EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0423* SENATE BILL 423 C3 3lr1819 By: Senator Beidle Introduced and read first time: February 2, 2023 Assigned to: Finance Reassigned: Education, Energy, and the Environment, February 6, 2023 Committee Report: Favorable with amendments Senate action: Adopted Read second time: March 13, 2023 CHAPTER ______ AN ACT concerning 1 State Board of Cosmetologists – Licensing – Eyelash Extensions 2 FOR the purpose of authorizing the State Board of Cosmetologists to issue a limited license 3 to provide eyelash extension services; and generally relating to licensing and the 4 State Board of Cosmetologists. 5 BY repealing and reenacting, without amendments, 6 Article – Business Occupations and Professions 7 Section 5–101(a) 8 Annotated Code of Maryland 9 (2018 Replacement Volume and 2022 Supplement) 10 BY repealing and reenacting, with amendments, 11 Article – Business Occupations and Professions 12 Section 5–101(i), (l), (n), and (p) through (r), 5–205(b) and (c), 5–301, 5–305, 5–310, 13 5–404, 5–501, and 5–605 14 Annotated Code of Maryland 15 (2018 Replacement Volume and 2022 Supplement) 16 BY adding to 17 Article – Business Occupations and Professions 18 Section 5–101(p) 19 Annotated Code of Maryland 20 (2018 Replacement Volume and 2022 Supplement) 21 2 SENATE BILL 423 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 That the Laws of Maryland read as follows: 2 Article – Business Occupations and Professions 3 5–101. 4 (a) In this title the following words have the meanings indicated. 5 (i) (1) “License” means, unless the context requires otherwise, a license issued 6 by the Board. 7 (2) “License” includes, unless the context requires otherwise, each of the 8 following licenses: 9 (i) a license to practice cosmetology; 10 (ii) a license to practice as a senior cosmetologist; 11 (iii) a limited license to provide esthetic services; 12 (iv) a limited license to provide hair services; 13 (v) a limited license to provide hair services – blow drying; [and] 14 (vi) a limited license to provide nail technician services; AND 15 (VII) A LIMITED LICENSE TO PROVIDE EYELASH EXTE NSION 16 SERVICES. 17 (l) (1) “Limited license” means a license issued by the Board to practice 18 cosmetology as limited in § 5–301 of this title. 19 (2) “Limited license” includes, unless the context requires otherwise, each 20 of the following licenses: 21 (i) a limited license to provide esthetic services; 22 (ii) a limited license to provide hair services; 23 (iii) a limited license to provide hair services – blow drying; [and] 24 (iv) a limited license to provide nail technician services; AND 25 SENATE BILL 423 3 (V) A LIMITED LICENSE TO PROVIDE EYELASH EXTE NSION 1 SERVICES. 2 (n) (1) “Practice cosmetology” means to engage in any of the following for 3 compensation: 4 (i) providing hair services; 5 (ii) arching or dyeing eyebrows; 6 (iii) dyeing eyelashes; 7 (iv) providing esthetic services; [or] 8 (v) providing nail technician services; OR 9 (VI) PROVIDING EYELASH EX TENSION SERVICES . 10 (2) The practice of cosmetology does not include: 11 (i) the mere sale, fitting, or styling of wigs or hairpieces; 12 (ii) the mere shampooing of hair; or 13 (iii) a service that results in tension on hair strands or roots by 14 twisting, wrapping, weaving, extending, locking, or braiding by hand or mechanical device, 15 provided that the service does not include the application of dyes, reactive chemicals, or 16 other preparations to alter the color of the hair or to straighten, curl, or alter the structure 17 of the hair. 18 (P) “PROVIDE EYELASH EXTEN SION SERVICES” MEANS TO PROVIDE TO AN 19 INDIVIDUAL, FOR COMPENSATION , THE SERVICE OF: 20 (1) CLEANING THE EYE ARE A; 21 (2) APPLYING: 22 (I) EYELASH PRIMERS AND ADHESIVES; 23 (II) EYELASH EXTENSIONS ; AND 24 (III) SEALANT; OR 25 (3) DRYING THE EYE AREA FOR EYELASH EXTENSIO NS. 26 4 SENATE BILL 423 [(p)] (Q) “Provide hair services” means to provide to an individual for 1 compensation the service of beautifying, cleaning, or embellishing the hair of the individual 2 by: 3 (1) arranging the hair; 4 (2) bleaching the hair; 5 (3) cleansing the hair; 6 (4) coloring the hair; 7 (5) curling the hair; 8 (6) cutting the hair; 9 (7) dressing the hair; 10 (8) singeing the hair; 11 (9) permanent waving the hair; 12 (10) waving the hair; or 13 (11) performing any other similar procedure intended to beautify, clean, or 14 embellish the hair. 15 [(q)] (R) “Provide hair services – blow drying” means to provide to an individual 16 for compensation the service of beautifying, cleaning, or arranging the hair of the individual 17 by: 18 (1) arranging the hair; 19 (2) cleansing the hair; 20 (3) curling the hair; 21 (4) dressing the hair; 22 (5) blow drying the hair; 23 (6) singeing the hair; or 24 (7) performing any other similar procedure intended to beautify, clean, or 25 arrange the hair. 26 SENATE BILL 423 5 [(r)] (S) “Provide nail technician services” means to provide to an individual, for 1 compensation, the service of: 2 (1) manicuring or pedicuring the individual’s nails; 3 (2) applying artificial nail enhancement products; or 4 (3) maintaining artificial nail enhancement products. 5 5–205. 6 (b) (1) The Board shall adopt regulations that establish detailed curriculum 7 standards for use by the State Board of Education or the Maryland Higher Education 8 Commission in approving applications for instruction in the practice of cosmetology, the 9 provision of esthetic services, THE PROVISION OF EYE LASH EXTENSION SERVI CES, the 10 provision of hair services, and the provision of nail technician services at public schools or 11 private career schools. 12 (2) The curriculum standards established under paragraph (1) of this 13 subsection shall: 14 (i) incorporate modern methods and practices for: 15 1. practicing cosmetology; 16 2. providing esthetic services; 17 3. PROVIDING EYELASH EX TENSION SERVICES ; 18 [3.] 4. providing hair services; 19 [4.] 5. providing hair services – blow drying; and 20 [5.] 6. providing nail technician services; 21 (ii) include a reference to each topic and the emphasis of each topic 22 required of a comprehensive curriculum in the appropriate licensing area; and 23 (iii) be reviewed and updated periodically as determined by the 24 Board. 25 (c) (1) [Beginning October 1, 2018, the] THE Board shall require a licensee 26 renewing a license to complete at least six credit hours of continuing education approved 27 by the Board. 28 6 SENATE BILL 423 (2) The Board shall adopt regulations that set standards for continuing 1 education courses that, at a minimum, require: 2 (i) two hours of training in health, safety, and welfare subjects; and 3 (ii) four hours of training in general elective courses. 4 5–301. 5 (a) Except as otherwise provided in this title, an individual shall be licensed by 6 the Board to practice cosmetology before the individual may practice cosmetology in the 7 State. 8 (b) If an individual holds the appropriate limited license, the individual may 9 practice cosmetology in a manner limited to: 10 (1) providing esthetic services; 11 (2) PROVIDING EYELASH EX TENSION SERVICES ; 12 [(2)] (3) providing hair services; 13 [(3)] (4) providing hair services – blow drying; or 14 [(4)] (5) providing nail technician services. 15 (c) Subsection (a) of this section does not apply to: 16 (1) a student while the student practices cosmetology in accordance with § 17 5–302 or § 5–303 of this subtitle; or 18 (2) a registered apprentice. 19 5–305. 20 (a) To qualify for a limited license to practice cosmetology, an applicant shall be 21 an individual who meets the requirements of this section. 22 (b) An applicant for a limited license to provide esthetic services shall: 23 (1) be at least 17 years old; 24 (2) have completed successfully a 9th grade education or the equivalent; 25 and 26 (3) have received training by: 27 SENATE BILL 423 7 (i) serving as a registered apprentice for at least 6 months as 1 provided under §§ 5–404 and 5–405 of this title; or 2 (ii) successfully completing at least 600 hours of instruction in 3 providing esthetic services in a cosmetology school approved by the State Department of 4 Education or the Maryland Higher Education Commission in consultation with the Board. 5 (C) AN APPLICANT FOR A LI MITED LICENSE TO PRO VIDE EYELASH 6 EXTENSION SERVICES SHALL: 7 (1) BE AT LEAST 17 YEARS OLD; 8 (2) POSSESS A HIGH SCHOO L DIPLOMA OR GRADUAT E EQUIVALENCE 9 DIPLOMA; HAVE COMPLETED SUCCE SSFULLY A 9TH GRADE EDUCATION O R THE 10 EQUIVALENT; AND 11 (3) (I) HAVE RECEIVED TRAINI NG BY: 12 1. SERVING AS A REGISTE RED APPRENTICE FOR AT 13 LEAST 2 MONTHS AS PROVIDED U NDER §§ 5–404 AND 5–405 OF THIS TITLE; OR 14 2. SUCCESSFULLY COMPLET ING AT LEAST 60 HOURS OF 15 INSTRUCTION IN PROVI DING EYELASH EXTENSI ON SERVICES IN A COS METOLOGY 16 SCHOOL APPROVED BY T HE STATE DEPARTMENT OF EDUCATION OR THE 17 MARYLAND HIGHER EDUCATION COMMISSION IN CONSULT ATION WITH THE 18 BOARD; OR 19 (II) PASS A PRACTICAL EXA MINATION. 20 [(c)] (D) An applicant for a limited license to provide hair services shall: 21 (1) be at least 17 years old; 22 (2) have completed successfully a 9th grade education or the equivalent; 23 and 24 (3) have received training by: 25 (i) serving as a registered apprentice for at least 15 months as 26 provided under §§ 5–404 and 5–405 of this title; or 27 (ii) successfully completing at least 1,200 hours of instruction 28 providing hair services in a cosmetology school approved by the State Department of 29 Education or the Maryland Higher Education Commission in consultation with the Board. 30 8 SENATE BILL 423 [(d)] (E) An applicant for a limited license to provide hair services – blow drying 1 shall: 2 (1) be at least 17 years old; 3 (2) have completed successfully a 9th grade education or the equivalent; 4 and 5 (3) have received training by successfully completing at least 350 hours of 6 instruction providing hair services – blow drying in a cosmetology school approved by the 7 State Department of Education or the Maryland Higher Education Commission in 8 consultation with the Board. 9 [(e)] (F) An applicant for a limited license to provide nail technician services 10 shall: 11 (1) be at least 17 years old; 12 (2) have successfully completed a 9th grade education or the equivalent; 13 and 14 (3) have received training by: 15 (i) serving as a registered apprentice for at least 3 months as 16 provided under §§ 5–404 and 5–405 of this title; or 17 (ii) successfully completing at least 250 hours of instruction in 18 providing nail technician services in a cosmetology school approved by the State 19 Department of Education or the Maryland Higher Education Commission in consultation 20 with the Board. 21 [(f)] (G) If an applicant is licensed to practice as an esthetician, EYELASH 22 EXTENSION TECHNICIAN , hairstylist, hairstylist – blow drying technician, or nail 23 technician in another state or foreign country, the applicant meets the training 24 requirements of this section if the applicant has held a limited license in the other state or 25 foreign country and has actively practiced in the other state or foreign country for a period 26 of 6 months. 27 [(g)] (H) An applicant for a limited license shall pass an examination given by 28 the Board under this subtitle. 29 5–310. 30 (a) Subject to subsections (b), (c), (d), [and] (e), AND (F) of this section and while 31 a license to practice cosmetology is in effect, it authorizes the licensee to practice 32 cosmetology. 33 SENATE BILL 423 9 (b) While a limited license to provide esthetic services is in effect, it authorizes 1 the licensee to provide only esthetic services. 2 (C) WHILE A LIMITED LICEN SE TO PROVIDE EYELAS H EXTENSION SERVICES 3 IS IN EFFECT , IT AUTHORIZES THE LI CENSEE TO PROVIDE ON LY EYELASH 4 EXTENSION SERVICES . 5 [(c)] (D) While a limited license to provide hair services is in effect, the license 6 authorizes the licensee to provide only hair services. 7 [(d)] (E) While a limited license to provide hair services – blow drying is in effect, 8 the license authorizes the licensee to provide only hair services – blow drying. 9 [(e)] (F) While a limited license to provide nail technician services is in effect, it 10 authorizes the licensee to provide only nail technician services. 11 5–404. 12 (a) While registration as an apprentice is in effect, the registration authorizes the 13 individual to learn to practice cosmetology or any limited practice of cosmetology: 14 (1) in a: 15 (i) beauty salon that holds a beauty salon permit; or 16 (ii) barbershop that holds a barbershop permit; and 17 (2) under the supervision of: 18 (i) if learning to practice cosmetology, a licensed senior 19 cosmetologist; 20 (ii) if learning to provide esthetic services, a licensed senior 21 cosmetologist or a licensed esthetician with 2 years’ experience; 22 (III) IF LEARNING TO PROVI DE EYELASH EXTENSION SERVICES, 23 SERVICES: A LICENSED SENIOR COSMETOLOGIST OR A LICENSED EYELAS H 24 EXTENSION TECHNICIAN WITH 2 YEARS’ EXPERIENCE; 25 1. BEGINNING JANUARY 1, 2025, A LICENSED SENIOR 26 COSMETOLOGIST WHO HA S COMPLETED CONTINUI NG EDUCATION REQUIRE MENTS 27 IN PROVIDING EYELASH EXTENSION SERVICES ; OR 28 2. A LICENSED EYELASH E XTENSION TECHNICIAN WITH 29 2 YEARS’ EXPERIENCE; 30 10 SENATE BILL 423 [(iii)] (IV) if learning to provide hair services, a licensed senior 1 cosmetologist or a licensed hairstylist with 2 years’ experience; and 2 [(iv)] (V) if learning to provide nail technician services, a licensed 3 senior cosmetologist or a licensed nail technician with 2 years’ experience. 4 (b) A licensed senior cosmetologist may directly train and supervise not more 5 than two apprentices learning to practice cosmetology or any limited practice of 6 cosmetology specified in subsection (a)(2) of this section. 7 (c) An individual with one of the limited licenses specified in subsection (a)(2) of 8 this section who has at least 2 years of experience in that limited practice of cosmetology 9 may directly train and supervise not more than two apprentices learning the same limited 10 practice of cosmetology. 11 5–501. 12 (a) A person shall hold a beauty salon permit issued by the Board before the 13 person may operate a beauty salon in the State. 14 (b) A beauty salon may operate as a limited practice beauty salon by offering 15 cosmetology services limited to: 16 (1) providing esthetic services; 17 (2) PROVIDING EYELASH EX TENSION SERVICES ; 18 [(2)] (3) providing hair services; 19 [(3)] (4) providing hair services – blow drying; or 20 [(4)] (5) providing nail technician services. 21 (c) A separate beauty salon permit is required for each beauty salon that a person 22 operates. 23 5–605. 24 (a) Except as provided in §§ 5–302 and 5–303 of this title and subsection (b) of 25 this section, a person may not practice cosmetology, provide esthetic services, PROVIDE 26 EYELASH EXTENSION SE RVICES, provide hair services, provide hair services – blow 27 drying, or provide nail technician services in any place other than: 28 (1) a beauty salon that holds a beauty salon permit; or 29 SENATE BILL 423 11 (2) a barbershop that holds a barbershop permit issued under Title 4 of this 1 article. 2 (b) (1) A licensed cosmetologist, esthetician, EYELASH EXTENSION 3 TECHNICIAN, hairstylist, hairstylist – blow dry technician, or nail technician may practice 4 cosmetology and provide services in: 5 (i) a facility in which beautification–oriented medical services, 6 authorized by the Maryland Department of Health, are provided; 7 (ii) the residence of an individual confined to the residence by reason 8 of a physical or mental infirmity; 9 (iii) an assisted living facility as defined in § 19–1801 of the Health – 10 General Article; 11 (iv) a hospice facility defined in § 19–901(c) of the Health – General 12 Article; 13 (v) a nursing home as defined in § 19–1401(e) of the Health – 14 General Article; or 15 (vi) a hospital as defined in § 19–301 of the Health – General Article 16 or a similar institution. 17 (2) To practice in any of the locations specified in this subsection: 18 (i) the licensed cosmetologist, esthetician, EYELASH EXTENSION 19 TECHNICIAN, hairstylist, hairstylist – blow dry technician, or nail technician shall be 20 sponsored by a beauty salon in which the cosmetologist, esthetician, hairstylist, hairstylist 21 – blow dry technician, or nail technician is authorized to practice; 22 (ii) the patron to whom the services are rendered shall be a customer 23 of the beauty salon; and 24 (iii) the services shall be rendered by appointment through the 25 beauty salon. 26 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27 October 1, 2023. 28