EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0617* SENATE BILL 617 C3 5lr2726 HB 180/24 – ECM CF 5lr2694 By: Senator Gile Introduced and read first time: January 25, 2025 Assigned to: Education, Energy, and the Environment A BILL ENTITLED 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; altering the definition of “provide esthetic 4 services” to include providing eyelash extension services; and generally relating to 5 licensing and the State Board of Cosmetologists. 6 BY repealing and reenacting, without amendments, 7 Article – Business Occupations and Professions 8 Section 5–101(a) 9 Annotated Code of Maryland 10 (2018 Replacement Volume and 2024 Supplement) 11 BY repealing and reenacting, with amendments, 12 Article – Business Occupations and Professions 13 Section 5–101(i), (l), (n), (o), and (p) through (r), 5–205(b) and (c), 5–301, 5–305, 14 5–310, 5–404, 5–501, and 5–605 15 Annotated Code of Maryland 16 (2018 Replacement Volume and 2024 Supplement) 17 BY adding to 18 Article – Business Occupations and Professions 19 Section 5–101(p) 20 Annotated Code of Maryland 21 (2018 Replacement Volume and 2024 Supplement) 22 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23 That the Laws of Maryland read as follows: 24 Article – Business Occupations and Professions 25 2 SENATE BILL 617 5–101. 1 (a) In this title the following words have the meanings indicated. 2 (i) (1) “License” means, unless the context requires otherwise, a license issued 3 by the Board. 4 (2) “License” includes, unless the context requires otherwise, each of the 5 following licenses: 6 (i) a license to practice cosmetology; 7 (ii) a license to practice as a senior cosmetologist; 8 (iii) a limited license to provide esthetic services; 9 (iv) a limited license to provide hair services; 10 (v) a limited license to provide hair services – blow drying; [and] 11 (vi) a limited license to provide nail technician services; AND 12 (VII) A LIMITED LICENSE TO PROVIDE EYELASH EXTE NSION 13 SERVICES. 14 (l) (1) “Limited license” means a license issued by the Board to practice 15 cosmetology as limited in § 5–301 of this title. 16 (2) “Limited license” includes, unless the context requires otherwise, each 17 of the following licenses: 18 (i) a limited license to provide esthetic services; 19 (ii) a limited license to provide hair services; 20 (iii) a limited license to provide hair services – blow drying; [and] 21 (iv) a limited license to provide nail technician services; AND 22 (V) A LIMITED LICENSE TO PROVIDE EYELASH EXTE NSION 23 SERVICES. 24 (n) (1) “Practice cosmetology” means to engage in any of the following for 25 compensation: 26 (i) providing hair services; 27 SENATE BILL 617 3 (ii) arching or dyeing eyebrows; 1 (iii) dyeing eyelashes; 2 (iv) providing esthetic services; [or] 3 (v) providing nail technician services; OR 4 (VI) PROVIDING EYELAS H EXTENSION SERVICES . 5 (2) The practice of cosmetology does not include: 6 (i) the mere sale, fitting, or styling of wigs or hairpieces; 7 (ii) the mere shampooing of hair; or 8 (iii) a service that results in tension on hair strands or roots by 9 twisting, wrapping, weaving, extending, locking, or braiding by hand or mechanical device, 10 provided that the service does not include the application of dyes, reactive chemicals, or 11 other preparations to alter the color of the hair or to straighten, curl, or alter the structure 12 of the hair. 13 (o) (1) “Provide esthetic services” means to provide to an individual, for 14 compensation, the service of: 15 (i) cleansing, exercising, exfoliating, massaging, cosmetic 16 microneedling, stimulating, toning, or performing any other similar procedure on the skin 17 or scalp by electrical, mechanical, or any other means; 18 (ii) applying to the face, body, or scalp an alcohol, cream, lotion, 19 astringent, or cosmetic preparation; [or] 20 (iii) removing superfluous hair by the use of electrical, mechanical, 21 or any means other than by the use of a laser light–based device; OR 22 (IV) PROVIDING EYELASH EX TENSION SERVICES . 23 (2) “Provide esthetic services” includes: 24 (i) applying eyelash extensions; 25 (ii) performing superficial exfoliation treatments of the epidermis 26 using professional and other commercially available products or devices; 27 4 SENATE BILL 617 (iii) performing treatments for the relaxation, hydration, contouring, 1 and beautification of the face, skin, body, eyelashes, or eyebrows; and 2 (iv) performing nonablative skin rejuvenation. 3 (3) “Provide esthetic services” does not include: 4 (i) the diagnosis of illness, disease, or injury; or 5 (ii) performing ablation of the dermis or hypodermis. 6 (P) “PROVIDE EYELASH EXTE NSION SERVICES ” MEANS TO PROVIDE TO AN 7 INDIVIDUAL, FOR COMPENSATION , THE SERVICE OF: 8 (1) CLEANING THE EYE ARE A; 9 (2) APPLYING: 10 (I) EYELASH PRIMERS AND ADHESIVES; 11 (II) EYELASH EXTENSIONS ; AND 12 (III) SEALANT; OR 13 (3) DRYING THE EYE AREA FOR EYELASH EXTENSIONS . 14 [(p)] (Q) “Provide hair services” means to provide to an individual for 15 compensation the service of beautifying, cleaning, or embellishing the hair of the individual 16 by: 17 (1) arranging the hair; 18 (2) bleaching the hair; 19 (3) cleansing the hair; 20 (4) coloring the hair; 21 (5) curling the hair; 22 (6) cutting the hair; 23 (7) dressing the hair; 24 (8) singeing the hair; 25 SENATE BILL 617 5 (9) permanent waving the hair; 1 (10) waving the hair; or 2 (11) performing any other similar procedure intended to beautify, clean, or 3 embellish the hair. 4 [(q)] (R) “Provide hair services – blow drying” means to provide to an individual 5 for compensation the service of beautifying, cleaning, or arranging the hair of the individual 6 by: 7 (1) arranging the hair; 8 (2) cleansing the hair; 9 (3) curling the hair; 10 (4) dressing the hair; 11 (5) blow drying the hair; 12 (6) singeing the hair; or 13 (7) performing any other similar procedure intended to beautify, clean, or 14 arrange the hair. 15 [(r)] (S) “Provide nail technician services” means to provide to an individual, for 16 compensation, the service of: 17 (1) manicuring or pedicuring the individual’s nails; 18 (2) applying artificial nail enhancement products; or 19 (3) maintaining artificial nail enhancement products. 20 5–205. 21 (b) (1) The Board shall adopt regulations that establish detailed curriculum 22 standards for use by the State Board of Education or the Maryland Higher Education 23 Commission in approving applications for instruction in the practice of cosmetology, the 24 provision of esthetic services, THE PROVISION OF EYE LASH EXTENSION SERVI CES, the 25 provision of hair services, and the provision of nail technician services at public schools or 26 private career schools. 27 (2) The curriculum standards established under paragraph (1) of this 28 subsection shall: 29 6 SENATE BILL 617 (i) incorporate modern methods and practices for: 1 1. practicing cosmetology; 2 2. providing esthetic services; 3 3. PROVIDING EYELASH EX TENSION SERVICES ; 4 [3.] 4. providing hair services; 5 [4.] 5. providing hair services – blow drying; and 6 [5.] 6. providing nail technician services; 7 (ii) include a reference to each topic and the emphasis of each topic 8 required of a comprehensive curriculum in the appropriate licensing area; and 9 (iii) be reviewed and updated periodically as determined by the 10 Board. 11 (c) (1) [Beginning October 1, 2018, the] THE Board shall require a licensee 12 renewing a license to complete at least six credit hours of continuing education approved 13 by the Board. 14 (2) The Board shall adopt regulations that set standards for continuing 15 education courses that, at a minimum, require: 16 (i) two hours of training in health, safety, and welfare subjects; and 17 (ii) four hours of training in general elective courses. 18 5–301. 19 (a) Except as otherwise provided in this title, an individual shall be licensed by 20 the Board to practice cosmetology before the individual may practice cosmetology in the 21 State. 22 (b) If an individual holds the appropriate limited license, the individual may 23 practice cosmetology in a manner limited to: 24 (1) providing esthetic services; 25 (2) PROVIDING EYELASH EX TENSION SERVICES ; 26 [(2)] (3) providing hair services; 27 SENATE BILL 617 7 [(3)] (4) providing hair services – blow drying; or 1 [(4)] (5) providing nail technician services. 2 (c) Subsection (a) of this section does not apply to: 3 (1) a student while the student practices cosmetology in accordance with § 4 5–302 or § 5–303 of this subtitle; or 5 (2) a registered apprentice. 6 5–305. 7 (a) To qualify for a limited license to practice cosmetology, an applicant shall be 8 an individual who meets the requirements of this section. 9 (b) An applicant for a limited license to provide esthetic services shall: 10 (1) be at least 17 years old; 11 (2) have completed successfully a 9th grade education or the equivalent; 12 and 13 (3) have received training by: 14 (i) serving as a registered apprentice for at least 6 months as 15 provided under §§ 5–404 and 5–405 of this title; or 16 (ii) successfully completing at least 600 hours of instruction in 17 providing esthetic services in a cosmetology school approved by the State Department of 18 Education or the Maryland Higher Education Commission in consultation with the Board. 19 (C) AN APPLICANT FOR A LI MITED LICEN SE TO PROVIDE EYELAS H 20 EXTENSION SERVICES S HALL: 21 (1) BE AT LEAST 17 YEARS OLD; 22 (2) HAVE COMPLETED SUCCE SSFULLY A 9TH GRADE EDUCATION O R 23 THE EQUIVALENT ; AND 24 (3) (I) HAVE RECEIVED TRAINI NG BY: 25 1. SERVING AS A REGISTE RED APPRENTICE FOR A T 26 LEAST 3 MONTHS AS PROVIDED U NDER §§ 5–404 AND 5–405 OF THIS TITLE; OR 27 8 SENATE BILL 617 2. SUCCESSFULLY COMPLET ING AT LEAST 100 HOURS 1 OF INSTRUCTION IN PR OVIDING EYELASH EXTE NSION SERVICES IN A COSMETOLOGY 2 SCHOOL APPROVED BY T HE STATE DEPARTMENT OF EDUCATION OR THE 3 MARYLAND HIGHER EDUCATION COMMISSION IN CONSULT ATION WITH THE 4 BOARD; OR 5 (II) PASS A PRACTICAL AND WRITTEN EXAMINATION 6 ADMINISTERED BY THE BOARD. 7 [(c)] (D) An applicant for a limited license to provide hair services shall: 8 (1) be at least 17 years old; 9 (2) have completed successfully a 9th grade education or the equivalent; 10 and 11 (3) have received training by: 12 (i) serving as a registered apprentice for at least 15 months as 13 provided under §§ 5–404 and 5–405 of this title; or 14 (ii) successfully completing at least 1,200 hours of instruction 15 providing hair services in a cosmetology school approved by the State Department of 16 Education or the Maryland Higher Education Commission in consultation with the Board. 17 [(d)] (E) An applicant for a limited license to provide hair services – blow drying 18 shall: 19 (1) be at least 17 years old; 20 (2) have completed successfully a 9th grade education or the equivalent; 21 and 22 (3) have received training by successfully completing at least 350 hours of 23 instruction providing hair services – blow drying in a cosmetology school approved by the 24 State Department of Education or the Maryland Higher Education Commission in 25 consultation with the Board. 26 [(e)] (F) An applicant for a limited license to provide nail technician services 27 shall: 28 (1) be at least 17 years old; 29 (2) have successfully completed a 9th grade education or the equivalent; 30 and 31 SENATE BILL 617 9 (3) have received training by: 1 (i) serving as a registered apprentice for at least 3 months as 2 provided under §§ 5–404 and 5–405 of this title; or 3 (ii) successfully completing at least 250 hours of instruction in 4 providing nail technician services in a cosmetology school approved by the State 5 Department of Education or the Maryland Higher Education Commission in consultation 6 with the Board. 7 [(f)] (G) If an applicant is licensed to practice as an esthetician, EYELASH 8 EXTENSION TECHNICIAN , hairstylist, hairstylist – blow drying technician, or nail 9 technician in another state or foreign country, the applicant meets the training 10 requirements of this section if the applicant has held a limited license in the other state or 11 foreign country and has actively practiced in the other state or foreign country for a period 12 of 6 months. 13 [(g)] (H) An applicant for a limited license shall pass an examination given by 14 the Board under this subtitle. 15 5–310. 16 (a) Subject to subsections (b), (c), (d), [and] (e), AND (F) of this section and while 17 a license to practice cosmetology is in effect, it authorizes the licensee to practice 18 cosmetology. 19 (b) While a limited license to provide esthetic services is in effect, it authorizes 20 the licensee to provide only esthetic services. 21 (C) WHILE A LIMITED LICEN SE TO PROVIDE EYELAS H EXTENSION SERVICES 22 IS IN EFFECT , IT AUTHORIZES THE LI CENSEE TO PROVIDE ON LY EYELASH 23 EXTENSION SERVICES . 24 [(c)] (D) While a limited license to provide hair services is in effect, the license 25 authorizes the licensee to provide only hair services. 26 [(d)] (E) While a limited license to provide hair services – blow drying is in effect, 27 the license authorizes the licensee to provide only hair services – blow drying. 28 [(e)] (F) While a limited license to provide nail technician services is in effect, it 29 authorizes the licensee to provide only nail technician services. 30 5–404. 31 (a) While registration as an apprentice is in effect, the registration authorizes the 32 individual to learn to practice cosmetology or any limited practice of cosmetology: 33 10 SENATE BILL 617 (1) in a: 1 (i) beauty salon that holds a beauty salon permit; or 2 (ii) barbershop that holds a barbershop permit; and 3 (2) under the supervision of: 4 (i) if learning to practice cosmetology, a licensed se nior 5 cosmetologist; 6 (ii) if learning to provide esthetic services, a licensed senior 7 cosmetologist or a licensed esthetician with 2 years’ experience; 8 (III) IF LEARNING TO PROVI DE EYELASH EXTENSION SERVICES: 9 1. BEGINNING JANUARY 1, 2027, A LICENSED SENIOR 10 COSMETOLOGIST WHO HA S COMPLETED CONTINUI NG EDUCATION REQUIRE MENTS 11 IN PROVIDING EYELASH EXTENSION SERVICES ; OR 12 2. A LICENSED EYELASH E XTENSION TECHNICIAN WITH 13 2 YEARS’ EXPERIENCE; 14 [(iii)] (IV) if learning to provide hair services, a licensed senior 15 cosmetologist or a licensed hairstylist with 2 years’ experience; and 16 [(iv)] (V) if learning to provide nail technician services, a licensed 17 senior cosmetologist or a licensed nail technician with 2 years’ experience. 18 (b) A licensed senior cosmetologist may directly train and supervise not more 19 than two apprentices learning to practice cosmetology or any limited practice of 20 cosmetology specified in subsection (a)(2) of this section. 21 (c) An individual with one of the limited licenses specified in subsection (a)(2) of 22 this section who has at least 2 years of experience in that limited practice of cosmetology 23 may directly train and supervise not more than two apprentices learning the same limited 24 practice of cosmetology. 25 5–501. 26 (a) A person shall hold a beauty salon permit issued by the Board before the 27 person may operate a beauty salon in the State. 28 (b) A beauty salon may operate as a limited practice beauty salon by offering 29 cosmetology services limited to: 30 SENATE BILL 617 11 (1) providing esthetic services; 1 (2) PROVIDING EYELASH EX TENSION SERVICES ; 2 [(2)] (3) providing hair services; 3 [(3)] (4) providing hair services – blow drying; or 4 [(4)] (5) providing nail technician services. 5 (c) A separate beauty salon permit is required for each beauty salon that a person 6 operates. 7 5–605. 8 (a) Except as provided in §§ 5–302 and 5–303 of this title and subsection (b) of 9 this section, a person may not practice cosmetology, provide esthetic services, PROVIDE 10 EYELASH EXTENSION SE RVICES, provide hair services, provide hair services – blow 11 drying, or provide nail technician services in any place other than: 12 (1) a beauty salon that holds a beauty salon permit; or 13 (2) a barbershop that holds a barbershop permit issued under Title 4 of this 14 article. 15 (b) (1) A licensed cosmetologist, esthetician, EYELASH EXTENSION 16 TECHNICIAN, hairstylist, hairstylist – blow dry technician, or nail technician may practice 17 cosmetology and provide services in: 18 (i) a facility in which beautification–oriented medical services, 19 authorized by the Maryland Department of Health, are provided; 20 (ii) the residence of an individual confined to the residence by reason 21 of a physical or mental infirmity; 22 (iii) an assisted living facility as defined in § 19–1801 of the Health – 23 General Article; 24 (iv) a hospice facility defined in § 19–901(c) of the Health – General 25 Article; 26 (v) a nursing home as defined in § 19–1401(e) of the Health – 27 General Article; or 28 12 SENATE BILL 617 (vi) a hospital as defined in § 19–301 of the Health – General Article 1 or a similar institution. 2 (2) To practice in any of the locations specified in this subsection: 3 (i) the licensed cosmetologist, esthetician, EYELASH EXTENSION 4 TECHNICIAN, hairstylist, hairstylist – blow dry technician, or nail technician shall be 5 sponsored by a beauty salon in which the cosmetologist, esthetician, hairstylist, hairstylist 6 – blow dry technician, or nail technician is authorized to practice; 7 (ii) the patron to whom the services are rendered shall be a customer 8 of the beauty salon; and 9 (iii) the services shall be rendered by appointment through the 10 beauty salon. 11 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12 October 1, 2025. 13