Missouri 2024 Regular Session

Missouri Senate Bill SB1425 Compare Versions

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Old	New	Differences
1	1
2	2	SECOND REGULAR SESSION
3	3	SENATE BILL NO. 1425
4	4	102ND GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR WASHINGTON.
6	6	5644S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To repeal sections 329.010 and 329.050, RSMo, and to enact in lieu thereof two new sections
9	9	relating to the classified occupations of cosmetology.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Sections 329.010 and 329.050, RSMo, are 1
13	13	repealed and two new sections enacted in lieu thereof, to be 2
14	14	known as sections 329.010 and 329.050, to read as follows:3
15	15	329.010. As used in this chapter, unless the context 1
16	16	clearly indicates otherwise, the fo llowing words and terms 2
17	17	mean: 3
18	18	(1) "Accredited school of cosmetology or school of 4
19	19	manicuring", an establishment operated for the purpose of 5
20	20	teaching cosmetology as defined in this section and meeting 6
21	21	the criteria set forth under 34 C.F.R. Part 600 , Sections 7
22	22	600.1 and 600.2; 8
23	23	(2) "Apprentice" or "student", a person who is engaged 9
24	24	in training within a cosmetology establishment or school, 10
25	25	and while so training performs any of the practices of the 11
26	26	classified occupations within this chapter und er the 12
27	27	immediate direction and supervision of a licensed 13
28	28	cosmetologist or instructor; 14
29	29	(3) "Board", the state board of cosmetology and barber 15
30	30	examiners; 16 SB 1425 2
31	31	(4) "Cosmetologist", any person who, for compensation, 17
32	32	engages in the practice of cosmet ology, as defined in 18
33	33	subdivision (5) of this section; 19
34	34	(5) "Cosmetology" includes performing or offering to 20
35	35	engage in any acts of the classified occupations of 21
36	36	cosmetology for compensation, which shall include: 22
37	37	(a) "Class CH - hairdresser" includes arranging, 23
38	38	dressing, curling, singeing, waving, permanent waving, 24
39	39	cleansing, cutting, bleaching, tinting, coloring or similar 25
40	40	work upon the hair of any person by any means; or removing 26
41	41	superfluous hair from the body of any person by means other 27
42	42	than electricity, or any other means of arching or tinting 28
43	43	eyebrows or tinting eyelashes. Class CH - hairdresser also 29
44	44	includes any person who either with the person's hands or 30
45	45	with mechanical or electrical apparatuses or appliances, or 31
46	46	by the use of cosmetic preparations, antiseptics, tonics, 32
47	47	lotions or creams engages for compensation in any one or any 33
48	48	combination of the following: massaging, cleaning, 34
49	49	stimulating, manipulating, exercising, beautifying or 35
50	50	similar work upon the scalp, face, neck, arms or bust; 36
51	51	(b) "Class MO - manicurist" includes cutting, 37
52	52	trimming, polishing, coloring, tinting, cleaning or 38
53	53	otherwise beautifying a person's fingernails, applying 39
54	54	artificial fingernails, massaging, cleaning a person's hands 40
55	55	and arms; pedicuring, which includes cutting, trimming, 41
56	56	polishing, coloring, tinting, cleaning or otherwise 42
57	57	beautifying a person's toenails, applying artificial 43
58	58	toenails, massaging and cleaning a person's legs and feet; 44
59	59	(c) "Class CA - hairdressing and manicuring" includes 45
60	60	all practices of cosmetology, as defined in paragraphs (a) 46
61	61	and (b) of this subdivision; 47 SB 1425 3
62	62	(d) "Class E - estheticians" includes the use of 48
63	63	mechanical, electrical apparatuses or appliances, or by the 49
64	64	use of cosmetic preparations, antiseptic s, tonics, lotions 50
65	65	or creams, not to exceed ten percent phenol, engages for 51
66	66	compensation, either directly or indirectly, in any one, or 52
67	67	any combination, of the following practices: massaging, 53
68	68	cleansing, stimulating, manipulating, exercising, 54
69	69	beautifying or similar work upon the scalp, face, neck, 55
70	70	ears, arms, hands, bust, torso, legs or feet and removing 56
71	71	superfluous hair by means other than electric needle or any 57
72	72	other means of arching or tinting eyebrows or tinting 58
73	73	eyelashes, of any person; 59
74	74	(e) "Class EA - esthetics and manicuring" includes all 60
75	75	practices of cosmetology, as defined in paragraphs (b) and 61
76	76	(d) of this subdivision; 62
77	77	(6) "Cosmetology establishment", that part of any 63
78	78	building wherein or whereupon any of the classified 64
79	79	occupations are practiced including any space rented within 65
80	80	a licensed establishment by a person licensed under this 66
81	81	chapter, for the purpose of rendering cosmetology services; 67
82	82	(7) "Cross-over license", a license that is issued to 68
83	83	any person who has me t the licensure and examination 69
84	84	requirements for both barbering and cosmetology; 70
85	85	(8) "Hair braider", any person who, for compensation, 71
86	86	engages in the practice of hair braiding; 72
87	87	(9) "Hair braiding", in accordance with the 73
88	88	requirements of sect ion 329.275, the use of techniques that 74
89	89	result in tension on hair strands or roots by twisting, 75
90	90	wrapping, waving, extending, locking, or braiding of the 76
91	91	hair by hand or mechanical device, but does not include the 77
92	92	application of dyes, reactive chemicals , or other 78 SB 1425 4
93	93	preparations to alter the color of the hair or to 79
94	94	straighten, curl, or alter the structure of the hair; 80
95	95	(10) "Hairdresser", any person who, for compensation, 81
96	96	engages in the practice of cosmetology as defined in 82
97	97	paragraph (a) of subdivi sion (5) of this section; 83
98	98	(11) "Instructor", any person who is licensed to teach 84
99	99	cosmetology or any practices of cosmetology pursuant to this 85
100	100	chapter; 86
101	101	(12) "Manicurist", any person who, for compensation, 87
102	102	engages in any or all of the practice s in paragraph (b) of 88
103	103	subdivision (5) of this section; 89
104	104	(13) "Parental consent", the written informed consent 90
105	105	of a minor's parent or legal guardian that must be obtained 91
106	106	prior to providing body waxing on or near the genitalia; 92
107	107	(14) "School of cosmetology" or "school of 93
108	108	manicuring", an establishment operated for the purpose of 94
109	109	teaching cosmetology as defined in subdivision (5) of this 95
110	110	section. 96
111	111	329.050. 1. Applicants for examination or licensure 1
112	112	pursuant to this chapter shall possess the following 2
113	113	qualifications: 3
114	114	(1) They shall provide documentation of successful 4
115	115	completion of courses approved by the board, have an 5
116	116	education equivalent to the successful completion of the 6
117	117	tenth grade, and be at least seventeen ye ars of age; 7
118	118	(2) If the applicants are apprentices, they shall have 8
119	119	served and completed, as an apprentice under the supervision 9
120	120	of a licensed cosmetologist, the time and studies required 10
121	121	by the board which shall be no less than three thousand 11
122	122	hours for cosmetologists, and no less than eight hundred 12
123	123	hours for manicurists and no less than fifteen hundred hours 13
124	124	for esthetics. When the classified occupation of manicurist 14 SB 1425 5
125	125	is apprenticed in conjunction with the classified occupation 15
126	126	of esthetician, the apprentice shall be required to 16
127	127	successfully complete an apprenticeship of no less than a 17
128	128	total of two thousand three hundred hours. However, when 18
129	129	the classified occupation of manicurist is apprenticed in 19
130	130	conjunction with the classified occupatio n of cosmetologist, 20
131	131	the apprentice shall be required to successfully complete an 21
132	132	apprenticeship of no less than a total of three thousand 22
133	133	hours; 23
134	134	(3) If the applicants are students, they shall have 24
135	135	had the required time in a licensed school of no less than 25
136	136	one thousand five hundred hours training or the credit hours 26
137	137	determined by the formula in Subpart A of Part 668 of 27
138	138	Section 668.8 of Title 34 of the Code of Federal 28
139	139	Regulations, as amended, for the classification of 29
140	140	cosmetologist, with the ex ception of public vocational 30
141	141	technical schools in which a student shall complete no less 31
142	142	than one thousand two hundred twenty hours training. All 32
143	143	students shall complete no less than four hundred hours or 33
144	144	the credit hours determined by the formula in Subpart A of 34
145	145	Part 668 of Section 668.8 of Title 34 of the Code of Federal 35
146	146	Regulations, as amended, for the classification of 36
147	147	manicurist. All students shall complete no less than seven 37
148	148	hundred fifty hours or the credit hours determined by the 38
149	149	formula in Subpart A of Part 668 of Section 668.8 of Title 39
150	150	34 of the Code of Federal Regulations, as amended, for the 40
151	151	classification of esthetician. When the classified 41
152	152	occupation of manicurist is taken in conjunction with the 42
153	153	classified occupation of estheti cian, the student shall be 43
154	154	required to complete the hours required for both 44
155	155	occupations. However, when the classified occupation of 45
156	156	manicurist is taken in conjunction with the classified 46 SB 1425 6
157	157	occupation of cosmetologist, the student shall not be 47
158	158	required to serve the extra four hundred hours or the credit 48
159	159	hours determined by the formula in Subpart A of Part 668 of 49
160	160	Section 668.8 of Title 34 of the Code of Federal 50
161	161	Regulations, as amended, otherwise required to include 51
162	162	manicuring of nails; and 52
163	163	(4) They shall have passed an examination to the 53
164	164	satisfaction of the board. 54
165	165	2. A person may apply to take the examination required 55
166	166	by subsection 1 of this section if the person is a graduate 56
167	167	of a school of cosmetology or apprentice program in another 57
168	168	state or territory of the United States which has 58
169	169	substantially the same requirements as an educational 59
170	170	establishment licensed pursuant to this chapter. A person 60
171	171	may apply to take the examination required by subsection 1 61
172	172	of this section if the person is a graduate of an 62
173	173	educational establishment in a foreign country that provides 63
174	174	training for a classified occupation of cosmetology, as 64
175	175	defined by section 329.010, and has educational requirements 65
176	176	that are substantially the same requirements as an 66
177	177	educational establishment licensed under this chapter. The 67
178	178	board has sole discretion to determine the substantial 68
179	179	equivalency of such educational requirements. The board may 69
180	180	require that transcripts from foreign schools be submitted 70
181	181	for its review, and the board may require that the applicant 71
182	182	provide an approved English translation of such transcripts. 72
183	183	3. Each application shall contain a statement that, 73
184	184	subject to the penalties of making a false affidavit or 74
185	185	declaration, the application is made under oath or 75
186	186	affirmation and that its representations are true and 76
187	187	correct to the best knowledge and belief of the person 77
188	188	signing the application. 78 SB 1425 7
189	189	4. The sufficiency of the qualifications of applicants 79
190	190	shall be determined by the board, but the board may delegate 80
191	191	this authority to its executive director subject to such 81
192	192	provisions as the board may adopt. 82
193	193	5. Applications for examination or licensure may be 83
194	194	denied if the applicant has pleaded guilty to, entered a 84
195	195	plea of nolo contendere to , or been found guilty of any of 85
196	196	the following offenses or offenses of a similar nature 86
197	197	established under the laws of this state, any other state, 87
198	198	the United States, or any other country, notwithstanding 88
199	199	whether sentence is imposed: 89
200	200	(1) Any dangerous felony as defined under section 90
201	201	556.061 or murder in the first degree; 91
202	202	(2) Any of the following sexual offenses: rape in the 92
203	203	first degree, forcible rape, rape, statutory rape in the 93
204	204	first degree, statutory rape in the second degree, rape in 94
205	205	the second degree, sexual assault, sodomy in the first 95
206	206	degree, forcible sodomy, statutory sodomy in the first 96
207	207	degree, statutory sodomy in the second degree, child 97
208	208	molestation in the first degree, child molestation in the 98
209	209	second degree, sodomy in the s econd degree, deviate sexual 99
210	210	assault, sexual misconduct involving a child, sexual 100
211	211	misconduct in the first degree under section 566.090 as it 101
212	212	existed prior to August 28, 2013, sexual abuse under section 102
213	213	566.100 as it existed prior to August 28, 2013, se xual abuse 103
214	214	in the first or second degree, enticement of a child, or 104
215	215	attempting to entice a child; 105
216	216	(3) Any of the following offenses against the family 106
217	217	and related offenses: incest, abandonment of a child in the 107
218	218	first degree, abandonment of a chi ld in the second degree, 108
219	219	endangering the welfare of a child in the first degree, 109
220	220	abuse of a child, using a child in a sexual performance, 110 SB 1425 8
221	221	promoting sexual performance by a child, or trafficking in 111
222	222	children; and 112
223	223	(4) Any of the following offenses i nvolving child 113
224	224	pornography and related offenses: promoting obscenity in 114
225	225	the first degree, promoting obscenity in the second degree 115
226	226	when the penalty is enhanced to a class E felony, promoting 116
227	227	child pornography in the first degree, promoting child 117
228	228	pornography in the second degree, possession of child 118
229	229	pornography in the first degree, possession of child 119
230	230	pornography in the second degree, furnishing child 120
231	231	pornography to a minor, furnishing pornographic materials to 121
232	232	minors, or coercing acceptance of obs cene material. 122
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