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repealed and two new sections enacted in lieu thereof, to be 2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