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ENGROSSED HOUSE
BILL NO. 1807 By: Bennett and Bell of the
House
and
Garvin of the Senate
An Act relating to professions and occupations ;
amending 59 O.S. 2011, Sections 199.1, as last
amended by Section 1, Chapter 62 , O.S.L. 2018, 199.3,
as last amended by Section 2, Chapter 62, O.S.L.
2018, 199.4, as amended by Section 88, Chapter 229,
O.S.L. 2013, 199.6, as last amended by Section 4,
Chapter 260, O.S.L. 2014, 199.7, as last amended by
Section 5, Chapter 260, O.S.L. 2014, 199.8, as last
amended by Section 6, Chapter 260, O.S.L. 2014,
199.9, as last amended by Section 7, Chapter 260,
O.S.L. 2014, 199.10, as last amended by Section 1,
Chapter 265, O.S.L. 2016, 199.11, as last amended by
Section 9, Chapter 363, O.S.L. 2019 and 199.14, as
last amended by Section 4, Chapter 62, O.S.L. 2018
(59 O.S. Supp. 2020, Sections 199.1, 199.3, 199.4
199.6, 199.7, 199.8, 199.9, 199.10, 199.11 and
199.14), which relate to the Oklahoma Cosmetology and
Barbering Act; modifying and adding definitions,
powers of board, executive director, penalties,
apprentices, inspections and renewal of license;
modifying definitions; providing for certificates;
making certain information confidential; allowing
evidence information to be public; exempting
information for report i nspection; providing for
fines; setting maximum fine amount; making each day
of violation a separate offense; providing for
regional accreditation recognized by the Department
of Education; increasing number of apprentices;
modifying and adding fees; and providing an effective
date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2011, Section 199.1, as
last amended by Section 1, Chapter 62, O.S.L. 2018 (59 O.S. Supp.
2020, Section 199.1), is amended to read as follows:
Section 199.1 As used in the Oklahoma Cosmetology and Barbering
Act:
1. "Apprentice" means a person who is engaged in learning the
practice of cosmetology or barbering in a cosmetology or barbering
establishment;
2. "Barber" or "barber stylist" means any person who engages in
the practice of barbering;
3. "Barbering" means any one or any combination of the
following practices, when done upon the upper part of the human body
for cosmetic purposes and when done for payment eith er directly or
indirectly for the general public , constitutes the practice of
barbering, to wit: Shaving or trimming the beard or cutting the
hair; giving facial or scalp massages or treatment with oils,
creams, lotions or other preparations, either by ha nd or mechanical
appliances; singeing, shampooing or applying lighteners or color to
the hair or applying hair tonics; applying cosmetic preparations,
antiseptics, powders, oils, clays or lotions to scalp, face, neck or
upper part of the body; and removing superfluous hair from the face,
neck or upper part of the body;
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4. "Barber establishment " means an establishment or place of
business where one or more persons are engaged in the practice of
barbering, but shall not include barber schools or colleges;
5. "Barber school" or "barber college" means an establishment
operated for the purpose of teaching barbering;
6. "Board" means the State Board of Cosmetology and Barbering;
7. "Cosmetic studio" means any place or premises where
demonstrators give demonstr ations, without compensation, for the
purpose only of advertising and selling cosmetics;
8. "Cosmetician Cosmetician/stylist" means a person licensed by
the Board to perform patron services limited to hair arranging and
application of makeup, including, b ut not limited to, using
hairstyling tools and products. Services must be performed in a
licensed establishment;
9. "Cosmetology" means any one or a combination of practices
generally and usually performed by and known as the occupation of
beauticians, beauty culturists, beauty operators, cosmeticians,
cosmetologists, or hairdressers, or of any other person holding
himself or herself out as practicing cosmetology by whatever
designation and within the meaning of the Oklahoma Cosmetology and
Barbering Act and in or upon whatever place or premises.
Cosmetology shall include, but not be limited to, any one or
combination of the following practices: bleaching, cleansing,
curling, cutting, coloring, dressing, removing, singeing, styling,
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waving, or similar wo rk, upon the hair of any person by any means ,
whether and with hands or mechanical or electrical apparatus or
appliances. Nothing in the Oklahoma Cosmetology and Barbering Act
shall be construed to prohibit the use of hands or mechanical or
electrical apparatus or appliances any of the devices for the
nonpermanent removal of hair from the human body without puncturing
of the skin, or by the use of cosmetic preparations, antiseptics,
tonics, lotions, or creams, or massaging, cleansing, stimulating,
exercising, beautifying, or similarly working the scalp, face, neck,
arms, bust, upper part of the body or the manicuring of the nails of
any person, exclusive of such of the foregoing practices as are
within the scope of the practice of the healing arts as provid ed by
law;
10. "Cosmetology establishment " means an establishment or place
of business where one or more persons are engaged in the practices
of cosmetology but shall not include cosmetology schools or
colleges;
11. "Cosmetology or barber school/college " means any place or
premises where instruction in any or all the practices of
cosmetology or barbering is given. Any person, firm, institution or
corporation, who holds himself, herself or itself out as a school to
teach and train, or any person, firm, in stitution or corporation who
shall teach and train any other person or persons in any of the
practices of cosmetology or barbering is hereby declared to be
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engaged in operating a cosmetology and/or barber school, and shall
be subject to the provisions of t he Oklahoma Cosmetology and
Barbering Act. Licensed cosmetology and/or barber schools may offer
education to secondary and postsecondary students in this state;
12. "Demonstrator" means a person who is not otherwise licensed
in this state as an operator or instructor pursuant to the Oklahoma
Cosmetology and Barbering Act and who demonstrates any cosmetic
preparation. The person shall be required to obtain a Demonstrator
license and pass a state written exam relating to general safety and
sanitation from the Board before making any such demonstrations;
13. "Facial/Esthetics instructor " means a person licensed by
the Board as a qualified teacher of the art and science of facial
and esthetics theory and practice;
14. "Facialist/Esthetician " means any person who gives facials
for compensation;
15. 14. "Hairbraiding technician " means a person certified by
the Board to perform hairbraiding , hairweaving hair-weaving
techniques, and hair extensions in a licensed cosmetology
establishment;
16. 15. "Hybrid learning" means courses that combine face -to-
face classroom instruction with on -line, computer-based learning;
17. 16. "Manicurist/Nail technician " means a person who gives
manicures, gives pedicures, or applies artificial nails;
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18. "Manicurist/Nail technicia n instructor" means a person
licensed by the Board as a qualified teacher of the art and science
of nail technology theory and practice;
19. 17. "Master barber instructor" means a person who gives
instruction in barbering or any practices thereof licensed by the
Board as a qualified teacher of the art and science of one of the
following disciplines: cosmetolo gy, barbering, facial and esthetics
or nail technology theory and practice ;
20. "Master cosmetology instructor " means a person who gives
instruction in cosmetology or any practices thereof;
21. 18. "Postsecondary institution" means a school licensed to
teach students according to prescribed curriculum as in paragraph 1
of subsection G of Section 199.7 of this title and in Board rule
175:10-3-34(a);
22. 19. "Public school" means any state-supported institution
conducting a cosmetology program;
23. 20. "Salon suites" are "mini-salons" in a large commercial
space. These are independent rooms with a lockable door which
allows for an independent salon/sh op/establishment business address.
Salon suites require an establishment license issued by the Oklahoma
State Board of Cosmetology and Barbering for each individually
operated room;
21. "Secondary institution " means a school licensed to teach
students eligible for credit of five hundred (500) hours of related
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subjects as prescribed in paragraph 2 of subsection G of Section
199.7 of this title and in Board rule 175:10 -3-34(b); and
24. 22. "Student" means a person who is enrolled in and
attending a cosmetology or barbering school for the purpose of
learning the practice of cosmetology or barbering.
SECTION 2. AMENDATORY 59 O.S. 2011, Section 199.3, as
last amended by Section 2, Chapter 62, O.S.L. 2018 (59 O.S. Supp.
2020, Section 199.3), is amended to read as follows:
Section 199.3 A. In order to safeguard and protect the health
and general welfare of the people of the State of Oklahoma, the
State Board of Cosmetology and Barbering is hereby vested with the
powers and duties necessa ry and proper to enable it to fully and
effectively carry out the provisions of the Oklahoma Cosmetology and
Barbering Act.
B. The Board shall have the powers and duties to:
1. Promulgate rules pursuant to the Administrative Procedures
Act relating to standards of sanitation which must be observed and
practiced by all cosmetology and barber establishments, cosmetology
or and barber schools, master cosmetology instructors, master barber
instructors, barbers, apprentices, students , and board licensees
persons licensed or certified by the Board . The Board shall furnish
copies of the rules to the owner or manager of each cosmetology
school, barber school and cosmetology and barber establishment
operating in this state. It shall be the duty of each owner or
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manager to post a copy of the rules in a conspicuous place in each
of the establishments or schools;
2. Conduct examinations of applicants for certificates of
registration licensure or certification as manicurists
manicurist/nail technicians , cosmetologists, facial operators
facial/estheticians, hairbraiding technician technicians,
manicurist/nail technician instructor, facial/esthetics instructor,
master cosmetology instructor, cosmetician cosmetician/stylists ,
barber, barbers or barber instructor master instructors at such
times and places determined by the Board. Applications for all
examinations shall be made on forms approved by the Board;
3. Keep a record of all its proceedings. The Board shall keep
a record of all applicants for certificates, licen ses and permits,
showing the name of the applicant, the name and location of the
place of occupation or business, if any, and the residence address
of the applicant, and whether the applicant was granted or refused a
certificate, license or permit. The re cords of the Board shall be
valid and sufficient evidence of matters contained therein , and
shall constitute public records. Records shall be open to public
inspection at all reasonable times and subject to the Oklahoma Open
Records Act. Notwithstanding any other provision of law to the
contrary, records and information obtained in connection with an
investigation of alleged violations, including complaints, identity
of a complainant, investigative reports, and documentation or images
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generated or receive d during the course of an investigation, shall
be confidential and shall not be subject to disclosure . However,
the Board may provide such information to law enforcement and other
public agencies as necessary and appropriate for the discharge of
that agency's duties;
4. Issue all certificates of registration, licenses, permits,
notices and orders;
5. Establish and conduct examinations for limited specialty
licenses for cosmetician, facial/esthetics instructor,
manicurist/nail technician instructor, maste r barber instructor, or
master cosmetology instructor and certificates within the practice
of cosmetology or barbering. The Board shall also promulgate rules
for special said specialty licenses and certificates, including but
not limited to reduced curric ulum requirements, as the Board may
deem appropriate and necessary to further the purposes of the
Oklahoma Cosmetology and Barbering Act;
6. Make regular inspections of all cosmetology and barber
barbering schools and cosmetology and barber barbering
establishments licensed to operate in this state, and reports
thereof shall be kept and maintained in the office of the Board;
7. Make investigations and reports on all violations of the
Oklahoma Cosmetology and Barbering Act;
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8. Take samples of beauty suppl ies for the purpose of chemical
analysis; provided, that if the owner demands payment for the sample
taken, payment at the regular retail price shall be made;
9. Refuse, revoke, Revoke or suspend licenses, certificates of
registration or permits after not ice and an opportunity for a full
hearing, pursuant to Article II of the Administrative Procedures
Act, on proof of violation of any of these provisions of the
Oklahoma Cosmetology and Barbering Act or the rules established by
the Board;
10. Enter into any contracts necessary to implement or enforce
the provisions of the Oklahoma Cosmetology and Barbering Act or
rules promulgated thereto; and
11. Apply to a court of competent jurisdiction for an order
enjoining an unlicensed a person not licensed or certi fied by the
Board from practicing cosmetology or barbering or holding himself or
herself out as a practitioner of cosmetology or barbering.
Injunctive relief granted by the court shall be without bond.
C. 1. Any person whose license, certificate of registration,
or permit has been suspended or revoked may, after the expiration of
thirty (30) days, make application to the Board for reinstatement
thereof.
2. Reinstatement of any such license, certificate of
registration, or permit shall rest in the sound discretion of the
Board.
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3. Any action of the Board in refusing, revoking, or suspending
a license, certificate of registration, or permit may be appealed to
the district court of the county of the appellant 's residence
pursuant to the Administrati ve Procedures Act.
D. 1. In any case where a licensee person licensed or
certified by the Board becomes a member of the Armed Forces of the
United States, such license or certificate shall not lapse by reason
thereof but shall be considered and held in full force and effect
without further payment of license or certificate fees during the
period of service in the Armed Forces of the United States and for
six (6) months after honorable release therefrom. At any time
within six (6) months after honorable release from the Armed Forces
of the United States the licensee person may resume practice
pursuant to a license or certificate without other or further
examination by notifying the Board in writing.
2. The period of time in which the licensee person licensed or
certified by the Board shall have been a member of the Armed Forces
of the United States shall not be computed in arriving at the amount
of fee or fees due or to become due by such licensee person.
SECTION 3. AMENDATORY 59 O.S. 2011 , Section 199.4, as
amended by Section 88, Chapter 229, O.S.L. 2013 (59 O.S. Supp. 2020,
Section 199.4), is amended to read as follows:
Section 199.4 The State Board of Cosmetology and Barbering
shall employ an executive director who shall be in charge of the
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office of the Board. The executive director shall have such
qualifications as shall be established by rules of the Board;
provided, the executive director shall not be actively engaged in
the practice of cosmetology or barbering while serving as exec utive
director. The executive director shall:
1. Devote his or her entire time to the duties of the office;
2. Receive salary and benefits as provided by law;
3. Keep and preserve all books and records pertaining to the
Board;
4. Have authority, in th e name of and in behalf of the Board,
to issue all licenses, certificates of registration, permits,
registrations, orders, and notices;
5. Have authority to collect all fees and penalties provided
for by the Oklahoma Cosmetology and Barbering Act;
6. Make quarterly reports to the Board of all monies collected
and the sources from which derived;
7. Have authority to approve payrolls and all claims for the
Board;
8. Have authority to employ staff;
9. Keep a continuous inventory of all properties, excludi ng
supplies, belonging to the Board; and
10. Perform such other duties as may be directed by the Board.
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SECTION 4. AMENDATORY 59 O.S. 2011, Section 199.6, as
last amended by Section 4, Chapter 260, O.S.L. 2014 (59 O.S. Supp.
2020, Section 199.6), is amended to read as follows:
Section 199.6 A. The State Board of Cosmetology and Barbering
is hereby authorized to promulgate rules for governing the
examination and licensure or certification of cosmetologists,
manicurists, nail techni cians manicurist/nail technicians ,
estheticians facial/estheticians, cosmeticians cosmetician/stylists ,
hair braiding technicians, master cosmetology instructors,
manicurist instructors, esthetics instructors, barbers, and master
barber instructors. The Board is hereby authorized to promulgate
rules to govern the sanitary operation of cosmetology and barbering
establishments and to administer fines not to exceed Fifty Dollars
($50.00) for those licensed and not to exceed Five Hundred Dollars
($500.00) for those not licensed. Each day a violation continues
shall be construed as a separate offense.
B. The State Board of Cosmetology and Barbering shall have the
power and duty to implement rules of the Board, to issue and renew
licenses and certificates, to inspect cosmetology and barbering
establishments and schools, and to inspect the sanitary operating
practices of cosmetology and barbering licensees, including sanitary
conditions of cosmetology and barbering establishments and schools.
C. It shall be unla wful and constitute a misdemeanor,
punishable upon conviction by a fine of not less than Fifty Dollars
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($50.00), nor more than One Hundred Fifty Dollars ($150.00), or by
imprisonment in the county jail for not more than thirty (30) days,
or both such fine and imprisonment, for any person, firm , or
corporation in this state to:
1. Operate or attempt to operate a cosmetology school/college,
cosmetology or barber establishment, cosmetology or barber school or
college that offers cosmetology, barbering or both without having
obtained a license therefor from the State Board of Cosmetology and
Barbering;
2. Give or attempt to give instruction in cosmetology or
barbering, without having obtained an instructor 's license from the
State Board of Cosmetology and Barb ering;
3. Practice or offer to practice barbering, cosmetology or
manicuring without having obtained a license therefor from the
Board;
4. Operate a cosmetic studio without having obtained a license
therefor from the Board;
5. Demonstrate a cosmetic pre paration without having obtained a
demonstrator's license from the Board;
6. Permit any person in one 's employ, supervision , or control
to practice cosmetology or barbering unless that person has obtained
an appropriate license or certificate from the Board;
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7. Willfully violate any rule promulgated by the Board for the
sanitary management and operation of a cosmetology or barber
establishment, cosmetology school or barber college; or
8. Violate any of the provisions of the Oklahoma Cosmetology
and Barbering Act.
D. The State Board of Cosmetology and Barbering shall have the
authority to levy administrative fines not to exceed Five Hundred
Dollars ($500.00) for persons practicing cosmetology or barbering
without a license or certificate, and for owners of licensed
establishments who allow unlicensed individuals persons who are not
licensed or certified by the Board to practice cosmetology or
barbering without a license in their establishment , and for persons
who violate any provision of the Oklahoma Cosme tology and Barbering
Act or rules of the Board . Each day a violation continues shall be
a separate offense. The administrative fine shall not exceed a
total of Five Hundred Dollars ($500.00) .
E. No person shall place a barber pole in a location, or use a
barber pole in its advertising or signage, that would create or tend
to create the impression to the public that the business offers
barbering services unless the business is licensed as a barbering
establishment or is licensed as a cosmetology establish ment that
employs licensed barbers . For the purpose of this subsection,
"barber pole" means a pole or cylinder with alternating stripes of
any combination including but not limited to red and white, or red,
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white and blue, or any object of a similar natur e, regardless of its
actual shape or coloring .
F. The provisions of the Oklahoma Cosmetology and Barbering Act
shall not apply to the following persons while such persons are
engaged in the proper discharge of their professional duties :
1. Funeral directors;
2. Persons in the Armed Services;
3. Persons authorized to practice the healing arts or nursing;
or
4. Regularly employed sales people working in retail
establishments engaged in the business of selling cosmetics in
sealed packages.
SECTION 5. AMENDATORY 59 O.S. 2011, Section 199.7, as
last amended by Section 5, Chapter 260, O.S.L. 2014 (59 O.S. Supp.
2020, Section 199.7), is amended to read as follows:
Section 199.7 A. Each cosmetology and barber school shall be
licensed annually by the State Board of Cosmetology and Barbering.
Application for the first year 's license for a cosmetology and
barber school shall be accompanied by a fee of Four Hundred Dollars
($400.00), which shall be retained by the Board if the application
is approved and a license is issued. The annual renewal license fee
for cosmetology or barber schools shall be One Hundred Twenty -five
Dollars ($125.00).
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B. 1. No license or renewal thereof for a cosmetology or
barber school shall be issued unless the o wner thereof furnishes to
the Board a good and sufficient surety bond in the principal sum of
Two Thousand Dollars ($2,000.00) for the first instructor and an
additional One Thousand Dollars ($1,000.00) for each additional
instructor, executed by a surety company authorized to do business
in this state, and conditioned on the faithful performance of the
terms and conditions of all contracts entered into between the owner
of the cosmetology or barber school and all persons enrolling
therein.
2. The surety bond shall be in a form approved by the Attorney
General and filed in the Office of the Secretary of State. Suit may
be brought on the bond by any person injured by reason of the breach
of the conditions thereof.
C. It shall be the duty of the owner or ma nager of a
cosmetology or barber school to enter into a written contract with
all students before permitting students to attend any classes.
Contracts shall be made out in triplicate, the original copy to be
retained by the school, the duplicate to be giv en to the student,
and the triplicate to be filed with the executive director of the
Board.
D. A school licensed or applying for licensure shall maintain
recognition as an institution of postsecondary study by meeting the
following conditions:
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1. The school shall admit as a regular student only an
individual who has earned a recognized high school diploma, or who
is beyond the age of compulsory high school attendance;
2. The school shall be licensed by name, or in the case of an
applicant, shall apply fo r licensure by name, to offer one or more
training programs beyond the secondary level.
E. No license for a cosmetology or barber school shall be
issued unless the owner thereof presents evidence satisfactory to
the Board that the school has satisfactory facilities and equipment
and has instructors qualified to give a course of study as provided
in the Oklahoma Cosmetology and Barbering Act.
F. There shall be included in the curriculum for cosmetology
and barber schools, courses of study in the theory of cosmetology
and barbering related theory, studies in manipulative practices,
sterilization and sanitation, shop management, and such other
related subjects as may be approved by the Board.
G. 1. The Board shall adopt a curriculum of required courses
of instruction in theory and training of either one thousand five
hundred (1,500) clock hours or an equivalent number of credit hours
as recognized by the United States Department of Education or a
regional or national accreditation entity recognized by the Un ited
States Department of Education in a basic course to be taught in all
cosmetology or barbering schools in the state. The basic
cosmetology or barbering course shall be designed to qualify
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students completing the course to take the examination for a
license.
2. Cosmetology and barber students in vocational, trade, and
industrial cosmetology and barbering classes in public schools,
parochial, private schools or home schools shall qualify by
completing one thousand (1,000) hours in a basic course of
cosmetology or barbering and five hundred (500) hours of approved
related subjects to be selected from, but not limited to, the
following high school courses in a public school, parochial, private
or home school: psychology, biology, general science, American
history, art, typing I, typing II, business arithmetic,
salesmanship, bookkeeping I, bookkeeping II, related mathematics,
English II, English III and English IV.
H. 1. No person shall be eligible to give instruction in
cosmetology or barbering unless the person is the holder of a
current unrevoked instructor 's license issued by the Board.
2. Each cosmetology or barber school shall employ at least one
instructor for the first fifteen students registered therein, and at
least one additional instructor shal l be employed for each
additional group of fifteen students, or major fraction thereof.
3. Students utilizing hybrid learning programs are included in
the total student number as referenced in the ratio in paragraph 2
of subsection G of this section.
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I. A cosmetology or barbering school may be operated in and as
part of an accredited high school.
J. No cosmetology or barber school owner or an establishment
owner shall charge students or apprentices for cosmetic materials,
supplies, apparatus, or machines used by them in practice work. A
reasonable charge may be made by a cosmetology or barber school for
clinical work performed by students upon persons who are not
students therein. No instructor shall be permitted to do
professional or clinical work in a cosmetology or barber school at
any time.
K. No cosmetology or barber establishment shall ever be
operated in or as a part of a cosmetology school.
L. 1. Students shall:
a. have an eighth-grade education or the equivalent
thereof, and
b. be at least sixteen (16) years of age unless they are
public or private school students who will be sixteen
(16) years of age by November 1 of the year in which
cosmetology or barbering instruction begins.
2. Credit shall not be given to any person by the Board or by a
cosmetology or barber school for hours spent in attending a
cosmetology or barber school unless the person has registered with
the Board as a student prior to the attendance, except that a
student who has attended a cosmetology or barber school out of sta te
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may receive credit for such attendance for transfer upon proper
certification as provided by rule of the Board.
3. No student shall be credited with more than eight (8) hours '
attendance in a cosmetology or barber school in any one (1) day.
4. No person shall be eligible to take the Board -issued
examination for a license unless such person is at least seventeen
(17) years of age or a high school graduate.
M. 1. No student shall be eligible to take the examination for
a Board-issued license without fu rnishing to the Board the affidavit
of the owner of the cosmetology or barber school that the student
has satisfactorily completed the requirements specified in paragraph
1 of subsection F G of this section, except public and private
school students who wi ll complete the requirements specified in
paragraph 2 of subsection F G of this section by the close of the
current school year may take the examination next preceding the end
of the school year.
2. Students who are eligible to take the examination shall be
given an oral examination if requested by their instructor and proof
of qualifying disability is proven.
N. No person shall be eligible to register for the examination
for an instructor's license unless such person is a high school
graduate, or has obt ained a General Equivalency Diploma (GED) as to
which the applicant shall qualify by tests to be prescribed by the
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Board and conducted by qualified examiners selected by the Board,
and has:
1. Satisfactorily completed all hours required for the
appropriate specialty course and an additional one thousand (1,000)
instructor training hours or equivalent number of credit hours as
recognized by the United States Department of Education or as
recognized by a regional or national accreditation entity prescribed
by the Board recognized by the United States Department of Education
in a cosmetology school in this state; or
2. Completed all hours required for the appropriate specialty
course, three hundred (300) instructor training hours, prescribed by
the Board in a cosmetology school in this state and has been engaged
in the practice of cosmetology for at least the preceding two (2)
years.
O. The Board shall have the power to conduct examinations
around the state at public locations including, but not limited to,
technology center schools.
P. Each cosmetology or barber school shall prominently display
in a conspicuous place above or to the side of the entrance thereto
a sign identifying it as an institute of learning. Wording on sign
shall be in plain letters at l east three (3) inches high and at
least one (1) inch wide.
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SECTION 6. AMENDATORY 59 O.S. 2011, Section 199.8, as
last amended by Section 6, Chapter 260, O.S.L. 2014 (59 O.S. Supp.
2020, Section 199.8), is amended to read as follows:
Section 199.8 A. Each person training as an apprentice shall
be required to have the same qualifications as a student for
admission into a cosmetology or barber school, and shall be
registered with the State Board of Cosmetology and Barbering before
commencing the training.
B. No apprentice shall engage in any of the practices of
cosmetology or barbering except under the immediate supervision of a
licensed instructor in a cosmetology or barber establishment
approved by the Board for apprentice training.
C. All apprentices must wear a badge which designates them as
an apprentice and is furnished by the Board with the apprentice
registration receipt.
D. Only one apprentice two apprentices may be registered to
receive training in any a cosmetology or barber establishment at any
one time.
E. Completion of three thousand (3,000) hours of apprentice
training in a cosmetology or barber barbering establishment is the
equivalent of one thousand five hundred (1,500) hours' training in a
cosmetology or barber sch ool and shall entitle the apprentice to
take the examination.
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SECTION 7. AMENDATORY 59 O.S. 2011, Section 199.9, as
last amended by Section 7, Chapter 260, O.S.L. 2014 (59 O.S. Supp.
2020, Section 199.9), is amended to read as follo ws:
Section 199.9 A. The State Board of Cosmetology and Barbering
shall not issue a license for a cosmetology or barber establishment
until an inspection has been made of the salon establishment and
equipment, including the sanitary facilities thereof. Temporary
approval pending inspection may be made upon sworn affidavit by the
license applicant that all requirements have been met. No license
shall be issued for a cosmetology or barber establishment to be
operated in a private home or residence unless the salon
establishment is located in a room or rooms not used or occupied for
residential purposes.
B. 1. Except as otherwise provided in the Oklahoma Cosmetology
and Barbering Act, it shall be unlawful for any person to practice
cosmetology or barberin g in any place other than a licensed
establishment or school licensed by the Board.
2. In an emergency such as illness, invalidism , or death, a
practitioner licensed operator or certified by the Board may perform
cosmetology or barbering services for a pe rson by appointment in a
place other than a licensed cosmetology or barber establishment or
cosmetology or barber school.
C. A person licensed as a cosmetologist may perform cosmetology
services in a barber establishment. A person licensed as a barber
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may perform barbering services in a cosmetology establishment. Any
salon establishment which provides both cosmetology and barbering
services must obtain a license from the Board.
SECTION 8. AMENDATORY 59 O.S. 2011, Section 199.10, a s
last amended by Section 1, Chapter 265, O.S.L. 2016 (59 O.S. Supp.
2020, Section 199.10), is amended to read as follows:
Section 199.10 A. All licenses and certificates issued under
the provisions of the Oklahoma Cosmetology and Barbering Act shall
be issued for a period of one (1) year. The expiration date of the
license shall be the last day of the month in which the applicant 's
birthday falls. The public display of a licensee 's personal
residential address on the face of any license issued pursuant to
the provisions of the Oklahoma Cosmetology and Barbering Act shall
be prohibited on and after July 1, 2016, and such personal address
information, if publically displayed on a valid license, may be
redacted by the licensee until the license is renewed and no longer
bears his or her personal residential address.
B. Applications for renewal must be made on or before the last
day of the month in which the applicant 's birthday falls, and shall
be accompanied by the appropriate fees.
C. Any person who fail s to renew the license or certificate
within the required time may make application for renewal at any
time within five (5) years from the expiration date of the license
or certificate by paying the regular renewal license fee and a late
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fee of Ten Dollars ($10.00), which becomes due two (2) months after
the expiration date.
D. Any person who fails to renew within the required time may
make application with subsequent five (5) years shall not be
eligible for licensure or certification until the person subm its
payment for all cumulative renewal and penalty fees and successfully
passes the Board's safety and sanitation exam .
E. Before a person may take an examination to renew an expired
license after a period of five (5) years, such person shall register
in a cosmetology or barber school for the given number of review
hours in accordance with the following timetable and schedule based
upon the type of license held.
Expired Five Review
License Type Years or More Hours Required
Basic Cosmetologist 250 hours
Barber 250 hours
Master Cosmetology
Instructor 100 hours
Master Barber
Instructor 100 hours
Facial/Esthetics
Instructor 100 hours
Manicurist/Nail
Technician
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Instructor 100 hours
Manicurist 100 hours
Facial Operator 100 hours
Cosmetician 100 hours
Hairbraiding
Technician 100 hours
F. Each person holding a license shall notify the Board of any
change in the mailing address of such person within thirty (30) days
after any change.
SECTION 9. AMENDATORY 59 O.S. 2011, Section 199. 11, as
last amended by Section 9, Chapter 363, O.S.L. 2019 (59 O.S. Supp.
2020, Section 199.11), is amended to read as follows:
Section 199.11 A. The State Board of Cosmetology and Barbering
is hereby authorized to deny, revoke, suspend , or refuse to renew
any license, certificate , or registration that it is authorized to
issue under the Oklahoma Cosmetology and Barbering Act for any of
the following causes:
1. Conviction of a felony crime that substantially relates to
the practice of cosmetology and poses a reasonable threat to public
safety;
2. Gross malpractice or gross incompetence;
3. Fraud practiced in obtaining a license , certificate or
registration;
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4. A license or certificate holder 's continuing to practice
while afflicted with an infectious, contagious, or communicable
disease;
5. Habitual drunkenness or addiction to use of habit -forming
drugs;
6. Advertising by means of statements known to be false or
deceptive;
7. Continued or flagrant violation of any rules of the Board,
or continued practice by a Board licensee licensed or certified
person in a cosmetology or barber establishment wherein violations
of the rules of the Board are being committed within the knowledge
of the licensee licensed or certified person ;
8. Failure to display licen se or certificate as required by the
Oklahoma Cosmetology and Barbering Act;
9. Continued practice of cosmetology or barbering after
expiration of a license or certificate therefor;
10. Employment by a salon or barber establishment owner or
manager of any person to perform any of the practices of cosmetology
or barbering who is not duly licensed or certified to perform the
services;
11. Practicing cosmetology or barbering in an unprofessional
manner;
12. Unsanitary operating practices or unsanitary cond itions of
a school or establishment; or
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13. Unsanitary operating practices of a licensee practitioner
licensed or certified by the Board .
B. As used in this section:
1. "Substantially relates " means the nature of criminal conduct
for which the person wa s convicted has a direct bearing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. "Poses a reasonable threat " means the nature of criminal
conduct for which the person was con victed involved an act or threat
of harm against another and has a bearing on the fitness or ability
to serve the public or work with others in the occupation.
SECTION 10. AMENDATORY 59 O.S. 2011, Section 199.14, as
last amended by Section 4, Chapter 62, O.S.L. 2018 (59 O.S. Supp.
2020, Section 199.14), is amended to read as follows:
Section 199.14 A. The following fees shall be charged by the
State Board of Cosmetology and Barbering:
Registration as a student Student registration ...... $ 5.00
Apprentice registration ................................ 10.00
Examination for license or certificate................ 35.00
Cosmetology and Barber school license (initial) .......400.00
Cosmetology and Barber school license (renewal) .......125.00
Apprentice Registration ................................ 10.00
Renewal Advanced Operator lice nse (annual).............25.00
Facial Operator license (annual) ....................... 25.00
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Cosmetology license (annual )........................... 25.00
Barber license (annual) ................................ 25.00
Manicurist license (annual) ............................ 25.00
Facial/Esthetics Instructor license (annual) ...........30.00
Cosmetician license (annual) ........................... 25.00
Manicurist/Nail Technician Instructor license (annual) .30.00
School license (initial) .............................. 400.00
School license (renewal) .............................. 125.00
Annual license or certificate renewal..................25.00
Annual master instructor license r enewal...............50.00
Establishment license (initial) ........................ 50.00
Establishment license (renewal)........................ 30.00
Demonstrator license (annual) .......................... 20.00
Master Cosmetology Instructor license (annual) ........50.00
Master Barber Instructor license (annual) ..............50.00
Cosmetology establishment license (initial) ............45.00
Cosmetology establishment license (renewal) ............30.00
Barber establishment license (initial) .................45.00
Barber establishment license (renewal) .................30.00
Cosmetic Studio license (initial) ...................... 50.00
Cosmetic Studio license (renewal) ..................... 30.00
Nail Salon (initial) ................................ ..45.00
Nail Salon (renewal) ................................ ..30.00
Reciprocity license (ini tial).......................... 30.00
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Reciprocity processing fee ............................. 30.00
Duplicate license (in case of loss or
destruction of original) .............................. 5.00
Notary fee................................ ..............1.00
7.00
Certification of Records ............................... 10.00
Duplicate license (in case of loss or destruction
of original)................................ ..........5.00
B. In addition to the fees specified in subsection A of this
section, the Board shall charge a total penalty of Ten Dollars
($10.00), as provided for in Section 199.10 of this title.
C. Any person licensed as an advanced operator prior to July 1,
1985, may renew the advanced cosmetologist that license annually by
payment of the fee required by this section and by being in
compliance with the rules promulgated by the State Board of
Cosmetology and Barbering.
SECTION 11. This act shall become effective Novembe r 1, 2021.
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Passed the House of Representatives the 8th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate