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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3195 By: Williams
AS INTRODUCED
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section 199.6, which relates
to the Oklahoma Cosmetology and Bar bering Act; adding
exemption; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 199.6, is
amended to read as fol lows:
Section 199.6 A. The State Board of Cosmetology and Barbering
is hereby authorized to promulgate rules for governing the
examination and licensure of cosmetologists, manicurists, nail
technicians, estheti cians, cosmeticians, hair braiding technicians,
master cosmetology ins tructors, manicurist instructo rs, esthetics
instructors, barbers, and master barber instructors. The Board is
hereby authorized to promulgate rules to govern the sanitary
operation of cosmetology and barbering establish ments 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
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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 impleme nt rules of the Board, to issue and renew
licenses, to inspect cosmetology and barbering establishments and
schools, and to inspect the sanitary operating p ractices of
cosmetology and barber ing licensees, including sanitary co nditions
of cosmetology and ba rbering establishments and schools.
C. It shall be unlawful and constitute a misdemeanor,
punishable upon conviction by a fine of not less than Fifty Dolla rs
($50.00), nor more than One Hun dred Fifty Dollars ($150.00), or by
imprisonment in the county jai l 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 o perate a cosmetology school/college,
cosmetology or barber establishme nt, cosmetology or barber scho ol 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 instructo r's license from the
Board;
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3. Practice or offer to practice barbering, cosmetology or
manicuring without having obtained a license therefor from the
Board;
4. Operate a cosmetic studio wi thout having obtained a license
therefor from the Board;
5. Demonstrate a cosmetic preparation without having obtained a
demonstrator's license from the Board;
6. Permit any person in one 's employ, supervision, or contro l
to practice cosmetology or barbe ring unless that person has obtained
an appropriate license from t he Board;
7. Willfully violate any rule promulgated by the Board for the
sanitary management and operation of a cosmetology or barber
establishment, cosmet ology school or barber college; or
8. Violate any of the provisions o f 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 cos metology or barbering
without a license, and for owners of license d establishments who
allow unlicensed individuals to practice cosmetology or barbering
without a license in their establishment. Each day a violation
continues shall be a separate offense. The administrative fine
shall not exceed a total of Five Hundred Dollars ($500.00).
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E. 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 p rofessional duties:
1. Funeral directors;
2. Persons in the Arme d 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 cosmeti cs in
sealed packages; or
5. Persons employed to render cosmetolo gy or hairstyling
services in the course of and inc idental to the business or
employers engaged in the theatrical, radio, television , or motion
picture production industries, modeling , or photography.
SECTION 2. This act shall become effec tive November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE, dated
02/16/2022 - DO PASS.