An Act ENROLLED HOUSE BILL NO. 3195 By: Williams of the House and Jett of the Senate 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 . SUBJECT: Professions and occupations 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 instructors, 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 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 ENR. H. B. NO. 3195 Page 2 cosmetology and barber ing licensees, including sanita ry conditions 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 establishment, 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; 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 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 cos metology or barbering without a license, and for owners of license d establishments who ENR. H. B. NO. 3195 Page 3 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). 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. ENR. H. B. NO. 3195 Page 4 Passed the House of Representatives the 24th day of March, 2022. Presiding Officer of the House of Representatives Passed the Senate the 20th day of April, 2022. Presiding Officer of the Senate OFFICE OF THE GOVERNOR Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M. By: _________________________________ Approved by the Governor of the State of Oklahoma this _____ ____ day of ___________________, 20_______, at _______ o'clock _______ M. _________________________________ Governor of the State of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of S tate this __________ day of ___________________, 20_______, at _______ o'clock _______ M. By: _________________________________