South Dakota 2025 Regular Session

South Dakota House Bill HB1231 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25.589.25 100th Legislative Session 1231
2	2
3	3
4	4	2025 South Dakota Legislature
5	5	House Bill 1231
6	6
7	7
8	8
9	9
10	10
11	11
12	12	Introduced by: Representative Schwans
13	13
14	14	Underscores indicate new language.
15	15	Overstrikes indicate deleted language.
16	16	An Act to repeal the board of barber examiners and cosmetology commission, and 1
17	17	to create the cosmetology and barbering board, to provide a penalty, and to 2
18	18	make an appropriation therefor. 3
19	19	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4
20	20	Section 1. That § 1-37-12 be AMENDED: 5
21	21	1-37-12. The Board of Barber Examiners , created by chapter 36-14, and its 6
22	22	functions in the former Department of Commerce and Regulation are were transferred to 7
23	23	the Department of Labor and Regulation. The secretary of the Department of Labor and 8
24	24	Regulation shall perform the functions of the former secretary of the Department of 9
25	25	Commerce and Regulation, relating to the Board of Barber Examiners The Board of Barber 10
26	26	Examiners was consolidated with the Cosmetology Commission to form the Cosmetology 11
27	27	and Barbering Board, effective July 1, 2025. 12
28	28	Section 2. That § 1-37-13 be AMENDED: 13
29	29	1-37-13. The Cosmetology Commission , created by chapter 36-15, and its 14
30	30	functions in the former Department of Commerce and Regulation are were transferred to 15
31	31	the Department of Labor and Regulation. The commission was consolidated with the Board 16
32	32	of Barber Examiners to form the Cosmetology and Barbering Board, effective July 1, 2025. 17
33	33	The secretary of the Department of Labor and Regulation shall perform the functions of 18
34	34	the former secretary of the Department of Commerce and Regulation, functions relating 19
35	35	to the Cosmetology Commission Cosmetology and Barbering Board. 20
36	36	Section 3. That § 36-35-25 be AMENDED: 21
37	37	36-35-25. The provisions of this chapter do not apply to any person performing 22
38	38	massage for compensation if the massage is done under one of the following 23
39	39	circumstances: 24 25.589.25 2 1231
40	40	Underscores indicate new language.
41	41	Overstrikes indicate deleted language.
42	42	(1) As part of a licensed practice as a physician, physician assistant, chiropractor, 1
43	43	nurse, physical therapist, athletic trainer, or other health care profession licensed 2
44	44	or certified under title 36; 3
45	45	(2) As part of a licensed practice pursuant to chapter 36-14 or 36-15 sections 4 to 68, 4
46	46	inclusive, of this Act, if the licensee is performing within the scope of the licensed 5
47	47	practice and the licensee does not hold himself or herself out to be a massage 6
48	48	therapist or to be engaged in the practice of massage therapy; 7
49	49	(3) In furtherance of duties as an employee of the United States; 8
50	50	(4) As part of a course of study with a facility or instructor recognized and approved 9
51	51	by the board to provide training in massage or the provision of such instruction; 10
52	52	(5) As part of providing a course of instruction or continuing education by a licensed 11
53	53	massage therapist from another state or provider preapproved by the board, in the 12
54	54	practice of massage therapy on a temporary basis not in excess of ten days per 13
55	55	calendar year; or 14
56	56	(6) Manipulation of the soft tissues of the human body is restricted to the hands, feet, 15
57	57	or ears and the person does not hold himself or herself out to be a massage 16
58	58	therapist or to be engaged in the practice of massage therapy. 17
59	59	Section 4. That a NEW SECTION be added to a NEW CHAPTER in title 36: 18
60	60	Terms used in this Act mean: 19
61	61	(1) "Apprentice," an individual who participates in an apprenticeship and possesses an 20
62	62	apprentice license in accordance with this chapter; 21
63	63	(2) "Apprentice salon," a salon that is licensed to provide training for apprentices in 22
64	64	accordance with this chapter; 23
65	65	(3) "Barber," an individual who is engaged in the practice of barbering and is licensed 24
66	66	in accordance with this chapter; 25
67	67	(4) "Barbering," any one or a combination of the following practices, when performed 26
68	68	on the upper part of the human body for cosmetic purposes: 27
69	69	(a) Applying antiseptics, clays, cosmetics, creams, hair tonics, lotions, oils, or 28
70	70	powders; 29
71	71	(b) Cutting hair; 30
72	72	(c) Dyeing, shampooing, or singeing hair; 31
73	73	(d) Performing facial and scalp massages; and 32
74	74	(e) Shaving or trimming a beard; 33 25.589.25 3 1231
75	75	Underscores indicate new language.
76	76	Overstrikes indicate deleted language.
77	77	(5) "Barber school," any place, premise, or building that is approved by the board to 1
78	78	provide education in the practice of barbering; 2
79	79	(6) "Barber shop," any place, premise, building, or any part of a building that is 3
80	80	operated for the purpose of engaging in the practice of barbering and licensed in 4
81	81	accordance with this chapter; 5
82	82	(7) "Board," the Cosmetology and Barbering Board; 6
83	83	(8) "Booth," any area that is within a salon and rented or leased for the purpose of 7
84	84	providing cosmetology services as an independent salon; 8
85	85	(9) "Cosmetologist," an individual who is engaged in the practice of cosmetology and 9
86	86	licensed in accordance with this chapter; 10
87	87	(10) "Cosmetology," any one or a combination of the following practices with hands, 11
88	88	chemicals, or any apparatus, when performed for beautification or cosmetic 12
89	89	purposes: 13
90	90	(a) Care of an individual's hair, hairpiece, scalp, or wig by arranging, bleaching, 14
91	91	braiding, cleansing, coloring, curling, cutting, dressing, extending, fitting, 15
92	92	fusing, massaging, permanent waving, relaxing, setting, shampooing, 16
93	93	singeing, straightening, styling, twisting, waving, weaving, wrapping, or 17
94	94	similar work; 18
95	95	(b) Esthetics; or 19
96	96	(c) Nail technology; 20
97	97	(11) "Cosmetology school," any place, premise, or building, which is licensed by the 21
98	98	board to provide education to students in the practice of cosmetology; 22
99	99	(12) "Esthetician," an individual who: 23
100	100	(a) Is engaged in the practice of esthetics and licensed by the board in 24
101	101	accordance with this chapter; and 25
102	102	(b) Does not engage in other practices of cosmetology; 26
103	103	(13) "Esthetics," any one or a combination of the following practices when performed 27
104	104	for cosmetic purposes: 28
105	105	(a) Beautifying, cleansing, exfoliating, massaging, or stimulating skin through 29
106	106	the use of antiseptics, body treatments, body wraps, clays, cosmetic 30
107	107	preparations, creams, facial treatments, lotions, make-up, masks, oils, 31
108	108	scrubs, waxes, or other noninvasive means that are confined to the 32
109	109	nonliving cells of the stratum corneum of the epidermis; 33
110	110	(b) The grooming of eyebrows or eyelashes, including arching and tinting; and 34 25.589.25 4 1231
111	111	Underscores indicate new language.
112	112	Overstrikes indicate deleted language.
113	113	(c) The removal of superfluous hair by nonpermanent means, including 1
114	114	tweezing and waxing; 2
115	115	(14) "Esthetics school," any place, premise, or building that is licensed by the board to 3
116	116	provide education to students in the practice of esthetics; 4
117	117	(15) "Instructor," an individual who: 5
118	118	(a) Teaches the practice of cosmetology, esthetics, or nail technology, at a 6
119	119	licensed school or an apprentice salon; and 7
120	120	(b) Is licensed in accordance with this chapter; 8
121	121	(16) "Mobile barber shop," a self-contained unit in which barbering is conducted and 9
122	122	which may be moved, towed, or transported from one location to another; 10
123	123	(17) "Nail technician," an individual who; 11
124	124	(a) Is engaged in the practice of nail technology and licensed by the board in 12
125	125	accordance with this chapter; and 13
126	126	(b) Does not engage in other practices of cosmetology; 14
127	127	(18) "Nail technology," any one or a combination of the following practices: 15
128	128	(a) Applying and removing artificial nails; 16
129	129	(b) Air-brushing, cleansing, coloring, cutting, decorating, filing, polishing, 17
130	130	removing polish from, shaping, tinting, trimming, or otherwise beautifying 18
131	131	an individual's fingernails or toenails; or 19
132	132	(c) Cleansing, exfoliating, or massaging a hand, arm, foot, or leg; 20
133	133	(19) "Nail technology school," any place, premise, or building that is licensed by the 21
134	134	board to provide education to students in the practice of nail technology; 22
135	135	(20) "Natural hair braiding," a form of hair manipulation that uses topical agents, and 23
136	136	results in tension on hair strands by beading, braiding, cornrowing, extending, 24
137	137	lacing, locking, twisting, weaving, or wrapping human hair, natural fibers, synthetic 25
138	138	fibers, or hair extensions into a variety of shapes, patterns, and textures, and 26
139	139	maintenance thereof, by hand or with clips, combs, hairpins, or thread, but does 27
140	140	not involve the use of penetrating chemical hair treatments, chemical hair coloring 28
141	141	agents, chemical hair straightening agents, chemical hair joining agents, 29
142	142	permanent wave styles, or chemical hair bleaching agents; 30
143	143	(21) "Salon," any place, premise, building, or any part of a building that is: 31
144	144	(a) Operated for the purpose of engaging in the practice of cosmetology, 32
145	145	esthetics, or nail technology, or any combination of these practices; and 33
146	146	(b) Licensed in accordance with this chapter; and 34
147	147	(22) "Student," an individual licensed by the board to receive education in: 35 25.589.25 5 1231
148	148	Underscores indicate new language.
149	149	Overstrikes indicate deleted language.
150	150	(a) A cosmetology school; 1
151	151	(b) An esthetics school; or 2
152	152	(c) A nail technology school. 3
153	153	Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 36: 4
154	154	The Cosmetology and Barbering Board is created within the Department of Labor 5
155	155	and Regulation. 6
156	156	The board consists of the following members appointed by the Governor: 7
157	157	(1) Three cosmetologists who have been actively engaged in cosmetology during the 8
158	158	three-year period immediately preceding the appointment; 9
159	159	(2) Two barbers who have been actively engaged in barbering during the three-year 10
160	160	period immediately preceding the appointment; and 11
161	161	(3) Two individuals who are not barbers or cosmetologists, but who regularly use 12
162	162	barbering or cosmetology services. 13
163	163	Each member must be a resident of this state and at least twenty -five years of 14
164	164	age. The term of office for each member is three years, beginning on the first day of July, 15
165	165	except that the initial terms must be staggered by lot so that no more than two terms 16
166	166	expire each year. 17
167	167	In the event of a vacancy, the Governor shall appoint another individual to serve 18
168	168	the remainder of the term. 19
169	169	No individual may serve more than three full consecutive terms. An appointment 20
170	170	to fill an unexpired term is not a full term. 21
171	171	Section 6. That a NEW SECTION be added to a NEW CHAPTER in title 36: 22
172	172	An individual who served on the Cosmetology Commission or the Board of Barber 23
173	173	Examiners, as they existed on the day before the effective date of this Act, is eligible to 24
174	174	serve on the Cosmetology and Barbering Board, if appointed by the Governor. Any term 25
175	175	served on the Cosmetology Commission, or the Board of Barber Examiners, does not count 26
176	176	as a term for purposes of appointment to the Cosmetology and Barbering Board. 27
177	177	Section 7. That a NEW SECTION be added to a NEW CHAPTER in title 36: 28
178	178	No member of the board, or employee thereof, may be a member of, be affiliated 29
179	179	with, or have a financial interest in a: 30
180	180	(1) Barber school; 31 25.589.25 6 1231
181	181	Underscores indicate new language.
182	182	Overstrikes indicate deleted language.
183	183	(2) Cosmetology school; 1
184	184	(3) Esthetics school; or 2
185	185	(4) Nail technology school. 3
186	186	Section 8. That a NEW SECTION be added to a NEW CHAPTER in title 36: 4
187	187	At the initial meeting of the board, and annually thereafter, the board shall elect 5
188	188	one member to serve as the president, one member to serve as the vice -president, and 6
189	189	one member to serve as the secretary-treasurer. 7
190	190	Three members of the board constitute a quorum. 8
191	191	The board shall meet at least twice each year and may hold additional meetings at 9
192	192	the call of the president or at the request of a majority of the board. 10
193	193	The board shall provide to the Department of Labor and Regulation, at the time 11
194	194	and in the manner set forth by the department, an annual report and any other records 12
195	195	or information requested by the department. 13
196	196	Section 9. That a NEW SECTION be added to a NEW CHAPTER in title 36: 14
197	197	The board may: 15
198	198	(1) Employ personnel; 16
199	199	(2) Reimburse personnel in accordance with § 3-9-2 for expenses incurred in the 17
200	200	performance of their duties; and 18
201	201	(3) During normal business hours, enter and inspect or provide for the inspection of: 19
202	202	(a) A barber school; 20
203	203	(b) A barber shop; 21
204	204	(c) A branch school; 22
205	205	(d) A cosmetology school; 23
206	206	(e) An esthetics school; 24
207	207	(f) A nail technology school; and 25
208	208	(g) A salon. 26
209	209	Section 10. That a NEW SECTION be added to a NEW CHAPTER in title 36: 27
210	210	The board shall: 28
211	211	(1) Annually conduct, for purposes of licensure pursuant to this chapter, at least: 29
212	212	(a) Two examinations in barbering; 30
213	213	(b) Six examinations in cosmetology; 31 25.589.25 7 1231
214	214	Underscores indicate new language.
215	215	Overstrikes indicate deleted language.
216	216	(c) Two examinations in esthetics; and 1
217	217	(d) Two examinations in nail technology; 2
218	218	(2) Establish in accordance with section 67 of this Act: 3
219	219	(a) Educational standards and requirements necessary for licensure pursuant 4
220	220	to this chapter; 5
221	221	(b) Continuing education requirements related to health and safety issues, and 6
222	222	the use of chemicals, and electrical or mechanical apparatuses, for 7
223	223	individuals licensed pursuant to this chapter; and 8
224	224	(c) Plumbing, electrical, physical, and sanitary requirements necessary to 9
225	225	ensure the health and safety of individuals utilizing barber shops, salons, 10
226	226	and schools; 11
227	227	(3) Annually inspect every facility licensed in accordance with this chapter; 12
228	228	(4) Investigate violations of this chapter; 13
229	229	(5) Maintain records necessary for carrying out this chapter; and 14
230	230	(6) Take all other actions necessary for the administration of this chapter. 15
231	231	Section 11. That a NEW SECTION be added to a NEW CHAPTER in title 36: 16
232	232	There is created in the state treasury the cosmetology and barbering fund. The 17
233	233	fund consists of all fees imposed pursuant to this chapter and any other moneys 18
234	234	designated for deposit into the fund. The board shall administer the fund. The purpose of 19
235	235	the fund is to defray expenses associated with the administration of this chapter. Interest 20
236	236	on moneys credited to the fund must remain in the fund. 21
237	237	The cosmetology and barbering fund is continuously appropriated to the 22
238	238	Department of Labor and Regulation. 23
239	239	All moneys currently held by the Cosmetology Commission and the Board of Barber 24
240	240	Examiners must be deposited in the fund. 25
241	241	Section 12. That a NEW SECTION be added to a NEW CHAPTER in title 36: 26
242	242	Except as provided in sections 60 and 61 of this Act, a n individual must be a 27
243	243	cosmetologist to engage in cosmetology for compensation or any other valuable 28
244	244	consideration. 29
245	245	Section 13. That a NEW SECTION be added to a NEW CHAPTER in title 36: 30
246	246	The board may issue a license to practice cosmetology to an individual who: 31 25.589.25 8 1231
247	247	Underscores indicate new language.
248	248	Overstrikes indicate deleted language.
249	249	(1) Is at least eighteen years old; 1
250	250	(2) Submits an application provided by the board; 2
251	251	(3) Successfully completes an examination on: 3
252	252	a) The provisions of this chapter and rules adopted pursuant to this chapter; 4
253	253	and 5
254	254	(b) The practice of cosmetology; 6
255	255	(4) Provides to the board documentation that the individual has completed one 7
256	256	thousand five hundred hours of education, equivalent credit hours, or training in: 8
257	257	(a) A cosmetology school; or 9
258	258	(b) An apprentice salon; and 10
259	259	(5) Pays the licensure fee established by the board, in accordance with section 68 of 11
260	260	this Act. 12
261	261	Section 14. That a NEW SECTION be added to a NEW CHAPTER in title 36: 13
262	262	Except as provided in section 59 of this Act, an individual must be a cosmetologist 14
263	263	or an esthetician to engage in the practice of esthetics for compensation or any other 15
264	264	valuable consideration. 16
265	265	Section 15. That a NEW SECTION be added to a NEW CHAPTER in title 36: 17
266	266	The board may issue a license to practice esthetics to an individual who: 18
267	267	(1) Is at least eighteen years old; 19
268	268	(2) Submits an application provided by the board; 20
269	269	(3) Successfully completes an examination on: 21
270	270	a) The provisions of this chapter and rules adopted pursuant to this chapter; 22
271	271	and 23
272	272	(b) The practice of esthetics; 24
273	273	(4) Completes six hundred hours of education, equivalent credit hours, or training in 25
274	274	the practice of esthetics at: 26
275	275	(a) A cosmetology school; 27
276	276	(b) An esthetics school; or 28
277	277	(c) An apprentice salon; and 29
278	278	(5) Pays the licensure fee established by the board in accordance with section 68 of 30
279	279	this Act. 31
280	280	Section 16. That a NEW SECTION be added to a NEW CHAPTER in title 36: 32 25.589.25 9 1231
281	281	Underscores indicate new language.
282	282	Overstrikes indicate deleted language.
283	283	Except as provided in section 59 of this Act, an individual must be a cosmetologist 1
284	284	or a nail technician to engage in the practice of nail technology for compensation or any 2
285	285	other valuable consideration. 3
286	286	Section 17. That a NEW SECTION be added to a NEW CHAPTER in title 36: 4
287	287	The board may issue a license to practice nail technology to an individual who: 5
288	288	(1) Is at least eighteen years old; 6
289	289	(2) Submits an application provided by the board; 7
290	290	(3) Successfully completes an examination on: 8
291	291	a) The provisions of this chapter and rules adopted pursuant to this chapter; 9
292	292	and 10
293	293	(b) The practice of nail technology; 11
294	294	(4) Completes four hundred hours of education, equivalent credit hours, or training in 12
295	295	the practice of nail technology at: 13
296	296	(a) A cosmetology school; 14
297	297	(b) A nail technology school; or 15
298	298	(c) An apprentice salon; and 16
299	299	(5) Pays the licensure fee established by the board in accordance with section 68 of 17
300	300	this Act. 18
301	301	Section 18. That a NEW SECTION be added to a NEW CHAPTER in title 36: 19
302	302	Except as provided in sections 59 and 60 of this Act, an individual must be a barber 20
303	303	to engage in the practice of barbering for compensation or any other valuable 21
304	304	consideration. 22
305	305	Section 19. That a NEW SECTION be added to a NEW CHAPTER in title 36: 23
306	306	The board may issue a license to practice barbering to an individual who: 24
307	307	(1) Is at least eighteen years old; 25
308	308	(2) Submits an application provided by the board, together with two five-by-three inch 26
309	309	photographs of the individual; 27
310	310	(3) Successfully completes an examination on the practice of barbering, which includes 28
311	311	a practical barber demonstration; 29
312	312	(4) Completes one thousand five hundred hours of education in barbering, at a barber 30
313	313	school approved by the board; and 31 25.589.25 10 1231
314	314	Underscores indicate new language.
315	315	Overstrikes indicate deleted language.
316	316	(5) Pays the licensure fee established by the board in accordance with section 68 of 1
317	317	this Act. 2
318	318	The board may permit an individual to practice barbering from the time the 3
319	319	individual has completed the requirements of subdivision (4) of this section until the next 4
320	320	barbering examination is offered. 5
321	321	Section 20. That a NEW SECTION be added to a NEW CHAPTER in title 36: 6
322	322	Any license issued pursuant to this chapter must be renewed each year on a date 7
323	323	determined by the board, pursuant to section 67 of this Act. 8
324	324	Section 21. That a NEW SECTION be added to a NEW CHAPTER in title 36: 9
325	325	To renew a barber license, cosmetology license, esthetician license, or nail 10
326	326	technology license, a licensee shall: 11
327	327	(1) Submit an application provided by the board; 12
328	328	(2) Pay the renewal fee established by the board pursuant to section 68 of this Act; 13
329	329	and 14
330	330	(3) Provide to the board documentation of having completed any continuing education 15
331	331	requirements, pursuant to section 67 of this Act. 16
332	332	Section 22. That a NEW SECTION be added to a NEW CHAPTER in title 36: 17
333	333	The board may require experience in addition to, or instead of, education or 18
334	334	continuing education requirements for any license issued pursuant to this chapter and 19
335	335	may waive any education requirement in the case of a certified illness or undue hardship. 20
336	336	Section 23. That a NEW SECTION be added to a NEW CHAPTER in title 36: 21
337	337	The following acts do not constitute the practice of cosmetology, esthetics, or nail 22
338	338	technology: 23
339	339	(1) The cutting of nail beds; 24
340	340	(2) The demonstration of make-up at a retail establishment, if: 25
341	341	(a) The demonstration is performed in the ordinary course of business; 26
342	342	(b) The make-up is applied only with disposable applicators that are discarded 27
343	343	after each customer demonstration; 28
344	344	(c) The demonstration is provided without charge; and 29 25.589.25 11 1231
345	345	Underscores indicate new language.
346	346	Overstrikes indicate deleted language.
347	347	(d) The retailer does not advertise or provide a cosmetology service, except the 1
348	348	sale of make-up and fragrances; 2
349	349	(3) Any medical treatment involving the feet, hands, or nails; 3
350	350	(4) Scalp treatments or massages; 4
351	351	(5) The removal of hair through the use of a galvanic or thermolytic needle; and 5
352	352	(6) The treatment of corns or calluses. 6
353	353	Section 24. That a NEW SECTION be added to a NEW CHAPTER in title 36: 7
354	354	The board may waive the requirement for an individual to pass an examination in 8
355	355	accordance with sections 13, 15, and 17 of this Act, if an individual applying for a license 9
356	356	as a cosmetologist, esthetician, or nail technician: 10
357	357	(1) Holds a current license issued by another state, district, or foreign country, which 11
358	358	has licensing education requirements that are at least equal to those required by 12
359	359	the board; 13
360	360	(2) Provides documentation of having successfully completed an examination 14
361	361	approved by the board in the specialty for which the individual is seeking licensure; 15
362	362	(3) Successfully completes the examination on the provisions of this chapter and rules 16
363	363	in accordance with sections 13, 15, and 17 of this Act; and 17
364	364	(4) Pays the reciprocal license fee established by the board pursuant to section 68 of 18
365	365	this Act. 19
366	366	Section 25. That a NEW SECTION be added to a NEW CHAPTER in title 36: 20
367	367	An individual who holds a license to practice cosmetology, esthetics, or nail 21
368	368	technology from another state, district, or a foreign country may apply to the board, for 22
369	369	a temporary permit to practice the same specialty in this state. 23
370	370	The application, which must be made available by the board, must be accompanied 24
371	371	by: 25
372	372	(1) The fee established by the board pursuant to section 68 of this Act; and 26
373	373	(2) Documentation demonstrating that the individual satisfies the requirements for 27
374	374	license reciprocity pursuant to section 24 of this Act. 28
375	375	A temporary permit is valid until the date of the next examination offered by the 29
376	376	board. 30
377	377	If the holder of a temporary permit takes the examination at the next regularly 31
378	378	scheduled time, the board must extend the temporary permit until the result of the 32
379	379	examination is mailed to the individual. If an individual is not excused from the 33 25.589.25 12 1231
380	380	Underscores indicate new language.
381	381	Overstrikes indicate deleted language.
382	382	examination by the board or fails to successfully complete the examination, the temporary 1
383	383	permit is invalid and may not be extended. 2
384	384	Section 26. That a NEW SECTION be added to a NEW CHAPTER in title 36: 3
385	385	The board may issue a license to practice barbering to an individual who is licensed 4
386	386	as a barber in another state, district or country, if the individual: 5
387	387	(1) Submits an application provided by the board; 6
388	388	(2) Provides documentation demonstrating that: 7
389	389	(a) The requirements for licensure in the other state or country are substantially 8
390	390	similar to those set forth in this chapter; and 9
391	391	(b) The individual has practiced as a barber in the other state or country for at 10
392	392	least five years; and 11
393	393	(3) Pays the licensure reciprocity fee established by the board pursuant to section 68 12
394	394	of this Act. 13
395	395	If an applicant applies to transfer a barber license from a state that requires less 14
396	396	than one thousand five hundred hours of instruction, the applicant must obtain an 15
397	397	additional fifty credit hours for each month the applicant has practiced as a licensed barber 16
398	398	in the other state or country. This credit must be applied toward the one thousand five 17
399	399	hundred hours of instruction required by section 19 of this Act. 18
400	400	Section 27. That a NEW SECTION be added to a NEW CHAPTER in title 36: 19
401	401	An individual must be licensed as an instructor by the board in accordance with 20
402	402	this chapter to teach in a school or apprentice salon. 21
403	403	An esthetician or nail technician may teach only in the specialty for which the 22
404	404	individual is licensed. 23
405	405	Section 28. That a NEW SECTION be added to a NEW CHAPTER in title 36: 24
406	406	The board may issue a license as an instructor to an individual who: 25
407	407	(1) Submits an application provided by the board; 26
408	408	(2) Pays the instructor licensure fee established by the board in accordance with 27
409	409	section 68 of this Act; 28
410	410	(3) Successfully completes an examination required by the board; and 29
411	411	(4) Verifies: 30 25.589.25 13 1231
412	412	Underscores indicate new language.
413	413	Overstrikes indicate deleted language.
414	414	(a) Successful completion of the education requirements established by the 1
415	415	board, in accordance with section 67 of this Act; or 2
416	416	(b) One year of teaching experience as a licensed instructor in another state. 3
417	417	The board may issue a license, in accordance with rules adopted pursuant to 4
418	418	chapter 1-26, which is conditioned on the individual completing the requirements of this 5
419	419	section. 6
420	420	Section 29. That a NEW SECTION be added to a NEW CHAPTER in title 36: 7
421	421	To renew an instructor license, a licensee shall: 8
422	422	(1) Submit an application provided by the board; 9
423	423	(2) Pay the renewal fee established by the board pursuant to section 68 of this Act; 10
424	424	and 11
425	425	(3) Provide to the board documentation verifying completion of any continuing 12
426	426	education requirements, established pursuant to section 67 of this Act. 13
427	427	The board shall promulgate rules, pursuant to chapter 1-26, to establish education 14
428	428	and experience requirements for an individual to serve as a substitute instructor. 15
429	429	Section 30. That a NEW SECTION be added to a NEW CHAPTER in title 36: 16
430	430	A person must possess a school license issued by the board to operate a 17
431	431	cosmetology school, an esthetics school, or a nail technology school. 18
432	432	A school license is valid only for the premises approved by the board. A school 19
433	433	license is not transferable to another person. 20
434	434	If the holder of a school license proposes to conduct a complete or partial education 21
435	435	program on premises other than those licensed by the board, the licensee must obtain an 22
436	436	additional license for the newly proposed premises as a branch school, pursuant to section 23
437	437	34 of this Act. 24
438	438	The board may approve limited field trips supervised by instructors. 25
439	439	Section 31. That a NEW SECTION be added to a NEW CHAPTER in title 36: 26
440	440	To apply for a license as a cosmetology school, esthetics school, or nail technology 27
441	441	school, a person shall: 28
442	442	(1) Submit an application provided by the board; 29
443	443	(2) Pay the fee required by the board in accordance with section 68 of this Act; 30 25.589.25 14 1231
444	444	Underscores indicate new language.
445	445	Overstrikes indicate deleted language.
446	446	(3) Not be subject to any ongoing investigation or disciplinary action by any board; 1
447	447	and 2
448	448	(4) Offer a course of instruction, that provides: 3
449	449	(a) One thousand five hundred hours of education or equivalent credit hours 4
450	450	for a cosmetology school; 5
451	451	(b) Six hundred hours of education or equivalent credit hours for an esthetics 6
452	452	school; or 7
453	453	(c) Four hundred hours of education or equivalent credit hours for a nail 8
454	454	technology school. 9
455	455	Section 32. That a NEW SECTION be added to a NEW CHAPTER in title 36: 10
456	456	A person may not operate a barber school unless it is approved by the board. 11
457	457	In order to be approved by the board, a person seeking to operate a barber school 12
458	458	must provide a course of instruction that: 13
459	459	(1) Has a duration of at least nine months; and 14
460	460	(2) Provides at least one thousand five hundred hours of education or the equivalent 15
461	461	credit hours covering topics pertaining to the scientific fundamentals of barbering. 16
462	462	Section 33. That a NEW SECTION be added to a NEW CHAPTER in title 36: 17
463	463	No cosmetology school, esthetics school, or nail technology school may conduct an 18
464	464	education program on a separate school premises unless the separate premises is licensed 19
465	465	by the board as a branch school. 20
466	466	Section 34. That a NEW SECTION be added to a NEW CHAPTER in title 36: 21
467	467	To obtain a branch school license, a cosmetology school, esthetics school, or nail 22
468	468	technology school must: 23
469	469	(1) Submit an application provided by the board; 24
470	470	(2) Pay the fee required by the board in accordance with section 68 of this Act; 25
471	471	(3) Not be subject to any ongoing investigation or disciplinary action by any board; 26
472	472	and 27
473	473	(4) Offer a course of instruction that provides at least twenty-five percent of the 28
474	474	required education hours, or equivalent credit hours, for: 29
475	475	(a) A cosmetology license, pursuant to section 13 of this Act; 30
476	476	(b) An esthetics license, pursuant to section 15 of this Act; or 31 25.589.25 15 1231
477	477	Underscores indicate new language.
478	478	Overstrikes indicate deleted language.
479	479	(c) A nail technology license, pursuant to section 17 of this Act. 1
480	480	Section 35. That a NEW SECTION be added to a NEW CHAPTER in title 36: 2
481	481	A branch school, cosmetology school, esthetics school, or nail technology school 3
482	482	shall use the word "school" or similar words to indicate that it is an institution of learning 4
483	483	in any advertisement, directory, display, or sign. Each school shall clearly indicate, in a 5
484	484	location conspicuous to the general public, that services and practices in the school are 6
485	485	performed by students. 7
486	486	Section 36. That a NEW SECTION be added to a NEW CHAPTER in title 36: 8
487	487	An individual enrolled in a cosmetology school, esthetics school, or nail technology 9
488	488	school shall obtain a student permit from the board, within ten days of the date of 10
489	489	enrollment. 11
490	490	If a student transfers to another school, the student must submit a new application 12
491	491	and pay the student permit fee. 13
492	492	Section 37. That a NEW SECTION be added to a NEW CHAPTER in title 36: 14
493	493	The board may issue a student permit to an individual who: 15
494	494	(1) Is at least seventeen years old; 16
495	495	(2) Submits an application that is provided by the board and contains the name and 17
496	496	location of the student's school; and 18
497	497	(3) Pays the fee required by the board in accordance with section 68 of this Act. 19
498	498	A student permit entitles the individual to complete the course of instruction in 20
499	499	which the individual is enrolled, without additional fees. 21
500	500	If the individual withdraws from the school or course for which the fee was paid, 22
501	501	and later enrolls in the same or a different school or course, the student must pay a new 23
502	502	student permit fee. 24
503	503	Section 38. That a NEW SECTION be added to a NEW CHAPTER in title 36: 25
504	504	Any individual seeking to transfer from an out-of-state school to a school in this 26
505	505	state shall apply for a student permit issued pursuant to section 37 of this Act. 27
506	506	An individual who transfers from an out-of-state school to one in this state must 28
507	507	be awarded credit hours for any out -of-state education, as permitted by the board, 29
508	508	pursuant to section 67 of this Act. 30 25.589.25 16 1231
509	509	Underscores indicate new language.
510	510	Overstrikes indicate deleted language.
511	511	Section 39. That a NEW SECTION be added to a NEW CHAPTER in title 36: 1
512	512	An individual may not simultaneously operate a salon and a cosmetology school, 2
513	513	esthetics school, or nail technology school, unless the operation of the salon is clearly 3
514	514	separate from the school, so as not to be construed by the public as one enterprise. 4
515	515	Section 40. That a NEW SECTION be added to a NEW CHAPTER in title 36: 5
516	516	Before an individual may become an apprentice in cosmetology, esthetics, or nail 6
517	517	technology, the individual must be issued an apprentice license by the board, in 7
518	518	accordance with section 41 of this Act. 8
519	519	The cosmetology salon in which the individual is to apprentice must be licensed as 9
520	520	an apprentice salon. 10
521	521	Section 41. That a NEW SECTION be added to a NEW CHAPTER in title 36: 11
522	522	The board may issue an apprentice license to an individual who: 12
523	523	(1) Is at least seventeen years old; 13
524	524	(2) Submits an application provided by the board; 14
525	525	(3) Provides to the board documentation verifying that the apprentice salon is licensed 15
526	526	and adequately equipped to teach cosmetology, esthetics, or nail technology, as 16
527	527	applicable; and 17
528	528	(4) Pays the apprentice license fee established by the board. 18
529	529	An apprentice license is valid for the duration of the apprenticeship and is not 19
530	530	renewable. 20
531	531	Section 42. That a NEW SECTION be added to a NEW CHAPTER in title 36: 21
532	532	To provide an apprenticeship, a salon must be licensed by the board as an 22
533	533	apprentice salon. Only an instructor licensed in accordance with section 28 of this Act may 23
534	534	train an apprentice. An instructor, a salon, or anyone connected with the apprenticeship 24
535	535	may not charge, receive, or accept any fee or anything of value for the training, other 25
536	536	than the services of the apprentice. 26
537	537	No apprentice salon may have more than eight apprentices at one time. No 27
538	538	instructor may supervise more than two apprentices at one time. 28
539	539	Section 43. That a NEW SECTION be added to a NEW CHAPTER in title 36: 29 25.589.25 17 1231
540	540	Underscores indicate new language.
541	541	Overstrikes indicate deleted language.
542	542	To apply for a license as an apprentice salon, the owner of a salon shall: 1
543	543	(1) Submit to an initial inspection of the salon; and 2
544	544	(2) Pay the licensure fee established by the board in accordance with section 68 of this 3
545	545	Act. 4
546	546	Section 44. That a NEW SECTION be added to a NEW CHAPTER in title 36: 5
547	547	An apprentice may practice cosmetology, esthetics, or nail technology, as 6
548	548	applicable, if: 7
549	549	(1) The practice is performed only in an apprentice salon; 8
550	550	(2) The apprentice is under the supervision, control, and direction of a licensed 9
551	551	instructor at all times; and 10
552	552	(3) The apprentice is engaged in the study and practice of cosmetology, esthetics, or 11
553	553	nail technology: 12
554	554	(a) Full-time for at least forty hours a week; or 13
555	555	(b) Part-time for at least twenty hours per week. 14
556	556	A part-time apprentice may revert to full-time status by notifying the board, at 15
557	557	least fifteen days prior to the change taking effect. 16
558	558	Section 45. That a NEW SECTION be added to a NEW CHAPTER in title 36: 17
559	559	To complete an apprenticeship in cosmetology, an apprentice shall receive 18
560	560	education in the practice of cosmetology, as required by section 13 of this Act, for one 19
561	561	thousand five hundred hours in the same apprentice salon. 20
562	562	To complete an apprenticeship in esthetics, an apprentice shall receive education 21
563	563	in the practice of esthetics, as required by section 15 of this Act, for six hundred hours in 22
564	564	the same apprentice salon. 23
565	565	To complete an apprenticeship in nail technology, an apprentice shall receive 24
566	566	education in the practice of nail technology, as required by section 17 of this Act, for four 25
567	567	hundred hours in the same apprentice salon. 26
568	568	The board may permit an apprentice to transfer to another apprentice salon for 27
569	569	completion of an apprenticeship, if the apprentice applies to the board for a transfer and 28
570	570	shows good cause for the request. 29
571	571	The board may authorize an interruption in the period of the apprenticeship, upon 30
572	572	submission of a request by the apprentice and a showing of good cause. 31
573	573	Section 46. That a NEW SECTION be added to a NEW CHAPTER in title 36: 32 25.589.25 18 1231
574	574	Underscores indicate new language.
575	575	Overstrikes indicate deleted language.
576	576	An individual who has completed hours under an apprenticeship or a cosmetology 1
577	577	school, esthetics school, or nail technology school, may have those completed hours count 2
578	578	toward another apprenticeship or school, if allowed by the institution to which the person 3
579	579	is transferring. 4
580	580	Section 47. That a NEW SECTION be added to a NEW CHAPTER in title 36: 5
581	581	Every apprentice salon shall send to the board a report on an apprentice's progress 6
582	582	and education at the time and in the manner prescribed by the board, in accordance with 7
583	583	section 67 of this Act. 8
584	584	Section 48. That a NEW SECTION be added to a NEW CHAPTER in title 36: 9
585	585	An individual who completes the terms of apprenticeship or the education 10
586	586	requirements for licensure in accordance with this chapter, may apply to the board for a 11
587	587	temporary permit. A temporary permit authorizes the individual to perform all the 12
588	588	practices of a licensed cosmetologist, nail technician, or esthetician, as applicable. 13
589	589	A temporary permit is valid until the date of the next regularly scheduled 14
590	590	examination for licensure. 15
591	591	If the holder of a temporary permit takes the examination at the scheduled time, 16
592	592	the board shall extend the temporary permit until the result of the examination is mailed 17
593	593	to the individual. If an individual is not excused from the examination by the board or fails 18
594	594	to successfully complete the examination, the temporary permit is invalid and may not be 19
595	595	extended or reissued. 20
596	596	Section 49. That a NEW SECTION be added to a NEW CHAPTER in title 36: 21
597	597	To apply for a temporary permit following the completion of an apprenticeship or 22
598	598	a course of education, an individual shall: 23
599	599	(1) Submit an application provided by the board; 24
600	600	(2) Provide documentation to the board verifying: 25
601	601	(a) The completion of an apprenticeship; or 26
602	602	(b) The completion of a course of education; and 27
603	603	(3) Pay the fee for: 28
604	604	(a) A temporary permit, as established by the board in accordance with section 29
605	605	68 of this Act; and 30 25.589.25 19 1231
606	606	Underscores indicate new language.
607	607	Overstrikes indicate deleted language.
608	608	(b) Initial licensure, as established by the board in accordance with section 68 1
609	609	of this Act. 2
610	610	Section 50. That a NEW SECTION be added to a NEW CHAPTER in title 36: 3
611	611	An individual must be licensed by the board to operate a salon or a booth. 4
612	612	Upon the individual applying for licensure, the board may issue a temporary salon 5
613	613	permit, or a temporary booth permit to the individual. A temporary permit under this 6
614	614	section is valid for ninety days. During that time, the board shall inspect the premises of 7
615	615	the salon or booth. 8
616	616	Section 51. That a NEW SECTION be added to a NEW CHAPTER in title 36: 9
617	617	The board may issue a salon or booth license to an individual who: 10
618	618	(1) Submits an application provided by the board; 11
619	619	(2) Passes an inspection by the board; and 12
620	620	(3) Pays the fee established by the board, pursuant to section 68 of this Act for: 13
621	621	(a) A cosmetology salon license, or a cosmetology booth license, if two or more 14
622	622	of the practices of cosmetology are provided; 15
623	623	(b) An esthetics salon license or an esthetics booth license, if only esthetics 16
624	624	services are provided; or 17
625	625	(c) A nail salon license, or a nail booth license, if only nail technology services 18
626	626	are provided. 19
627	627	No individual may practice cosmetology, nail technology, or esthetics beyond the 20
628	628	limits specified in the license. Nothing prohibits a cosmetologist, esthetician, or nail 21
629	629	technician who is operating a booth within a salon, from using any space or cosmetology 22
630	630	equipment provided by the salon or another booth within the same salon. 23
631	631	Section 52. That a NEW SECTION be added to a NEW CHAPTER in title 36: 24
632	632	If the address of a salon or booth is changed, the owner of the salon or booth shall 25
633	633	notify the board and shall apply for a new license pursuant to section 51 of this Act. 26
634	634	If there is any change in the ownership associated with the salon or booth, the 27
635	635	owner of the salon or booth shall notify the board and shall apply for a new license 28
636	636	pursuant to section 51 of this Act. 29
637	637	Section 53. That a NEW SECTION be added to a NEW CHAPTER in title 36: 30 25.589.25 20 1231
638	638	Underscores indicate new language.
639	639	Overstrikes indicate deleted language.
640	640	An individual must be licensed by the board to operate a barber shop. 1
641	641	The board may issue a barber shop license to an individual who: 2
642	642	(1) Applies to the board on a form provided by the board; and 3
643	643	(2) Pays the barber shop licensure fee established by the board, pursuant to section 4
644	644	68 of this Act. 5
645	645	A barber shop must be under the direct supervision and management of a barber. 6
646	646	A license issued pursuant to this section may not be transferred to another 7
647	647	individual. 8
648	648	Section 54. That a NEW SECTION be added to a NEW CHAPTER in title 36: 9
649	649	A barber pole may be used or displayed only at a barber shop. 10
650	650	For the purposes of this section, "barber pole" means a cylinder or pole with 11
651	651	alternating stripes of any combination that run diagonally along the length of the pole. 12
652	652	Section 55. That a NEW SECTION be added to a NEW CHAPTER in title 36: 13
653	653	The board shall inspect the premises of a barber shop pursuant to section 9 of this 14
654	654	Act: 15
655	655	(1) Before a license as a barber shop may be issued; and 16
656	656	(2) Whenever there is a change in the address or ownership of a barber shop. 17
657	657	Section 56. That a NEW SECTION be added to a NEW CHAPTER in title 36: 18
658	658	A barber shall display the barber's license in a conspicuous place at the barber 19
659	659	shop. 20
660	660	Section 57. That a NEW SECTION be added to a NEW CHAPTER in title 36: 21
661	661	A barber may operate a mobile barber shop, provided the shop is licensed as a 22
662	662	barber shop, pursuant to section 53 of this Act, and is inspected annually. 23
663	663	A mobile barber shop may not be operated in a municipality or unincorporated 24
664	664	town in which a barber shop is located. 25
665	665	Section 58. That a NEW SECTION be added to a NEW CHAPTER in title 36: 26
666	666	A nursing facility or assisted living center, licensed in accordance with chapter 34-27
667	667	12, is not required to be licensed as a salon if the facility or center: 28
668	668	(1) Permits cosmetology services only for its residents; and 29 25.589.25 21 1231
669	669	Underscores indicate new language.
670	670	Overstrikes indicate deleted language.
671	671	(2) Does not advertise itself to be a salon. 1
672	672	Section 59. That a NEW SECTION be added to a NEW CHAPTER in title 36: 2
673	673	Except as provided in this section, this chapter does not apply to any of the 3
674	674	following when practiced within the scope of the respective professions: 4
675	675	(1) A chiropractor, licensed in accordance with chapter 36-5; 5
676	676	(2) A funeral director, licensed in accordance with chapter 36-19; 6
677	677	(3) A nurse, licensed in accordance with chapter 36-9; 7
678	678	(4) An occupational therapist, licensed in accordance with chapter 36-31; 8
679	679	(5) A physical therapist, licensed in accordance with chapter 36-10; 9
680	680	(6) A physician, licensed in accordance with chapter 36-4; 10
681	681	(7) A physician assistant, licensed in accordance with chapter 36-4A; 11
682	682	(8) A podiatrist, licensed in accordance with chapter 36-8; or 12
683	683	(9) An individual engaging solely in natural hair braiding. 13
684	684	Section 60. That a NEW SECTION be added to a NEW CHAPTER in title 36: 14
685	685	A barber is exempt from any requirements established only for a cosmetologist in 15
686	686	this chapter. 16
687	687	A cosmetologist is exempt from any requirements established only for a barber in 17
688	688	this chapter. 18
689	689	Section 61. That a NEW SECTION be added to a NEW CHAPTER in title 36: 19
690	690	Cosmetology may be practiced only in a salon, booth, cosmetology school, 20
691	691	esthetics school, or nail technology school, except for: 21
692	692	(1) A service provided to a mobility-limited client who is unable to travel due to a 22
693	693	disability, illness, or imprisonment; or 23
694	694	(2) A service provided for a special event, if the service is practiced within the scope 24
695	695	of the license and if the service is limited to: 25
696	696	(a) The nonpermanent manipulation of hair; 26
697	697	(b) The application of polish to nails; or 27
698	698	(c) The application of make-up. 28
699	699	Section 62. That a NEW SECTION be added to a NEW CHAPTER in title 36: 29 25.589.25 22 1231
700	700	Underscores indicate new language.
701	701	Overstrikes indicate deleted language.
702	702	The board may refuse to issue or renew a license or permit, and may cancel, 1
703	703	suspend, or revoke a license or permit, in accordance with chapter 1-26, on the following 2
704	704	grounds: 3
705	705	(1) Fraud or deception in procuring a license or permit; 4
706	706	(2) Failure to comply with any of the requirements of this chapter or rules adopted 5
707	707	pursuant to this chapter; 6
708	708	(3) The use of any untruthful or improper statement or representation, for the purpose 7
709	709	of deceiving the public or any client, in connection with the practices of 8
710	710	cosmetology or barbering; 9
711	711	(4) Habitual drunkenness or drug addiction affecting the licensee's practice, or 10
712	712	conviction for the violation of any federal or state law relating to narcotic drugs; 11
713	713	(5) Failure to provide to the board any report or information that is required by this 12
714	714	chapter or rules adopted pursuant to this chapter; 13
715	715	(6) The employment of an unlicensed or unpermitted individual to perform work, which 14
716	716	under this chapter may lawfully be performed only by a licensed or permitted 15
717	717	individual; 16
718	718	(7) Failure to publicly display any license or permit required by this chapter; 17
719	719	(8) Conviction of a felony affecting the licensee's or permit holder's practice, as 18
720	720	evidenced by a certified copy of a court record; 19
721	721	(9) Continued practice while knowingly having an infectious or contagious disease; or 20
722	722	(10) Practice of a cosmetology or barbering service for which the board requires 21
723	723	continuing education, if the requirement has not been met. 22
724	724	Section 63. That a NEW SECTION be added to a NEW CHAPTER in title 36: 23
725	725	No proceeding related to the cancellation, suspension, or revocation of a license, 24
726	726	or to the reissuance of a license that has been suspended or revoked may occur unless a 25
727	727	majority of the board members are present. 26
728	728	A cancellation, suspension, or revocation of a license requires a majority vote of 27
729	729	the board members. 28
730	730	An action of the board, pursuant to this chapter, may be appealed, as provided by 29
731	731	chapter 1-26. 30
732	732	Section 64. That a NEW SECTION be added to a NEW CHAPTER in title 36: 31
733	733	The board may, by majority vote, reinstate a suspended license or reissue a 32
734	734	revoked license upon application by the affected individual and: 33 25.589.25 23 1231
735	735	Underscores indicate new language.
736	736	Overstrikes indicate deleted language.
737	737	(1) A showing of compliance with existing licensing requirements; or 1
738	738	(2) Witness testimony. 2
739	739	The board may impose conditions for the reinstatement of a license, and provide 3
740	740	for the automatic reinstatement of a license after a fixed period of time. 4
741	741	Section 65. That a NEW SECTION be added to a NEW CHAPTER in title 36: 5
742	742	No person may: 6
743	743	(1) Practice cosmetology, nail technology, or esthetics without a license or a permit; 7
744	744	(2) Fail to display a license in a conspicuous place in a barber shop, booth, salon, or 8
745	745	school; 9
746	746	(3) Fail to comply with any plumbing, electrical, physical, or sanitary requirements set 10
747	747	forth in the rules promulgated by the board pursuant to chapter 1-26; 11
748	748	(4) Improperly charge or receive compensation for teaching an apprentice any of the 12
749	749	practices of cosmetology; 13
750	750	(5) Operate a school without a license, as required by this chapter; 14
751	751	(6) Employ or allow an unlicensed individual to perform work, which under this chapter 15
752	752	may be performed only by a licensed individual or permit holder; 16
753	753	(7) Operate a salon, barber shop, or booth without a license, as required in this 17
754	754	chapter; 18
755	755	(8) Practice any cosmetology or barbering service for which the board requires 19
756	756	additional continuing education, without having completed the requirement; or 20
757	757	(9) Perform any act prohibited by this chapter. 21
758	758	A violation of this section is a Class 2 misdemeanor. 22
759	759	Section 66. That a NEW SECTION be added to a NEW CHAPTER in title 36: 23
760	760	The board or any resident of this state may bring an action in circuit court for an 24
761	761	injunction to restrain: 25
762	762	(1) Any person from the practice of or education in cosmetology or barbering without 26
763	763	a license or a permit; 27
764	764	(2) The operation of any salon or school without a license; and 28
765	765	(3) The violation of any provisions or requirements of this chapter or rules adopted 29
766	766	pursuant to this chapter. 30
767	767	The board may employ counsel and expend moneys for these purposes. 31
768	768	Section 67. That a NEW SECTION be added to a NEW CHAPTER in title 36: 32 25.589.25 24 1231
769	769	Underscores indicate new language.
770	770	Overstrikes indicate deleted language.
771	771	The board shall promulgate rules, pursuant to chapter 1-26 to establish: 1
772	772	(1) Application requirements for any license or permit issued pursuant to this chapter; 2
773	773	(2) Renewal application requirements for any license or permit issued pursuant to this 3
774	774	chapter; 4
775	775	(3) Standards and requirements for any examination required by this chapter; 5
776	776	(4) Standards for plumbing, electrical, physical, and sanitary conditions for the health 6
777	777	and safety of individuals utilizing barber shops, salons, or licensed schools; 7
778	778	(5) Inspection standards and requirements for barbers, cosmetologists, estheticians, 8
779	779	nail technicians, students, apprentices, and instructors; 9
780	780	(6) Inspection standards and requirements for barber shops, booths, salons, and 10
781	781	licensed schools; 11
782	782	(7) Standards for the professional conduct of licensees and permit holders; 12
783	783	(8) Requirements for the reinstatement of lapsed licenses and lapsed renewals; 13
784	784	(9) Standards for textbooks, educational materials, and the general course of study to 14
785	785	satisfy any requirements for licensing pursuant to this chapter and criteria for 15
786	786	verifying compliance; 16
787	787	(10) Standards for the approval of barber schools; 17
788	788	(11) Requirements for the report of a student's education and work performance; 18
789	789	(12) Continuing education requirements for the renewal of a license issued pursuant to 19
790	790	this chapter and criteria for verifying compliance; 20
791	791	(13) The course and education requirements applicable to transfer students; 21
792	792	(14) Standards and requirements regarding the progress and education of an 22
793	793	apprentice; 23
794	794	(15) Requirements for the work experience of an applicant licensed in another state, 24
795	795	which may be used as a substitute for the educational requirement; 25
796	796	(16) Standards for the use of chemicals or any mechanical or electrical apparatus or 26
797	797	appliance; and 27
798	798	(17) Standards for the administration and duties of the commission. 28
799	799	Section 68. That a NEW SECTION be added to a NEW CHAPTER in title 36: 29
800	800	The board shall promulgate rules in accordance with chapter 1-26 to establish fees 30
801	801	that may not exceed: 31
802	802	(1) Eighty dollars for a second or subsequent examination; 32
803	803	(2) Fifty dollars for the reinspection of a barber shop, booth, salon, or school; 33
804	804	(3) Five dollars for a duplicate or replacement license; 34 25.589.25 25 1231
805	805	Underscores indicate new language.
806	806	Overstrikes indicate deleted language.
807	807	(4) Forty dollars for the renewal of a salon, barber shop, booth, or school license; 1
808	808	(5) One hundred dollars for an initial license for a barber, cosmetologist, esthetician, 2
809	809	and nail technician; 3
810	810	(6) One hundred dollars for a reciprocal license; 4
811	811	(7) Six dollars for a temporary permit; 5
812	812	(8) Six dollars for a student permit; 6
813	813	(9) Sixty dollars for an initial salon license; 7
814	814	(10) Sixty dollars for an initial barber shop license; 8
815	815	(11) Thirty-five dollars for an instructor license; 9
816	816	(12) Three hundred dollars for an initial school license; 10
817	817	(13) Twenty-five dollars for a license renewal; 11
818	818	(14) Twenty-five dollars for each year that a license or renewal has remained lapsed; 12
819	819	(15) Twenty dollars for the transfer of a license to another state; 13
820	820	(16) Twenty-five dollars for an apprentice license; and 14
821	821	(17) Two hundred fifty dollars for an apprentice salon initial license. 15
822	822	Any license, permit, or renewal fee that is collected by the board must be the same 16
823	823	for each respective license, permit, or renewal, regardless of the time remaining before 17
824	824	the expiration date. 18
825	825	Section 69. That chapters 36-14 and 36-15 be REPEALED. 19