SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version Senate Bill 524 History

OTHER VERSIONS  -  Committee Substitute (1)  |  Enrolled Version - Final Version  |     |  Email
Key: Green = existing Code. Red = new code to be enacted

            WEST virginia Legislature           

2016 regular session

Introduced

Senate Bill 524

By Senator Blair

[Introduced February 5, 2016;
Referred to the Committee on Government Organization.
]

A BILL to amend and reenact §30-27-1, §30-27-3, §30-27-4, §30-27-5, §30-27-8, §30-27-8a, §30-27-9, §30-27-10, §30-27-11, §30-27-12, §30-27-13, §30-27-14, §30-27-16, §30-27-17, §30-27-18 and §30-27-19 of the Code of West Virginia, 1931, as amended; and to  amend said code by adding thereto a new section, designated §30-27-8b, all relating to the Board of Barbers and Cosmetologists; and making various changes throughout the article.

Be it enacted by the Legislature of West Virginia:


That §30-27-1, §30-27-3, §30-27-4, §30-27-5, §30-27-8, §30-27-8a, §30-27-9, §30-27-10, §30-27-11, §30-27-12, §30-27-13, §30-27-14, §30-27-16, §30-27-17, §30-27-18 and §30-27-19 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated  §30-27-8b, all to read as follows:

ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.


§30-27-1. Unlawful acts.

(a) It is unlawful for any person to practice or offer to practice barbering, barber permanent waving, cosmetology, hairstyling, makeup, waxing, shampoo assistants, aesthetics, or nail care in this state without a license or certification issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that the person is a licensed or certified aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, cosmetologist crossover, hairstylist, hair braider, makeup artist, shampoo assistant, waxing specialist  or nail technician, unless the person has been licensed or obtained certification under the provisions of this article, and the license or certification has not expired, been suspended or revoked.

(b) No salon, except through a licensee or certification, may render any service or engage in any activity which if rendered or engaged in by an individual, would constitute the practices licensed or certified under the provisions of this article.

(c) No school, except through a licensee certified instructor, may instruct, render any service or engage in any activity which if taught, rendered or engaged in by an individual, would constitute the practices licensed under the provisions of this article.


§30-27-3. Definitions.

As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise:

(a) AAesthetics@ or Aesthetics@ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

(1) Administering cosmetic treatments to enhance or improve the appearance of the skin, including cleansing, toning, performing effleurage or other related movements, stimulating, exfoliating or performing any other similar procedure on the skin of the human body or scalp;

(2) Applying, by hand or with a mechanical or electrical apparatus, any cosmetics, makeups, oils, powders, clays, antiseptics, tonics, lotions, creams or chemical preparations necessary for the practice of aesthetics to another person=s face, neck, back, shoulders, hands, elbows and feet up to and including the knee;

(3) The rubbing, cleansing, exercising, beautifying or grooming of another person=s face, neck, back, shoulders, hands, elbows and feet up to and including the knee;

(4) The waxing, tweezing and threading of hair on another person=s body;

(5) The wrapping of another person=s body in a body wrap;

(6) Applying artificial eyelashes and eyebrows; and

(7) The lightening of hair on the body except the scalp.

(b) AAesthetician@ or Aesthetician@ means a person licensed under the provisions of this article who engages in the practice of aesthetics and has completed six hundred clock hours of training.

 (c) AApplicant@ means a person making application for a professional license, license, certificate, registration, permit or renewal under the provisions of this article.

(d) ABarber@ means a person licensed under the provisions of this article who engages in the practice of barbering and has completed a twelve hundred clock hour barber training program without chemical services or a fifteen hundred clock hour barber training program with chemical services, or has successfully completed the barber apprenticeship program.

(e) ABarbering@ means any one or any combination of the following acts when done on the human body head and neck for compensation and not for the treatment of disease:

(1) Shaving, shaping and trimming the beard, or both;

(2) Cutting, singeing, shampooing, arranging, dressing, tinting, bleaching, or applying lotions or tonics on human hair, or a wig or hairpiece; and

(3) Applications, treatments or rubs of the scalp, face, or neck with oils, creams, lotions, cosmetics, antiseptics, powders, or other preparations in connection with the shaving, cutting or trimming of the hair or beard.

(f) ABarber crossover@ or Acosmetologist crossover@ is a person who is licensed to perform barbering and cosmetology has completed twelve hundred or fifteen hundred clock hours of training, is licensed as a barber, and completed additional hours of training in nails, aesthetics and/or chemical services, to the total amount of twenty-one hundred hours, to perform cosmetology.

(g) ABarber permanent waving@ means the following acts done on the human body for compensation and not for the treatment of disease:

(1) The bleaching or tinting of hair; and

(2) The permanent waving of hair.

(h) ABarber permanent wavist@ means a person licensed to perform barbering and barber permanent waving who has completed two thousand clock hours of training and was licensed to perform barbering and barber permanent waiving enrolled by August 28, 2012.

(i) ABoard@ means the West Virginia Board of Barbers and Cosmetologists.

(j) ACertificate@ means an instructor certificate to teach in a school under the provisions of this article or a document issued by the board for certification obtained pursuant to section eight-b of this article.

(k) ACertificate holder@ means a person certified as an instructor to teach in a school under the provisions of this article or who has obtained a certification pursuant to section eight-b of this article.

(l) ACosmetologist@ means a person licensed under the provisions of this article who engages in the practice of cosmetology and who has completed eighteen hundred clock hours of training.

(m) ACosmetology@ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

(1) Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, curling, waving, permanent waving, relaxing, straightening, shampooing, cleansing, singeing, bleaching, tinting, coloring, waxing, tweezing, or similarly work on human hair, or a wig or hairpiece, by any means, including hands, mechanical or electrical devices or appliances;

(2) Nail care;

(3) Applying by hand or with a mechanical or electrical device or appliance, any cosmetics, makeups, oils, powders, clays, antiseptics, tonics, lotions, creams or chemical preparations necessary for the practice of aesthetics to another person=s face, neck, shoulders, hands, elbows and feet up to and including the knee;

(4) The rubbing, cleansing, exercising, beautifying or grooming of another person=s face, neck, shoulders, hands, elbows and feet up to and including the knee;

(5) The wrapping of another person=s body in a body wrap; and

(6) Performing aesthetics.

(n) “Cosmetology crossover” is a person who has completed eighteen hundred clock hours of training, is licensed as a cosmetologist and completes an additional three hundred hours of training, in clipper cuts and face shaving, to perform barbering, for a total of twenty-one hundred hours.

(n) (o) AGeneral supervision@ means:

(1) For schools, a master or certified instructor is on the premises and is quickly and easily available; or

(2) For salons, a professional licensee is on the premises and is quickly and easily available.

(o) AHair braiding@ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease: Braiding, plaiting, twisting, wrapping, threading, weaving, extending or locking of natural human hair by hand or mechanical device.

(p) "Hair Styling" means any one or any combination of the following acts when done on the human body head and neck for compensation and not for the treatment of disease:

(1) Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, curling, facial hair trimming, scalp treatments, waving, permanent waving, relaxing, straightening, shampooing, cleansing, singeing, bleaching, tinting, coloring, waxing, tweezing, threading or similarly work on human hair, or a wig or hairpiece, by any means, including hands, mechanical or electrical devices or appliances;

(2) The rubbing, cleansing, exercising, beautifying or grooming of another person's face, neck, shoulders, hands, elbows and feet up to and including the knee.

(q) AHair Stylist@ means a person licensed under the provisions of this article who engages in the practice of hair styling and who has completed one thousand clock hours of training, effective July 1, 2016.

(r) ALicense@ means a professional license, a salon license or a school license.

(s) ALicensed school@ means a facility which has been approved by the West Virginia Council for Community and Technical College Education (CCTC), Department of Education in conjunction with CCTC or Department of Education with the Department of Corrections pursuant to section nine, article two-b, chapter eighteen-b of this code, to educate persons to be licensed or issued certain permits under the provisions of this article.

(t) ALicensee@ means a person, corporation or firm holding a license issued under the provisions of this article.

(u) ANail care@ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

(1) The cleansing, dressing, or polishing of nails of a person;

(2) Performing artificial nail service; and

(3) The cosmetic treatment of the feet up to the knee and the hands up to the elbow.

(v) ANail technician@ or Amanicurist@ means a person licensed under the provisions of this article who engages in the practice of nail care and has completed four hundred clock hours of training.

(w) APermit@ means a work permit.

(x) APermitee@ means a person holding a work permit.

(y) AProfessional license@ means a license to practice as an aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, cosmetologist crossover, hairstylist or nail technician.

(z) ARegistration@ means a registration issued by the board to a person who rents or leases a booth or chair from a licensed salon owner and operator, or both, or a registration issued by the board to a person who is a student in a school.

(aa) ARegistrant@ means a person who holds a registration under the provisions of this article.

(bb) ASalon@ means a shop or other facility where a person practices under a professional license.

(cc) ASalon license@ means a license to own and operate a salon.

(dd) AStudent registration@ means a registration issued by the board to a student to study at a school licensed under the provisions of this article.

(ee) “Makeup Artist” means a person certified under the provisions of this article who engages in the practice of applying makeup and lashes.

(ff) “Waxing Specialist” means a person certified under the provisions of this article who engages in the practice of waxing, tweezing and threading of hair on another person's body.

(hh) “Shampoo Assistant” means a person certified under the provisions of this article who engages in the practicing of shampooing and rinsing hair; removing rollers or permanent rods and cleansing or other sink related functions not requiring the skill of a license. They must work at all times under the direct supervision of a licensed barber, hairstylist or cosmetologist.

(ii) Hair braiding, threading and any other item not spelled out are not regulated by the West Virginia Board of Barbers and Cosmetologists.


§30-27-4. Board of Barbers and Cosmetologists.

(a) The West Virginia Board of Barbers and Cosmetologists is continued. The members of the board in office on July 1, 2014 2016, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.

(b) The Governor, by and with the advice and consent of the Senate, shall appoint:

(1) One licensed cosmetologist;

(2) One licensed barber or barber permanent wavist;

(3) One licensed barber crossover or licensed barber permanent wavist;

(4) (3) One licensed aesthetician who is not a cosmetologist;

(5) (4) One licensed nail technician who is not a cosmetologist;

(6)(5) One representative from a privately owned beauty school licensed by the West Virginia Council for Community and Technical College Education (CCTC), Department of Education in conjunction with CCTC or Department of Education with the Department of Corrections, who is not an active personal licensee holder or active marketplace participant; and

(7)(6) One Four citizen members representing the public, evenly distributed among the congressional districts as practicable.

(c) After the initial appointment term, the term shall be for five years. All appointments to the board shall be made by the Governor by and with the advice and consent of the Senate.

(d) Each licensed member of the board, at the time of his or her appointment, must have held a professional license in this state for a period of not less than three years immediately preceding the appointment.

(e) Each member of the board must be a resident of this state during the appointment term.

(f) A member may not serve more than two consecutive full terms. A member may continue to serve until a successor has been appointed and has qualified. A member serving on the board on June 30, 20142016, may be reappointed in accordance with the provisions of this section.

(g) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant and the appointment shall be made within sixty days of the vacancy.

(h) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.

(i) A member of the board immediately and automatically forfeits membership to the board if his or her license to practice is suspended or revoked, is convicted of a felony under the laws of any jurisdiction or becomes a nonresident of this state or if the representative of the private schools reinstates their personal license or any citizen member becomes licensed with the West Virginia Board of Barbers and Cosmetologists.

(j) The board shall elect annually one of its members as chairperson who serves at the will of the board.

(k) Each member of the board is entitled to compensation and expense reimbursement in accordance with article one of this chapter.

(l) A majority of the members of the board constitutes a quorum.

(m) The board shall hold at least two annual meetings. Other meetings may be held at the call of the chairperson or upon the written request of two members, at the time and place as designated in the call or request.

(n) Prior to commencing his or her duties as a member of the board, each member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.


§30-27-5. Powers and duties of the board.

(a) The board has all the powers and duties set forth in this article, by rule, provided such rule does not contradict the provisions of this article and does not exceed the authorities granted in this article; in article one of this chapter and elsewhere in law.

(b) The board shall:

(1) Hold meetings, conduct hearings and administer examinations;

(2) Establish requirements for licenses, permits, certificates and registrations;

(3) Establish procedures for submitting, approving and rejecting applications for licenses, permits, certificates and registrations;

(4) Determine the qualifications of any applicant for licenses, permits, certificates and registrations;

(5) Prepare, conduct, administer and grade examinations for professional licenses and certificates: Provided, That the examinations must meet national standards.

(6) Determine the passing grade for the examinations;

(7) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examinations and the pass and fail rate;

(8) Set operational standards and requirements for licensed schools: Provided, That a licensed school shall have a minimum of one chair per student, available during practical instruction.

(9) Hire, discharge, establish the job requirements and fix the compensation of the executive director;

(10) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees, investigators/inspectors and contracted employees necessary to enforce the provisions of this article: Provided, That any investigator/inspector employed by the board on July 1, 2009, shall retain their coverage under the classified service, including job classification, job tenure and salary, until that person retires or is dismissed: Provided, however, That nothing may prohibit the disciplining or dismissal of any investigator/inspector for cause;

(11) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;

(12) Establish the criteria for the training of investigators/inspectors;

(13) Set the requirements for investigations and inspections;

(14) Conduct disciplinary hearings of persons regulated by the board;

(15) Determine disciplinary action and issue orders;

(16) Institute appropriate legal action for the enforcement of the provisions of this article;

(17) Report violations of the provisions of this article, and legislative rules promulgated pursuant to this article, alleged to have been committed by a licensed school to the West Virginia Council for Community and Technical College Education or the Department of Education. The board may continue to investigate any alleged violation that it receives by May 1, 2013, and shall conclude any such investigation by July 1, 2013. If the board determines that probable cause exists that a violation occurred, the board immediately shall advise and provide its investigation file to the West Virginia Council for Community and Technical College Education or the Department of Education;

(18) Maintain an accurate registry of names and addresses of all persons regulated by the board;

(19) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;

(20) Establish the continuing education requirements for professional licensees and certificate holders;

(21) Issue, renew, combine, deny, suspend, revoke or reinstate licenses, permits, certificates and registrations;

(22) Establish a fee schedule;

(23) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and

(24) Take all other actions necessary and proper to effectuate the purposes of this article.

(c) The board may:

(1) Establish joint licenses;

(2) Contract with third parties to administer the examinations required under the provisions of this article;

(3) Sue and be sued in its official name as an agency of this state;

(4) Confer with the Attorney General or his or her assistant in connection with legal matters and questions.

(d) Notwithstanding any other provision of this code, the board may not restrict a certificate holder or licensee from practicing his or her licensed craft at temporary on-site events in connection with, but not limited to, fairs, carnivals, weddings, pageants, or photographs: Provided, That the certificate holder or licensee is compliant with all other prescribed requirements and rules under this code and they have notified the board of the date, time and place of the event.  If an out-of-state licensee works in a temporary capacity, less than five days, in connection with an event or temporary commercial enterprise, they may be granted a temporary permit to work after submitting their current license certification to this state and paying the applicable fee.


§30-27-8. Professional license requirements.

(a) An applicant for a professional license to practice as an aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, hair stylist, cosmetologist crossover or nail technician shall present satisfactory evidence that he or she:

(1) Is at least eighteen years of age;

(2) Is of good moral character;

(3) Has a high school diploma, a GED, or has passed the Aability to benefit test@ approved by the United States Department of Education;

(4) Has graduated from a licensed school which has been approved by the West Virginia Council for Community and Technical College Education (CCTC),  Department of Education in conjunction with CCTC or Department of Education with the Department of Corrections or has completed education requirements in another state and meets the licensure provisions of the board;

(5) Has passed an examination that tests the applicant=s knowledge of subjects specified by the board: Provided, That the board may recognize a certificate or similar license in lieu of the examination or part of the examination that the board requires: Provided however, That any examination meets national standards;

(6) Has paid the applicable fee;

(7) Presents a certificate of health from a licensed physician;

(8) Is a citizen of the United States or is eligible for employment in the United States; and

(9) Has fulfilled any other requirement specified by the board.

(b) A license to practice issued by the board prior to July 1, 2009 2016, shall for all purposes be considered a professional license issued under this article: Provided, That a person holding a license issued prior to July 1, 2009 2016, must renew the license pursuant to the provisions of this article.


§30-27-8a. Barber apprentice.

(a) The board may establish an apprenticeship program to become a barber. A barber apprentice shall work at all times under the direct supervision of a licensed barber and any permit issued by the board to work as a barber apprentice does not allow a person to practice individually as a barber.

(b) An applicant for a barber apprenticeship shall present satisfactory evidence that he or she:

(1) Is at least eighteen sixteen years of age;

(2) Is of good moral character;

(3) Is in high school or has a high school diploma, a GED, or has passed the Aability to benefit test@ approved by the United States Department of Education;

(4) Has paid the applicable fee;

(5) Has a certificate of health from a licensed physician;

(6) Is a citizen of the United States or is eligible for employment in the United States; and

(7) Has fulfilled any other requirement specified by the board.

(c) An applicant for a sponsor of a barber apprentice shall present satisfactory evidence that he or she:

(1) Is licensed as a barber under the provisions of this article;

(2) Has paid the applicable fee; and

(3) Has fulfilled any other requirement specified by the board.

(d) A sponsor of a barber apprentice shall be a current licensed barber with at least five years’ experience and has worked in a shop for the last five years.

(d)(e) The board may propose emergency rules and rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this section, including:

(1) The requirements for:

(A) The barber apprenticeship program;

(B) The barber apprentice permit; and

(C) A licensed barber to sponsor a barber apprentice;

(2) Procedures for an examination;

(3) A fee schedule; and

(4) Any other rules necessary to effectuate the provisions of this section.

§ 30-27-8b.  Certifications.


(a) The board shall issue a certification to an applicant who obtains training at a licensed school or continuing education provider, in West Virginia, in the following areas:

(1) Waxing Specialist;

An applicant for a waxing specialist shall present satisfactory evidence that he or she:

(A) Is at least eighteen years of age;

(B) Is of good moral character;

(C) Has a high school diploma, a GED, or has passed the “ability to benefit test” approved by the United States Department of Education;

(D) Has paid the applicable fee;

(E) Has a certificate of health from a licensed physician;

(F) Is a citizen of the United States or is eligible for employment in the United States;

(G) Has completed a 100 hour class that consists of: Professional Requirements, Safety and Health, Skin Structure, Disorders and Diseases, Removal of Superfluous Hair and 25 hours on the Clinic floor, supervised, for a total of 125 hours;

(H) If not currently licensed, must take the WV State law test; and

(I) Has fulfilled any other requirement specified by the board.

(2) Make-up Artist;

An applicant for a make-up artist shall present satisfactory evidence that he or she:

(A) Is at least eighteen years of age;

(B) Is of good moral character;

(C) Has a high school diploma, a GED, or has passed the “ability to benefit test” approved by the United States Department of Education;

(D) Has paid the applicable fee;

(E) Has a certificate of health from a licensed physician;

(F) Is a citizen of the United States or is eligible for employment in the United States;

(G) Has completed a 50 hour class that consists of: State law/Regulatory rules, Professionalism, ethics and conduct, Infection control/safety/sanitation, Makeup and color theory, Basic makeup application, and Specialty makeup and 25 hours on the Clinic floor, supervised, for a total of 75 hours;

(H) If not currently licensed, must take the West Virginia test; and

(I) Has fulfilled any other requirement specified by the board.

(b) The board shall issue any barber the 1500 clock hour level licensure who has previously completed a 1200 clock hour training program and who subsequently completes a 300 clock hour certification program, in chemical services.


§30-27-9. Professional license from another state; license to practice in this state.

(a) The board may issue a professional license to practice to an applicant of good moral character who holds a valid license or other authorization to practice in that particular field from another state, if the applicant demonstrates that he or she:

(1) Holds a license or other authorization to practice in another state which was granted after completion of educational requirements substantially equivalent to those required in this state and passed an examination that is substantially equivalent to the examination required in this state;

(2) Does not have charges pending against his or her license or other authorization to practice, and has never had a license or other authorization to practice revoked;

(3) Has not previously failed an examination for professional licensure in this state;

(4) Has paid the applicable fee;

(5) Is at least eighteen years of age;

(6) Has a high school diploma, a GED, or has passed the “ability to benefit test” approved by the United States Department of Education;

(5) (7) Is a citizen of the United States or is eligible for employment in the United States;

(6) (8) Has presented a certificate of health issued by a licensed physician; and

(7) (9) Has fulfilled any other requirement specified by the board.

(b) In its discretion, the board may examine a person by a written, oral or skills test for licensing under this section, and may enter into agreements for reciprocal licensing with other jurisdictions having substantially similar requirements for licensure.

(c) The provisions of this section do not apply to nail technicians or manicurists from another state or jurisdiction. A nail technician or manicurist from another state or jurisdiction is required to show that he or she has completed the required curriculum and has successfully passed the board=s practical skills examination to apply for licensure under the provisions of this article.


§30-27-10. Professional license and certificate renewal requirements.

(a) A professional licensee and certificate holder shall annually or biennially on or before January 1, renew his or her professional license or certificate by completing a form prescribed by the board, paying the renewal fee and submitting any other information required by the board.

(b) The board shall charge a fee for each renewal of a license or certificate, and a late fee for any renewal not paid by the due date.

(c) The board shall require as a condition of renewal of a professional license or certificate that each licensee or certificate holder complete continuing education: Provided, That a barber who has been licensed for twenty years or more is exempt from the continuing education requirement of this subsection but must take a three hour sanitation every other year up to twenty years: Provided, however, That the board shall approve for continuing education credit any education course providing instruction in any curriculum, subject matter or discipline included in the education required for licensure that is submitted to the board or offered by:

(1) A licensed school or instructor, outside of school instruction;

(2) A manufacturer or distributor of barbering, aesthetics, nail technology or cosmetology products;

(3) A barber or cosmetology trade organization; or

(4) Any course offered at an accredited private or public university, college or community college in this state that relates to the profession or a general business class.

(d) The board may deny an application for renewal for any reason which would justify the denial of an original application for a license or certificate.

(e) The board shall recognize reciprocity for military barbers for the purpose of the state examination for barbers.


§30-27-11. Work permit.

(a) The board may issue a work permit to practice to an applicant who meets the following conditions:

(1) Has graduated from a licensed school approved by the West Virginia Council for Community and Technical College Education (CCTC), Department of Education in conjunction with CCTC or Department of Education with the Department of Corrections or has completed education requirements in another state and meets the licensure provisions of the board;

(2) Is waiting to take the examination;

(3) Has employment in the field in which he or she applied to take the examination and is working under the general supervision of a professional licensee;

(4) Has paid the work permit fee;

(5) Has presented a certificate of health issued by a licensed physician;

(6) Is a citizen of the United States or is eligible for employment in the United States; and

(7) Meets all the other requirements specified by the board.

(b) A work permit expires at the end of the month after issuance following the next examination in the specific field. A work permit may be renewed once.

(c) While in effect, a work permitee is subject to the restrictions and requirements imposed by this article.


§30-27-12. Student registration.

(a) Prior to commencing studies in a licensed school, a student shall acquire a student registration issued by the board.

(b) An applicant for a student registration shall present satisfactory evidence that he or she meets the following conditions:

(1) Is enrolled as a student in a licensed school;

(2) Is of good moral character;

(3) Has paid the required fee;

(4) Has presented a certificate of health issued by a licensed physician; and

(5) Is a citizen of the United States or is eligible for employment in the United States.

(c) The student registration is good during the prescribed period of study for the student.

(d) The student may perform acts constituting barbering, barber permanent waving hairstyling, cosmetology, aesthetics or nail care in a school under the general supervision of a master or certified instructor.


§30-27-13. Display of professional license and permits.

(a) The board shall prescribe the form for a professional license and work and student permits, including a photograph, and may issue a duplicate license or permit, upon payment of a fee.

(b) Every professional licensee and work permitee shall display his or her license or permit in a conspicuous place at his or her work station.

(c) Every student shall have available his or her student permit and be able to produce it upon request.

(d) Every professional licensee, work permitee, or certificate holder, or student must present such license, permit, certification or registration to an investigator/inspector or a board member upon request.


§30-27-14. Health certificate requirements.

(a) It is unlawful for a person to practice as a professional licensee, certificate holder or be a permitee or be a certified instructor while having an infectious, contagious or communicable disease.

(b) The board may, with cause, require a professional licensee, permitee, certificate holder or certified instructor to submit to a physical examination and file a certificate of health.


§30-27-16. Certification requirements to be an instructor in a school.

(a) The board may issue a certificate to be an instructor in a school to an applicant who meets the following requirements:

(1) Meets the educational requirements established by the board;

(2) Has completed the required instructor=s training passed a course in teaching techniques at a post-secondary educational level;

(3) Has passed the instructor examination;

(4) Has paid the appropriate fees;

(5) Presents a certificate of health from a licensed physician;

(6) Is a citizen of the United States or is eligible for employment in the United States; and

(7) Has fulfilled any other requirement specified by the board.

(b) All instructor certifications must be renewed annually or biennially on or before January 1, and pay a renewal fee.

(c) A certification to be an instructor issued by the board prior to January 1, 2009, shall for all purposes be considered a certification issued under this article: Provided, That a person holding a certification issued prior to January 1, 2009, must renew the certification pursuant to the provisions of this article.

(d) An instructor with an expired certificate must comply with the following to renew his or her certificate:

(1) Notify the board that he or she wants to be placed on inactive status; or

(2) Pay all lapsed renewal fees;

(3) Present a new certificate of health; and

(4) Meet the qualifications for certification set out in this article.

(e) A certified instructor is not required to have an active professional license, unless the instructor is in fact practicing outside the scope of his or her employment as an instructor.


§30-27-17. Salon license requirements.

(a) Prior to opening a salon, any person, firm or corporation owning and/or operating a salon, and any person, firm or corporation practicing in a field authorized by this article, shall meet the following requirements to acquire a salon license to do business:

(1) The salon has been approved by the board as having met all the requirements and qualifications for the place of business as are required by this article;

(2) Notify the board, in writing, at least twenty days before the proposed opening date, so there can be an inspection of the salon: Provided, That if an inspection is not made within ten days of the opening of the salon, or a salon license to open has not been granted or refused, then the salon may open provisionally subject to a later inspection and to all other provisions and rules provided for in this article;

(3) Pay all applicable fees;

(4) All rooms, facilities, bathrooms, toilets and adjoining rooms used in the place of business are kept clean, sanitary, well lighted and ventilated at all times. The use of chunk alum, powder puffs and styptic pencils in any shop is prohibited;

(5) Every professional licensee, certificate holder, or permitee in the place of business thoroughly cleans his or her hands with soap and water immediately before serving any patron; and

(6) Every patron is served with clean, freshly laundered linen that is kept in a closed cabinet used for that purpose only. All linens, immediately after being used, must be placed in a receptacle used for that purpose only.

(b) All rules shall be kept posted in a conspicuous place in each place of business.

(c) All salon licenses must be renewed annually or biennially on or before July 1 and pay a renewal fee.

(d) A license to operate a salon issued by the board prior to July 1, 2009, shall for all purposes be considered a salon license issued under this article: Provided, That a person holding a license issued prior to July 1, 2009, must renew the license pursuant to the provisions of this article.

(e) The salon license shall be permanently displayed in the salon, and a suitable sign shall be displayed at the main entrance of the salon which shall plainly indicate what type of salon is being operated.


§30-27-18. Salon management requirements.

(a) Every salon in this state offering the services set forth in this article shall be operated under the supervision and management of a professional licensee or certificate holder licensed under this article.

(b) Any services set forth in this article may be conducted within the same salon. A suitable sign shall be displayed at the main entrance of all salons plainly indicating the business conducted therein.


§30-27-19. Booth or chair rental registration requirements.

(a) Any professional licensee or certificate holder who elects to rent or lease a booth or chair from a licensed salon owner and/or operator must comply with the following to receive a registration from the board:

(1) Register with the board;

(2) Register with the state Tax Division and present the registration to the board;

(3) Pay a registration fee;

(4) Notify the board of the length of any rental or lease agreement;

(5) State the name of the person or salon from which a chair or booth is being rented or leased; and

(6) State the effective date of the rental or lease.

(b) If a person registered with the board pursuant to this section elects to move from one salon to rent or lease a chair or booth from another salon, then he or she must register again with the board and pay a fee.

(c) Each licensed salon owner and/or operator who elects to rent or lease chairs or booths shall notify the board in writing of such rental or lease within ten days of the effective date of the rental or lease.

(d) The board shall quarterly notify the State Tax Commissioner of all persons registered pursuant to this section during the previous quarter. Such notice shall be in writing and shall include the following:

(1) The names of all the registered professional licensees or certificate holders;

(2) The names of the salons where space is being rented or leased; and

(3) The length of time of each rental or lease agreement.

(e) All registrations must be renewed annually or biennially on or before July 1 and pay a renewal fee.

(f) A registration to rent or lease a booth or chair issued by the board prior to July 1, 2009, shall for all purposes be considered a registration issued under this article: Provided, That a person holding a registration to rent or lease a booth or chair issued prior to July 1, 2009, must renew the registration pursuant to the provisions of this article.


 

 

 

NOTE: The purpose of this bill is to rewrite the barber and cosmologists article including the creation of certificate holders; changing definitions and licensing requirements and other technical changes.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print