H. B. 2808


(By Delegates Kuhn, Collins,
Frederick and Perdue)

[Introduced February 17, 1999; referred to the
Committee on Government Organization then Finance.]



A BILL to amend and reenact sections one, two, three, four, five, six, seven, eight, nine, ten, ten-a, eleven, twelve and sixteen, article twenty-seven, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the board of barbers and cosmetologists; removing salary of board director; adding aestheticians and cosmetology and changing beauty culture to cosmetology; changing method of paying board members; requiring board to establish curriculum for establishment of a shampoo assistant; changing qualifications of applicants and fees; changing renewal of license fees; distinguish barber shop and beauty salon; and requiring licensed instructors to be licensed for active practice or service.

Be it enacted by the Legislature of West Virginia:
That sections one, two, three, four, five, six, seven, eight, nine, ten, ten-a, eleven, twelve and sixteen, article twenty-seven, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.
§30-27-1. Board of barbers and cosmetologists; appointment, qualifications and terms of board members; compensation and expenses of members; powers and duties of board.
(a) The board of barbers and beauticians heretofore established is continued and shall be known henceforth as the board of barbers and cosmetologists. The annual salary of the director of such board shall be thirty-one thousand seven hundred ninety-six dollars. All members of the board, serving for a term which has not expired on the effective date of this article, shall continue to serve the terms for which they were appointed. The board shall promulgate rules pursuant to the provisions of article three, chapter twenty-nine-a of this code, pertaining to the licensure and qualifications of barbers, cosmetologists, and manicurists and aestheticians and curricula and standards of instruction for schools of barbering and beauty culture cosmetology. The board shall aid and assist in the enforcement of all rules in accordance with the provisions of article fourteen, chapter sixteen of this code. The board shall consist of four professional members to be appointed by the governor, by and with the advice and consent of the Senate, and one lay member to be appointed in accordance with the provisions of section four-a, article one of this chapter. Of the four professional members, one shall be an employing barber, one an employee barber, one an employing cosmetologist and one an employee cosmetologist. Each professional member of the board shall have been engaged within this state in the practice of barbering or beauty culture cosmetology, as the case may be, for a period of five years prior to his or her appointment and no more than two of the four professional members may belong to the same political party. No member of the board shall may own or have a pecuniary interest in a barber or beauty culture school licensed by or doing business within this state or shall be employed by such an institution.
(b) On or before the thirtieth day of June of each year, the governor shall appoint one member of the board to serve for a term of four years, to begin on the first day of July. No professional member of the board may serve for more than two complete terms.
(c) The board shall designate one of its members as chairperson.
(d) Each member of the board shall receive as compensation a per diem of fifty dollars for each day of attendance at board sessions. but the compensation for each member shall not exceed the sum of three thousand dollars in any calendar year Each member shall be reimbursed for actual and necessary expenses incurred in the performance of his or her duties, which may not exceed the amount paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion of a day engaged in the discharge of their official duties.
(e) The board or its designees shall examine all applicants for licensure and shall issue licenses to those entitled thereto and collect examination and licensure fees, in accordance with regulations promulgated by the board of health pursuant to article fourteen, chapter sixteen of this code or the board of barbers and cosmetologists.
(f) It is unlawful for any person to practice or offer to practice barbering, beauty culture cosmetology, or manicuring, or aesthetics in this state without first obtaining a license for such purposes from the board of barbers and cosmetologists.
(g) The board shall have the power to may promulgate rules generally regarding the practice and conduct of barbering and beauty culture cosmetology, including, but not limited to, the procedures, criteria and curricula for examination and qualifications of applicants for licensure, and for the licensing of instructional personnel for schools of barbering and beauty culture cosmetology, and the practice and conduct of aestheticians.
(h) The board shall create a curriculum for the establishment of a shampoo assistant by lawfully promulgated legislative rule.
The power of the board to promulgate such rules shall be is concurrent with that of the board of health as authorized in article fourteen, chapter sixteen of this code: Provided, That in the case of conflicting provisions regarding requirements for health and sanitation, the rule or regulation of the board of health shall be deemed to apply applies. The board of health and the board of barbers and cosmetologists shall for a reasonable fee make available upon request to any licensee a copy of such the rules.
§30-27-2. Revocation of license for violation.

For violation of any regulation authorized by the terms of this article or promulgated by the board of health, the board of barbers and beauticians cosmetology may cancel and revoke the license issued such the violator, and may refuse to renew or reissue the same.
§30-27-3. Qualifications of applicants; fees; examinations; licensure.

An applicant for licensure as a barber, beautician cosmetologists, or manicurist or aesthetician shall must present satisfactory evidence that he or she is at least eighteen years of age, of good moral character and temperate habits, has completed at least the eighth twelfth grade of school, or the equivalent thereof, and has been graduated from a school of barbering or beauty culture cosmetology approved by the state board of barbers and beauticians cosmetologists, or in the case of a manicurist or aesthetician has successfully completed an approved course in manicuring in such a school, and shall transmit with his application an examination fee of twenty-five dollars in an amount established by the board by legislative rule. The examination shall be of such character as to determine the qualifications and fitness of the applicant to practice barbering, beauty culture cosmetology, or manicuring or aesthetics as defined by this article, and shall cover such subjects germane to the inquiry as the board may deem considers proper. If an applicant for licensure as a barber, or beautician cosmetology, manicurist or aesthetician successfully passes such the examination and presents a certificate of health from a licensed physician and is otherwise qualified as required by this section, the board shall license the applicant as a duly qualified barber, or beautician cosmetologist. Any applicant for license licensure as a manicurist or aesthetician may be licensed as a duly qualified manicurist after he the applicant has passed the examination. The board shall charge twenty-five dollars for the issuance of a license establish the fees for issuance of a manicurist or aesthetician license by legislative rule.
The state board of barbers and beauticians shall promulgate rules and regulations to establish a joint barber-beautician license.
Any person who meets the requirements of this section as to age, character and health, who is a graduate of a recognized school of barbering or beauty culture cosmetology in another state, or has successfully completed an approved course in manicuring or aesthetics, in such a school and who holds a current license as a registered barber, beautician cosmetologist, or manicurist or aesthetician in another state, may file with the board an application for licensure without examination, together with a fee of fifty dollars in an amount established by legislative rule. If in the opinion of the board such applicant has had a prescribed course of instruction in barbering, beauty culture or cosmetology, manicuring or aesthetics equivalent to that required in this state at the time such course was completed, or is otherwise properly qualified, the board may without examination issue to such applicant a license as a duly qualified barber, beautician cosmetologist or manicurist.
§30-27-4. Renewal of license; fee; penalty for late renewal; withdrawal from active practice.

Every licensed barber, beautician cosmetologist, or manicurist or aesthetician who desires to continue in active practice or service shall must, annually upon or before the first day of January, renew his or her license and pay an annual renewal fee of twenty-five dollars in amount established by the board by legislative rule. For any renewal which is more than thirty days late, a penalty of five dollars shall be added to the regular renewal fee, and an additional five dollar penalty for each successive thirty-day period said the renewal fee is late, not to exceed a total renewal fee of two hundred five dollars. Any license not renewed for three successive years shall be deemed inactive and shall not be is liable for additional renewal fees, and but may be reactivated by written request to the board and payment of any accrued unpaid renewal fees, not to exceed a total renewal fee of two hundred five dollars. Every licensed barber, beautician or manicurist who does not desire to continue in active practice shall notify the board in writing, and shall, during such period, be listed by the board as being inactive, and shall not be required to renew his or her license until such time as he or she shall again become active, and during such inactive period he or she shall not be liable for any renewal fees.
§30-27-5. Student's permit; qualifications; fee.

All students, before entering upon their studies in approved schools of barbering or beauty culture cosmetology in this state, shall must apply for and receive a student's permit from the board. The application shall must be upon forms provided by the board and shall include a health certificate from a duly licensed physician. An applicant for licensure as a student shall must present satisfactory evidence that he or she is at least seventeen years of age, of good moral character and temperate habits, and has completed at least the eighth twelfth grade of school or the equivalent thereof. Upon receipt of a fee of five dollars established by the board by legislative rule, the board shall license each qualified applicant as a student barber, beautician cosmetologist, or manicurist or aesthetician and shall issue the appropriate student's permit, which shall be is good during the prescribed period of study for such the student. A student may perform any or all acts constituting barbering, beauty culture cosmetology, or manicuring or aesthetics in a school of barbering or beauty culture cosmetology under the immediate supervision of a registered instructor, but not otherwise.
§30-27-6. Display of license.

Every person practicing barbering, beauty culture cosmetology, or manicuring or aesthetics and every student shall must display his that person's license or renewal thereof in a conspicuous place in the shop wherein he where that person practices or is employed and whenever required shall must exhibit such the license to the state board of barbers and beauticians cosmetolog ists or its authorized representative.
§30-27-7. Shop to be managed by licensed barbers and beauticians; sign.

Every barber shop or beauty shop salon in this state shall must be operated under the supervision and management of a barber or beautician cosmetologist who is licensed as such in this state. A barbershop barber shop and a beauty shop salon may be conducted within the same shop. A suitable sign shall must be displayed at the main entrance of all barber shops and beauty, shops manicuring and aesthetic salons plainly indicating the business conducted. therein
§30-27-8. License to own or operate schools of barbering or cosmetology; application for license; qualifications; inspection; license fee; rules; suspension, etc., of license; qualifications and registration of instructors; registration fee; administrative procedures.

No person, firm or corporation, whether public or private, and whether organized for profit or not, shall may own or operate a school of barbering or beauty culture cosmetology in this state without first obtaining a license so to do from the board. The application for such the license shall must be made in writing on forms prescribed and furnished by the board and shall must be signed and verified by the applicant. The applicant shall must, in addition to such other information as may be reasonably required by the board, furnish evidence that: (a) The applicant is professionally competent and financially responsible; (b) adequate physical facilities will be available for the school; and (c) persons teaching or instructing therein are licensed by the board as fully qualified instructors. If an applicant desires to own or operate more than one school of barbering or beauty culture cosmetology, a separate application shall must be made and a separate license shall be issued for each.
All applicants for a license to own or operate a school of barbering or beauty culture cosmetology shall must permit an inspection of such the proposed school by the inspectors appointed pursuant to subsection (d), section one, article fourteen, chapter sixteen of this code to determine whether it is properly fitted and equipped for instruction in barbering or beauty culture cosmetology. The board of health shall promulgate reasonable rules and regulations to implement and make effective the powers, duties and responsibilities vested in such that board in connection with the licensing of schools of barbering and beauty culture cosmetology. If the applicant has met all of the standards and qualifications prescribed herein by the board of health and has complied with the rules and regulations pertaining to the issuance of the license applied for, the board shall must issue such the license to the applicant. Thereafter, the board may suspend, revoke or refuse to renew the license of a school whenever it fails to meet the minimum standards and qualifications required for the issuance of an original license. The director of health or his designees shall administer and enforce such the actions of the board.
The initial license fee and subsequent annual renewal fees for each school of barbering and for each school of beauty culture cosmetology shall be five hundred dollars and the annual renewal fee shall be two hundred fifty dollars established by the board by legislative rule to be paid in such the manner as the board may prescribe prescribes, on or before January first of each year. The license shall must be permanently displayed in the school, and a suitable sign shall must be kept on the front of the school which shall must plainly indicate that a school of barbering or beauty culture cosmetology is operated therein in the school.
The board of barbers and beauticians cosmetologists shall must promulgate reasonable rules and regulations prescribing the standards and requirements to be met by applicants for licensure of duly qualified instructors in schools of barbering or beauty culture cosmetology. Such The rules and regulations may provide for the issuance of certificates for instructors, including temporary certificates, and shall prescribe minimum qualifications as to age, education and training for applicants for such the certificates. Minimum qualifications to become applicants as student instructors shall include one year's experience as a licensed full-time practicing barber, or beautician cosmetologist, manicurist or aesthetician and two hundred fifty hours of advanced instruction beyond the normal licensure requirements. Each licensed instructor in barbering and beauty culture shall must pay an initial registration fee of fifty dollars as established by the board by legislative rule, and shall must renew his certificate annually and pay a renewal fee of fifty dollars as established by the board by legislative rule, on or before the first day of January of each year. An expired certificate may be reinstated only upon the payment of all lapsed renewal fees. unless such instructor shall have notified the board that he or she desires to be placed on an inactive status during which time he or she shall not be liable for any renewal fees The applicant for reinstatement shall is also be required to meet the qualifications for registration in effect at the time application for reinstatement is made. A licensed instructor shall not also be is not required to be licensed for active practice or service. as provided for in section four of this article, unless such instructor is in fact acting as a barber, beautician, aesthetician or manicurist outside the scope of his employment as an instructor: Provided, That the term "aesthetician," used in this section, shall have no effect until and unless the provisions of section one of this article are amended to authorize issuance of rules and regulations relating to aestheticians
Recognizing that all of the provisions of chapter twenty-nine-a of this code are fully applicable to any and all administrative procedures, and the right of judicial review, in connection with the provisions of this article, but also recognizing that the question has been raised as to whether rules and regulations adopted under the provisions of this section must be promulgated in accordance with the provisions of said chapter twenty-nine-a, it is hereby expressly provided that all such rules and regulations shall be promulgated in compliance with the provisions of said chapter twenty-nine-a.
§30-27-9. Health certificate and photograph required.

No person shall may practice barbering, beauty culture cosmetology, or manicuring or aesthetics or serve as a student in this state while having an infectious, contagious or communicable disease. No person shall may be licensed as a barber, beautician cosmetologist, manicurist or aesthetician or student until he or she shall have has obtained a certificate of health from a licensed physician under article three of this chapter certifying such that person to be free of all infectious, contagious and communicable diseases. Such The certificate shall must be filed with the state board of barbers and beauticians cosmetologists within ten days after the examination of the person is made by the physician and a photograph of the applicant must accompany the application with such the certificate. The certificate shall be in such a form as the board may prescribe. The board shall be empowered to may compel any registered barber, beautician cosmetologist, manicurist or aesthetician or student to submit to a physical examination and file a certificate of health at any reasonable time.
 §30-27-10. Requirements to operate shops and schools; sanitary rules.
It shall be is unlawful for any person, firm or corporation to own or operate a beauty shop salon or barbershop barber shop, or a school of beauty culture or barbering, or to act as a barber, beautician cosmetologist, or manicurist or aesthetician, unless:
(a) The beauty shop, barbershop, barber shop, beauty, manicuring or aesthetic salons, or school of beauty culture cosmetology, or barbering shall before opening its place of business to the public, have been is approved by the board as having met all the requirements and qualifications for the places of business as are required by this article and for this purpose. It shall be is the duty of the owner or operator of each beauty shop, barbershop barber shop, beauty, manicuring or aesthetic salon, or school of beauty culture cosmetology or barbering to notify the board, in writing, at least ten days before the proposed opening date of the shop or school. whereupon It is then shall become the duty of the board, through the inspectors herein provided for, to inspect that shop or school. Upon giving notice of the opening of any shop or school, the owner or operator shall must pay to the board an inspection fee of twenty-five dollars as established by the board by legislative rule. In the event If the shop or school fails to meet the requirements of this article, and is not approved, the inspection fee shall must be returned to the person paying same the fee. Any shop or school meeting the prescribed requirements shall must be granted a license permitting it to do business. If, however, after the lapse of ten days after the giving of the notice of opening to the board, an inspection is not made or a certificate of opening has not been granted or refused, the owner or operator of the shop or school may open provisionally subject to later inspection and to all other provisions and rules provided for in this article;
(b) All shops and schools, bathrooms, toilets and adjoining rooms used in connection therewith, 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;
(c) Each barber, beautician cosmetologist, manicurist, aesthetician, instructor and student shall must thoroughly cleanse his or her hands with soap and water immediately before serving any patron;
(d) Each patron is served with clean, freshly laundered linen that is kept in a closed cabinet used for that purpose alone. All linens, immediately after being used, shall must be placed in a receptacle used for that purpose alone.
The board of health shall prescribe any other rules in regard to sanitation and cleanliness in such shops and schools as it may deem considers proper and necessary: Provided, That these shops may contain a tropical bird for display purposes: Provided, however, That the board of health in consultation with the board of barbers and cosmetologists and the board of veterinary medicine shall must promulgate rules establishing minimum sanitary and safety requirements designed to protect the health of both the public and the tropical birds. The director of health or inspectors designated pursuant to subsection (d), section one, article fourteen, chapter sixteen of the code shall have the power to may enforce compliance. All rules shall must be kept posted in a conspicuous place in each shop or school.
§30-27-10a. Booth or chair rental; registration; fee; reporting requirements.

All persons licensed to practice as a barber, beautician cosmetologist, or manicurist or aesthetician in this state who elects to rent or lease a booth or chair from an owner or operator of any barber shop or beauty shop salon shall must first register with the board of barbers and beauticians cosmetologists and pay a registration fee of ten dollars as established by the board by legislative rule. When registering, the registrant shall must advise the board of the length of any rental or lease agreement, the name of the person and barber shop or beauty, shop manicuring or aesthetic salon from which a chair or booth is being rented or leased, and the effective date of such the rental. If a person registered with the board pursuant to this section elects to move from one barber shop or beauty, manicuring or aesthetic salon shop to rent or lease a chair or booth from another barber shop or beauty, manicuring or aesthetic salon, he or she shall must again register with the board and pay a fee of two dollars and fifty cents as established by the board by legislative rule.
Each owner or operator of a barber shop or beauty, manicuring or aesthetic salon shop who elects to rent or lease chairs or booths therein shall must notify the board in writing of such the rental within ten days of the effective date of the rental.
The board shall quarterly notify the state tax commissioner of all persons registered pursuant to this section during the previous quarter. Such The notice shall must be in writing and shall include the name of the persons registered, the name of the person and barber shop, or beauty, manicuring or aesthetic salon shop from whom space is being rented or leased, and the length of any such rental or lease agreement.
§30-27-11. Grounds for cancellation or refusal to issue or renew license.

The board may refuse to issue a license of registration to any applicant, or may refuse to renew, or may suspend or revoke the same for any holder thereof, for any of the following causes: (1) Conviction of the commission of a felony, as shown by a certified copy of the record of the court of conviction; (2) obtaining or attempting to obtain a license to practice barbering or beauty culture cosmetology in this state by false pretenses, fraudulent misrepresentation, or bribery by the use of money or other consideration; (3) gross incompetency; (4) the continued practice of barbering or beauty culture cosmetology by a person knowing himself or herself to be afflicted with a contagious or infectious disease; (5) the use knowingly of any false or deceptive statements in advertising; (6) habitual drunkenness or habitual addiction to the use of morphine, cocaine or other habit-forming drugs; (7) conviction for the illegal sale of any intoxicating beverage, as shown by a certified copy of the record of the court of conviction; (8) violation of any of the rules and regulations prescribed by the board of health; (9) violation of any of the rules and regulations prescribed by the board of barbers and beauticians cosmetologists; or (10) violation of any licensing or registration requirement of section ten-a of this article.
§30-27-12. Violation to constitute misdemeanor; penalty; concurrent jurisdiction; injunction.

Any violation of the provisions of this article or of the rules and regulations of the board of health when promulgated by it as set out in section three, article fourteen, chapter sixteen of this code, shall constitute a misdemeanor, punishable, upon conviction, by a fine of not less than ten dollars, nor more than one hundred dollars, or by imprisonment in the county or regional jail for not more than sixty days, or by both such fine and imprisonment. Magistrates shall have concurrent jurisdiction with circuit courts for the enforcement of the provisions of this article and the rules and regulations of the board of health.
Notwithstanding the existence or pursuit of any other remedy, the director of health or board of barbers and beauticians cosmetologists may, in the manner provided by law, maintain an action in the name of the state for an injunction against any person, partnership, association or corporation to restrain or prevent the establishment, conduct, management or operation of any barbershop barber shop, beauty, manicuring or aesthetician salon or shop, school of barbering or beauty culture cosmetology, or related agency, when such the person, partnership, association or corporation repeatedly refuses to obtain registration or license therefor and continues the practice or teaching of barbering or beauty culture cosmetology without first obtaining registration or a license therefor in the manner hereinbefore provided in this article.
§30-27-16. Separability; conflicting acts repealed.

The various provisions of this article shall be are considered as separable and several, and should if any of the provisions or parts thereof be are construed or held to be unconstitutional, or for any other reason invalid the remaining provisions of this article shall may not be thereby affected. All acts and parts of acts in conflict with the provisions of this article, or any part thereof, are hereby repealed. Any ordinances of any municipalities in this state now in effect and having for their purposes the regulation of the practice of barbering or beauty culture cosmetology, which are in conflict with the provisions of this article, or any part thereof, shall be null and are void and of no effect on and after the date this article goes into effect.


NOTE: This bill deals with the Board of Barbers and Cosmetologists. It removes the salary of the board director. It adds aestheticians and cosmetology and changes beauty culture to cosmetology. It changes the method of paying board members. It requires the board to establish a curriculum for establishment of a shampoo assistant. It also changes qualifications of applicants and fees and renewal of license fees. It distinguishes barber shop and beauty salon. And, it requires licensed instructors to be licensed for active practice or service.

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