Senate Bill No. 708
(By Senator Prezioso)
____________
[Introduced February 23, 2004; referred to the Committee on
Health and Human Resources; and then to the Committee on
Finance.]
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A BILL to amend and reenact §16-14-1, §16-14-2 and §16-14-3
of the
code of West Virginia, 1931, as amended; and to amend and
reenact §30-27-1, §30-27-2, §30-27-3, §30-27-4, §30-27-5,
§30-27-6, §30-27-7, §30-27-8, §30-27-9, §30-27-10, §30-27-10a,
§30-27-11, §30-27-12, §30-27-13, §30-27-14, §30-27-15,
§30-27-16 and §30-27-17
of said code, all relating to barbers
and cosmetologists generally; providing for the enforcement of
laws relating to manicuring and aesthetician salons; requiring
inspections of manicure and aesthetic salons; including the
addition of hair prosthesis within the term "barbering";
defining "aesthetics"; eliminating the salary of the director
of the board of barbers and cosmetologists; providing for the
establishment of various registration and licensing fees by
legislative rule; changing certain student permit requirements; and making various technical changes to the
barbers' and cosmetologists' licensing statutes.
Be it enacted by the Legislature of West Virginia:
That §16-14-1, §16-14-2 and §16-14-3
of the code of West
Virginia, 1931, as amended, be amended and reenacted; and that
§30-27-1, §30-27-2, §30-27-3, §30-27-4, §30-27-5, §30-27-6,
§30-27-7, §30-27-8, §30-27-9, §30-27-10, §30-27-10a, §30-27-11,
§30-27-12, §30-27-13, §30-27-14, §30-27-15, §30-27-16 and §30-27-17
of said code be amended and reenacted, all
to read as follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 14. BARBERS AND COSMETOLOGISTS.
§16-14-1. Jurisdiction over barbers and cosmetologists; powers and
duties of commissioner of health.
(a) There is hereby vested in the state department of health
jurisdiction over barbers and cosmetologists, except as otherwise
specifically provided in this code.
(b) The
director commissioner of health or a designee shall be
responsible for the enforcement of all laws and rules pertaining to
sanitary conditions of barbering,
and beauty,
manicuring and
aesthetician salons.
shops
(c) The director commissioner
or a designee shall provide
administrative support to the board of barbers and cosmetologists
as may be appropriate and reasonable.
(d) The director commissioner
of health shall appoint not more than six inspectors, an adequate number of inspectors, who shall be
licensed barbers and cosmetologists of this state, as herein
provided, and it shall be their duty to make frequent inspections
of all barber and beauty shops manicure, and aesthetic salons and
all schools of barbering and beauty culture cosmetology in this
state and to report all violations to the director commissioner
of
health. The salary of each inspector shall range from twelve
hundred eighty-three dollars per month to fifteen hundred dollars
per month, depending upon the qualifications of the inspector The
salaries and allowances for expenses of the inspectors shall be
that fixed and allowed by the commissioner of health. Allowances
for expenses of such inspectors shall be that fixed and allowed by
the director of health.
§16-14-2. Barbering, cosmetology, manicuring, and aesthetics
defined.
For the purpose of this article "barbering" shall mean any one
or combination of the following acts, when done on the human body,
and not for the treatment of disease, to wit namely: Shaving,
shaping and trimming the beard; cutting, singeing, shampooing or
dyeing coloring the hair, or applying tonics thereto; or adding of
hair prosthesis; applications, treatment or massages of the face,
neck or scalp with oils, creams, lotions, antiseptics, cosmetics,
powders, clays or other preparations; and any such acts when done
to encourage the use or sale of articles of trade, or for pay, rewards or other compensation, whether to be received directly or
indirectly.
"Beauty culture" "Cosmetology" shall mean any one or
combination of the following acts, when done on the human body, and
not for the treatment of disease, to wit namely: The care,
preservation and beautification of the hands and nails, commonly
called manicuring; the cleansing, curling, waving, permanent
waving, straightening, arranging, adding of hair prosthesis,
dressing, bleaching, tinting, coloring and shaping the hair,
including such cutting of the hair as is necessary for the purposes
mentioned in this paragraph; the application to, or treatment and
massage of, the scalp, face, neck, arms, hands, or upper part of
the body with oils, creams, lotions, powders, clays, cosmetics,
antiseptics or other preparations; and any such acts when done to
encourage the use or sale of articles of trade, or for pay, reward
or other compensation, whether to be received directly or
indirectly. The retail sale or the trial demonstration by
application to the skin for the purpose of making retail sale of
cosmetics, preparations, tonics, antiseptics, creams or lotions
shall not be considered the practice of beauty culture cosmetology.
"Manicuring," when done on the human body and not for the
treatment of disease, shall mean the care, preservation, massage
and beautification of the hands and nails only hands, nails and
feet.
"Aesthetics" shall mean, when performed on the human body, and
not for the treatment of disease, the practice and use of cosmetic
preparations, makeups, antiseptics, tonics, lotions, creams,
chemical preparation, or otherwise with hands or mechanical or
electrical apparatus or appliances or who massages, cleanses,
stimulates, manipulates, exercises, beautifies, grooms or performs
similar work to the face, neck arms and hands.
The performance of any of the acts enumerated in this section
shall not be deemed considered barbering, beauty culture
cosmetology, or manicuring or aesthetics when done by duly licensed
physicians, surgeons, nurses or morticians, in the proper discharge
of their professional duties.
§16-14-3. Regulations to be promulgated by board of health;
enforcement.
The board of health shall promulgate rules and regulations
pertaining to the sanitary conditions of barbering and beauty
shops, licensure, and qualifications of barbers, beauticians
cosmetologists, and manicurists, and aestheticians, and curricula
and standards of instruction for schools of barbering and beauty
culture cosmetology. The enforcement of all rules and regulations
promulgated by the board of health shall be under the supervision
and direction of the director commissioner.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
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 own or have a
pecuniary interest in a barber or
beauty culture cosmetology,
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, upon presentation of an
itemized sworn statement thereof.
(e) The board or their 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 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
and manicurists.
The power of the board to promulgate such rules shall be
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. 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 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 cosmetologists may fine, cancel and revoke
the license issued such 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 or
cosmetologists, manicurist or aesthetician, shall 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 or her
application an examination fee of twenty-five dollars in an amount
established by the board by lawfully promulgated 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 relevant to the inquiry as the board may deem consider proper. If an applicant
for licensure as a barber or beautician cosmetologist, 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
cosmetology.
Any applicant for license licensure as a manicurist
or aesthetician may be licensed as a duly qualified manicurist or
aesthetician after he or she has passed the examination. The board
shall charge twenty-five dollars for the issuance of a license
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 or cosmetologist, 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 the board by lawfully promulgated legislative rule. If in the opinion of the board such
the applicant has had a prescribed course of instruction in
barbering, beauty culture cosmetology,
or manicuring or aesthetics
equivalent to that required requirements in this state at the time
such the
course was completed, or is otherwise properly qualified,
the board may without examination issue to such the applicant a
license as a duly qualified barber, beautician or cosmetologist,
manicurist, or aesthetician.
§30-27-4. Renewal of license; fee; penalty for late renewal;
withdrawal from active practice.
Every licensed barber, beautician or manicurist, or
aesthetician, who desires to continue in active practice or service
shall, annually upon or before the first day of January, renew his
or her license and pay an annual renewal fee of twenty-five dollars
of an amount established by the board by lawfully promulgated
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 liable for additional renewal fees, but
may be reactivated reinstated 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 apply for and receive a student's permit from the board. The
application shall 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 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, or
has passed an ability to benefit test approved by the U.S.
department of education. Upon receipt of a fee of five dollars
established by the board by lawfully promulgated 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 good
during the prescribed period of study for such each 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 display his
or her license or renewal thereof in a conspicuous place in the
shop wherein he or she practices or is employed and whenever
required shall exhibit such the license to the state board of
barbers and beauticians cosmetologists or its authorized
representative.
§30-27-7. Shop to be managed by licensed barbers and
cosmetologists; sign.
Every barber shop, or beauty shop manicuring or aesthetic
salon in this state shall be operated under the supervision and
management of a barber, or beautician cosmetologist, manicurist or
aesthetician who is licensed as such in this state. A barber shop
and a beauty, manicuring or aesthetic shop salon may be conducted
within the same shop. A suitable sign shall be displayed at the
main entrance of all barber shops, and beauty shops manicuring and
aesthetician 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 and
regulations; 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 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 be made in writing on forms prescribed
and furnished by the board and shall be signed and verified by the
applicant.
The applicant shall, 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 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 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 the
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 issue such a license to the applicant.
Thereafter, the board may fine, 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 commissioner of health or his
designees shall administer and enforce such the actions of the
board.
The initial license fee and subsequent annual renewal fee 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
lawfully promulgated legislative rule and is to be paid in such
manner as the board may prescribe, on or before January first of
each year. The license shall be permanently displayed in the school, and a suitable sign shall be kept on the front of the
school which shall plainly indicate that a school of barbering or
beauty culture cosmetology
is operated therein.
The board of barbers and beauticians cosmetologists shall
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 and two hundred
fifty six hundred hours of advanced instruction beyond the normal
licensure requirements. Each licensed instructor in barbering.
and beauty culture cosmetology, manicuring, or aesthetics shall pay
an initial registration fee of fifty dollars as established by the
board by lawfully promulgated legislative rule, and shall renew his
or her certificate annually and pay a renewal fee of fifty dollars
as established by the board by lawfully promulgated 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 also be required to
meet the qualifications for registration in effect at the time
application for reinstatement is made. A licensed instructor shall
not is also be 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 practice barbering, beauty culture
cosmetology,
or manicuring, aesthetics, or serve as a student in
this state while having an infectious, contagious or communicable
disease. No person shall be licensed as a barber, beautician
cosmetologist, manicurist, 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 the
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 form as the
board may prescribe. The board shall be empowered to compel any
registered barber, beautician cosmetologist,
manicurist,
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 unlawful for any person, firm or corporation to
own or operate a beauty shop or barbershop barber shop, or a school
of beauty culture cosmetology
or barbering, or to act as a barber,
beautician cosmetologist, or manicurist, or aesthetician, unless:
(a) The beauty shop, barbershop Each barber shop, beauty, manicuring or aesthetic salon, or school of beauty culture
cosmetology
or barbering shall before opening its place of business
to the public, have been 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 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 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 pay to the board an inspection fee of
twenty-five dollars as established by the board by lawfully
promulgated legislative rule. In the event the shop or school
fails to meet the requirements of this article, and is not
approved, the inspection fee shall be returned retained by the
board. to the person paying same Any shop or school meeting the
prescribed requirements shall 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 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 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 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
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 enforce compliance. All rules shall 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, beauty, manicuring or aesthetician salon or
beauty shop shall first register with the board of barbers and
beautician cosmetologist,
and pay a registration fee of ten dollars
as established by the board by lawfully promulgated legislative
rule. When registering, the registrant shall 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, shop he or she shall again register with the board
and pay a fee of two dollars and fifty cents as established by the
board by lawfully promulgated 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 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 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 or fine
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; or (11)
use of any chemical preparation banned or unapproved by the U.S.
food and drug administration (FDA).
§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 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 commissioner of health or director of the 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 aesthetic salon, 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 previously provided.
§30-27-13. Chapter thirty, article one, applicable to board.
Unless otherwise specifically provided herein, the provisions
of article one, chapter thirty of the code of West Virginia shall
apply to the state board of barbers and beauticians cosmetologists.
§30-27-14. Collections and expenditures; disposition of funds.
All money collected under the provisions of this article shall
be deposited in the state treasury as provided by law, and shall be
credited to the board of barbers and beauticians cosmetologists
in
a special fund that has been known as the "barbers and beauticians
cosmetologists
special fund" and is hereby continued and shall be
designated the "barbers and cosmetologists fund." All money in
such the fund shall be expended only for the administration and enforcement of the provisions of this article and are not
authorized from collections but are to be made only in accordance
with appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
the fulfillment of the provisions set forth in article two, chapter
five-a of this code: Provided, That for the fiscal year ending the
thirtieth day of June, one thousand nine hundred ninety-eight,
expenditures are authorized from collections rather than pursuant
to an appropriation by the Legislature. Amounts collected which
are found from time to time to exceed the funds needed for purposes
set forth in this article may be transferred to other accounts or
funds and redesignated for other purposes by appropriation of the
Legislature.
§30-27-15. Validity of certificates of registration and rules
issued by board of barbers and cosmetologists.
Any certificate of registration issued prior to the effective
date of this article by the committee of barbers and beauticians
shall be valid as a license under the provisions of this article,
except as modified by the board of barbers and beauticians
cosmetologists;
and all rules and regulations issued by the
committee of barbers and beauticians prior to the effective date of
this article shall remain in effect unless modified in accordance
with the provisions of article fourteen, chapter sixteen of this
code.
§30-27-16. Separability; conflicting acts repealed.
The various provisions of this article shall be considered as
separable and several, and should any of the provisions or parts
thereof be construed or held to be unconstitutional, or for any
other reason invalid the remaining provisions of this article shall
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 void and of no effect on and after the
date this article goes into effect.
§30-27-17. Continuation of board.
The board of barbers and cosmetologists shall continue to
exist, pursuant to the provisions of article ten, chapter four of
this code, until the first day of July, two thousand eight, unless
sooner terminated, continued or reestablished pursuant to the
provisions of that article.
NOTE: The purpose of this bill is to provide for the
enforcement of laws relating to manicuring and aesthetician salons
and requiring inspections of manicure and aesthetic salons. The
bill provides that the term barbering includes adding hair
prosthesis. Under the bill, aesthetics is defined, the salary of
the director of the board of barbers and cosmetologists is deleted,
fees for registration and licenses are to be set by legislative rule and several technical changes to the barbers and
cosmetologists licensing statutes are made.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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