HB4793 S GOV AM #1 3-5
Fletcher 7835
The Committee on Government Organization moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise:
(a) “Aesthetics” or “esthetics” 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 and tweezing 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) “Aesthetician” or “esthetician” means a person licensed under the provisions of this article who engages in the practice of aesthetics and has completed 600 clock-hours of training.
(c) “Applicant” means a person making application for a professional license, license, certificate, registration, permit, or renewal under the provisions of this article.
(d) “Apprentice” means someone who is enrolled in an apprenticeship program for barbers, cosmetologists, aestheticians, hair stylists, or nail technicians pursuant to this article.
(d)(e) “Barber” means a person licensed under the provisions of this article who engages in the practice of barbering and has completed a 1,200 clock-hour barber training program without chemical services, or a 1,500 clock-hour barber training program with chemical services, or has successfully completed the barber apprenticeship program.
(e)(f) “Barbering” means any one or any combination of the following acts when done on the head and neck for compensation and not for the treatment of disease:
(1) Shaving, shaping, and trimming the beard, or both;
(2) Cutting, singeing, arranging, dressing, tinting, bleaching, or applying lotions or tonics on human hair, or a wig or hairpiece; and
(3) Applications, treatments, or rubs of on 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)(g) “Barber crossover” is a person who has completed 1,200 or 1,500 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 2,100 clock-hours, to perform cosmetology.
(g)(h) “Barber permanent waving” means the following acts performed on the head and neck for compensation and not for the treatment of disease:
(1) The bleaching or tinting of hair; and
(2) The permanent waving of hair.
(h)(i) “Barber permanent wavist” means a person who has completed 2,000 clock-hours of training and was licensed to perform barbering and barber permanent waiving enrolled by August 28, 2012.
(i)(j) “Board” means the West Virginia Board of Barbers and Cosmetologists.
(j)(k) “Certificate” 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 §30-27-8b of this code.
(k)(l) “Certificate 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 §30-27-8b of this code.
(l)(m) “Cosmetologist” means a person licensed under the provisions of this article who engages in the practice of cosmetology and who has completed 1,800 clock-hours of training.
(m)(n) “Cosmetology” 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, 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)(o) “Cosmetology crossover” is a person who has completed 1,800 clock-hours of training, is licensed as a cosmetologist, and completes an additional 300 clock-hours of training in clipper cuts and face shaving to perform barbering, for a total of 2,100 clock-hours.
(o)(p) “General 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.
(p)(q) “Hair styling” means any one or any combination of the following acts when done on the head and neck for compensation and not for the treatment of disease:
Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, curling, facial hair trimming, scalp treatments, waving, permanent waving, relaxing, straightening, singeing, bleaching, tinting, coloring, or similar, work on human hair, or a wig or hairpiece, by any means, including hands, mechanical or electrical devices, or appliances.
(q)(r) “Hair stylist” means a person licensed under the provisions of this article who engages in the practice of hair styling and who has completed 1,000 clock-hours of training, effective July 1, 2016, or 1,000 clock-hours of training in the salon training program.
(r)(s) “License” means a professional license, a salon license, or a school license.
(s)(t) “Licensed school” means a facility which has been approved by the West Virginia Council for Community and Technical College Education (CCTCE), Department of Education in conjunction with CCTCE, or Department of Education in conjunction with the Department of Corrections pursuant to §18B-2B-9 of this code to educate persons to be licensed or issued certain permits under the provisions of this article.
(t)(u) “Licensee” means a person, corporation, or firm holding a license issued under the provisions of this article.
(u)(w) “Mobile shop” means any self-contained, self-supporting, enclosed unit which is constructed in either a motorized vehicle or a towable trailer as a portable facility for providing any of the professional services set forth in this article to the public.
(v)(x) “Nail 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.
(w)(y) “Nail technician” or “manicurist” means a person licensed under the provisions of this article who engages in the practice of nail care and has completed 400 clock-hours of training.
(x)(z) “Permit” means a work permit.
(y)(aa) “Permitee” means a person holding a work permit.
(z)(bb) “Professional license” means a license to practice as an aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, cosmetologist crossover, hairstylist, or nail technician.
(aa)(cc) “Registration” 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.
(bb)(dd) “Registrant” means a person who holds a registration under the provisions of this article.
(cc)(ee) “Salon” means a shop or other facility where a person practices under a professional license.
(dd)(ff) “Salon license” means a license to own and operate a salon.
(ee)(gg) “Student registration” means a registration issued by the board to a student to study at a school licensed under the provisions of this article.
(ff)(hh) “Waxing specialist” means a person certified under the provisions of this article who engages in the practice of waxing and tweezing of hair on another person’s body.
(gg) Hair braiding, threading, and any other item not spelled out are not regulated by the West Virginia Board of Barbers and Cosmetologists.
(ii) "Hair braiding" means the service of twisting, locking, wrapping, weaving, cornrowing, extending, or braiding hair by hand or with mechanical devices, including the use of natural or synthetic hair extensions, natural or synthetic hair and fibers, decorative beads, or other hair accessories, the minor trimming of natural hair or hair extensions incidental to twisting, locking, wrapping, weaving, cornrowing, extending, or braiding hair, and the making and lacing of wigs from natural hair, natural fibers, synthetic fibers, and hair extensions, as well as the use of topical agents such as conditioners, gels, moisturizers, oils, pomades, and shampoos.
(jj)"Natural hair braiding" excludes the application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair or the use of chemical hair joining agents such as synthetic tape, keratin bonds, or fusion bonds, and is distinct from aesthetics, barbering, barber permanent waving, cosmetology, hair styling, and nail care.
(kk) "Threading" means a method of removing hair from the eyebrows, upper lip, or other body parts by using a cotton thread to pull hair from follicles, including the use of over-the-counter astringents, gels, powders, tweezers, and scissors incidental to threading. Threading is distinct from aesthetics, barbering, barber permanent waving, cosmetology, hair styling, and nail care.
(ll) "Blow-dry styling" means the practice of shampooing, conditioning, drying, arranging, curling, straightening, or styling hair using only mechanical devices, hair sprays, and topical agents such as balms, oils, and serums, including the use and styling of hair extensions, hair pieces, and wigs. Blow-dry styling excludes cutting hair or the application of dyes, bleach, reactive chemicals, keratin treatments, or other preparations to color or alter the structure of human hair, and is distinct from aesthetics, barbering, barber permanent waving, cosmetology, hair styling, and nail care.
(mm) "Makeup application" means the application of a cosmetic to enhance the appearance of the face or skin including powder, foundation, rouge, eyeshadow, eyeliner, mascara, and lipstick, including the application of makeup applied using an airbrush. Makeup application excludes the application of permanent makeup or tattooing, and is distinct from aesthetics, barbering, barber permanent waving, cosmetology, hair styling, and nail care.
Hair braiding, threading, blow-dry styling, makeup application, and any other item not spelled out are not regulated by the West Virginia Board of Barbers and Cosmetologists.
(a) An applicant for a professional license to practice as an aesthetician, barber, barber crossover, cosmetologist, hair stylist, cosmetologist crossover, or nail technician shall present satisfactory evidence that he or she:
(1) Is at least eighteen 16 years of age and has completed at least the 10th grade of education;
(2) Is of good moral character; Does not have a criminal conviction that directly relates to the applicant’s ability to safely practice as an aesthetician, barber, barber crossover, cosmetologist, hair stylist, cosmetologist crossover, or nail technician, as determined by the West Virginia Board of Barbers and Cosmetologists;
(3)(2) Has a high school diploma, a GED, or has passed the “ability to benefit test” approved by the United States Department of Education;
(4)(3) Has graduated from a licensed school which has been approved by the West Virginia Council for Community and Technical College Education (CCTCE), Department of Education in conjunction with CCTCE, or Department of Education in conjunction with the Department of Corrections, or has completed education requirements in another state and meets the licensure provisions of the board, or, for hair styling, has completed 1,000 clock-hours of supervised practice under a salon training program established pursuant to §30‑27‑8c of this code;
(5)(4) 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)(5) Has paid the applicable fee;
(7)(6) Presents a certificate of health from a licensed physician;
(8)(7) Is a citizen of the United States or is eligible for employment in the United States; and
(9)(8) Has fulfilled any other requirement specified by the board.
(b) A license to practice issued by the board prior to July 1, 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, 2016, must renew the license pursuant to the provisions of this article.
(c) A person, who by education and experience qualifies to be a barber and a cosmetologist or a barber crossover or cosmetologist crossover, may elect at any time to practice solely as a barber and, after notice and application to the board, may be licensed as a barber without other designation.
(a) The board may establish an apprenticeship program to become a barber or cosmetologist barber, cosmetologist, aesthetician, nail technician, or hair stylist. Upon request of the board, the West Virginia Department of Education shall assist the board in developing and administering any apprenticeship program established under this section for individuals who are 14 or 15 years of age: Provided, That the department is required to provide such assistance only to the extent necessary to obtain any requisite federal authorization for the program. A barber or cosmetologist An apprentice shall work at all times under the direct supervision of a licensed barber or cosmetologist licensed or certified practitioner, and any permit issued by the board to work as a barber or cosmetologist an apprentice does not allow a person to practice individually as a barber or cosmetologist an apprentice.
(b) An applicant for a barber or cosmetologist an apprenticeship shall present satisfactory evidence that he or she:
(1) Is at least sixteen 14 years of age;
(2) Is of good moral character;
(3)(2) Is in high school or has a high school diploma, a GED, or has passed the “ability to benefit test” approved by the United States Department of Education;
(4)(3) Has paid the applicable fee;
(5)(4) Has a certificate of health from a licensed physician;
(6)(5) Is a citizen of the United States or is eligible for employment in the United States; and
(7)(6) Has fulfilled any other requirement specified by the board.
(c) An applicant for a sponsor of a barber or cosmetologist an apprentice shall present satisfactory evidence that he or she:
(1) Is licensed or certified as a barber or cosmetologist under the provisions of this article in the profession that the apprentice is studying;
(2) Has paid the applicable fee; and
(3) Has fulfilled any other requirement specified by the board.
(d) A sponsor of a barber or cosmetologist an apprentice shall be a current licensed barber or cosmetologist licensee with at least five years’ experience and has have worked in a shop for the last five years.
(e) The board may propose emergency rules and rules for legislative approval, in accordance with the provisions of §29A-3-1 et seq. of this code to implement the provisions of this section, including:
(1) The requirements for:
(A) The barber or cosmetologist apprenticeship program;
(B) The barber or cosmetologist apprentice permit; and
(C) A licensed or certified barber or cosmetologist practitioner to sponsor a barber or cosmetologist an apprentice;
(2) Procedures for an examination;
(3) A fee schedule; and
(4) Any other rules necessary to effectuate the provisions of this section.
(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 area:
Waxing Specialist. —
An applicant for a waxing specialist shall present satisfactory evidence that he or she:
(A) Is at least 18 16 years of age;
(B) Is of good moral character;
(C) Is in high school, Has 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 clock-hour class that consists of Professional professional requirements, safety and health, skin structure, disorders and diseases, removal of superfluous hair, and 25 clock-hours on the clinic floor, supervised, for a total of 125 clock-hours;
(H) If not currently licensed, must take the West Virginia state law test; and
(I) Has fulfilled any other requirement specified by the board.
(b) The board shall issue to 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.
(c) A cosmetologist An apprentice who obtains the necessary hours of training in an apprenticeship program outlined in §30-27-8a of this code shall be issued the necessary certification as if the apprentice had completed beauty the applicable school, so long as the apprentice has completed the necessary requirements outlined in that section. The apprenticeship program established by the board may allow individuals to participate in beauty any appropriate school to the extent necessary to obtain any other classroom instruction or technical training that is not otherwise provided in the apprenticeship.
A salon training program is hereby created. The board shall allow salons to register to participate in the program. A salon licensed pursuant to §30‑27‑17 of this code, including a mobile shop operating pursuant to §30‑27‑17a of this code, may participate in the program by registering with the board.
A salon that registers with the board may employ persons, without regard to the person’s licensure status, to provide services under the general supervision of a licensee who regularly provides the services. A person providing services without a license shall first complete up to four hours of education related to the barbering and cosmetology laws in this article and rules and regulations, as approved by the board, before offering services permitted under the program. The board shall ensure low cost and virtual options for training are available. The salon and licensee are responsible for ensuring the education, training, skills, and competence of persons who provide services in the salon.
A salon participating in the salon training program shall comply with all facility and minimum equipment requirements, safety and infection control provisions, inspection requirements, management requirements, and salon licensing renewal requirements. The board may inspect any participating salon that the board deems necessary to ensure compliance with these requirements.
The salon shall disclose in writing prior to the consumer’s receipt of services from an unlicensed provider that the salon is participating in the program and that the provider is not licensed. The disclosure shall be clearly legible and state: "This licensed salon is registered to participate in a salon training program. This salon employs unlicensed providers who work under the general supervision of licensed providers. The services you are receiving are from an unlicensed provider participating in this program."
In addition to any other remedy provided by law, in an action based on an injury alleged to have occurred in a salon participating in the salon training program, a prevailing party may recover reasonable attorney’s fees and receive other equitable relief as determined by the court.
Adopted
Rejected