HB0271 - Cosmetology act amendments.
2001 |
State of Wyoming |
01LSO-0511 |
HOUSE BILL NO. HB0271
Cosmetology act amendments.
Sponsored by: Representative(s) Deegan
A BILL
for
1 AN ACT relating to the
Wyoming Cosmetology Act; providing
2
definitions; providing for the licensure of nail
3 technicians
and estheticians as specified; specifying
4
duties of the board of cosmetology; specifying reasons for
5 the
revocation, suspension or nonrenewal of licenses;
6
providing for fees; and providing for an effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section
1. W.S.
33-12-120(a)(iv) through (viii) and
11 by creating new paragraphs (xiv)
through (xix),
12 33-12-123(a)(i), (ii) and (v), 33-12-127(a),
(b), (c)(i)
13 and (d), 33-12-128, 33-12-129, 33-12-130(a)(i)
and (ii),
14 33-12-131(b), 33-12-132, 33-12-135(a),
by creating a new
15 subsection (b) and by amending and
renumbering (b) and (c)
16 as (c) and (d), 33-12-138(a)(i) and
(ii) and 33-12-139(a)
Page 1
1 by creating new
paragraphs (viii) through (xii) are amended
2
to read:
3
4 33-12-120. Definitions.
5
6 (a) As used in this act:
7
8 (iv) "Cosmetologist"
means a person who engages
9 in any of the practices practice of cosmetology and who is 10
licensed under as defined by this act;
11
12 (v) "Practice of cosmetology" means services 13
performed
for others for the improvement and beautification 14
of
the hair, skin and nails of the human body; includes,
15 but
is not limited to, one (1) or more of the following
16 practices
when performed by a person or entity for
17 compensation:
18
19 (A) All of those practices included in the
20 practice
of esthetics and the practice of nail technology;
21
22 (B) Cutting, clipping or trimming hair;
23
Page 2
1 (C) Styling,
arranging, braiding, dressing,
2 curling, waving, permanent waving,
straightening,
3 cleansing, singeing, bleaching, dying,
tinting, coloring or
4 similarly treating hair.
5
6 (vi) "Instructor"
means a person licensed to
7
teach cosmetology, nail technology or
esthetics in a school
8 of cosmetology;
9
10 (vii) "License"
means a current document
11 recognizing the that a cosmetologist, nail
technician,
12 esthetician,
instructor, salon or school has met the
13 qualifications required for doing business
in this state;
14
15 (viii) "Model"
means a person who volunteers to
16 allow a licensed cosmetologist, nail technician,
17 esthetician
or student enrolled in a cosmetology school to
18 perform cosmetology services without cost;
19
20 (xiv) "Esthetician" means a person who engages
21 in
the practice of esthetics;
22
Page 3
1 (xv) "Practice of
esthetics" includes, but is
2 not limited to, one (1) or more of the
following practices
3 when performed by a person or entity
for compensation:
4
5 (A) Beautifying,
massaging, cleansing
6 stimulating, toning, manipulating or
exercising the skin of
7 the head, neck or shoulders of another
person by the use of
8 cosmetic preparations, tonics,
lotions, creams, antiseptics
9 or clays or any device electrical or
otherwise for the care
10 of
the skin;
11
12 (B) Grooming of eyebrows and eyelashes,
13 including,
but not limited to, arching and tinting;
14
15 (C) Removal of superfluous hair, including,
16 but
not limited to, tweezing and waxing, however, removal
17 of
superfluous hair by means of electrolysis is
18 specifically
exempt from this act.
19
20 (xvi) "Independent contractor/booth renter"
21 means
a person who rents space within another licensed
22 establishment
for the purpose of rendering licensed
23 services
as a separate, independent business;
24
Page 4
1 (xvii) "Nail
technician" means a person who
2 engages in the practice of nail
technology;
3
4 (xviii) "Practice of
nail technology" includes,
5 but is not limited to, one (1) or more
of the following
6 practices when performed by a person
or entity for
7 compensation:
8
9 (A) Applying lotions,
creams, antiseptics
10 or
other preparations by hand or by a mechanical or
11 electrical
apparatus to the hands or feet of any person;
12
13 (B) Cutting, trimming, shaping, manicuring,
14 pedicuring,
polishing, coloring, tinting or applying
15 artificial
nails to the fingernails or toenails of any
16 person;
or
17
18 (C) Massaging, cleansing or beautifying the
19 hands
or feet of any person.
20
21 (xix) "Temporary location" means any place
22 licensed
under this act in which cosmetology is practiced
23 in
a specific location and for a limited duration of time,
24 as
determined by the board.
Page 5
1
2 33-12-123. Duties of board members.
3
4 (a) Within the
limitations and authority granted by
5 this
act, the board shall:
6
7 (i) Develop
rules setting uniform and reasonable
8
standards of competency for the practice and teaching of
9
cosmetology, nail technology and esthetics,
standards for
10 the operation of salons and schools, and
procedures for its
11 own conduct;
12
13 (ii) Administer
examinations to determine
14 competency for licensure of cosmetologists, nail
15 technicians,
estheticians and instructors;
16
17 (v) Annually
inspect, or appoint persons to
18 inspect, all salons and schools for proper
licensure of the 19
salon, school and
all cosmetologists, nail technicians,
20 estheticians
or instructors practicing or teaching and for
21 the purpose of determining compliance with
the provisions
22 of this act and board rules;
23
Page 6
1 33-12-127. Licenses required; failure
to comply;
2 fines.
3
4 (a) From and
after the effective date of this act 5 July 1, 2001, no person
shall engage in the practice or
6 instruction
of cosmetology, nail technology or esthetics
7 and
no place shall be maintained and operated for the
8 practice
or teaching of cosmetology, nail technology or
9 esthetics except under a license issued in
compliance with
10 this act and the rules adopted pursuant to
this act.
11
12 (b) No school
or salon shall employ, hire or in any
13 manner allow any individual to practice or
teach
14 cosmetology, nail
technology or esthetics unless that
15 individual has a current license to practice
or teach
16 cosmetology, nail
technology or esthetics.
17
18 (c) The
licenses required in subsections (a) and (b)
19 of this section shall:
20
21 (i) Be issued
in the name of the licensed
22 cosmetologist, the
nail technician, esthetician,
23 instructor, the owner
of the salon or the owner of the
24 school;
Page 7
1
2 (d) Any person
who practices or teaches cosmetology,
3 nail technology or esthetics
for compensation, or who
4 carries
on any business, practice or operation governed by
5 this
act, without a license when a license is required, is
6 guilty
of a misdemeanor punishable, upon conviction, by a
7 fine
of not more than seven hundred fifty dollars
8 ($750.00).
9
10 33-12-128. Form; expiration; renewal of license.
11
12 The board shall prescribe the form and
expiration date of
13 licenses. Licenses may be renewed by
submitting the
14 required application for renewal and fee to
the board
15 before the license expiration date. If a
cosmetologist,
16 nail technician,
esthetician or instructor license is
17 allowed to expire, the license may be
renewed within a
18 period of ninety (90) days after the
expiration date, but
19 after the expiration of ninety (90) days
from the date the
20 license expired the license shall lapse.
21
22 33-12-129. Expired and lapsed licenses; relicensure.
23
Page 8
1 If
a salon or school license is allowed to expire a
2
reinstatement fee for late renewal shall be imposed. A
3
cosmetologist, nail technician, esthetician
or instructor
4 license
which has lapsed may be reinstated subject to
5
payment of a reinstatement fee in addition to license fees
6 for
the lapsed period. Any person whose license has lapsed
7 for
five (5) years or more, and who does not qualify for
8
licensure by endorsement, shall be required to complete a
9
refresher course of one hundred (100) three hundred (300)
10 hours at a licensed school before applying
for examination
11 and shall then be required to take the board
examination.
12
13 33-12-130. Licensure by examination.
14
15 (a) An
applicant for admission to board examination
16 shall meet the following requirements:
17
18 (i) Except as
provided by W.S. 33-12-134(c), be
19 a graduate of a cosmetology, nail technology or esthetics
20 school, or any
combination of those schools, and have met
21 training requirements comparable substantially
similar to
22 those set forth in board rules;
23
Page 9
1 (ii) Submit
proper credentials as required by
2 the
board no less than ten (10) fifteen (15) days before
3 the
examination is to be given;
4
5 33-12-131. Time, place and scope of examinations.
6
7 (b) The
examinations shall not be confined to any
8
specific method or system, may consist of written, oral and
9 performance
examinations and shall be of such scope and
10 character as to disclose that any person
passing the
11 examination is qualified to receive a
cosmetologist, nail
12 technician,
esthetician or instructor license.
13
14 33-12-132. Licensure by endorsement.
15
16 (a) An
applicant for a license to practice or
17 instruct cosmetology, nail technology or esthetics in
18 Wyoming who is a qualified and currently
licensed
19 cosmetologist,
nail technician or esthetician or a
licensed
20 cosmetology, nail
technology or esthetics instructor in
21 another state, upon
submitting who submits an
application
22 to the board, a
certification from the board or licensing 23
agency of the
state in which the applicant is licensed, 24
proof of meeting
the requirements of this section and along
Page 10
1 with payment of the required fee, and proof of the
2 following, may receive a
cosmetologist, nail technician,
3 esthetician or cosmetology instructor license: by 4
endorsement without examination in
this state. An applicant 5
from another state which does not
require a board 6
examination for licensure, or an
applicant who did not 7
attend a licensed cosmetology school,
shall not obtain a 8
Wyoming license by endorsement. An applicant
from another 9
state who has not practiced
cosmetology full time for at 10
least
one (1) year prior to application shall obtain a 11
Wyoming
license by endorsement only if he was licensed 12
under
requirements which the board determines to be at 13
least
equal to those established pursuant to this act.
14
15 (i) The applicant is a graduate of a
16 cosmetology,
nail technology or esthetics school in a state
17 whose
licensure requirements are substantially similar to
18 those
required by this act;
19
20 (ii) The applicant has passed nationally
21 standardized
written and practical examinations that are
22 board
approved.
23
Page 11
1 33-12-135. Powers to revoke, refuse,
suspend, refuse
2 to renew licenses; grounds;
procedures.
3
4 (a) After providing a licensee with twenty (20) days
5 notice of intended action and
providing the licensee with
6 the opportunity to be heard at a
contested case hearing
7 held pursuant to the provisions of
W.S. 16-3-101 through
8 16-3-115, the board may revoke, suspend or refuse to renew
9 a
license issued pursuant to this act after twenty
(20) 10
days notice and
a hearing, held pursuant to the provisions 11
of W.S. 16-3-101
through 16-3-115, or otherwise discipline
12 a licensee, but
not including assessment of fines, for the
13 any of the
following acts:
14
15 (i) Any violation of this act or any rule of the
16 board; by any person or entity holding a license.
17
18 (ii) Any sanitation violation;
19
20 (iii) Grossly unprofessional or dishonest
21 conduct
as defined by the board;
22
23 (iv) A judicial disposition of guilt or a plea
24 of
nolo contendere by a licensee or applicant relative to a
Page 12
1 criminal offense which adversely relates to the practice or
2 instruction of cosmetology, nail
technology or esthetics;
3
4 (v) Use of any
prohibited product as defined by
5 the board; or
6
7 (vi) Use of
intoxicating liquor or drugs to such
8 an extent as to render the licensee
unfit to practice or
9 teach cosmetology, nail technology or
esthetics.
10
11 (b) The board
may require the attendance of witnesses
12 and the production of books, records or
papers it
13 determines necessary for any investigation
of any violation
14 of this act or rule of the board. Any member
of the board
15 may administer oaths to witnesses appearing
to testify
16 before the board or before any board member.
17
18 (b)(c) The board
may refuse to grant a license to any
19 person guilty of fraud, cheating or unfair
practices in
20 passing the examination, or who has at any
time been found
21 guilty of a felony or of grossly
unprofessional or
22 dishonest conduct, as defined by the board, or to anyone
23 addicted to the use of intoxicating liquor
or drugs to such
24 an extent as to render him unfit to practice
or teach
Page 13
1
cosmetology, or to anyone advertising by means of
2
statements known to be false or deceptive practices, or for
3 the
failure of any person, salon or school to display
4
required licenses and inspection certificates.
5
6 (c)(d) Upon
receipt from the department of family
7
services of a certified copy of an order from a court to
8
withhold, suspend or otherwise restrict a license issued by
9 the
board, the board shall notify the party named in the
10 court order of the withholding, suspension
or restriction
11 of the license in accordance with the terms
of the court
12 order. No appeal under the Wyoming
Administrative Procedure
13 Act shall be allowed for a license withheld,
suspended or
14 restricted under this subsection.
15
16 33-12-138. Publications.
17
18 (a) The board shall:
19
20 (i) Provide a
copy of appropriate statutes and
21 rules to every licensed cosmetologist, nail technician,
22 esthetician,
salon and school. Additional copies shall be
23 made available upon payment of a fee for the
publication;
24
Page 14
1 (ii) Prepare and
maintain a current list of the
2
names and addresses of all cosmetologists,
nail
3 technicians, estheticians, salons, schools and instructors
4 licensed
in Wyoming, the names and addresses of the members
5 of
the board and their terms of office. The list shall be
6 available
for inspection and copying and for reproduction
7 in
whole or in part upon payment of the cost of
8 reproduction.
9
10 33-12-139. Fees; disposition of fees.
11
12 (a) Fees for
the following shall be determined by the
13 board pursuant to W.S. 33-1-201:
14
15 (viii) Esthetician license;
16
17 (ix) Independent contractor license;
18
19 (x) Nail technician license;
20
21 (xi) On-line testing;
22
23 (xii) Temporary location license.
24
Page 15
1 Section 2. This act is effective July 1, 2001.
2
3 (END)
Page 16