BillCam

SENATE BILL No. 434

August 20, 2019, Introduced by Senator NESBITT and referred to the Committee on Regulatory Reform.

A bill to amend 1980 PA 299, entitled

"Occupational code,"

by amending sections 1201, 1203, 1203b, 1204, 1205, 1211, 1217, and

1218 (MCL 339.1201, 339.1203, 339.1203b, 339.1204, 339.1205,

339.1211, 339.1217, and 339.1218), sections 1201, 1205, 1211, 1217,

and 1218 as amended and section 1203b as added by 1997 PA 97 and

section 1204 as amended by 2003 PA 57, and by adding section 1205a;

and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1201. As used in this article:

(a) "Apprentice" means an individual who is engaged in

learning cosmetology in a cosmetology establishment.

(b) "Braiding" means providing or offering to the general

public for compensation any of the following services solely for

development or improvement of physical qualities of the natural

hair structure:

(i) Intertwining in a systematic motion to create patterns in

a 3-dimensional form.

(ii) Inversion or outversion flat against the scalp along the

part of a straight or curved row.

(iii) Twisting in a systematic motion.

(iv) Extension with natural or synthetic fibers.

or offers to render perform 1 or more cosmetology services.

(d) "Cosmetology" means 1 of the following services or a

combination of the following performing 1 or more cosmetology

services. :

(i) Hair care services.

(ii) Skin care services.

(iii) Manicuring services.

(iv) Electrology.

(e) "Cosmetology establishment" means the premises on which

cosmetology or 1 or more of its services are rendered or are

offered to be rendered. a place of business at which 1 or more

cosmetology services are offered or provided. Cosmetology

establishment includes a mobile salon. Cosmetology establishment

does not include a school of cosmetology.

(f) "Cosmetology services" means any of the following:

(i) Hair care services.

(ii) Skin care services.

(iii) Manicuring services.

(iv) Electrology.

(g) (f) "Electrologist" means an individual who renders or

offers to render performs or offers to perform electrology.

(h) (g) "Electrology" means the permanent removal of hair from

the body of an individual by the use of electricity.

(i) (h) "Esthetician" means an individual who renders or

offers to render performs or offers to perform skin care services.

(j) (i) "Hair care services" means arranging, cutting,

dressing, curling, waving, cleansing, singeing, bleaching,

coloring, tinting, trimming, styling, relaxing, perming,

straightening, or similar work upon the hair of the head or a wig

that an individual is wearing.

(k) (j) "Instructor" means an individual who teaches or offers

to teach 1 or more cosmetology services in a school of cosmetology.

(l) (k) "Manicuring services" means the cleansing, filing,

shaping, buffing, polishing, or beautifying of the nails of the

hands or feet, and the cleansing, massaging, stimulating,

exercising, or beautifying of the skin of the hands, arms, and

feet, manually or with the use of tools, appliances, or cosmetic

preparations, including the repair of nails, or the creation or

decoration of artificial nails. Manicuring services do not include

the practice of podiatric medicine and podiatric surgery as defined

in section 18001 of the public health code, 1978 PA 368, MCL

333.18001.

(m) (l) "Manicurist" means an individual who renders or offers

to render performs or offers to perform manicuring services.

(n) "Mobile salon" means either of the following:

(i) A self-contained vehicle or other device that is moved,

towed, or transported from 1 location to another and in which

equipment used to perform 1 or more cosmetology services is

installed.

(ii) A business in which equipment used to perform 1 or more

cosmetology services is transported to and used on a temporary

basis at a location other than the premises of the operator,

including, but not limited to, any of the following:

(A) A cosmetology establishment operated by another person.

(B) A client's home.

health code, 1978 PA 368, MCL 333.20109.

(D) A home for the aged, as defined in section 20106 of the

public health code, 1978 PA 368, MCL 333.20106.

(E) An adult foster care facility, as defined in section 3 of

the adult foster care facility licensing act, 1979 PA 218, MCL

400.703.

(o) (m) "Natural hair cultivation" means techniques that

result in tension on hair strands such as twisting, wrapping,

weaving, extending, locking, or braiding of the hair by hand, which

if that work does not include the application of dyes, reactive

chemicals, or other preparations to alter the color or to

straighten, curl, or alter the structure of the hair.

(p) (n) "Natural hair culturist" means a person an individual

who is engaged in natural hair cultivation but does not include a

person an individual who is engaged in natural hair cultivation if

that activity is performed as part of the practice of a recognized

religion.

(o) "Owner" means a person who owns and conducts a cosmetology

establishment or a school of cosmetology.

(q) "Operator" means a person that is licensed to operate a

cosmetology establishment or school of cosmetology, as applicable.

(r) For a mobile salon, "premises" means 1 of the following,

as applicable:

(i) For a mobile salon described in subdivision (n)(i), the

vehicle or other device and the equipment installed in the vehicle

or device.

(ii) For a mobile salon described in subdivision (n)(ii), the

equipment used to perform the cosmetology services; and the

temporary location at which the equipment is used, while the

equipment is at that location.

(s) (p) "School of cosmetology" means the premises where

cosmetology or 1 or more of its services are taught.a school that

teaches 1 or more cosmetology services at a premises designated in

the license application.

(t) (q) "Skin care services" includes the following services

or combination of services:

(i) Beautifying the skin of the body of an individual by the

use of cosmetic preparations, antiseptics, tonics, lotions, or

creams, including body wrapping.

(ii) Cleansing or stimulating the skin of the body by the use

of the hands, devices, apparatus, or appliances, with or without

the use of cosmetic preparations, antiseptics, tonics, lotions, or

creams.

(iii) The temporary removal of hair from the body of an

individual by the use of depilatories, waxes, razors, scissors,

clippers, or tweezers.

(iv) Giving facials, applying removable makeup, applying

eyelashes, or any other application of a preparation or beauty

enhancement to the body of an individual but does not include

applying permanent makeup or the use of tanning equipment.

(u) (r) "Student" means an individual who is engaged in

learning cosmetology or 1 or more of its cosmetology services in a

school of cosmetology.

Sec. 1203. (1) The department and the board shall promulgate

sanitary rules that establish sanitation standards that they

consider necessary, with particular reference to the precautions

necessary to be employed to prevent the spreading of an infectious

or contagious disease, and shall arrange an inspection as for any

inspections that they consider necessary to safeguard the public

health.

(2) The department and the board shall promulgate rules for

the operation of mobile salons and the performance of cosmetology

services in or at the premises of mobile salons. The department and

board shall promulgate the rules described in this subsection

within 1 year after the effective date of the amendatory act that

added this subsection. The rules shall include sanitation standards

that meet the requirements of subsection (1) and may establish 1 or

more of the following for providing cosmetology services in a

mobile salon:

(a) Safety requirements.

(b) Permanent address requirements at which 1 or more of the

following are located:

(i) Records of appointments.

(ii) License numbers of employees.

(iii) If applicable, the vehicle identification number of the

license holder's self-contained facility.

requirements under this article and all local laws and ordinances.

Sec. 1203b. A person shall not conduct or operate a

cosmetology establishment or school of cosmetology without a school

or cosmetology establishment or school of cosmetology license

issued under this article.

Sec. 1204. (1) The department shall issue a license to a

person for the operation of to operate a cosmetology establishment,

at the premises specified in the license application, if all of the

following requirements are met:

(a) An application is submitted to the department by the

owners or managers or on behalf of the proposed operator of the

establishment.

(b) The application includes the address of the premises of

the establishment and a drawing or diagram indicating the premises

to be licensed and that shows the location of required equipment

and facilities, and if the establishment is adjacent to a dwelling

or school of cosmetology, that the premises of the establishment

are completely separated by full partitions and doors from the

dwelling or school.

its premises have satisfactorily passed an inspection conducted by

the department for the purpose of determining whether the

establishment has met and premises meet the sanitation and

equipment standards prescribed in rules promulgated by the director

and any other applicable requirements of this article.

(d) Except as provided in subsection (3), the cosmetology

establishment shall be under the daily attendance and supervision

of a licensed cosmetologist who is not less than 18 years of age

and has had not less than 1 year's practical experience in

cosmetology.

(2) A The operator of a cosmetology establishment shall be do

all of the following:

(a) Ensure that the establishment is completely separated by

full partitions and doors from a dwelling or the premises of a

school of cosmetology.

(b) Display its license for the establishment and the license

of each cosmetologist who works in the establishment in a prominent

place in the establishment that is visible to the public at all

times. The operator may post the license of a cosmetologist who

works in the establishment at his or her work station.

(3) The department may issue a limited cosmetology

establishment license to a person who seeks to perform that seeks

to provide only 1 or more services of cosmetology services on the

premises of the establishment. If the establishment license is

limited to only manicuring services or skin care services, the

supervising licensee may be an individual licensed only in that

service. A licensed cosmetologist who is working in the premises of

a limited licensed cosmetology establishment shall not perform

cosmetology services for which the premises are not licensed. If

the cosmetology establishment license is limited to electrology,

the supervising licensee shall be a licensed electrologist. A

licensed cosmetologist shall not supervise a cosmetology

establishment whose cosmetology license is limited to rendering

electrology unless the cosmetologist is licensed as an

electrologist.that the operator is not licensed to provide in the

establishment.

(4) The department may grant a temporary establishment license

to a person who has fulfilled all licensure requirements except for

the completion of the inspection.

(5) The transfer of ownership or location of a cosmetology

establishment voids the license. The filing of a new license

application is a predicate to the change in ownership or location

of an establishment.

(6) The license of the establishment and of each individual

working in the establishment shall be displayed in a prominent

place which is visible to the public at all times. The license of

an individual working in the establishment may be posted at the

individual's work station.

(4) The license of the operator of a cosmetology establishment

is considered void if there is a sale or other transfer of the

cosmetology establishment, a sale or other transfer of the

ownership of the operator, or a change in the location of the

cosmetology establishment. A person whose license is void under

this subsection must submit a new license application and obtain a

new license to continue to provide cosmetology services.

(5) This section only applies to a cosmetology establishment

that is a mobile salon beginning on the effective date of rules

promulgated under section 1203 for the operation of mobile salons.

Sec. 1205. (1) The department shall issue a license to a

person for the operation of to operate a school of cosmetology, at

the premises specified in the license application, if all of the

following requirements are met:

(a) An application is submitted to the department by the owner

or manager or on behalf of the proposed operator of the school.

(b) The application includes the address of the premises of

the school and a drawing or diagram that indicates of the premises

to be licensed, showing that shows that the premises are fully

partitioned from any other activity, business, or dwelling. The

drawing or diagram must also indicate the location of required

equipment and facilities. shall also be shown on the diagram.

$10,000.00 has been furnished with the department, in favor of the

people of this state for the use and benefit of students, and

conditioned upon on the faithful performance and satisfaction of

the contractual rights of students.

(d) Provisions have been made for the school to be under the

daily supervision of a licensed the school by a licensed

cosmetology instructor who has at least 3 years' experience in all

services of cosmetology being that are taught in the school.

(e) The school and its premises has have successfully passed

an inspection by the department conducted for the purpose of

determining whether the school has met and premises meet the

standards set forth in this article and rules promulgated by the

director.

(2) A school of cosmetology shall fulfill must meet all of the

following requirements:

(a) Shall maintain Maintain a course of practical training and

technical instruction, as outlined in the various curricula set

forth in rules promulgated by the director, equal to the

requirements for prelicensure training under this article. A school

of cosmetology shall teach hair care services, skin care services,

and manicuring services and may hold a limited license for the

teaching of electrology. However, if the operator of a school of

cosmetology with a holds a license limited that limits the school

to only to the teaching of electrology, the school shall teach only

electrology and not any other cosmetology service.

(b) Shall possess Possess efficient apparatus and equipment

prescribed in rules promulgated by the director that are sufficient

for the ready and full teaching of each subject in the curriculum.

least 1 licensed instructor, who is competent to impart provide

instruction in each subject of its curriculum, for every 20

students.

(d) Shall be operated Operate for teaching purposes only.

(e) Instructors shall Allow instructors to practice on the

public only to demonstrate techniques to students and to correct

the work of students.

(f) If a specialist demonstrator gives a classroom

demonstration, ensure that a licensed instructor supervises the

demonstration.

(g) The premises of the school are completely separated by

full partitions and doors from any other activity, business, or

dwelling.

(h) (e) Shall provide for the display of the Display its

license of for the school of cosmetology and the license of each

instructor working who works in the school in a prominent place in

the school that is visible to the public at all times.

(i) A sign shall be displayed indicating Display a sign in the

school that states that services are rendered performed by students

of the school.

(j) (f) At the time of the enrollment of a student, shall

furnish the he or she enrolls in the school, provide to each

student a financial contract showing that states the total cost and

all charges involved in the complete course of study.

(k) Advertising matter put out by schools, when mentioning In

any advertising materials distributed or published by the school

that refer to the cost of tuition or related subjects, shall

furnish include the same financial information as described in this

subsection.subdivision (j).

(3) A cosmetology establishment exacting a fee for the

teaching of cosmetology or 1 or more services of cosmetology is

considered a school of cosmetology and is required to comply with

this section. A cosmetology establishment conducting an

apprenticeship program without charging a fee for the teaching of

cosmetology shall comply with subsection (5). A cosmetology

establishment which has successfully trained 1 apprentice is

eligible to train additional apprentices except that a cosmetology

establishment shall not have more than 2 apprentices at the same

time.The operator of a school of cosmetology shall ensure that the

school meets the requirements of subsection (2).

(4) The department may issue a limited school of cosmetology

license to the operator of a school teaching only that only teaches

electrology. A school of cosmetology whose license is limited to

teaching only that is only authorized to teach electrology shall

fulfill must meet all of the requirements of this section, except

that only an instructor who is authorized to perform electrology

may provide the daily supervision of the school shall be provided

by an electrology instructor required under subsection (1)(d), and

the curriculum offered and equipment and facilities required shall

be only those required for the teaching of electrology.

(5) A school of cosmetology or a cosmetology establishment

conducting an apprenticeship program shall comply with all of the

following requirements:

(a) Require that a student or apprentice be in attendance not

more than 7 hours per day or not more than 40 hours per week.

(b) Keep a daily record of the attendance of each student or

apprentice, a copy of which shall be sent to the department

monthly, establish grades, and require a student or apprentice to

pass an examination before certifying to the department that an

individual has completed training.

the public only after completing at least 350 hours of instruction

in the general cosmetology curriculum, including both theory and

practical hours. A student or apprentice in a natural hair

cultivation, manicuring, skin care, or electrology curriculum may

practice on the public only after completing at least 1/4 of the

hours required by the applicable curriculum, including both theory

and practical hours.

(6) The transfer of ownership or location of a school of

cosmetology voids the license. The filing of a new license

application is a predicate to the change in ownership or location

of a school.

(5) The license of the operator of a school of cosmetology is

considered void if there is a sale or other transfer of the school,

a sale or other transfer of the ownership of the operator, or a

change in the location of the school. A person whose license is

void under this subsection must submit a new license application

and obtain a new license to continue to operate a school of

cosmetology.

Sec. 1205a. (1) The operator of a school of cosmetology, or

the operator of a cosmetology establishment that conducts an

apprenticeship program, shall ensure that the school or

apprenticeship program meets all of the following requirements:

(a) A student or apprentice is not required to be in

attendance for more than 40 hours per week.

(b) A daily record of the attendance of each student or

apprentice is maintained and a copy of the record is sent to the

department monthly.

established.

(d) A student or apprentice is required to pass an examination

before the operator of the school or establishment certifies to the

department that he or she has completed training.

(e) A student or apprentice is only permitted to practice on

members of the public after he or she completes at least 350 hours

of instruction in the general cosmetology curriculum, including

both theory and practical hours. A student or apprentice in a

natural hair cultivation, manicuring, skin care, or electrology

curriculum may only practice on the public after he or she

completes at least 1/4 of the hours required by the applicable

curriculum, including both theory and practical hours.

(f) Before the school begins training a student, or the

establishment accepts an apprentice, the operator of the school or

establishment obtains proof that the student or apprentice has a

high school education, or the equivalent of a high school

education. This subdivision does not apply to a student who is

enrolling in a program offered as a part of the regular curriculum

of a public school and approved by the state board of education.

(g) Before the school begins training a student, or the

establishment accepts an apprentice, the operator of the school or

establishment submits an application to the department on behalf of

the student or apprentice. The operator of the school or

establishment shall retain a copy of the proof of education

described in subdivision (f), if applicable, and the application

described in this subdivision in the records of the school or

establishment until the student or apprentice applies for

examination to obtain a license.

(2) The operator of a cosmetology establishment that conducts

an apprenticeship program shall not charge a fee for the teaching

of cosmetology services to apprentices on the premises.

(3) The operator of a cosmetology establishment where 1

apprentice has been successfully trained may allow the training of

additional apprentices at the establishment, except that not more

than 2 apprentices may be trained at the same time.

(4) If the location of a cosmetology establishment where an

apprenticeship program is conducted changes, the operator of the

cosmetology establishment may continue the apprenticeship program

at the new location if a new license is issued under section

1204(4), and apprentices who were receiving training at the

original location may continue to receive training at the new

location.

Sec. 1211. (1) Upon submission of an application to the

department, an An individual who is licensed to perform cosmetology

services under the laws of another state may submit an application

to the department, and the department shall, without examination,

be granted issue a license to practice the perform those services

for which that individual was previously licensed if the department

determines that all of the following are met:

(a) The applicant is not less than 17 years of age, at least

17 years old.

(b) The applicant is of good moral character, and the

requirements for registration or licensure in the particular state

were substantially equal to the requirements then in force effect

in this state.

imposed against him or her by a similar licensing or registration

board of any other state.

(2) Years or months of experience may be substituted for hours

of training in a ratio of 100 hours of training credited for each 6

months of experience.

(3) An individual who is applying for licensure having based

on qualifications he or she acquired outside of the United States

shall must provide proof of training or experience, or both. The

department may determine whether or not an applicant is qualified

to be licensed eligible for a license without examination.

Sec. 1217. A licensee who that commits or has committed 1 or

more of the following is subject to the penalties set forth in

article 6:

(a) Continued practice by a person knowingly having an

individual who knows he or she has an infectious or contagious

disease.

(b) Practicing cosmetology on the public outside of the

premises of a licensed cosmetology establishment or school of

cosmetology. However, a licensed cosmetologist may serve perform

cosmetology services for a patron in at a location that is not on

the premises not licensed as of a licensed cosmetology

establishment provided that the services rendered involve a if the

services are performed at any of the following:

(i) A special event in which the cosmetology service is

required to be performed for an on-site participant of the event.

(ii) A nursing home, as defined in section 20109 of the public

health code, 1978 PA 368, MCL 333.20109, for a patient or resident

of that nursing home.

(iii) A home for the aged, as defined in section 20106 of the

public health code, 1978 PA 368, MCL 333.20106.

(iv) An adult foster care facility, as defined in section 3 of

the adult foster care facility licensing act, 1979 PA 218, MCL

400.703.

space or leasing space from a hospital, nursing home, convalescent

home, or similar facility for the purpose of practicing

cosmetology, without a cosmetology establishment license. However,

a licensed cosmetologist may practice on a patient in a hospital,

nursing home, convalescent home, or similar facility, or on a

person requiring home care because of an illness or infirmity.

Sec. 1218. (1) The department shall inspect each cosmetology

establishment at least once annually. The department shall inspect

each school of cosmetology or cosmetology establishment training

apprentices at least twice annually.may inspect a cosmetology

establishment or school of cosmetology to determine whether the

licensee is conforming to this article and the rules promulgated

under this article.

(2) A representative of the department shall be allowed to may

enter and inspect, during regular business hours, a cosmetology

establishment or school of cosmetology to determine whether the

licensee is conforming to this article and the rules promulgated

under this article.for purposes of subsection (1).

(3) A representative of the department, when inspecting a

cosmetology establishment or school of cosmetology, may require an

individual who is working in the establishment or school to present

identification in order to substantiate his or her identity as the

holder of a posted license.

Enacting section 1. Section 1214 of the occupational code,

1980 PA 299, MCL 339.1214, is repealed.

Enacting section 2. This amendatory act takes effect 90 days

after the date it is enacted into law.