SB-0751, As Passed House, December 5, 2018

SB-0751, As Passed Senate, April 11, 2018

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 751

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1980 PA 299, entitled

 

"Occupational code,"

 

by amending section 1203a (MCL 339.1203a), as added by 1997 PA 97.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1203a. (1) An Subject to subsection (5), an individual

 

shall not render perform any form of cosmetology services, with or

 

without compensation, on any individual other than a member of his

 

or her immediate family without a license under this article.

 

However, this article does not apply to an individual, person, or

 

premises that is licensed under article 11 while rendering

 

performing the services of a barber.

 

     (2) An individual who is licensed as a cosmetologist under

 

this article may render perform hair care services, skin care

 

services, natural hair cultivation, and manicuring services as part

 

of the practice of cosmetology, but shall not render perform

 

electrology without being unless he or she is licensed as an

 

electrologist.

 

     (3) The department may license an individual to render perform

 

manicuring services, natural hair cultivation, or skin care

 

services in accordance with his or her training. An individual who

 

is licensed as a manicurist, natural hair culturist, or esthetician

 

shall only render perform that particular service and shall not

 

render perform any other cosmetology service without being unless

 

he or she is licensed for that service. An individual who is

 

licensed as a manicurist, natural hair culturist, or esthetician

 

shall not render perform electrology without being unless he or she

 

is licensed as an electrologist.

 

     (4) An individual who is licensed as an electrologist shall

 

render only perform electrology services and shall not render

 

perform any other cosmetology service without separately being

 

unless he or she is separately licensed to render perform those

 

services.

 

     (5) An individual who is a cosmetology student may perform

 

shampoo services in a cosmetology establishment on members of the

 

public without a license under this article if all of the following

 

are met at the time the individual performs the shampooing

 

services:

 

     (a) Except as provided in subsection (6), he or she is

 

enrolled in a school of cosmetology.

 

     (b) He or she has completed at least the 350 hours of

 

instruction in the school's general cosmetology curriculum that is

required under section 1205(5)(c). The instruction must include at

 

least the minimum number of practical applications established by

 

the director by rule.

 

     (c) The cosmetology establishment that is employing the

 

individual to perform shampoo services has received written

 

verification from the school of cosmetology the individual attends,

 

in the form of a letter on the school's letterhead, dated and

 

signed by the director or manager of that school, that states all

 

of the following:

 

     (i) The individual's full name.

 

     (ii) That the individual is currently enrolled in the school.

 

     (iii) That the individual meets the requirements described in

 

subdivision (b).

 

     (iv) His or her expected graduation date.

 

     (6) An individual who is performing shampooing services under

 

subsection (5) without a license under this article may continue to

 

perform those services at the cosmetology establishment without a

 

license for a period of 30 days after the date the individual is

 

scheduled to graduate from the school of cosmetology.

 

     (7) A cosmetology establishment that employs a cosmetology

 

student to perform shampoo services under subsection (5) must do

 

all of the following:

 

     (a) Maintain records of the student's employment and keep the

 

records on file for at least 3 years after the end of the

 

employment relationship. The records must include the verification

 

letter described in subsection (5)(c).

 

     (b) Allow the department access to the records described in

subdivision (a).

 

     (c) Ensure that the student does not perform cosmetology

 

services other than shampoo services while employed by the

 

establishment.

 

     (d) Ensure that a licensed cosmetologist is present in the

 

establishment when the student is performing shampoo services.

 

     (8) A school of cosmetology that provides a verification

 

letter described in subsection (5)(c) to a cosmetology

 

establishment must retain a copy of the letter in the student's

 

school record for at least 3 years after the student's expected

 

graduation date.

 

     (9) As used in this section, "shampoo services" means

 

preparing a customer for a shampoo, or shampooing or blow-drying a

 

customer, for a licensed cosmetologist.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.