PROPOSED RULEMAKING
[49 PA. CODE CH. 7]
Removal of Term ''Manager''
[36 Pa.B. 1231] The State Board of Cosmetology (Board) proposes to amend Chapter 7 (relating to State Board of Cosmetology) to read as set forth in Annex A. The proposed rulemaking removes the term ''manager'' and all references to a cosmetology shop manager license from the Board's regulations to conform them to the changes made to the act of May 3, 1933 (P. L. 242, No. 86) (Act 86) by the act of June 29, 2002 (P. L. 645, No. 98) (Act 98).
A. Effective Date
The proposed amendments will be effective upon final-form publication in the Pennsylvania Bulletin.
B. Statutory Authority
Section 11 of Act 86 (63 P. S. § 517) authorizes the Board to promulgate regulations generally for the conduct of persons, copartnerships, associations or corporations affected by Act 86.
C. Background and Need for Proposed Amendments
The Board's existing regulations were promulgated under prior language of section 4.4 of Act 86 (63 P. S. § 510.4), dating back to 1976, that required either an owner or a licensed manager employed by the owner to manage a shop. Accordingly, the existing regulations include a manager license classification as well as related provisions addressing licensure and management issues. All of these regulations consistently refer to the manager and to the prior language of section 4.4 of Act 86 regarding management of shops.
Section 4.4 of Act 86 was amended by the act of October 18, 2000 (P. L. 607, No. 81) to, among other things, limit the need for a licensed shop manager in some circumstances, but that amendment did not eliminate the manager license classification. Subsequently, Act 98 amended section 4.4 of Act 86 again, entirely removing the requirement that a cosmetology shop be managed by the shop's owner, a licensed manager or a licensed cosmetology teacher. In its place, Act 98 established the requirements that every shop owner designate a person in charge of the shop in the owner's absence, that the name of the owner or designated person in charge be posted in a conspicuous place in the shop and that the owner or designated person in charge be readily available to Bureau of Professional and Occupational Affairs inspectors during business hours.
Upon implementation of Act 98, the Board eliminated the license category of manager and no longer enforced the provisions of its regulations referring to the manager or the manager license classification. This proposed rulemaking amends the Board's regulations to delete the now obsolete references and to address the new requirements related to oversight of a shop by the owner or the designated person in charge.
D. Description of Proposed Amendments
The proposed amendments to §§ 7.1, 7.11(2), 7.12, 7.31(a), 7.32g(c) and 7.128(b) delete the term ''manager'' or ''manager's.'' Similarly, §§ 7.13, 7.32c and 7.129(d) (relating to scope of manager's license; requirements for manager's examination; and curriculum requirements) are deleted, as is the second sentence of § 7.45 (relating to reexamination if the license is not current for 5 or more years), because these provisions are now obsolete.
In §§ 7.51(a)(2), 7.64(a) and (b) and 7.111(a)(2)(ii)(B) (relating to application for a shop license; responsibilities of shop manager; and application for a school license), the proposed rulemaking substitutes the phrase ''the designated person in charge of the shop in the owner's absence'' for either the term ''manager'' or for a reference to the individual ''managing the shop.'' Additionally, in § 7.62 (relating to management of cosmetology shop), the proposed rulemaking adds language to subsection (a) establishing the need for the designated person in charge of the shop in the owner's absence to be a licensee; deletes an obsolete portion of subsection (b); and adds subsections (c) and (d), that vest certain responsibilities in both the owner and the designated person in charge of the shop in the owner's absence.
E. Fiscal Impact and Paperwork Requirements
There is no adverse fiscal impact or paperwork requirement imposed on the Commonwealth, any political subdivision or the private sector.
F. Sunset Date
The Board continuously monitors its regulations. Therefore, no sunset date has been assigned.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 8, 2006, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
H. Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Hilarene Staller, Administrator, State Board of Cosmetology, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
SUSAN E. RINEER,
ChairpersonFiscal Note: 16A-4513. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 7. STATE BOARD OF COSMETOLOGY GENERAL PROVISIONS § 7.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Booth space--Any area in a cosmetology shop, cosmetician shop or manicurist shop separated or not separated which is designated to be used by a licensed teacher, [manager,] cosmetologist, cosmetician or manicurist.
* * * * * § 7.2. Fees.
Fees charged by the Board are as follows:
* * * * * Licensure of [cosmetology shop manager or] cosmetology teacher $10
* * * * *
INDIVIDUAL LICENSES § 7.11. Types of individual licenses.
The following licenses are issued by the Board to qualified individuals under the act:
* * * * * (2) [Manager.
(3)] Cosmetologist.
[(4)](3) * * *
[(5)](4) * * *
§ 7.12. Scope of teacher's license.
An individual holding a teacher's license is qualified, without further licensure, to perform the functions of a teacher, [manager,] cosmetologist, cosmetician or manicurist.
§ 7.13. [Scope of manager's license] (Reserved).
[An individual holding a manager's license is qualified, without further licensure, to perform the functions of a manager, cosmetologist, cosmetician or manicurist.]
EXAMINATIONS § 7.31. Examination prerequisite for licensure; exception.
(a) Except as provided in subsection (b), an individual who wants to obtain a teacher's, [manager's] cosmetologist's, cosmetician's or manicurist's license listed in §§ 7.12--7.15 shall pass the examination required by the Board for that license.
* * * * * § 7.32c. [Requirements for manager's examination] (Reserved).
[An applicant for the manager's examination shall:
(1) Be 18 years of age or older.
(2) Have completed a 10th grade education or its equivalent.
(3) Possess a current cosmetology license.
(4) Have done one of the following:
(i) Completed 300 hours of instruction in the cosmetology manager curriculum in a licensed school of cosmetology.
(ii) Acquired 18 months' experience as a full-time cosmetologist in a licensed cosmetology shop or shared shop.]
§ 7.32g. Issuance of temporary licenses to qualified examination applicants.
* * * * * (c) The holder of a temporary cosmetologist's license shall practice under the supervision of a licensed teacher[, manager] or cosmetologist. The holder of a temporary manicurist's license shall practice under the supervision of a licensed teacher[, manager] or cosmetologist.
DISPLAY, LOSS AND RENEWAL OF
LICENSES AND PERMITS§ 7.45. Reexamination if the license is not current for 5 or more years.
The holder of a teacher's, cosmetologist's, cosmetician's or manicurist's license that has been expired or in escrow for at least 5 years shall retake and pass the practical part of the examination for that license before submitting a renewal application. [The holder of a manager's license that has been expired or in escrow for at least 5 years shall retake and pass the manager's examination before submitting a renewal application.]
LICENSURE AND MANAGEMENT OF SHOPS § 7.51. Application for a shop license.
(a) An owner-applicant for a shop license shall submit a license application to the Board with the following:
* * * * * (2) The name and license number of the individual who will be [managing the shop] the designated person in charge of the shop in the absence of the owner.
* * * * * § 7.62. Management of cosmetology shop.
(a) A cosmetology shop shall be managed by [a licensed manager or teacher unless the owner of the shop is operating as manager under section 4.4 of the act (63 P. S. § 510.4)] the shop owner or, in the absence of the shop owner, a person in charge designated by the shop owner.
(b) [If the manager or teacher who manages the shop is unable to be present in the shop during a specific period, such as breaks, days off, vacation or illness, not to exceed 3 months, a licensed cosmetologist may serve as temporary manager. If the absence is to exceed 2 weeks, the manager shall notify the Board in writing of the absence. A notice identifying the temporary manager shall be displayed in the shop. A temporary manager assumes the responsibilities of shop manager as set forth in § 7.64(b) (relating to responsibilities of shop manager).] The designated person in charge shall be a licensed cosmetologist.
(1) In the case of a cosmetician shop, the designated person in charge may be either a licensed cosmetologist or a licensed cosmetician.
(2) In the case of a manicurist shop, the designated person in charge may be either a licensed cosmetologist or a licensed manicurist.
(c) Both the owner and the designated person in charge are responsible for posting the name of the owner or designated person in charge in a conspicuous place in the shop as required by section 4.4(b) of the act.
(d) The owner or designated person in charge of the shop shall be readily available in person to Bureau inspectors during regular business hours.
§ 7.63. [Previous owner-managers] (Reserved).
[(a) Those beauty shop owners operating as their own managers prior to September 15, 1975, may continue to manage their own shops. The owners shall obtain a certificate of prior management from the Board and shall request this certificate by February 1, 1977.
(b) A certificate of prior management shall be on display.]
§ 7.64. Responsibilities of shop [manager] owner or designated person in charge.
(a) The primary responsibilities of a shop [manager] owner and designated person in charge are the administration of the business and personnel affairs of the shop and to assure compliance within the shop [of] with all laws of the Commonwealth, this chapter and the Pennsylvania Human Relations Act (43 P. S. §§ 951--963).
(b) A shop [manager] owner or designated person in charge will be subject to disciplinary action by the Board for a violation of the act or this chapter committed by a licensed [employe] employee of the shop, if the [manager] owner or designated person in charge had knowledge of, or control over, the violation or should have had knowledge or control.
LICENSURE AND ADMINISTRATION OF
SCHOOLS OF COSMETOLOGY§ 7.111. Application for a school license.
(a) An owner-applicant for a school license shall submit a license application to the Board with the following:
* * * * * (2) The name, signature and license number of the school supervisor, together with proof that the supervisor meets the following qualifications:
* * * * * (ii) Has done one of the following:
* * * * * (B) Acquired [1250] 1,250 hours of satisfactory experience as a cosmetology teacher and [1800] 1,800 hours of satisfactory experience as [a manager]the designated person in charge of a cosmetology shop.
* * * * * § 7.128. Mandatory offering of cosmetology curriculum.
* * * * * (b) A school may offer instruction in the curriculum for teachers, [managers,] cosmeticians and manicurists as prescribed in § 7.129.
§ 7.129. Curriculum requirements.
* * * * * (d) [A school's manager curriculum, excluding electives, shall comprise 300 hours and cover the following subjects; the accompanying breakdown of hours by subject is recommended:
MANAGER CURRICULUM Recommended
HoursCareer Development 50 Money Management 25 Salon Management 150 Salon Advertising 25 Merchandising 50 Total 300 (e)] A school's cosmetician curriculum, excluding electives, [shall] must comprise 300 hours and cover the following subjects; the accompanying breakdown of hours by subject is recommended:
* * * * * [(f)] (e) * * *
* * * * *
[Pa.B. Doc. No. 06-426. Filed for public inspection March 17, 2006, 9:00 a.m.]
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