RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF COSMETOLOGY
[49 PA. CODE CH. 7]
Accreditation of Licensed Schools
[37 Pa.B. 20]
[Saturday, January 6, 2007]The State Board of Cosmetology (Board) amends §§ 7.111 and 7.113a (relating to application for a school license; and accreditation by a Nationally recognized accrediting agency).
A. Effective Date
The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.
B. Statutory Authority
Section 11 of the act of May 3, 1933 (P. L. 242, No. 86) (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 Purpose
Since 1991, § 7.113a has required a cosmetology school, within 5 years of being licensed by the Board, to submit to the Board proof that it is accredited by a Nationally recognized accrediting agency. In the intervening period, the Board has encountered instances in which a school licensee, prior to submitting proof of accreditation, changes ownership, location or name, and then asserts that the 5-year clock for accreditation should begin running again. Because the regulation is not clear on this question, some school licensees have managed to avoid submitting proof of accreditation for periods exceeding 5 years. Additionally, confusion has occurred with regard to whether, and for how long, a school is required to maintain that accreditation after submitting proof of it to the Board. This final-form rulemaking resolves both the issue of maintenance of accreditation and the issue of change of ownership, name or location, thereby eliminating the related regulatory construction problems that exist under the current language and clarifying the accreditation requirement.
D. Description of Amendments
The final-form rulemaking adds a paragraph to § 7.111(a), makes a technical change to § 7.111(b), deletes an obsolete sentence from § 7.113a and adds three subsections to that provision. The additions amplify and clarify the requirement that a school licensed by the Board submit to the Board, within 5 years after the Board licenses it, proof that the school is accredited by a Nationally recognized accrediting agency. The final-form rulemaking also establishes the requirement that a licensed school maintain accreditation to renew its license biennially. And finally, in response to concerns expressed in comments by the House Professional Licensure Committee (HPLC) and the Independent Regulatory Review Commission (IRRC) during proposed rulemaking, the final form rulemaking adds a provision allowing the Board the discretion to grant a variance from the ''accreditation within 5 years of licensure'' requirement for good cause shown by a new owner. This is designed to cover a situation when a new owner, in good faith, takes over a school which a prior owner neglected to accredit, but the new owner may only have a short period, such as 6 months or 1 year, remaining to obtain accreditation prior to the expiration of 5 years from initial licensure. In this case, the new owner could apply to the Board for an extension of the 5-year accreditation period for up to 5 additional years.
Section 7.111(a) is amended by adding paragraph (7) to establish the requirement that an owner-applicant for a school license shall include, with the license application to the Board, proof that the school is already accredited or that the school has made application for accreditation to comply with § 7.113a. The new paragraph also specifies that certification or approval by the Department of Education suffices as proof of accreditation for secondary vocational technical schools.
Section 7.111(b) is amended by insertion of the term ''school'' in the first line to make it clear that school licenses are the subject of the provision.
Section 7.113a is amended by deleting the now obsolete provision that a school licensed by the Board as of May 25, 1991, shall submit proof of accreditation by May 25, 1996.
Section 7.113a(b) is added to specify that the requirement that a school submit proof of accreditation within 5 years of initial licensure is not negated by a change of ownership, name or location of the school within or following the 5-year period after initial licensure.
Section 7.113a(c) is added to allow the Board the discretion to grant a variance from the ''accreditation within 5 years of licensure'' requirement for good cause shown by a new owner. In this case, the new owner could apply to the Board for an extension of the 5-year accreditation period for up to 5 additional years.
Section 7.113a(d) is added to establish the requirement that a school, after initial accreditation, shall maintain accreditation to renew its license biennially.
E. Summary of Comments and Responses to Proposed Rulemaking
Proposed rulemaking was published at 36 Pa.B. 1229 (March 18, 2006) followed by a 30-day public comment period. The Board did not receive any comments from the general public or from the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC). Both the HPLC and IRRC commented, expressing concern about there being no provision for the Board to grant extensions or the like to new owners, acting in good faith, who cannot meet the 5-year accreditation period because of a prior owner's delay in initiating or obtaining accreditation. In response to those comments, the Board added § 7.113a(c) to allow the Board the discretion to grant a variance from the ''accreditation within 5 years of licensure'' requirement for good cause shown by a new owner. This is designed to cover the situation about which the comments expressed concern. Under the added subsection, the new owner could apply to the Board for an extension of the 5-year accreditation period for up to 5 additional years.
F. Fiscal Impact and Paperwork Requirements
There is no adverse fiscal impact or paperwork requirement imposed on the Commonwealth, political subdivisions or the private sector.
G. Sunset Date
The Board continuously monitors its regulations. Therefore, no sunset date has been assigned.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 8, 2006, the Board submitted a copy of the notice of proposed rulemaking, published at 36 Pa.B. 1229, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the SCP/PLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the HPLC, the SCP/PLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on November 21, 2006, the final-form rulemaking was approved by the HPLC. On November 29, 2006, the final-form rulemaking was deemed approved by the SPC/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 30, 2006, and approved the final-form rulemaking.
I. Contact Person
Further information may by obtained by contacting Hilarene Staller, Board Administrator, State Board of Cosmetology, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7130.
J. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and no comments were received.
(3) The final-form rulemaking does not enlarge the purpose of the proposed rulemaking published at 36 Pa.B. 1229.
(4) This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing act identified in this preamble.
K. Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 7, are amended by amending § 7.111 to read as set forth at 36 Pa.B. 1229 and by amending § 7.113a to read as set forth in Annex A.
(b) The Board shall submit this order, 36 Pa.B. 1229 and Annex A to the Office of General Counsel and the Office of Attorney General as required by law.
(c) The Board shall certify this order, 36 Pa.B. 1229 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
SUSAN E. RINEER,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 36 Pa.B. 7777 (December 16, 2006).)
Fiscal Note: Fiscal Note 16A-4511 remains valid for the final adoption of the subject regulations.
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
LICENSURE AND ADMINISTRATION OF SCHOOLS OF COSMETOLOGY § 7.113a. Accreditation by a Nationally recognized accrediting agency.
(a) Accreditation required. Within 5 years after being licensed by the Board, a school shall submit to the Board proof that it is accredited by a Nationally recognized accrediting agency.
(b) Change of ownership, name or location. Except as otherwise provided in subsection (c), a change of ownership, name or location of the school within or following the 5-year period after initial licensure does not negate or postpone the requirement for accreditation within 5 years of initial licensure.
(c) Extension for good cause. The Board, upon good cause shown by a new owner who has taken ownership of a school within the 5-year period after initial licensure, may extend the period for obtaining accreditation for up to an additional 5 years from the date the new owner takes ownership.
(d) Biennial renewal. After initial accreditation, a licensed cosmetology school shall maintain accreditation as a condition of biennial renewal of the school license.
[Pa.B. Doc. No. 07-6. Filed for public inspection January 5, 2007, 9:00 a.m.]
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