[37 Pa.B. 4628]
[Saturday, August 25, 2007]
[Continued from previous Web Page]
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:
* * * * * Board--The State Board of Cosmetology [of the Commonwealth].
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, cosmetologist, cosmetician or manicurist.] The area of a salon in which a licensed cosmetologist or a holder of a limited license provides to a client a service for which a license is required under the act.
Braiding--Intertwining the hair in a systematic motion to create patterns in a three-dimensional form, inverting the hair against the scalp along part of a straight or curved row of intertwined hair, or twisting the hair in a systematic motion, including extending the hair with natural or synthetic hair fibers.
Bureau--The Bureau of Professional and Occupational Affairs [of the Commonwealth] in the Department of State.
Cosmetologist--A licensed individual who is engaged in the practice of cosmetology.
Cosmetology--
(i) Any or all work done for compensation by any person, which work is generally and usually performed by cosmetologists, which work is for the embellishment, cleanliness and beautification of the human hair, such as arranging, braiding, dressing, curling, waving, permanent waving, cleansing, cutting, singeing, bleaching, coloring, pressing, or similar work thereon and thereabout, and the removal of superfluous hair, and the massaging, cleansing, stimulating, manipulating, exercising, or similar work upon the scalp, face, arms or hands, or the upper part of the body, by the use of mechanical or electrical apparatus or appliances or cosmetics, preparations, tonics, antiseptics, creams or lotions, or by any other means, and of manicuring the nails, which enumerated practices shall be inclusive of the term cosmetology but not in limitation thereof.
(ii) The term also includes the acts comprising the practice of nail technology, natural hair braiding and esthetics.
Department--The Commissioner of Professional and Occupational Affairs in the Department of State.
Esthetics--The practice of massaging the face, applying cosmetic preparations, antiseptics, tonics, lotions or creams to the face, removing superfluous hair by tweezers, depilatories or waxes and the dyeing of eyelashes and eyebrows.
Esthetician--An individual licensed by the Board to practice esthetics.
Lavatory--A working toilet and a working sink with hot and cold running water that are located in a separate room that affords privacy to the user.
Limited license--A license issued by the Board to an individual which permits that individual to engage in the practice of esthetics, natural hair braiding or nail technology.
Limited practice salon--A salon licensed by the Board for the provision of esthetician services, nail technology services or natural hair braiding services only.
Limited practice teacher--A teacher licensed by the Board for the purpose of providing instruction in the area of esthetics, nail technology or natural hair braiding only.
[Manicuring--Work or maintenance done to the nail or cuticle of the hands or the feet for cosmetic purposes including, and limited to, filing, polishing, coating, nipping, shaping, sculpturing and applying artificial tips and other extensions. The term does not include the removal of corns and callouses but does include the removal of thin, dry skin for cosmetic purposes with a pumice stone or similar nonmetal instrument.]
Nail technician--An individual licensed by the Board to engage in the practice of nail technology.
Nail technology--The practice of manicuring the nails of an individual, applying artificial or sculptured nails to an individual, massaging the hands of an individual or massaging the lower arms of an individual up to the individual's elbow, massaging the feet of an individual or the lower legs of an individual up to the individual's knee, or a combination of these acts.
Natural hair braider--An individual licensed by the Board to engage in the practice of natural hair braiding.
Natural hair braiding--
(i) The practice of utilizing techniques that result in tension on hair roots of individuals, such as twisting, wrapping, weaving, extending, locking or braiding of the hair.
(ii) The term 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 hair.
School of cosmetology--Any individual, partnership, association, business corporation, nonprofit corporation, municipal corporation, school district or any group of individuals however organized whose purpose is to provide courses of instruction in cosmetology or the teaching of cosmetology.
Tanning units--Equipment that utilizes ultraviolet light for the purpose of cosmetic tanning.
§ 7.2. Fees.
Fees charged by the Board are as follows:
Licensure of cosmetologist, [manicurist or cosmetician] nail technician, esthetician or natural hair braider $10 Licensure of cosmetology teacher or limited practice teacher $10 Licensure of cosmetology [shop, manicurist shop or cosmetician shop] salon or limited practice salon $55 * * * * *
Biennial renewal of [manicurist's] nail technician license $35 Biennial renewal of [cosmetician's] esthetician license $35 Biennial renewal of [cosmetologist's] cosmetologist license $35 Biennial renewal of natural hair braider license $35 Biennial renewal of cosmetology [teacher's] teacher or limited practice teacher license $55 Biennial renewal of cosmetology [shop's] salon or limited practice salon license $60 [Biennial renewal of cosmetician or manicurist shop's license $60] Biennial renewal of cosmetology [school's] school license $150 * * * * *
Change in cosmetology[, cosmetician or manicurist shop] salon or limited practice salon (inspection required) $55 Change in cosmetology[, cosmetician or manicurist shop] salon or limited practice salon (no inspection required) $15 Change in cosmetology school (inspection required) $110 Change in cosmetology school (no inspection required) $35 Reinspection of cosmetology[, cosmetician or manicurist shop] salon or limited practice salon or cosmetology school $40 * * * * *
INDIVIDUAL LICENSES § 7.11. Types of individual licenses.
The following [license] licenses are issued by the Board to qualified individuals under the act:
(1) [Teacher] Cosmetology teacher.
(2) Limited practice teacher.
(3) Cosmetologist.
[(3) Cosmetician] (4) Esthetician.
[(4) Manicurist] (5) Nail technician.
(6) Natural hair braider.
§ 7.12. Scope of [teacher's] cosmetology teacher license.
An individual holding a [teacher's] cosmetology teacher license is qualified, without further licensure, to perform the functions of a teacher, cosmetologist, [cosmetician or manicurist] esthetician, nail technician or natural hair braider.
§ 7.12a. Scope of limited practice teacher license.
(a) An individual holding a limited practice teacher license in esthetics is qualified, without further licensure, to teach esthetics in a licensed school of cosmetology and to perform the functions of an esthetician.
(b) An individual holding a limited practice teacher license in nail technology is qualified, without further licensure, to teach nail technology in a licensed school of cosmetology and to perform the functions of a nail technician.
(c) An individual holding a limited practice teacher license in natural hair braiding is qualified, without further licensure, to teach natural hair braiding in a licensed school of cosmetology and to perform the functions of a natural hair braider.
§ 7.14. Scope of [cosmetologist's] cosmetologist license.
An individual holding a [cosmetologist's] cosmetologist license is qualified, without further licensure, to perform the functions of a cosmetologist, [cosmetician or manicurist] esthetician, nail technician or natural hair braider.
§ 7.14a. Scope of [cosmetician's] esthetician license.
An individual holding [a cosmetician's] an esthetician license is qualified to perform [cosmetician] esthetician services only.
§ 7.15. Scope of [manicurist's] nail technician license.
An individual holding a [manicurist's] nail technician license is qualified to perform [manicuring] nail technology services only.
§ 7.17. Scope of natural hair braider license.
An individual holding a natural hair braider license is qualified to perform natural hair braiding services only.
EXAMINATIONS § 7.31. Examination prerequisite for licensure; [exception] exceptions.
(a) Except as provided in [subsection] subsections (b) and (c), an individual who wants to obtain a [teacher's, cosmetologist's, cosmetician's or manicurist's] cosmetology teacher, limited practice teacher, cosmetologist, esthetician, nail technician or natural hair braider license listed in §§ 7.12--[7.15] 7.17 shall pass the examination required by the Board for that license.
* * * * * (c) Until _____ (Editor's Note: The blank refers to a date 1 year after the effective date of adoption of this proposed rulemaking.), the Board will issue a natural hair braider license to an applicant who does the following:
(1) Submits the application adopted by the Board.
(2) Pays the required licensing fee in § 7.2 (relating to fees).
(3) Provides proof that the applicant has practiced natural hair braiding for 3 consecutive years immediately prior to the date of the application for licensure.
(i) Proof of practice requires that the applicant provide tax records of employment and an affidavit from the applicant and the applicant's immediate supervisor, when applicable, verifying the applicant's practice of natural hair braiding for 3 consecutive years immediately prior to the date of the licensure application.
(ii) The Board will accept the information provided without penalty to the applicant for failure to comply with the licensing provisions prior to September 5, 2006, the effective date of the act of July 7, 2006 (P. L. 704, No. 99).
§ 7.31a. Examination dates and locations.
Licensing examinations are given [on the third Tuesdays of January, April, July and October] monthly in Philadelphia, Pittsburgh, [Wilkes-Barre, ] Harrisburg and [Erie] additional locations established by the examination administrator after consultation with the Board.
§ 7.32. Deadline for examination applications.
(a) The [deadlines] deadline for submitting an examination [applications are as follows:
Examination date Deadline for First-time examinees Deadline for Reexaminees 3rd Tuesday in January December 1 December 10 3rd Tuesday in April March 1 March 10 3rd Tuesday in July June 1 June 10 3rd Tuesday in October September 1 September 10] application is 1 month prior to the testing date for the specific location where the applicant intends to take the exam, a date established by the examination administrator.
* * * * * (c) A first-time examinee shall complete and pass both the theoretical and practical portions of the exam within 1 year. If the exam provider changes, the Board retains discretion to grant exceptions to this 1-year requirement to facilitate the transition from one exam provider to another.
§ 7.32a. Contents of examination application.
(a) The application of a first-time examinee [shall] must include the following:
(1) Proof of having met the requirements for the examination applied for as set forth in §§ 7.32b--7.32[f]h.
* * * * * § 7.32b. Requirements for [teacher's examination] teacher examinations.
(a) An applicant for the [teacher's] cosmetology teacher examination shall:
* * * * * (3) Possess a current [cosmetologist's] cosmetologist license.
(4) Have completed 500 hours of instruction in a cosmetology teacher curriculum [in] provided by a licensed school of cosmetology.
(b) An applicant for the limited practice teacher examination in esthetics, nail technology or natural hair braiding shall:
(1) Be 18 years of age or older.
(2) Have completed a 12th grade education or its equivalent.
(3) Possess a current limited license in the relevant limited practice field.
(4) Have completed 500 hours of instruction in a cosmetology teacher or limited practice teacher curriculum provided by a licensed school of cosmetology.
(c) An applicant who has already obtained a limited practice teacher license in one of the limited practice fields and desires to obtain a limited practice teacher license in an additional limited practice field shall:
(1) Meet the requirements in subsection (b) for the additional limited practice field.
(2) Successfully complete the practical portion of the teacher examination for the additional limited practice field in which the applicant desires to become a licensed teacher.
§ 7.32d. Requirements for [cosmetologist's] cosmetologist examination.
(a) An applicant for the [cosmetologist's] cosmetologist examination who holds no limited licenses shall:
* * * * * (c) An applicant for the cosmetologist examination who holds one or more active limited licenses issued by the Board and who obtained educational credits through a licensed cosmetology school will be given credit for the number of educational hours obtained to qualify for the active limited license or licenses as follows:
(1) An applicant who holds an active esthetician license will be given credit for 160 hours toward the total cosmetology training program of 1,250 hours.
(2) An applicant who holds an active nail technician license will be given credit for 100 hours toward the total cosmetology training program of 1,250 hours.
(3) An applicant who holds an active natural hair braider license will be given credit for 125 hours toward the total cosmetology training program of 1,250 hours.
(d) An applicant seeking credit for educational credits under subsection (c) shall complete the total of 1,250 cosmetology training hours, including those already completed in the limited license practice field for which the applicant is seeking credit, within 4 consecutive years.
§ 7.32e. Requirements for [cosmetician's] esthetician examination.
(a) An applicant for the [cosmetician's] esthetician examination shall [have]:
(1) Be 16 years of age or older.
(2) Except as provided in subsection (b), have done one of the following:
(i) Completed a 10th grade education or its equivalent.
(ii) Received training from or under the auspices of the Bureau of Rehabilitation in the Department of Labor and Industry.
(3) Have completed 300 hours of instruction in skin care in a licensed school of cosmetology.
(b) Subsection (a)(2) does not apply to an applicant who is one of the following:
(1) A veteran.
(2) Thirty-five years of age or older.
§ 7.32f. Requirements for [manicurist's] nail technician examination.
(a) An applicant for the [manicurist's] nail technician examination shall [have]:
(1) Be 16 years of age or older.
(2) Except as provided in subsection (b), have done one of the following:
(i) Completed a 10th grade education or its equivalent.
(ii) Received training from or under the auspices of the Bureau of Rehabilitation in the Department of Labor and Industry.
(3) Have completed 200 hours of instruction in [manicuring] nail technology in a licensed school of cosmetology.
(b) Subsection (a)(2) does not apply to an applicant who is one of the following:
(1) A veteran.
(2) Thirty-five years of age or older.
§ 7.32g. Issuance of temporary licenses to qualified examination applicants.
(a) A temporary license may be issued to an applicant who is eligible for admission to the [cosmetologist's or manicurist's] cosmetologist examination or to any limited license examination and who pays the examination fee set by the professional testing organization and the license fee prescribed in § 7.2 (relating to fees). The purpose of a temporary license is to allow an otherwise qualified applicant to practice pending the applicant's scoring a passing grade on the examination.
(b) A temporary license is valid for 9 months [or until the next examination, whichever comes first].
(c) The holder of a temporary [cosmetologist's] cosmetologist license shall practice under the supervision of a licensed cosmetology teacher or cosmetologist. The holder of a temporary [manicurist's] limited license shall practice under the supervision of a licensed cosmetology teacher [or], cosmetologist, limited practice teacher in the corresponding limited practice field or holder of a corresponding limited license.
§ 7.32h. Requirements for natural hair braider examination.
(a) An applicant for the natural hair braider examination shall:
(1) Be 16 years of age or older.
(2) Except as provided in subsection (b), have done one of the following:
(i) Completed a 10th grade education or its equivalent.
(ii) Received training from or under the auspices of the Bureau of Rehabilitation in the Department of Labor and Industry.
(3) Have completed 300 hours of Board-approved subjects relating to sanitation, scalp care, anatomy and natural hair braiding in a licensed school of cosmetology.
(b) Subsection (a)(2) does not apply to an applicant who is one of the following:
(1) A veteran.
(2) Thirty-five years of age or older.
§ 7.34. Models for practical portion of examination.
An examinee taking the practical part of [an] the esthetics examination shall bring with him a model.
§ 7.35. Failure of examination.
An examinee who fails either the practical or theoretical part of the examination for a cosmetology teacher, limited practice teacher, cosmetologist, [cosmetician or manicurist] esthetician, nail technician or natural hair braider license will be required to retake and pass the failed portion of the examination within 1 year of the date the examinee takes and passes the other portion of the examination.
DISPLAY, LOSS AND RENEWAL OF LICENSES AND PERMITS § 7.41. Display of licenses [and permits].
(a) A salon license [or permit] issued by the Board shall be displayed in a conspicuous place within the business premises of the salon.
(b) An individual license shall be readily available for inspection by the public or representatives of the Board at the place of business or employment of the individual holding the license [or permit].
§ 7.43. Expiration and renewal of licenses.
(a) Licenses issued by the Board expire at biennial intervals. A license renewal [application] notice is mailed to each licensee approximately 4 weeks before the license expiration date. Renewal of the license is accomplished by submission of the license renewal application and the license renewal fee prescribed in § 7.2 (relating to fees).
* * * * * (c) Within 2 years of the initial issuance of a natural hair braider license issued without examination under § 7.31(c) (relating to examination prerequisite for licensure; exceptions), the natural hair braider licensee shall provide to the Board proof that the licensee has completed 150 hours of education from a licensed school of cosmetology as a condition of renewal of the license. The 150 hours of education must include, at a minimum:
(1) 75 hours in scalp care.
(2) 50 hours in hygiene.
(3) 25 hours in occupational safety, the provisions of the act and this chapter.
§ 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] cosmetology teacher, limited practice teacher, cosmetologist, esthetician, nail technician or natural hair braider 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.
LICENSURE AND MANAGEMENT OF [SHOPS] SALONS § 7.50. Applicability of requirements.
The requirements of §§ 7.51--7.53, 7.65 and 7.71--7.71b, 7.75--7.78, 7.81 and 7.82, apply equally to cosmetology [shops, cosmetician shops and manicurist shops] salons, esthetician salons, nail technology salons and natural hair braiding salons, unless the context indicates otherwise.
§ 7.51. Application for a [shop] salon license.
(a) An owner-applicant for a [shop] salon license shall submit a license application to the Board with the following:
(1) A sketch plan showing the layout of the [shop] salon, including the position of the doors, windows, partitions, shampoo basins, lavatories, adjustable chairs and other floor equipment.
(2) The name and license number of the individual who will be the designated person in charge of the [shop] salon in the absence of the owner.
(3) The [shop] salon license fee prescribed in § 7.2 (relating to fees).
(b) A license will not be issued until the Board has verified the sworn statements made by the owner-applicant in the application and the [shop] salon has been inspected by a Bureau inspector for compliance with the facility requirements of this chapter. If the inspector determines that the [shop] salon meets the facility requirements of the act and this chapter, a license will be issued.
§ 7.52. Change of location or physical dimensions.
(a) A [shop] salon license is valid only for the location stated on the license. The owner of a [shop] salon who wishes to change its location shall submit an application to the Board for a change of [shop] salon location together with the information required in § 7.51 (relating to application for [shop] salon license) and the fee for change of [shop] salon location prescribed in § 7.2 (relating to fees). The application will be processed in the manner prescribed by § 7.51.
(b) A [shop] salon owner shall submit to the Board for its approval a sketch plan of any proposed change in the physical dimensions of the [shop] salon.
§ 7.53. Change of ownership.
The owner of a [shop] salon shall immediately notify the Board in writing of a change in the controlling ownership of the [shop] salon. If a partner or co-owner is being added or deleted, the owner shall submit to the Board an application for change of license and the fee for change of license prescribed in § 7.2 (relating to fees).
§ 7.62. Management of [cosmetology shop] salons.
(a) A cosmetology [shop] salon shall be managed by the [shop] salon owner or, in the absence of the [shop] salon owner, a person in charge designated by the [shop] salon owner.
(b) The designated person in charge shall be a licensed cosmetologist[.], except as follows:
(1) In the case of [a cosmetician shop] an esthetician salon, the designated person in charge may be either a licensed cosmetologist or a licensed [cosmetician] esthetician.
(2) In the case of a [manicurist shop] nail technology salon, the designated person in charge may be either a licensed cosmetologist or a licensed [manicurist] nail technician.
(3) In the case of a natural hair braiding salon, the designated person in charge may be either a licensed cosmetologist or a licensed natural hair braider.
(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] salon as required by section 4.4(b) of the act.
(d) The owner or designated person in charge of the [shop] salon shall be readily available in person to Bureau inspectors during regular business hours.
§ 7.64. Responsibilities of [shop] salon owner or designated person in charge.
(a) The primary responsibilities of a [shop] salon owner and designated person in charge are the administration of the business and personnel affairs of the [shop] salon and to assure compliance within the [shop] salon with all laws of the Commonwealth, this chapter and the Pennsylvania Human Relations Act (43 P. S. §§ 951--963).
(b) A [shop] salon 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 employee of the [shop] salon, if the owner or designated person in charge had knowledge of, or control over, the violation or should have had knowledge or control.
§ 7.65. Rental of booth space.
The rental of booth space within a [shop] salon is prohibited.
§ 7.66. Discrimination.
It is prohibited for any person to refuse, withhold from, or deny to any person because of the person's race, color, religious creed, ancestry or National origin, either directly or indirectly, any of the accommodations, advantages, facilities or privileges of a cosmetology, [cosmetician or manicuring shop] esthetician, nail technology or natural hair braiding salon.
PHYSICAL REQUIREMENTS OF A [BEAUTY SHOP] SALON § 7.71. Equipment and supplies for a cosmetology [shop] salon.
(a) A cosmetology [shop shall] salon must contain the following equipment, which is considered the minimum equipment needed for a [shop] salon with one cosmetologist:
* * * * * (2) One [dresserette] styling station with mirror.
(3) One labeled first-aid kit[.] containing the following items:
(i) An antiseptic.
(ii) Cotton balls.
(iii) Protective plastic or latex gloves.
(iv) A blood spill kit.
(v) A hazardous waste bag.
(vi) Eyewash.
(vii) Burn ointment.
(viii) Plastic or latex bandage strips of varying sizes and shapes.
(ix) Sterile gauze pads.
* * * * * (8) [One container for hair pins or clips.
(9) One neck strip dispenser.
(10)] A closed storage area for soiled linen.
[(11)] (9) One timer clock.
[(12)] (10) One closed towel cabinet for clean linen.
[(13) One dry sterilizer] (11) A closed container for sanitized implements.
[(14)] (12) One wet [sterilizer] sanitizer.
[(15)] (13) A reception desk.
(14) Twelve sanitary towels for each styling station in the salon.
(15) One sink with hot and cold running water that is readily accessible to each styling station in the work area of the salon.
(16) One multipurpose fire extinguisher suitable for use on Class A, B and C fires.
* * * * * § 7.71a. Equipment and supplies for [a cosmetician shop] an esthetician salon.
(a) [A cosmetician shop shall] An esthetician salon must contain the following equipment and supplies, which is considered the minimum equipment needed for a [shop] salon with one [cosmetician] esthetician:
* * * * * (2) One [dresserette] work station with mirror.
(3) One labeled first-aid kit[.] containing the following items:
(i) An antiseptic.
(ii) Cotton balls.
(iii) Protective plastic or latex gloves.
(iv) A blood spill kit.
(v) A hazardous waste bag.
(vi) Eyewash.
(vii) Burn ointment.
(viii) Plastic or latex bandage strips of varying sizes and shapes.
(ix) Sterile gauze pads.
* * * * * (8) [One dry sterilizer] A closed container for sanitized implements.
(9) One wet [sterilizer] sanitizer.
* * * * * (12) Twelve sanitary towels for each work station in the salon.
(13) One sink with hot and cold running water that is readily accessible to each work station in the work area of the salon.
(14) One multipurpose fire extinguisher suitable for use on Class A, B and C fires.
(b) For each additional [cosmetician] esthetician, equipment and supplies shall be increased so that each [cosmetician] esthetician can render services safely and efficiently.
§ 7.71b. Equipment and supplies for a [manicuring shop] nail technology salon.
(a) A [manicuring shop shall] nail technology salon must contain the following equipment and supplies, which is considered the minimum equipment needed for a [shop] salon with one [manicurist] nail technician:
* * * * * (4) One labeled first-aid kit containing the following items:
(i) An antiseptic.
(ii) Cotton balls.
(iii) Protective plastic or latex gloves.
(iv) A blood spill kit.
(v) A hazardous waste bag.
(vi) Eyewash.
(vii) Burn ointment.
(viii) Plastic or latex bandage strips of varying sizes and shapes.
(ix) Sterile gauze pads.
* * * * * (8) [Clean linen] Twelve sanitary towels for each work station in the salon.
(9) One wet [sterilizer] sanitizer.
(10) [One dry sterilizer] A closed container for sanitized implements.
* * * * * (12) One sink with hot and cold running water that is readily accessible to each work station in the work area of the salon.
(13) One multipurpose fire extinguisher suitable for use on Class A, B and C fires.
(b) For each additional [manicurist] nail technician, equipment and supplies shall be increased so that each [manicurist] nail technician can render services safely and efficiently.
§ 7.71c. Equipment and supplies for a natural hair braiding salon.
(a) A natural hair braiding salon must contain the following equipment and supplies, which is considered the minimum equipment needed for a salon with one natural hair braider:
(1) One adjustable chair.
(2) One styling station with mirror.
(3) One labeled first-aid kit containing the following items:
(i) An antiseptic.
(ii) Cotton balls.
(iii) Protective plastic or latex gloves.
(iv) A blood spill kit.
(v) A hazardous waste bag.
(vi) Eyewash.
(vii) Burn ointment.
(viii) Plastic or latex bandage strips of varying sizes and shapes.
(ix) Sterile gauze pads.
(4) One dryer or blow dryer.
(5) One shampoo tray or basin.
(6) Twelve combs and twelve brushes.
(7) One covered waste container.
(8) A closed storage area for soiled linen.
(10) One closed towel cabinet for clean linen.
(11) A closed container for sanitized implements.
(14) One wet sanitizer.
(15) A reception desk.
(16) Twelve sanitary towels for each styling station in the salon.
(17) One sink with hot and cold running water that is readily accessible to each styling station in the work area of the salon.
(18) One multipurpose fire extinguisher suitable for use on Class A, B and C fires.
(b) For each additional natural hair braider, equipment and supplies shall be increased so that each natural hair braider can render services safely and efficiently.
§ 7.75. Entrances.
The entrance to a [shop] salon that is located in a private home [shall] must permit clients to enter the [shop] salon directly from the public thoroughfare without passing through any part of the home.
§ 7.76. Floor space.
(a) The floor area of a [shop] salon operated by one licensee shall have a minimum area of 180 square feet with a minimum width of 10 feet. An additional area of at least 60 square feet is required for each additional licensee in the [shop] salon. The Board, upon an applicant's request, may grant a variance from the space requirements concerning a [shop] salon which the Board believes is reasonable.
(b) [Shops] Salons opened prior to September 15, 1976, which have been operating with one cosmetologist shall have sufficient floor space to properly install the equipment with regard to the health and safety of the patrons of the cosmetology [shop] salon. It is suggested that the floor space be a minimum of 10 feet by 12 feet or 120 square feet, with 60 square feet for each additional operator. The Board, after examination of the [shop's] salon's layout, may grant variance from the [shop] salon space requirements which the Board believes is reasonable.
§ 7.77. Use of [shop] salon for other purposes prohibited.
No part of a [shop] salon, including lavatories and laundry facilities, may be used for other purposes.
§ 7.78. Sign.
A [shop shall] salon must shall display, at or near its main entrance, a sign that is clearly visible indicating to the public that it is a cosmetology [shop] salon or limited practice salon.
§ 7.79. Lavatories.
A [shop] salon shall have adequate lavatories on the premises. For the purposes of this section, ''on the premises'' means within the square footage of the salon.
ACTIVITIES OUTSIDE A [SHOP] SALON § 7.81. Rendering of services outside a [shop] salon.
A cosmetologist or holder of a limited license, with the permission of the employing [shop] salon, may render by appointment cosmetology or limited license services to persons at their residences and to persons who are confined to institutions due to illness, imprisonment, old age or similar circumstances.
§ 7.82. Record of services rendered outside a [shop] salon.
A [cosmetologist] licensee who renders [cosmetology] licensed services outside the [shop] salon shall maintain at the employing [shop] salon complete records for each service rendered outside the [shop] salon, including the date, time, place and fee charged. The record of outside services shall be considered part of the records of the [shop] salon.
§ 7.83. Responsibility of a [shop] salon for outside services.
A [shop that sponsors] salon through which appointments are made for the rendering of cosmetology or limited license services outside the [shop] salon shall be responsible for ensuring that the [cosmetologists] licensees are fully supplied and equipped when they perform services outside the [shop] salon and that all other requirements of this chapter are complied with.
HEALTH AND SAFETY IN [SHOPS] SALONS § 7.90. Applicability of requirements.
The requirements of this section and §§ 7.91--7.98 and 7.100 apply equally to cosmetology [shops, cosmetician shops and manicurist shops] salons, esthetician salons, nail technology salons and natural hair braiding salons, unless the context indicates otherwise.
§ 7.91. Sanitation and safety generally.
(a) A [shop shall] salon must be well lighted and well ventilated.
(b) All areas of the [shop] salon, including the floors and lavatories, shall be maintained in a safe, orderly and sanitary condition.
(c) Sharp implements shall be stored upright with the points down or in a protective case.
§ 7.92. [Sterilization] Sanitization of equipment.
Razors for hair, tweezers, combs, hairbrushes, and other tools, instruments, utensils and appliances that come into contact with a client shall be sanitized immediately after each use and maintained in a sanitary condition at all times.
§ 7.93. Sanitary use of towels.
(a) Only clean cloth towels or disposable paper towels shall be used on clients. Unused cloth towels shall be kept in a closed cabinet. Unused paper towels shall be kept in a closed cabinet or closed towel dispenser. A cloth towel that has been used on a client shall be immediately placed in a closed container for soiled linen. A disposable paper towel that has been used on a client shall be immediately discarded in a covered waste container.
* * * * * § 7.94. Sanitary use of supplies.
(a) The use of powder puffs or styptic pencils in a [shop] salon is prohibited.
* * * * * (c) Creams and other semisolid substances shall be removed from their containers with a sterile spatula or similar utensil. The spatula or similar utensil may not be permitted to come into contact with the skin or hair of a client.
* * * * * § 7.95. Individual cleanliness.
Every [shop employe] salon employee who serves the public shall be clean as to person and dress and shall thoroughly cleanse the hands immediately before rendering services to a client and immediately after using the lavatory.
§ 7.98. Violation of related laws.
The license of a licensee who has pled guilty or nolo contendere to, or has been convicted of, a felony under The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. §§ 780-101--780-144), or a similar State or Federal law, shall be subject to suspension or revocation under section [20] 13 of the act (63 P. S. § 519).
§ 7.100. Permanent wave [operation] operations and chemical applications.
A client may not be left unattended during the heating or processing period of a permanent wave operation or chemical application.
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:
(i) Possesses a current [teacher's] cosmetology teacher license issued by the Board.
(ii) Has done one of the following:
* * * * * (B) Acquired 1,250 hours of satisfactory experience as a cosmetology teacher and 1,800 hours of satisfactory work experience [as the designated person in charge of a cosmetology shop].
* * * * * § 7.114. School equipment and supplies.
(a) A school enrolling 25 students or less [shall] must have, at a minimum, the following equipment:
* * * * * (4) Four [dry sterilizers] closed containers for sanitized implements.
(5) Four wet [sterilizers] sanitizers.
* * * * * (9) Twelve [dresserettes] styling stations, mirrors and chairs.
* * * * * (20) Two sanitary towels per student.
* * * * * § 7.115. Student equipment and supplies.
(a) A school shall ensure that each cosmetology student possesses and maintains in sanitary condition the following:
* * * * * (3) One hair cutting razor.
* * * * * (7) Complete tools for [manicuring] nail technology, including emery boards, [nipper or scissors,] pusher and brush.
* * * * * (10) One pair of tweezers.
(b) A school shall ensure that each [cosmetician] esthetician student possesses and maintains in sanitary condition the following:
* * * * * (c) A school shall ensure that each [manicuring] nail technology student possesses and maintains in sanitary condition the following:
* * * * * (2) Complete tools for [manicuring] nail technology, including emery boards, [nipper or scissors,] pusher and brush.
* * * * * (4) A basic [manicuring] nail technology textbook.
(d) A school shall ensure that each natural hair braiding student possesses and maintains in sanitary condition the following:
(1) One shampoo cape.
(2) One comb-out cape.
(3) Two brushes.
(4) Six combs.
(5) A minimum of 100 pin curl clips.
(6) A carrying case of sufficient size to accommodate the equipment and supplies used by the student.
(7) A basic natural hair braiding textbook.
§ 7.118. Professional staff.
(a) A school shall employ as [instructors] teachers of courses that are part of the required curriculum persons who possess a current [teacher's] cosmetology teacher or limited practice teacher license issued by the Board, except that a school may employ as [instructors] teachers of business or teaching skills persons who hold a current teacher's certificate issued by the Department of Education.
(b) The [teacher's] license of each [instructor] teacher employed by the school shall be conspicuously displayed in the school.
(c) A school shall employ at least one full-time [instructor] teacher.
(d) The student/teacher ratio of a class taught for credit may not exceed 25 to 1, except if a guest lecture is given by a person who is not regularly employed by the school as an [instructor] teacher.
* * * * * § 7.118a. Uniforms.
Teachers and students shall be attired in washable uniforms during school hours. A [teacher's] teacher uniform [shall] must be distinguished from a [student's] student uniform.
§ 7.120. Work done by students on the public.
(a) A school may permit students who have completed at least 300 hours of instruction to work on the public, if the charges for the students' services are based on the reasonable cost of materials used on the client only.
* * * * * § 7.123. Duty work.
A school shall require students to keep their stations clean and to assist in general clean-up and other duties that may be required in an operating [shop] salon, except that students may not be required to scrub floors, wash windows or perform janitorial tasks.
§ 7.125. Health and safety in school.
A school shall observe the same health and safety requirements that are prescribed for [shops] salons in §§ 7.91--7.98, 7.100 and 7.101.
§ 7.128. Mandatory offering of cosmetology curriculum.
* * * * * (b) A school may offer instruction in the curriculum for teachers, [cosmeticians and manicurists] estheticians, nail technicians and natural hair braiders prescribed in § 7.129.
§ 7.129. Curriculum requirements.
(a) Except as provided in subsection (b), a school's cosmetology curriculum, excluding electives, [shall] must comprise [1250] 1,250 hours, and cover the following subjects; the accompanying breakdown of hours by subject is recommended:
BASIC COSMETOLOGY Recommended CURRICULUM Hours
Professional Practices
Bacteriology, [Sterilization] Disinfection,
Sanitation* * * * * PA [Beauty Culture] Cosmetology Law
* * * * * Cosmetology Skills-Cognitive and Manipulative 1,000
* * * * * [Manicuring] Nail technology
* * * * * (d) A school's [cosmetician] esthetics curriculum, excluding electives, [shall] must comprise 300 hours and cover the following subjects; the accompanying breakdown of hours by subject is recommended:
[COSMETICIAN] ESTHETICS CURRICULUM
* * * * * (e) A school's [manicurist] nail technology curriculum, excluding electives, [shall] must comprise 200 hours and cover the following subjects; the accompanying breakdown of hours by subjects is recommended:
[MANICURING] NAIL TECHNOLOGY COURSE OUTLINE
* * * * * (f) A school's natural hair braiding curriculum, excluding electives, must comprise 300 hours and cover the following subjects; the accompanying breakdown of hours by subjects is recommended:
NATURAL HAIR BRAIDING COURSE OUTLINE
Recommended Hours
Professional practices, including sanitation 50 Sciences, including scalp care and anatomy 125 Cognitive and manipulative skills related to natural hair braiding 125 Total 300
PREPARATION BY APPRENTICESHIP METHOD § 7.131. Introduction.
An individual who chooses to seek eligibility for the [cosmetologist's] cosmetologist examination by apprenticeship shall comply with section 10 of the act (63 P. S. § 516) and the applicable requirements of this subchapter.
§ 7.132. Apprentice curriculum.
The cosmetology teacher responsible for offering instruction to an apprentice in a cosmetology [shop] salon shall teach the same cosmetology curriculum that the Board prescribes for schools of cosmetology in § 7.129 (relating to curriculum requirements)[.], with additional hours included so that the total number of hours adds up to 2,000, as follows:
BASIC COSMETOLOGY APPRENTICE CURRICULUM
Professional Practices 50 Bacteriology, Disinfection, Sanitation
Professional Attitude
Business Practices
PA Cosmetology LawSciences 200 Histology
Trichology
Chemistry
Physiology
Cosmetic Dermatology
ElectricityCosmetology Skills-Cognitive and
Manipulative1,750 Shampooing
Hair Shaping
Hair Styling/Fingerwaving
Permanent Waving
Hair Coloring
Hair Straightening
Skin Care
Nail Technology
Temporary Hair Removal
Scalp Treatment
Care of all Hair Types and TexturesTotal 2,000 § 7.133. Application for apprentice permit.
To qualify for apprenticeship training in a cosmetology [shop] salon, an individual shall apply to the Board for an apprentice permit.
§ 7.134. Apprentice reports.
The owner of a cosmetology [shop] salon that employs apprentices shall submit to the Board, on a form provided by the Board, a quarterly report of the hours earned by each apprentice. The reports shall be submitted by the following dates: April 15, July 15, October 15 and January 15.
[Pa.B. Doc. No. 07-1548. Filed for public inspection August 24, 2007, 9:00 a.m.]
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