[39 Pa.B. 219]
[Saturday, January 10, 2009]
[Continued from previous Web Page]
INDIVIDUAL LICENSES § 7.11. Types of individual licenses.
The following licenses are issued by the Board to qualified individuals under the act:
(1) Cosmetology teacher.
(2) Limited practice teacher.
(3) Cosmetologist.
(4) Esthetician.
(5) Nail technician.
(6) Natural hair braider.
§ 7.12. Scope of cosmetology teacher license.
An individual holding a cosmetology teacher license is qualified, without further licensure, to perform the functions of a teacher, cosmetologist, 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 license.
An individual holding a cosmetologist license is qualified, without further licensure, to perform the functions of a cosmetologist, esthetician, nail technician or natural hair braider.
§ 7.14a. Scope of esthetician license.
An individual holding an esthetician license is qualified to perform esthetician services only.
§ 7.15. Scope of nail technician license.
An individual holding a nail technician license is qualified to perform 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; exceptions.
(a) Except as provided in subsections (b) and (c), an individual who wants to obtain a cosmetology teacher, limited practice teacher, cosmetologist, esthetician, nail technician or natural hair braider license listed in §§ 7.12--7.17 shall pass the examination required by the Board for that license.
(b) An individual who meets the criteria for licensure by reciprocity under section 9 of the act (63 P. S. § 515) may obtain a license without examination.
(c) Until January 11, 2010, 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, where 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 and will impose no penalty upon the applicant for failure to comply with the licensing provisions in section 2 of act (63 P. S. § 508), that the applicant committed prior to September 5, 2006, which is 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 monthly in Philadelphia, Pittsburgh, Harrisburg and additional locations established by the examination administrator after consultation with the Board.
§ 7.32. Deadline for examination applications.
(a) The deadline for submitting an examination 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.
(b) The application of a first-time examinee will not be processed unless the application is property completed as set forth in § 7.32a (relating to contents of examination).
(c) A first-time examinee shall complete and pass both the theoretical and practical portions of the exam within 1 year of the date the first portion is passed. If the exam provider changes, the Board retains the 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 must include the following:
(1) Proof of having met the requirements for the examination applied for as set forth in §§ 7.32b--7.32h.
(2) A physician's certification that the applicant is free from contagious, communicable or infectious diseases.
(3) The examination fee set by the professional testing organization and the license fee prescribed in § 7.2 (relating to fees).
(b) The application of a reexaminee shall be accompanied by the examination fee set by the professional testing organization.
§ 7.32b. Requirements for teacher examinations.
(a) An applicant for the cosmetology teacher examination shall:
(1) Be 18 years of age or older.
(2) Have completed a 12th grade education or its equivalent.
(3) Possess a current cosmetologist license.
(4) Have completed a minimum of 500 hours of instruction in a cosmetology teacher curriculum 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 a minimum of 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 examination.
(a) An applicant for the cosmetologist examination who holds no limited licenses 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 Office of Vocational Rehabilitation in the Department of Labor and Industry.
(3) Have done one of the following:
(i) Completed a minimum of 1,250 hours of instruction in cosmetology, within a period of not less than 8 consecutive months, as a day-time student in a licensed school of cosmetology.
(ii) Completed a minimum of 1,250 hours of instruction in cosmetology, within a period of not less than 15 consecutive months, as a night-time student in a licensed school of cosmetology.
(iii) Completed 2,000 hours of training in a Board-approved cosmetology apprentice program.
(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.
(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 up to 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 up to 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 up to 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 esthetician examination.
(a) An applicant for the esthetician 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 Office of Vocational Rehabilitation in the Department of Labor and Industry.
(3) Have completed a minimum of 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 nail technician examination.
(a) An applicant for the nail technician 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 Office of Vocational Rehabilitation in the Department of Labor and Industry.
(3) Have completed a minimum of 200 hours of instruction in 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 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.
(c) The holder of a temporary cosmetologist license shall practice under the supervision of a licensed cosmetology teacher or cosmetologist. The holder of a temporary limited license shall practice under the supervision of a licensed cosmetology teacher, 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 Office of Vocational Rehabilitation in the Department of Labor and Industry.
(3) Have completed a minimum of 300 hours of Board-approved subject 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 the esthetics examination shall bring with him a live model. An examinee taking the practical part of any other exam shall bring a mannequin.
§ 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, 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.
(a) A salon license 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.
(c) A school license issued by the Board shall be displayed in a conspicuous place within the premises of the school.
§ 7.43. Expiration and renewal of licenses.
(a) Licenses issued by the Board expire at biennial intervals. A license renewal 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).
(b) A licensee who fails to file the biennial renewal application or pay the required biennial renewal fee by the renewal date shall have the license classified as unregistered. As long as a licensee holds an unregistered license, the licensee is not permitted to practice in this Commonwealth. A licensee who practices during a period in which the license was unregistered shall be required to pay a penalty fee of $5, as prescribed in § 7.2, for each month or part of a month that the licensee practices since the expiration of the biennial renewal and may be subject to disciplinary proceedings before the Board or criminal prosecution, or both.
(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 a certified copy of a school transcript, a certified copy of a scholastic record required by § 7.119 (relating to student records), or an equivalent document certified by a licensed school of cosmetology, that demonstrates 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) Fifty hours in scalp care.
(2) Fifty hours in hygiene.
(3) Twenty-five hours in occupational safety, the provisions of the act and this chapter.
(4) Twenty-five hours in natural hair braiding techniques, such as locking and weaving.
§ 7.45. Reexamination if the license is not current for 5 or more years.
The holder of a 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 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 salons, esthetician salons, nail technology salons and natural hair braiding salons, unless the context indicates otherwise.
§ 7.51. Application for a salon license.
(a) An owner-applicant for a salon license shall submit a license application to the Board with the following:
(1) A sketch plan showing the layout of the 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 salon in the absence of the owner.
(3) The 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 salon has been inspected by a Bureau inspector for compliance with the facility requirements of this chapter. If the inspector determines that the 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 salon license is valid only for the location stated on the license. The owner of a salon who wishes to change its location shall submit an application to the Board for a change of salon location together with the information required in § 7.51 (relating to application for salon license) and the fee for change of salon location prescribed in § 7.2 (relating to fees). The application will be processed in the manner prescribed by § 7.51.
(b) A salon owner shall submit to the Board for its approval a sketch plan of any proposed change in the physical dimensions of the salon.
§ 7.53. Change of ownership.
The owner of a salon shall immediately notify the Board in writing of a change in the controlling ownership of the 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 salons.
(a) A cosmetology salon shall be managed by the salon owner or, in the absence of the salon owner, a person in charge designated by the salon owner.
(b) The designated person in charge shall be a licensed cosmetologist, except as follows:
(1) In the case of an esthetician salon, the designated person in charge may be either a licensed cosmetologist or a licensed esthetician.
(2) In the case of a nail technology salon, the designated person in charge may be either a licensed cosmetologist or a licensed 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 salon as required by section 4.4(b) of the act (63 P. S. § 510.4(b)).
(d) The owner or designated person in charge of the salon shall be readily available in person to Bureau inspectors during regular business hours.
§ 7.64. Responsibilities of salon owner or designated person in charge.
(a) The primary responsibilities of a salon owner and designated person in charge are the administration of the business and personnel affairs of the salon and to assure compliance within the salon with all laws of the Commonwealth, this chapter and the Pennsylvania Human Relations Act (43 P. S. §§ 951--963).
(b) A 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 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 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, esthetician, nail technology or natural hair braiding salon.
PHYSICAL REQUIREMENTS OF A SALON § 7.71. Equipment and supplies for a cosmetology salon.
(a) A cosmetology salon must contain the following equipment, which is considered the minimum equipment needed for a salon with one cosmetologist:
(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 dryer.
(6) Twelve combs and twelve brushes.
(7) One covered waste container.
(8) A closed storage area for soiled linen.
(9) One timer clock.
(10) One closed towel cabinet for clean linen.
(11) A closed container for sanitized implements.
(12) One wet sanitizer.
(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.
(b) For each additional cosmetologist, supplies and equipment shall be increased so that each cosmetology can render services safely and efficiently.
§ 7.71a. Equipment and supplies for an esthetician salon.
(a) An esthetician salon must contain the following equipment and supplies, which is considered the minimum equipment needed for a salon with one esthetician:
(1) One adjustable chair.
(2) One 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.
(4) One covered waste container.
(5) A closed storage for soiled linen.
(6) One closed towel cabinet for clean linen.
(7) One timer clock.
(8) A closed container for sanitized implements.
(9) One wet sanitizer.
(10) On dry sterilizer.
(11) A reception desk.
(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 esthetician, equipment and supplies shall be increased so that each esthetician can render services safely and efficiently.
§ 7.71b. Equipment and supplies for a nail technology salon.
(a) A nail technology salon must contain the following equipment and supplies, which is considered the minimum equipment needed for a salon with one nail technician:
(1) One chair for use in manicure and pedicure.
(2) One manicure table with light, chair and stool.
(3) One pedicure basin and stand.
(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.
(5) One covered waste container.
(6) A closed storage area for soiled linen.
(7) One closed towel cabinet for clean linen.
(8) Twelve sanitary towels for each work station in the salon.
(9) One wet sanitizer.
(10) A closed container for sanitized implements.
(11) A reception desk.
(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 nail technician, equipment and supplies shall be increased so that each 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.
(9) One closed towel cabinet for clean linen.
(10) A closed container for sanitized implements.
(11) One wet sanitizer.
(12) A reception desk.
(13) Twelve sanitary towels for each styling station in the salon.
(14) One sink with hot and cold running water that is readily accessible to each styling station in the work area of the salon.
(15) 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 salon that is located in a private home must permit clients to enter the salon directly from the public thoroughfare without passing through any part of the home.
§ 7.76. Floor space.
(a) The floor area of a salon operated by one licensee must 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 salon. The Board, upon an applicant's request, may grant a variance from the space requirements concerning a salon which the Board believes is reasonable.
(b) Salons opened prior to September 15, 1976, which have been operating with one cosmetologist must have sufficient floor space to properly install the equipment with regard to the health and safety of the patrons of the cosmetology 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 salon's layout, may grant variance from the salon space requirements which the Board believes is reasonable.
§ 7.77. Use of salon for other purposes prohibited.
No part of a salon, including lavatories and laundry facilities, may be used for other purposes.
§ 7.78. Sign.
A salon must display, at or near its main entrance, a sign that is clearly visible indicating to the public that it is a cosmetology salon or limited practice salon.
§ 7.79. Lavatories.
A salon must 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 SALON § 7.81. Rendering of services outside a salon.
A cosmetologist or holder of a limited license, with the permission of the employing 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 salon.
A licensee who renders licensed services outside the salon shall maintain at the employing salon complete records for each service rendered outside the salon, including the date, time, place and fee charged. The record of outside services shall be considered part of the records of the salon.
§ 7.83. Responsibility of a salon for outside services.
A salon through which appointments are made for the rendering of cosmetology or limited license services outside the salon shall be responsible for ensuring that the licensees are fully supplied and equipped when they perform services outside the salon and that all other requirements of this chapter are complied with.
HEALTH AND SAFETY IN SALONS § 7.90. Applicability of requirements.
The requirements of this section and §§ 7.91--7.98 and 7.100 apply equally to cosmetology salons, esthetician salons, nail technology salons and natural hair braiding salons, unless the context indicates otherwise.
§ 7.91. Sanitation and safety generally.
(a) A salon must be well lighted and well ventilated.
(b) All areas of the 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. 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.
(b) The headrest of a facial chair shall be covered with a clean cloth towel or an unused disposable paper towel before the start of each facial.
(c) A clean cloth towel, unused disposable paper towel or unused neck strip shall be placed around the neck of a client whose hair is about to be cut to prevent the hair cloth from touching the skin.
§ 7.94. Sanitary use of supplies.
(a) The use of powder puffs or styptic pencils in a salon is prohibited.
(b) Only powered or liquid astringents, applied with a clean cloth towel or clean piece of cotton, may be used to check bleeding.
(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 another client until it is properly disinfected.
(d) An article that has been dropped on the floor or otherwise rendered unsanitary shall be sterilized before it is reused.
§ 7.95. Individual cleanliness.
Every 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 13 of the act (63 P. S. § 519).
§ 7.100. Permanent wave 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:
(1) A sketch plan showing the layout of the school, including the location of classrooms, offices and lavatories and the position of all floor equipment.
(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 cosmetology teacher license issued by the Board.
(ii) Has done one of the following:
(A) Acquired 2,500 hours of satisfactory experience as a cosmetology teacher.
(B) Acquired 1,250 hours of experience as a cosmetology teacher and 1,800 hours of experience.
(3) The name and signature of the person authorized to accept service of legal notice and to transact business on behalf of the school.
(4) Proof that the fictitious name of the school, if any, is registered with the Corporation Bureau of the Department of State.
(5) Proof of compliance with applicable provisions of 34 Pa. Code (relating to labor and industry).
(6) The fees for a school license and approval of a school supervisor prescribed in § 7.2 (relating to fees).
(7) Proof of accreditation or application for accreditation in accordance with § 7.113a (relating to accreditation by a Nationally recognized accrediting agency). Approval by the Department of Education in accordance with Article XVIII of the Public School Code of 1949 (24 P. S. §§ 1801--1855) is acceptable proof of accreditation for secondary vocational technical schools.
(b) A school license will not be issued until the Board has verified the sworn statements made by the owner-applicant in the license application and the school has been inspected by a Bureau inspector as provided in § 7.113 (relating to inspection of a school before licensure). The Board may request the owner-applicant to appear before the Board to answer questions about the application.
§ 7.114. School equipment and supplies.
(a) A school enrolling 25 students or less must have, at a minimum, the following equipment:
(1) Four shampoo basins.
(2) Eight hair dryers.
(3) Four manicure tables and chairs.
(4) Four closed containers for sanitized implements.
(5) Four wet sanitizers.
(6) Four facial chairs.
(7) Four complete sets of cold wave equipment.
(8) One mannequin for each student.
(9) Twelve styling stations, mirrors and chairs.
(10) One locker for each student.
(11) Four closed containers for soiled linen.
(12) Three closed waste containers.
(13) One container for sterile solution for each manicure table.
(14) One bulletin board with dimensions of at least 2 feet by 2 feet.
(15) One chalkboard with dimensions of at least 4 feet by 4 feet.
(16) One linen cabinet.
(17) An arm chair or usable table and chair for each student in the theory room.
(18) Three timer clocks.
(19) Attendance records.
(20) Two sanitary towels per student.
(b) These minimum equipment requirements shall increase proportionately as the number of students enrolled in the school increases.
§ 7.115. Student equipment and supplies.
(a) A school shall ensure that each cosmetology student possesses and maintains in sanitary condition the following:
(1) One shampoo cape.
(2) One pair of scissors.
(3) One hair cutting razor.
(4) Two brushes.
(5) Six combs.
(6) A minimum of 100 pin curl clips.
(7) Complete tools for nail technology, including emery boards, pusher and brush.
(8) A carrying case of sufficient size to accommodate the equipment and supplies used by the student.
(9) A basic cosmetology text book. A book of questions and answers is not considered a textbook.
(10) One pair of tweezers.
(b) A school shall ensure that each esthetician student possesses and maintains in sanitary condition the following:
(1) One facial cape.
(2) Two spatulas.
(3) One pair of tweezers.
(4) One make-up kit.
(5) Facial supplies.
(6) A carrying case of sufficient size to accommodate the equipment and supplies used by the student.
(7) A basic skin care/make-up textbook.
(c) A school shall ensure that each nail technology student possesses and maintains in sanitary condition the following:
(1) One polish kit.
(2) Complete tools for nail technology, including emery boards, pusher and brush.
(3) A carrying case of sufficient size to accommodate the equipment and supplies used by the student.
(4) A basic 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 teachers of courses that are part of the required curriculum persons who possess a current cosmetology teacher or limited practice teacher license issued by the Board, except that a school may employ as teachers of business or teaching skills persons who hold a current teacher's certificate issued by the Department of Education.
(b) The license of each teacher employed by the school shall be conspicuously displayed in the school.
(c) A school shall employ at least one full-time 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 a teacher.
(e) A school shall have attached to its staff for consultation purposes a physician who possess a current license to practice medicine in this Commonwealth.
§ 7.118a. Uniforms.
Teachers and students shall be attired in washable uniforms during school hours. A teacher uniform must be distinguished from a student uniform.
§ 7.120. Work done by students on the public.
(a) A school may permit students to work on the public, and may charge a fee for treatment performed by students on the public based on the reasonable cost of materials used in such treatment, if the students have successfully completed the following hours of instruction:
(1) Cosmetology Curriculum--300 Hours
(2) Esthetics Curriculum--75 Hours
(3) Nail Technology Curriculum--50 Hours
(4) Natural Hair Braiding Curriculum--75 Hours
(b) A school that permits its students to work on the public shall display in a conspicuous place at the entrance to the school a sign with letters at least 2 inches in height, that states the following: ''ALL WORK IN THE SCHOOL DONE BY STUDENTS ONLY'' and ''CHARGES FOR REASONABLE COST OF MATERIALS ONLY.''
(c) A school shall display in a conspicuous place at the entrance to the school a sign stating that it is a school of cosmetology.
§ 7.123. Duty work.
A school shall require students to keep their stations clean and to assist in general cleanup and other duties that may be required in an operating 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 salons in §§ 7.91--7.98, 7.100 and 7.101.
§ 7.128. Mandatory offering of cosmetology curriculum.
(a) A school shall offer instruction in the curriculum for cosmetologists prescribed in § 7.129 (relating to curriculum requirements).
(b) A school may offer instruction in the curriculum for teachers, 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, must comprise a minimum of 1,250 hours, and cover the following subjects; the accompanying breakdown of hours by subject is recommended:
BASIC COSMETOLOGY CURRICULUM
Recommended Hours Professional Practices 50 Bacteriology, Disinfection, Sanitation Professional Attitude Business Practices PA Cosmetology Law Sciences 200 Histology Trichology Chemistry Physiology Cosmetic Dermatology Electricity Cosmetology Skills--Cognitive and Manipulative 1,000 Shampooing and Conditioning Hair Shaping Hair Styling/Fingerwaving Chemical Texturizing Permanent Waving Hair Coloring Hair Straightening Skin Care Nail Technology Temporary Hair Removal Scalp Treatment Care of all hair types and textures Makeup Total 1,250 (b) A school's cosmetology curriculum for a student who holds a barber's license issued by the State Board of Barber Examiners must comprise a minimum of 695 hours and cover the subjects in subsection (a); the following breakdown of hours by subject is recommended:
Recommended
HoursProfessional Practices 15 Sciences 80 Cosmetology Skills--
Cognitive and Manipulative600 Total 695 (c) A school's teacher curriculum, excluding electives, must comprise a minimum of 500 hours and cover the following subjects; the accompanying breakdown of hours by subject is recommended:
TEACHER CURRICULUM
Recommended
HoursTeaching Techniques for Subjects Related To Cosmetology Curriculum 300 Student Teaching 100 Professional Practices 25 Salon Management Theory 75 Total 500 (d) A school's esthetics curriculum, excluding electives, must comprise a minimum of 300 hours and cover the following subjects; the accompanying breakdown of hours by subject is recommended:
ESTHETICS CURRICULUM
Recommended
HoursProfessional Practices 40 Sciences 100 Facial Treatments 100 Temporary Hair Removal 10 Makeup 50 Total 300 (e) A school's nail technology curriculum, excluding electives, must comprise a minimum of 200 hours and cover the following subjects; the accompanying breakdown of hours by subjects is recommended:
NAIL TECHNOLOGY COURSE OUTLINE
Recommended
HoursProfessional Practice 25 Sciences 75 Nail Treatments 75 Pedicuring 25 Total 200 (f) A school's natural hair braiding curriculum, excluding electives, must comprise a minimum of 300 hours and cover the following subjects; the accompanying breakdown of hours by subjects is recommended:
NATURAL HAIR BRAIDING COURSE OUTLINE
Recommended
HoursProfessional 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 examination by apprenticeship shall comply with section 10 of the act (63 P. S. § 516) and the applicable requirements of this section and §§ 7.132--71.134 (relating to preparation by appenticeship method).
§ 7.132. Apprentice curriculum.
The cosmetology teacher responsible for offering instruction to an apprentice in a cosmetology 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
Recommended
HoursProfessional Practices 50 Bacteriology, Disinfection, Sanitation Professional Attitude Business Practices PA Cosmetology Law Sciences 200 Histology Trichology Chemistry Physiology Cosmetic Dermatology Electricity Cosmetology Skills--Cognitive and Manipulative 1,750 Shampooing and Conditioning 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 textures Makeup Total 2,000 § 7.133. Application for apprentice permit.
To qualify for apprenticeship training in a cosmetology salon, an individual shall apply to the Board for an apprentice permit.
§ 7.134. Apprentice reports.
The owner of a cosmetology 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. 09-40. Filed for public inspection January 9, 2009, 9:00 a.m.]
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