FIRST REGULAR SESSION
HOUSE BILL NO. 243
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE TREADWAY.
Read 1st time January 3, 2001, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To repeal sections 329.040, 329.085 and 329.190, RSMo 2000, relating to cosmetologists, and to enact in lieu thereof three new sections relating to the same subject.
Section A. Sections 329.040, 329.085 and 329.190, RSMo 2000, are repealed and three new sections enacted in lieu thereof, to be known as sections 329.040, 329.085 and 329.190, to read as follows:
329.040. 1. Any person of good moral character may make application to the board for a license to own a school of cosmetology on a form provided upon request by the board. Every school of cosmetology in which any of the classified occupations of cosmetology are taught shall be required to obtain a license from the board prior to opening. The license shall be issued upon approval of the application by the board, the payment of the required fees, and the applicant meets other requirements provided in this chapter. The license shall be kept posted in plain view within the school at all times.
2. A school license renewal fee shall be due on or before the renewal date of any school license issued pursuant to this section. If the school license renewal fee is not paid on or before the renewal date, a late fee shall be added to the regular school license fee.
3. No school of cosmetology shall be granted a license [under] pursuant to this chapter unless it:
(1) Employs and has present in the school a competent licensed instructor for every twenty-five students enrolled and scheduled to be in attendance for a given class period and one to ten additional students may be enrolled and in attendance with the assistance of an instructor trainee. One instructor is authorized to teach up to three instructor trainees immediately after being granted an instructor's license;
(2) Requires all students to be enrolled in a course of study of no less than three hours per day and no more than eight hours per day with a weekly total that is no less than fifteen hours and no more than forty-eight hours;
(3) Requires for the classified occupation of cosmetologist, the course of study shall be no less than one thousand five hundred hours or, for a student in public vocational/technical school no less than one thousand two hundred twenty hours; provided that, a school may elect to base the course of study on credit hours by applying the credit hour formula in Subpart A of Part 668 of Section 668.8 of Title 34 of the Code of Federal Regulations, as amended. The student must earn a minimum of one hundred and sixty hours or credits of classroom training before the student may perform any of the acts of the classified occupation of cosmetology on any patron or customer of the school of cosmetology;
(4) Requires for the classified occupation of manicurist, the course of study shall be no less than [three hundred and ninety hours] four hundred hours or the credit hours determined by the formula in Subpart A of Part 668 of Section 668.8 of Title 34 of the Code of Federal Regulations, as amended. The student must earn a minimum of fifty hours or credits of classroom training before the student may perform any of the acts of the classified occupation of manicurist on any patron or customer of the school of cosmetology;
(5) Requires for the classified occupation of esthetician, the course of study shall be no less than seven hundred fifty hours or the credit hours determined by the formula in Subpart A of Part 668 of Section 668.8 of Title 34 of the Code of Federal Regulations, as amended. The student shall earn a minimum of seventy-five hours or credits of classroom training before the student may perform any of the acts of the classified occupation of esthetics on any patron or customer of the school of cosmetology or an esthetics school.
4. The subjects to be taught for the classified occupation of cosmetology shall be as follows and the hours required for each subject shall be not less than those contained in this subsection or the credit hours determined by the formula in Subpart A of Part 668 of Section 668.8 of Title 34 of the Code of Federal Regulations, as amended:
(1) Shampooing of all kinds, forty hours;
(2) Hair coloring, bleaches and rinses, one hundred thirty hours;
(3) Hair cutting and shaping, one hundred thirty hours;
(4) Permanent waving and relaxing, one hundred twenty-five hours;
(5) Hairsetting, pin curls, fingerwaves, thermal curling, two hundred twenty-five hours;
(6) Combouts and hair styling techniques, one hundred five hours;
(7) Scalp treatments and scalp diseases, thirty hours;
(8) Facials, eyebrows and arches, forty hours;
(9) Manicuring, hand and arm massage and treatment of nails, one hundred ten hours;
(10) Cosmetic chemistry, twenty-five hours;
(11) Salesmanship and shop management, ten hours;
(12) Sanitation and sterilization, thirty hours;
(13) Anatomy, twenty hours;
(14) State law, ten hours;
(15) Curriculum to be defined by school, not less than four hundred seventy hours.
5. The subjects to be taught for the classified occupation of manicurist shall be as follows and the hours required for each subject shall be not less than those contained in this subsection or the credit hours determined by the formula in Subpart A of Part 668 of Section 668.8 of Title 34 of the Code of Federal Regulations, as amended:
(1) Manicuring, hand and arm massage and treatment of nails, two hundred twenty hours;
(2) Salesmanship and shop management, twenty hours;
(3) Sanitation and sterilization, twenty hours;
(4) Anatomy, ten hours;
(5) State law, ten hours;
(6) Study of the use and application of certain chemicals, forty hours;
(7) Curriculum to be defined by school, not less than seventy hours.
6. The subjects to be taught for the classified occupation of esthetician shall be as follows, and the hours required for each subject shall not be less than those contained in this subsection or the credit hours determined by the formula in Subpart A of Part 668 of Section 668.8 of Title 34 of the Code of Federal Regulations, as amended:
(1) Facials, cleansing, toning, massaging, one hundred twenty hours;
(2) Makeup application, all phases, one hundred hours;
(3) Hair removal, thirty hours;
(4) Body treatments, aromatherapy, wraps, one hundred twenty hours;
(5) Reflexology, thirty-five hours;
(6) Cosmetic sciences, structure, condition, disorder, eighty-five hours;
(7) Cosmetic chemistry, products and ingredients, seventy-five hours;
(8) Salon management and salesmanship, fifty-five hours;
(9) Sanitation and sterilization, safety, forty-five hours;
(10) State law, ten hours;
(11) Curriculum to be defined by school, not less than seventy-five hours.
7. Training for all classified occupations shall include practical demonstrations, written and/or oral tests, and practical instruction in sanitation, sterilization and the use of antiseptics, cosmetics and electrical appliances consistent with the practical and theoretical requirements as applicable to the classified occupations as provided in this chapter.
8. No school of cosmetology shall operate within this state unless a proper license [under] pursuant to this chapter has first been obtained.
9. Nothing contained in this chapter shall prohibit a licensee within a cosmetology establishment from teaching any of the practices of the classified occupations for which the licensee has been licensed for not less than two years in the licensee's regular course of business, if the owner or manager of the business does not hold himself or herself out as a school and does not hire or employ or personally teach regularly at any one and the same time, more than one apprentice to each licensee regularly employed within the owner's business, not to exceed one apprentice per establishment, and the owner, manager, or trainer does not accept any fee for instruction.
10. Each licensed school of cosmetology shall provide a minimum of two thousand square feet of floor space, adequate rooms and equipment, including lecture and demonstration rooms, lockers, an adequate library and two restrooms. The minimum equipment requirements shall be: six shampoo bowls, ten hair dryers, two master dustproof and sanitary cabinets, wet sterilizers, and adequate working facilities for twenty students.
11. Each licensed school of cosmetology for manicuring only shall provide a minimum of one thousand square feet of floor space, adequate room for theory instruction, adequate equipment, lockers, an adequate library, two restrooms and a clinical working area for ten students. Minimum floor space requirement proportionately increases with student enrollment of over ten students.
12. Each licensed school of cosmetology for esthetics only shall provide a minimum of one thousand square feet of floor space, adequate room for theory instruction, adequate equipment, lockers, an adequate library, two restrooms and a clinical working area for ten students. Minimum floor space requirement increases fifty square feet per student with student enrollment of over ten.
13. No school of cosmetology may have a greater number of students enrolled and scheduled to be in attendance for a given class period than the total floor space of that school will accommodate. Floor space required per student shall be no less than fifty square feet per additional student beyond twenty students for a school of cosmetology, beyond ten students for a school of manicuring and beyond ten students for a school of esthetics.
14. Each applicant for a new school shall file a written application with the board upon a form approved and furnished upon request by the board. The applicant shall include a list of equipment, the proposed curriculum, and the name and qualifications of any and all of the instructors.
15. Each school shall display in a conspicuous place, visible upon entry to the school, a sign stating that all cosmetology services in this school are performed by students, who are in training.
16. Any student who wishes to remain in school longer than the required training period may make application for an additional training license and remain in school. A fee is required for such additional training license.
17. All contractual fees that a student owes to any cosmetology school shall be paid before such student may be allowed to apply for any examination required to be taken by an applicant applying for a license [under] pursuant to the provisions of this chapter.
329.085. 1. Any person desiring an instructor license shall submit to the board a written application on a form supplied by the board showing that the applicant has met the requirements set forth in section 329.080. An applicant who has met all requirements as determined by the board shall be allowed to take the instructor examination, including any person who has been licensed two or more years as a cosmetologist, manicurist or esthetician. If the applicant passes the examination to the satisfaction of the board, the board shall issue to the applicant an instructor license.
2. The instructor examination fee and the instructor license fee for an instructor license shall be nonrefundable.
3. The instructor license renewal fee shall be in addition to the regular cosmetologist, esthetician or manicurist license renewal fee. For each renewal the instructor shall submit proof of having attended a teacher training seminar or workshop at least once every two years, sponsored by any university, or Missouri vocational association, or bona fide state cosmetology association specifically approved by the board to satisfy the requirement for continued training of this subsection. Renewal fees shall be due and payable on or before the renewal date and, if the fee remains unpaid thereafter in such license period, there shall be a late fee in addition to the regular fee.
4. Instructors duly licensed as physicians or attorneys or lecturers on subjects not directly pertaining to the practice [under] pursuant to this chapter need not be holders of licenses provided for in this chapter.
5. The board shall grant instructor licensure upon application and payment of a fee equivalent to the sum of the instructor examination fee and the instructor license fee, provided the applicant establishes compliance with the cosmetology instructor requirements of another state, territory of the United States, or District of Columbia wherein the requirements are substantially equal or superior to those in force in Missouri at the time the application for licensure is filed and the applicant holds a current instructor license in the other jurisdiction at the time of making application.
6. Any person licensed as a cosmetology instructor prior to the training requirements which became effective January 1, 1979, may continue to be licensed as such, provided such license is maintained and the licensee complies with the continued training requirements as provided in subsection 3 of this section. Any person with an expired instructor license that is not restored to current status within two years of the date of expiration, shall be required to meet the training and examination requirements as provided in this section and section 329.080.
329.190. 1. The state board of cosmetology shall be composed of seven members, including one voting public member and two members who are licensed school owners pursuant to subsection 1 of section 329.040, appointed by the governor with the advice and consent of the senate. The term of office of each member shall be four years.
2. The members of the board shall receive as compensation for their services the sum set by the board not to exceed fifty dollars for each day actually spent in attendance at meetings of the board, within the state, not to exceed forty-eight days in any calendar year, and in addition thereto they shall be reimbursed for all necessary expenses incurred in the performance of their duties as members of the board.
3. All members, except the public member, shall be cosmetologists and manicurists duly registered as such and licensed
pursuant to the laws of this state, and shall be United States citizens and shall have been residents of this state for at least
one year next preceding their appointments and shall have been actively engaged in the lawful practice of cosmetology for a
period of at least five years. The public member shall be at the time of the person's appointment a citizen of the United
States; a resident of this state for a period of one year and a registered voter; a person who is not and never was a member
of any profession licensed or regulated pursuant to this chapter or the spouse of such person; and a person who does not
have and never has had a material, financial interest in either the providing of the professional services regulated by this
chapter, or an activity or organization directly related to any profession licensed or regulated pursuant to this chapter. All
members, including public members, shall be chosen from lists submitted by the director of the division of professional
registration. The duties of the public member shall not include the determination of the technical requirements to be met
for licensure or whether any person meets such technical requirements or of the technical competence or technical
judgment of a licensee or a candidate for licensure.
Missouri House of Representatives