OCCUPATIONAL CODE (EXCERPT)
Act 299 of 1980
***** 339.1205 THIS SECTION IS AMENDED EFFECTIVE APRIL 26, 2020: See 339.1205.amended *****
***** 339.1205 THIS SECTION IS AMENDED EFFECTIVE MAY 4, 2020: See 339.1205.amended *****
339.1205 Operation of school of cosmetology; issuance of license; requirements; apprenticeship program; license limited to teaching electrology; effect of transferring ownership or location.
(1) The department shall issue a license to a person for the operation of a school of cosmetology if all of the following requirements are met:
(a) An application is submitted by the owner or manager of the school.
(b) The application includes a drawing or diagram that indicates the premises to be licensed, showing that the premises are fully partitioned from any other activity, business, or dwelling. The location of required equipment and facilities shall also be shown on the diagram.
(c) A cash or surety bond of $10,000.00 has been furnished in favor of the people of this state for the use and benefit of students and conditioned upon the faithful performance and satisfaction of the contractual rights of students.
(d) Provisions have been made for the school to be under the daily supervision of a licensed instructor who has at least 3 years' experience in all services of cosmetology being taught in the school.
(e) The premises has successfully passed an inspection by the department conducted for the purpose of determining whether the school has met the standards set forth in this article and rules promulgated by the director.
(2) A school of cosmetology shall fulfill all of the following requirements:
(a) Shall maintain a course of practical training and technical instruction, as outlined in the various curricula set forth in rules promulgated by the director, equal to the requirements for prelicensure training under this article. A school of cosmetology shall teach hair care services, skin care services, and manicuring services and may hold a limited license for the teaching of electrology. However, a school of cosmetology with a license limited only to the teaching of electrology shall teach only electrology and not any other cosmetology service.
(b) Shall possess efficient apparatus and equipment prescribed in rules promulgated by the director sufficient for the ready and full teaching of each subject in the curriculum.
(c) Shall maintain 1 person licensed as an instructor, competent to impart instruction in each subject of its curriculum, for every 20 students.
(d) Shall be operated for teaching purposes only. Instructors shall practice on the public only to demonstrate techniques to students and to correct the work of students.
(e) Shall provide for the display of the license of the school of cosmetology and of each instructor working in the school in a prominent place that is visible to the public at all times. A sign shall be displayed indicating that services are rendered by students of the school.
(f) At the time of the enrollment of a student, shall furnish the student a financial contract showing the total cost and all charges involved in the complete course of study. Advertising matter put out by schools, when mentioning the cost of tuition or related subjects, shall furnish the same financial information as described in this subsection.
(3) A cosmetology establishment exacting a fee for the teaching of cosmetology or 1 or more services of cosmetology is considered a school of cosmetology and is required to comply with this section. A cosmetology establishment conducting an apprenticeship program without charging a fee for the teaching of cosmetology shall comply with subsection (5). A cosmetology establishment which has successfully trained 1 apprentice is eligible to train additional apprentices except that a cosmetology establishment shall not have more than 2 apprentices at the same time.
(4) The department may issue a limited school of cosmetology license to a school teaching only electrology. A school of cosmetology whose license is limited to teaching only electrology shall fulfill all of the requirements of this section, except that daily supervision of the school shall be provided by an electrology instructor and the curriculum offered and equipment and facilities required shall be only those required for the teaching of electrology.
(5) A school of cosmetology or a cosmetology establishment conducting an apprenticeship program shall comply with all of the following requirements:
(a) Require that a student or apprentice be in attendance not more than 7 hours per day or not more than 40 hours per week.
(b) Keep a daily record of the attendance of each student or apprentice, a copy of which shall be sent to the department monthly, establish grades, and require a student or apprentice to pass an examination before certifying to the department that an individual has completed training.
(c) Permit a cosmetology student or apprentice to practice on the public only after completing at least 350 hours of instruction in the general cosmetology curriculum, including both theory and practical hours. A student or apprentice in a natural hair cultivation, manicuring, skin care, or electrology curriculum may practice on the public only after completing at least 1/4 of the hours required by the applicable curriculum, including both theory and practical hours.
(6) The transfer of ownership or location of a school of cosmetology voids the license. The filing of a new license application is a predicate to the change in ownership or location of a school.
History: 1980, Act 299, Imd. Eff. Oct. 21, 1980
Am. 1981, Act 83, Imd. Eff. July 1, 1981
Am. 1988, Act 463, Eff. Sept. 1, 1989
Am. 1997, Act 97, Imd. Eff. Aug. 7, 1997
Popular Name: Act 299
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