May 14, 2003, Introduced by Reps. Hunter, Cheeks, Jamnick, Elkins, Williams, Law, McConico, Tobocman, Condino, Stallworth, Zelenko, Waters and Daniels and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending section 1205 (MCL 339.1205), as amended by 1997
PA 97.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1205. (1) The department shall issue a license to a
2 person for the operation of a school of cosmetology if all of the
3 following requirements are met:
4 (a) An application is submitted by the owner or manager of
5 the school.
6 (b) The application includes a drawing or diagram that
7 indicates the premises to be licensed, showing that the premises
8 are fully partitioned from any other activity, business, or
9 dwelling. The location of required equipment and facilities
10 shall also be shown on the diagram.
1 (c) A cash or surety bond of $10,000.00 has been furnished in
2 favor of the people of this state for the use and benefit of
3 students and conditioned upon the faithful performance and
4 satisfaction of the contractual rights of students.
5 (d) Provisions have been made for the school to be under the
6 daily supervision of a licensed instructor who has at least 3
7 years' experience in all services of cosmetology being taught in
8 the school.
9 (e) The premises has successfully passed an inspection by the
10 department conducted for the purpose of determining whether the
11 school has met the standards set forth in this article and rules
12 promulgated by the director.
13 (2) A school of cosmetology shall fulfill all of the
14 following requirements:
15 (a) Shall maintain a course of practical training and
16 technical instruction, as outlined in the various curricula set
17 forth in rules promulgated by the director, equal to the
18 requirements for prelicensure training under this article. A
19 school of cosmetology shall teach hair care services, skin care
20 services, and manicuring services and may hold a limited license
21 for the teaching of electrology. However, a school of
22 cosmetology with a license limited only to the teaching of
23 electrology shall teach only electrology and not any other
24 cosmetology service.
25 (b) Shall possess efficient apparatus and equipment
26 prescribed in rules promulgated by the director sufficient for
27 the ready and full teaching of each subject in the curriculum.
1 (c) Shall maintain 1 person licensed as an instructor,
2 competent to impart instruction in each subject of its
3 curriculum, for every 20 students.
4 (d) Shall be operated for teaching purposes only.
5 Instructors shall practice on the public only to demonstrate
6 techniques to students and to correct the work of students.
7 (e) Shall provide for the display of the license of the
8 school of cosmetology and of each instructor working in the
9 school in a prominent place that is visible to the public at all
10 times. A sign shall be displayed indicating that services are
11 rendered by students of the school.
12 (f) At the time of the enrollment of a student, shall furnish
13 the student a financial contract showing the total cost and all
14 charges involved in the complete course of study. Advertising
15 matter put out by schools, when mentioning the cost of tuition or
16 related subjects, shall furnish the same financial information as
17 described in this subsection.
18 (3) A cosmetology establishment exacting a fee for the
19 teaching of cosmetology or 1 or more services of cosmetology is
20 considered a school of cosmetology and is required to comply with
21 this section. A cosmetology establishment conducting an
22 apprenticeship program without charging a fee for the teaching of
23 cosmetology shall comply with subsection (5). A cosmetology
24 establishment which has successfully trained 1 apprentice is
25 eligible to train additional apprentices except that a
26 cosmetology establishment shall not have more than 2 apprentices
27 at the same time.
1 (4) The department may issue a limited school of cosmetology
2 license to a school
teaching only electrology or manicuring
3 services. A school of cosmetology whose license is limited to
4 teaching only electrology
or manicuring services shall fulfill
5 all of the requirements of this section, except that daily
6 supervision of the school shall be provided by an electrology or
7 manicuring services instructor and the curriculum offered and
8 equipment and facilities required shall be only those required
9 for the teaching of electrology or manicuring services.
10 (5) A school of cosmetology or a cosmetology establishment
11 conducting an apprenticeship program shall comply with all of the
12 following requirements:
13 (a) Require that a student or apprentice be in attendance not
14 more than 7 hours per day or not more than 40 hours per week.
15 (b) Keep a daily record of the attendance of each student or
16 apprentice, a copy of which shall be sent to the department
17 monthly, establish grades, and require a student or apprentice to
18 pass an examination before certifying to the department that an
19 individual has completed training.
20 (c) Permit a cosmetology student or apprentice to practice on
21 the public only after completing at least 350 hours of
22 instruction in the general cosmetology curriculum, including both
23 theory and practical hours. A student or apprentice in a natural
24 hair cultivation, manicuring, skin care, or electrology
25 curriculum may practice on the public only after completing at
26 least 1/4 of the hours required by the applicable curriculum,
27 including both theory and practical hours.
1 (6) The transfer of ownership or location of a school of
2 cosmetology voids the license. The filing of a new license
3 application is a predicate to the change in ownership or location
4 of a school.