October 25, 2007, Introduced by Reps. Young, Gillard, Johnson, Warren, Lahti, Kathleen Law, Miller, Donigan, Hammon, Cushingberry, Gonzales, Hopgood, Lemmons, Condino, Griffin, Cheeks, Tobocman, Meisner, Bennett, Jackson, Constan, Espinoza, Robert Jones, Meadows, Melton, Simpson, Sheltrown and Scott and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 1206, 1207, 1208, 1209, 1210, and 1210a (MCL
339.1206, 339.1207, 339.1208, 339.1209, 339.1210, and 339.1210a),
sections 1206, 1207, 1208, 1209, and 1210 as amended and section
1210a as added by 1997 PA 97.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1206. (1) The department shall issue a license as a
cosmetology instructor to an individual who meets all of the
following requirements:
(a) Is of good moral character. For purposes of this
subdivision, an individual does not lack good moral character if he
or she has been convicted of a felony determined by the department
to be nonviolent.
(b) Has a high school diploma or its equivalent.
(c) Is licensed as a cosmetologist under this article.
(d) Has at least 3 years of practical experience in natural
hair cultivation, hair care services, skin care services, and
manicuring services, at least 1 year of which shall be in a
cosmetology establishment.
(e) Has completed not less than 500 hours of instructor
training.
(f) Has passed an examination approved by the department and
the board.
(2) The department shall issue a license as an electrology
instructor to an individual who meets all of the following
requirements:
(a) Is of good moral character. For purposes of this
subdivision, an individual does not lack good moral character if he
or she has been convicted of a felony determined by the department
to be nonviolent.
(b) Has a high school diploma or its equivalent.
(c) Is licensed as an electrologist under this article.
(d) Has at least 3 years of practical experience in
electrology, at least 1 year of which shall be in a cosmetology
establishment holding a limited license for the practice of
electrology.
(e) Has completed not less than 300 hours of instructor
training.
(f) Has passed an examination approved by the department and
the board.
(3) The department may issue a limited instructor's license to
an individual who meets all of the requirements of either
subsection (1) except for subsection (1)(d) or subsection (2)
except for subsection (2)(d). The holder of a limited instructor's
license shall not supervise a school of cosmetology at any time.
(4) The department may issue a limited specialist instructor's
license to an individual who meets all of the following
requirements:
(a) Is of good moral character. For purposes of this
subdivision, an individual does not lack good moral character if he
or she has been convicted of a felony determined by the department
to be nonviolent.
(b) Has a high school diploma or its equivalent.
(c) Is licensed as a manicurist, natural hair culturist, or
esthetician.
(d) Has completed not less than 300 hours of instructor
training.
(e) Has passed an examination approved by the department and
the board.
(5) The specialist instructor's license shall limit the
instruction given by that individual to only the service in which
he or she is licensed.
Sec. 1207. The department shall issue a cosmetologist license
to an individual who fulfills all of the following requirements:
(a) Is not less than 17 years of age.
(b) Is of good moral character. For purposes of this
subdivision, an individual does not lack good moral character if he
or she has been convicted of a felony determined by the department
to be nonviolent.
(c) Has had an education equivalent to the completion of the
ninth grade.
(d) Has completed either not less than a 1,500-hour course of
study in a licensed school of cosmetology or has served as an
apprentice for not less than 2 years in a licensed cosmetology
establishment in which hair care services, skin care services, and
manicuring services are offered. The training shall include a
minimum number of practical applications as prescribed in rules
promulgated by the director.
(e) Has passed an examination prescribed by the department and
the board.
Sec. 1208. The department shall issue a license as an
electrologist to an individual who fulfills all of the following:
(a) Is not less than 18 years of age.
(b) Is of good moral character. For purposes of this
subdivision, an individual does not lack good moral character if he
or she has been convicted of a felony determined by the department
to be nonviolent.
(c) Has had an education equivalent to the completion of the
ninth grade.
(d) Has completed not less than 400 hours of training in a
licensed school of cosmetology in which the practice is taught or
has studied for not less than 6 months as an apprentice in a
licensed cosmetology establishment where electrology services are
offered. The training shall include a minimum number of practical
applications as prescribed in rules promulgated by the director.
(e) Has passed an examination prescribed by the board and the
department.
Sec. 1209. The department shall issue a license as a
manicurist to an individual who fulfills all of the following:
(a) Is at least 17 years of age.
(b) Is of good moral character. For purposes of this
subdivision, an individual does not lack good moral character if he
or she has been convicted of a felony determined by the department
to be nonviolent.
(c) Has had an education equivalent to the completion of the
ninth grade.
(d) Has completed not less than 400 hours of training either
in a licensed school of cosmetology or as an apprentice for not
less than 6 months in a licensed cosmetology establishment where
manicuring is practiced. The training shall include a minimum
number of practical applications as prescribed in rules promulgated
by the director.
(e) Has passed an examination prescribed by the board and the
department.
Sec.
1210. (1) After the expiration of 12 months after the
effective
date of the 1997 amendatory act that amended this section
August 7, 1998, the department shall issue a license as an
esthetician to an individual who fulfills all of the following
requirements:
(a) Is at least 17 years of age.
(b) Is of good moral character. For purposes of this
subdivision, an individual does not lack good moral character if he
or she has been convicted of a felony determined by the department
to be nonviolent.
(c) Has had an education equivalent to the completion of the
ninth grade.
(d) Has completed not less than 400 hours of training either
in a licensed school of cosmetology or as an apprentice for not
less than 6 months in a licensed cosmetology establishment where
skin care services are rendered. The training shall include a
minimum number of practical applications as prescribed in rules
promulgated by the director.
(e) If an examination is available, has passed an examination
prescribed by the board and the department.
(2)
Until the expiration of 12 months after the effective date
of
the 1997 amendatory act that added this subsection August 7,
1998, the department shall issue a license as an esthetician to an
individual who fulfills all of the following requirements:
(a) Is at least 17 years of age.
(b) Is of good moral character. For purposes of this
subdivision, an individual does not lack good moral character if he
or she has been convicted of a felony determined by the department
to be nonviolent.
(c) Has had an education equivalent to the completion of the
ninth grade.
(d) Provides evidence of having obtained the equivalent of 6
months of full-time experience in skin care services in this or any
other state within the 12 months immediately preceding the date of
application.
(e) If an examination is available, has passed an examination
prescribed by the board and the department.
Sec. 1210a. (1) After December 31, 1999, the department shall
issue a license to practice natural hair cultivation to an
individual who fulfills all of the following:
(a) If an examination is available, has passed an examination
prescribed by the department and the board. In lieu of an
examination being available, the department shall evaluate the
experience of an applicant, which experience shall include at least
6 months of field practice or experience.
(b) Is at least 17 years of age.
(c) Is of good moral character. For purposes of this
subdivision, an individual does not lack good moral character if he
or she has been convicted of a felony determined by the department
to be nonviolent.
(d) Has an education equivalent to the completion of the ninth
grade.
(e) Has training either of at least 400 hours extending over a
period of at least 3 months in a school of cosmetology approved by
the department where services relating to natural hair cultivation
are rendered or has served at least 6 months as an apprentice in a
licensed cosmetology establishment in which natural hair
cultivation is practiced.
(2) Until December 31, 1999, the department shall issue a
license to practice natural hair cultivation to an individual who
fulfills all of the following:
(a) If an examination is available, has passed an examination
prescribed by the board and the department. In lieu of an
examination being available, the department shall evaluate the
experience of an applicant, which experience shall include at least
6 months of field practice or experience.
(b) Is at least 17 years of age.
(c) Is of good moral character. For purposes of this
subdivision, an individual does not lack good moral character if he
or she has been convicted of a felony determined by the department
to be nonviolent.
(d) Has an education equivalent to the completion of the ninth
grade.
(3) Notwithstanding any other provision in this article, an
individual may engage in natural hair cultivation for compensation
and may operate an establishment where natural hair cultivation
only is practiced without having first obtained an individual or
establishment license under this article.