HB-4310, As Passed House, May 22, 2013
February 26, 2013, Introduced by Reps. Cotter, Walsh, Kelly and Kesto and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 1204 and 1205 (MCL 339.1204 and 339.1205),
section 1204 as amended by 2003 PA 57 and section 1205 as amended
by 1997 PA 97.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1204. (1) The department shall issue a license to a
person for the operation of a cosmetology establishment if all of
the following requirements are met:
(a) An application is submitted by the owners or managers of
the establishment.
(b) The application described in subdivision (a) includes a
drawing
or diagram indicating that
describes the premises to be
licensed and the location of all required equipment and facilities.
(c)
The premises has have satisfactorily passed an inspection
conducted by the department for the purpose of determining whether
the
establishment has met meets
sanitation and equipment standards
prescribed in rules promulgated by the director.
(d)
Except as provided in subsection (3), (2), the cosmetology
establishment
shall be is under the daily attendance and
supervision of a licensed cosmetologist who is not less than 18
years
of age and has had not less than at least 1 year's practical
experience in cosmetology.
(2)
A cosmetology establishment shall be completely separated
by
full partitions and doors from a dwelling or a school of
cosmetology.
(2) (3)
The department may issue a limited
cosmetology
establishment
license to a person who that
seeks to perform only 1
or more services of cosmetology on the premises. If the
establishment license is limited to only manicuring services or
skin care services, the supervising licensee may be an individual
who is licensed only in that service. A licensed cosmetologist who
is working in a limited licensed cosmetology establishment shall
not perform cosmetology services for which the premises are not
licensed. If the cosmetology establishment license is limited to
electrology, the supervising licensee shall be a licensed
electrologist. A licensed cosmetologist shall not supervise a
cosmetology establishment whose cosmetology license is limited to
rendering electrology unless the cosmetologist is licensed as an
electrologist.
(3) (4)
The department may grant a
temporary establishment
license
to a person who that has fulfilled all licensure
requirements except for the completion of the inspection.
(4) (5)
The transfer of ownership or
location of a cosmetology
establishment voids the license. The filing of a new license
application
is required before a predicate to the change in
ownership or location of an establishment.
(5) (6)
The license of the establishment
and of each
individual working in the establishment shall be displayed in a
prominent
place which that is visible to the public at all times.
The license of an individual who is working in the establishment
may be posted at the individual's work station.
Sec. 1205. (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
describes the premises to be licensed ,
showing that the
premises
are fully partitioned from any other activity, business,
or
dwelling. The and shows the location of all
required equipment
and
facilities. shall also be shown on the diagram.
(c)
A cash or surety bond of $10,000.00 has been is furnished
in favor of the people of this state for the use and benefit of
students
and conditioned upon on the faithful performance and
satisfaction of the contractual rights of students.
(d)
Provisions have been are made for the school to be under
the daily supervision of a licensed instructor who has at least 3
years' experience in all of the services of cosmetology being
taught in the school.
(e)
The premises has have successfully passed an inspection by
the department that was conducted for the purpose of determining
whether
the school has met meets 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 that
has 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 that are sufficient for the
ready and full teaching of each subject in the curriculum.
(c)
Shall maintain 1 person individual
who is licensed as an
instructor , and is 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
(f)
Shall display a sign shall be
displayed indicating that
states that services are rendered by students of the school.
(g) (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.subdivision.
(3)
A cosmetology establishment exacting that charges a fee
for
the teaching of to teach 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
that conducts an apprenticeship program without charging a fee for
the teaching of cosmetology shall comply with subsection (5). A
cosmetology
establishment which that 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 that
teaches 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 an electrology instructor shall provide the 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
that conducts 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,
provide a copy of which shall be sent the daily record
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 required before a predicate to the change in
ownership or location of a school.