HOUSE BILL NO. HB0164. Sponsored by: Representative(s) Esquibel, Alden and Tipton and Senator(s) Job and Mockler A BILL. for

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1 00 STATE OF WYOMING 0LSO-0 HOUSE BILL NO. HB0 Cosmetology act. Sponsored by: Representative(s) Esquibel, Alden and Tipton and Senator(s) Job and Mockler A BILL for AN ACT relating to the Wyoming Cosmetology Act; providing definitions; providing for the licensure of manicurists/nail technicians, aestheticians and hair stylists as specified; specifying duties of the board of cosmetology; specifying reasons for the revocation, suspension or nonrenewal of licenses; providing for fees; and providing for an effective date. Be It Enacted by the Legislature of the State of Wyoming: 0 Section. W.S. --0(a)(iv) through (viii) and by creating new paragraphs (xiv) through (xx), --(a)(i), (ii) and (v), --(a), (b), (c)(i) and (d), --, --, --0(a)(i) and (ii), --(b), --, --(a), (b) and by creating a new subsection (d), --(a)(i) and (ii), Bill Copy //00 - :0 PM HB0

2 00 STATE OF WYOMING 0LSO-0 --(a) by creating new paragraphs (viii) through (xiii) and --0(a) are amended to read: --0. Definitions. (a) As used in this act: (iv) "Cosmetologist" means a person who engages 0 in any of the practices practice of cosmetology as defined by this act and rules of the board and who is licensed under this act; (v) "Practice of cosmetology" means any one () of a combination of practices or services performed for others for the improvement and beautification of the hair, skin and nails of the human body for cosmetic purposes; 0 (vi) "Instructor" means a person licensed to teach cosmetology or any other practice licensed under this act; (vii) "License" means a current document recognizing the cosmetologist, manicurist/nail technician, aesthetician, hair stylist, instructor, salon or school has Bill Copy //00 - :0 PM HB0

3 00 STATE OF WYOMING 0LSO-0 met the qualifications required for doing business in this state; (viii) "Model" means a person who volunteers to allow a licensed cosmetologist, manicurist/nail technician, aesthetician, hair stylist or student enrolled in a cosmetology school to perform cosmetology services without cost; 0 (xiv) "Aesthetician" means a person who engages in the practice of aesthetics as defined by this act and rules of the board and who is licensed under this act; (xv) "Practice of aesthetics" means any one () of a combination of practices or services performed for other persons for the improvement and beautification of the skin or the human body for cosmetic purposes; (xvi) "Hair stylist" means a person who engages 0 in the practice of hair styling as defined by this act and rules of the board and who is licensed under this act; (xvii) "Practice of hair styling" means any one () of a combination of practices or services performed for Bill Copy //00 - :0 PM HB0

4 00 STATE OF WYOMING 0LSO-0 other persons for the improvement and beautification of the hair for cosmetic purposes; (xviii) "Manicurist/nail technologist" means a person who engages in the practice of manicuring/nail technology as defined by this act and rules of the board and who is licensed under this act; 0 (xix) "Practice of manicuring/nail technology" means any one () of a combination of practices or services performed for other persons for the improvement and beautification of the nails for cosmetic purposes; (xx) "Grossly unprofessional" means acting in an extreme manner not conforming to current industry standards of the cosmetology industry. --. Duties of board members. 0 (a) Within the limitations and authority granted by this act, the board shall: (i) Develop rules setting uniform and reasonable standards of competency for the practice and teaching of Bill Copy //00 - :0 PM HB0

5 00 STATE OF WYOMING 0LSO-0 cosmetology, manicuring/nail technology, aesthetics or hair styling, for the operation of salons and schools, and procedures for its own conduct; (ii) Administer examinations to determine competency for licensure of cosmetologists, manicurists/nail technicians, aestheticians, hair stylists and instructors; 0 (v) Annually inspect, or appoint persons to inspect, all salons and schools for proper licensure of the salon, school and all cosmetologists, manicurists/nail technicians, aestheticians, hair stylists or instructors practicing or teaching and for the purpose of determining compliance with the provisions of this act and board rules; fines. --. Licenses required; failure to comply; 0 (a) From and after the effective date of this act, no person shall engage in the practice or instruction of cosmetology, manicuring/nail technology, aesthetics or hair styling and no place shall be maintained and operated for the practice or teaching of cosmetology, manicuring/nail Bill Copy //00 - :0 PM HB0

6 00 STATE OF WYOMING 0LSO-0 technology, aesthetics or hair styling, except under a license issued in compliance with this act and the rules adopted pursuant to this act. (b) No school or salon shall employ, hire or in any 0 manner allow any individual to practice or teach cosmetology, manicuring/nail technology, aesthetics or hair styling unless that individual has a current license to practice or teach cosmetology, manicuring/nail technology, aesthetics or hair styling. (c) The licenses required in subsections (a) and (b) of this section shall: (i) Be issued in the name of the licensed cosmetologist, the manicurist/nail technician, aesthetician, hair stylist, instructor, the owner of the salon or the owner of the school; 0 (d) Any person who practices or teaches cosmetology, manicuring/nail technology, aesthetics or hairstyling for compensation, or who carries on any business, practice or operation governed by this act, without a license when a license is required, is guilty of a misdemeanor punishable, Bill Copy //00 - :0 PM HB0

7 00 STATE OF WYOMING 0LSO-0 upon conviction, by a fine of not more than seven hundred fifty dollars ($0.00). --. Form; expiration; renewal of license. The board shall prescribe the form and expiration date of licenses. Licenses may be renewed by submitting the required application for renewal and fee to the board before the license expiration date. If a cosmetologist, 0 manicurist/nail technician, aesthetician, hair stylist or instructor license is allowed to expire, the license may be renewed within a period of ninety (0) days after the expiration date, but after the expiration of ninety (0) days from the date the license expired the license shall lapse. --. Expired and lapsed licenses; relicensure. If a salon or school license is allowed to expire a 0 reinstatement fee for late renewal shall be imposed. A cosmetologist, manicurist/nail technician, aesthetician, hair stylist, or instructor license which has lapsed may be reinstated subject to payment of a reinstatement fee in addition to license fees for the lapsed period. Any person Bill Copy //00 - :0 PM HB0

8 00 STATE OF WYOMING 0LSO-0 whose license has lapsed for five () years or more, and who does not qualify for licensure by endorsement, shall be required to complete a refresher course of one hundred (00) hours for the manicuring/nail technology or aesthetics courses and three hundred (00) hours for the cosmetology or hairstyling courses at a licensed school before applying for examination and shall then be required to take the board examination Licensure by examination. (a) An applicant for admission to board examination shall meet the following requirements: (i) Except as provided by W.S. --(c), be a graduate of a cosmetology, manicuring/nail technology, aesthetics or hair styling school and have met training requirements comparable to those set forth in board rules; 0 (ii) Submit proper credentials as required by the board no less than ten (0) fifteen () days before the examination is to be given; --. Time, place and scope of examinations. Bill Copy //00 - :0 PM HB0

9 00 STATE OF WYOMING 0LSO-0 (b) The examinations shall not be confined to any specific method or system, may consist of written, oral and performance examinations and shall be of such scope and character as to disclose that any person passing the examination is qualified to receive a cosmetologist, manicurist/nail technician, aesthetician, hair stylist or instructor license Licensure by endorsement. 0 An applicant for a license to practice or instruct cosmetology, manicuring/nail technology, aesthetics or hair styling in Wyoming who is a qualified and currently licensed cosmetologist, manicurist/nail technician, aesthetician, hair stylist or cosmetology instructor in another state, upon submitting an application to the board, a certification from the board or licensing agency of the state in which the applicant is licensed that the applicant has taken a board-administered, nationally standardized written and practical examination, proof of meeting the requirements of this section and payment of the required fee, may receive a cosmetologist, manicurist/nail technician, aesthetician, hair stylist or cosmetology Bill Copy //00 - :0 PM HB0

10 00 STATE OF WYOMING 0LSO-0 instructor license by endorsement without examination in this state. An applicant from another state which does not require a board examination for licensure, or an applicant who did not attend a licensed state approved cosmetology, manicuring/nail technology, aesthetics or hair styling school meeting requirements of the rules of the board, shall not obtain a Wyoming license by endorsement. An 0 applicant from another state who has not practiced cosmetology, manicuring/nail technology, aesthetics or hair styling, full time for at least one () year prior to application shall obtain a Wyoming license by endorsement only if he was licensed under requirements which the board determines to be at least equal to those established pursuant to this act. --. Powers to revoke, refuse, suspend, refuse to renew licenses; grounds; procedures. 0 (a) The board may refuse to issue a license under this act or censure, revoke, suspend or refuse to renew a license issued pursuant to this act after twenty (0) days notice and a hearing, held pursuant to the provisions of W.S. --0 through --, for the violation of this act or any rule of the board by any person or entity Bill Copy //00 - :0 PM 0 HB0

11 00 STATE OF WYOMING 0LSO-0 holding a license. The board may require the attendance of witnesses and the production of books, records or papers it determines necessary for any investigation of any violation of this act or rule of the board. Any member of the board may administer oaths to witnesses appearing to testify before the board or before any board member. any of the following acts: (i) Any violation of this act or any rule of the 0 board; (ii) Any infection control violation as defined by board rule or regulation; (iii) Grossly unprofessional or dishonest conduct as defined by board rule; (iv) A judicial disposition of guilty or a plea of nolo contendere by a licensee or applicant relative to a 0 criminal offense which adversely relates to the practice or instruction of cosmetology, manicuring/nail technology, aesthetics or hair styling; Bill Copy //00 - :0 PM HB0

12 00 STATE OF WYOMING 0LSO-0 (v) Use of any prohibited product as defined by board rule and regulation; (vi) Use of intoxicating liquor or drugs to such an extent as to render the licensee unfit to practice or teach cosmetology, manicuring/nail technology, aesthetics or hair styling; (vii) Advertising by means of statements known 0 to be false or deceptive practices; or (viii) Failure of any person, salon or school to display required licenses and inspection certificates. (b) The board may refuse to grant a license to any 0 person guilty of fraud, cheating or unfair practices in passing the examination., or who has at any time been found guilty of a felony or of grossly unprofessional or dishonest conduct, or to anyone addicted to the use of intoxicating liquor or drugs to such an extent as to render him unfit to practice or teach cosmetology, or to anyone advertising by means of statements known to be false or deceptive practices, or for the failure of any person, Bill Copy //00 - :0 PM HB0

13 00 STATE OF WYOMING 0LSO-0 salon or school to display required licenses and inspection certificates. (d) The board may require the attendance of witnesses and the production of books, records or papers it determines necessary for any investigation of any violation of this act or rule of the board. Any member of the board may administer oaths to witnesses appearing to testify before the board or before any board member Publications. (a) The board shall: (i) Provide a copy of appropriate statutes and rules to every licensed cosmetologist, manicurist/nail technician, aesthetician, hair stylist, salon and school. Additional copies shall be made available upon payment of a fee for the publication; 0 (ii) Prepare and maintain a current list of the names and addresses of all cosmetologists, manicurist/nail technicians, aestheticians, hair stylists, salons and schools licensed in Wyoming, the names and addresses of the Bill Copy //00 - :0 PM HB0

14 00 STATE OF WYOMING 0LSO-0 members of the board and their terms of office. The list shall be available for inspection and copying and for reproduction in whole or in part upon payment of the cost of reproduction. --. Fees; disposition of fees. (a) Fees for the following shall be determined by the board pursuant to W.S. --0: 0 (viii) Aesthetician license; (ix) Hair stylist license; (x) Independent contractor license; (xi) Manicurist/nail technician license; (xii) On-line testing; 0 (xiii) Temporary location license Exemptions. Bill Copy //00 - :0 PM HB0

15 00 STATE OF WYOMING 0LSO-0 (a) Nothing in this act shall prohibit services rendered by licensed physicians, nurses, dentists, podiatrists, chiropractors, physical therapists, massage therapists, morticians or barbers licensed by this state when exclusively engaged in the practice of their respective professions. Section. This act is effective July, (END) Bill Copy //00 - :0 PM HB0