CHAPTER 146

FORMERLY

SENATE BILL NO. 331

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE REGULATION OF THOSE BUSINESS AND OCCUPATIONS WHICH PERFORM CERTAIN SERVICES; AND PROVIDING FOR A BOARD OF PERSONAL SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §402, Chapter 4, Title 24 of the Delaware Code by striking said section in its entirety.

Section 2. Amend §602, Chapter 6, Title 24 of the Delaware Code by striking said section in Its entirety.

Section 3. Amend Title 24 of the Delaware Code by adding thereto a new chapter, designated as Chapter 51, which new chapter shall read as follows:

"CHAPTER 51. BOARD OF PERSONAL SERVICES

SUBCHAPTER I. GENERAL PROVISIONS

§5101. Objectives and Functions

The primary objective of the Board of Personal Services, to which all other objectives and purposes are secondary, is to protect the general public (especially ;hose persons who are direct recipients of services regulated by this Chapter) from unsafe practices, and from occupational practices which tend to reduce competition or artificially fix the price of services rendered. The secondary objectives of the Board are to maintain minimum standards of practitioner competency, and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners or occupational groups under the jurisdiction of the Board; shall adjudicate at formal complaint hearings; shall develop rules and regulations; and shall impose sanctions where necessary against persons in the occupational groups regulated by the Board.

§5102. Board of Personal Services.

(a) Composition.

The Board of Personal Services shall be equally divided between all occupational groups under the Board's jurisdiction. Board membership shall include public members, and the number of public members shall not be less than one-fourth of the total Board membership. The Board shall annually elect a chairman from among its membership.

(b) Qualifications.

No member shall, while serving on the Board, be an elected or appointed official of a professional association which In any way represents an occupational group regulated by this Chapter. During the period a member serves on the Board his primary business or occupational office shall be located within this State; and such member shall be fully qualified to practice the occupation which he represents.

(c) Appointment; Term of Office.

All members of the Board shall be appointed by the Governor. All Board vacancies shall be filled by the Governor for the remainder of the term vacated, and successors shall have the same qualifications as are required for original appointment. No member shall serve two consecutive full terms; provided however, that a member may succeed himself for a full term if such full term immediately follows a partial term where the member had been appointed to fill a vacancy. All terms shall be for a period of five years; and the terms of Board members shall be staggered in such manner as will insure, as nearly as possible, an equal and uniform number of vacancies arising each year. The term of an appointed member shall expire on the date specified in the appointment, and the member shall no longer be eligible to participate in Board proceedings unless lawfully re-appointed. The chairman shall serve in that office for one year, and shall not succeed himself.

(d) Suspension and Removal.

A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance or malfeasance. A member subject to disciplinary proceedings shall be disqualified from Board business until the charge is adjudicated or otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court.

(e) Compensation.

Board members shall be reimbursed for all expenses involved in each meeting, including travel; and in addition shall receive not more than $40.00 each month, as compensation for all meetings attended in that month.

(f) Meetings and Quorum.

The Board shall meet at least once in each month of a calendar year and at such other times as the chairman deems necessary, or at the request of a majority of Board members. Advance notice of any special meeting shall be given to all members. A majority of members shall constitute a quorum. Any member who fails to attend three consecutive meetings, or who fails to attend at least half of all regular meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from office.

(g) Records.

Minutes of all meetings shall be recorded and copies of the record shall be maintained by the Division of Business and Occupational Regulation. All matters relating to a hearing held pursuant to statute shall be recorded and transcribed by the Division.

(h) Conflict of Interest.

The provisions set forth for "employees" in 55855, Chapter 58, Title 29 of the Delaware Code shall apply to all members of the Board, and to all agents and other persons appointed by or otherwise employed by the Board.

§5103. Powers and Duties.

The Board of Personal Services shall regulate persons practicing the occupation of barber, and persons practicing the occupation of cosmetologist. The Board shall have all of the rights, powers and duties formerly vested in the Board of Examiners of Barbers and in the Board of Cosmetology."

Section 4. (a) The initial Board of Personal Services shall consist of five members appointed by the Governor: one cosmetologist, one barber, and three public members. One public member shall he appointed for a term of one year, which term shall begin on July 1, 1981 whether or not the appointment is actually made on that date; the second public 'nember shall he appointed for a term of two years, which term shall begin on July 1, 1981; the third public member shall he appointed for a term of three years, which term shall begin on July 1, 1981; the barber member shall be appointed for a term of four years, which term shall begin on July 1, 1981; and the cosmetology member shall be appointed for a term of five years, which term shall begin on July 1, 1981.

(b) After the effective date of this Act, one or more new members shall be added to the Board each time the Board, by legislation, receives regulatory powers over another occupational group. Of the new members, one shall shall represent the additional occupational group, and such new public members shall be added to the Board as will insure that the public members shall continue to constitute not less than one-fourth of the total Board membership.

(e) When the representative of a new occupational group is added to the Board, such person shall cut short the term of (and take the place of) the public member having the shortest amount of time remaining in his term; provided however, that the provisions of this subsection shall no longer apply at such time when the elimination of a public member would reduce public membership on the Board to less than twenty-five percent (25%) of the total Board membership."

Section 5. The provisions of this Act shall become effective sixty days after enactment into law.

Section 6. (a) The Division of Business and Occupational Regulation shall make a progress report to the Sunset Committee, on or before October 1, 1981 which shall:

(1) recommend a schedule specifying those fees which, in the best interest of the public, it deems necessary; the amount which in its opinion should be charged for each fee; and the reasoning or method used in reaching its determination;

(2) include the Division's recommendations relating to circumstances under which an occupational group should be regulated through licensure, certification, or registration.

(b) The Division shall make its Final Report, relating to the matters set forth in subsection (a) of this section, on or before January 15, 1982.

Section 7. (a) By October 1, 1981 the Board of Personal Services shall make a progress report to the Sunset Committee. The report shall include, among other things:

(1) suggested occupational entry and renewal standards for each occupational group it regulates;

(2) a rough draft of the Board's proposed rules and regulations;

(3) recommendations concerning statutory provisions which, in its opinion, are in the best interests of persons served by those regulated under Chapter 4 and Chapter 6 of Title 24; and those provisions which should be eliminated from Chapter 4 and Chapter 6.

(b) The Board shall make its final report to the Sunset Committee, relating to the matters set forth in Subsection (a) of this Section, on or before February 1, 1982.

Approved July 13, 1981.