CHAPTER 299

FORMERLY

HOUSE BILL NO. 666

AN ACT TO AMEND CHAPTER 51, TITLE 24 OF THE DELAWARE CODE RELATING TO AESTHETICIANS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Chapter 51, Title 24 of the Delaware Code by adding a new subchapter II to read as follows:

"SUBCHAPTER II. AESTHETICIAN CERTIFICATION

§5121. Objectives.

The primary purpose for the certification of aestheticians is to guarantee to the public that each practitioner has achieved a minimum level of competence as an aesthetician.

§5122. Definitions.

(a) For the purpose of this chapter, an 'aesthetician' is defined as a person who is certified under this chapter to practice the cleansing, stimulating, manipulating and beautifying of skin, with hands or mechanical or electrical apparatus or appliances, and to give treatments to keep skin healthy and attractive. An aesthetician is not authorized to prescribe medication or provide medical treatments in the same manner as a dermatologist.

(b) 'Division' means the Division of Professional Regulation.

(c) 'School' means an institution privately owned and conducted for the purpose of teaching aesthetics.

§5123. Prohibitions.

(a) No person may engage in practice as an aesthetician or use any initials, letters, wording or abbreviation used by an aesthetician unless he or she is certified under this chapter.

(b) A person may not seek a certification or renewal by means of false or fraudulent actions or representations.

§5124. Exemptions.

Nothing in this chapter shall prohibit:

(a) A licensed cosmetologist from performing services as an aesthetician.

(b) A licensed dermatologist from performing services as a dermatologist. §5125. Records.

The Division of Professional Regulation shall maintain a register of all applicants for certification. This register shall be available for public inspection. The certification to practice as an aesthetician in this state shall be renewed by the aesthetician every two years and shall be renewed upon payment of the renewal fee. The Division shall provide forms for application for certification and for the renewal of certification. The Division shall notify each registrant of the expiration date of his or her certificate and the amount of the fee that shall be required at least one month prior to the expiration thereof. It shall-be the responsibility of the aesthetician to notify the Division of any change of address. A late fee shall be established by the Division to take effect one month after the expiration date of the certification. A late fee must be paid before the certification is renewed.

§5126. Qualifications.

No person shall be certified under this chapter unless he or she has:

(a) completed a course of study of not less than three hundred (300) hours in the principles pertaining to the practice of aesthetics.

(b) passed the National examination required in 55127 of this subchapter.

§5127. Examinations.

(a) Examinations for certification shall be professionally developed and used on a national basis.

(b) Examination services shall be contracted and approved by the Division of Professional Regulation.

(c) The Division of Professional Regulation shall administer the examination for certification. Grading will be performed by the contracted testing service.

§5128. Complaints.

(a) The Division of Professional Regulation shall investigate any written complaints concerning uncertified practitioners practicing or advertising themselves to be aestheticians. When it is determined that an individual is practicing aesthetics without certification, the Division shall apply to the appropriate court to issue a cease and desist order. If the violation continues, the Division shall make a formal complaint to the Attorney General.

(b) Where a person, not currently licensed as an aesthetician, is convicted of unlawfully practicing aesthetics in violation of this chapter such offender shall, upon the first offense, be fined five hundred dollars (5500) and shall pay all costs.

(c) Where a person previously convicted of unlawfully practicing aesthetics is convicted a second or subsequent time of such offense, the fine assessed against such person shall be increased by five hundred dollars ($500) for each subsequent offense thereafter.

§5209. Display of Certificate.

Each individual certified under this chapter shall prominently display his or her certificate issued by the Division in a conspicuous part of his or her office wherein the practice of aesthetics is conducted. In addition, each main or branch office shall have prominently displayed a name and telephone number where individuals may call concerning the services of the certified aesthetician.

§5210. Fees.

(a) The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the proportional expenses incurred by the Division in its services pursuant to this chapter. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each calendar year the Division of Professional Regulation, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate fees for the coming year.

(b) In those instances where a national examination is to be taken in Delaware, applicants shall nevertheless pay all fees charged by the testing service directly to the testing service. Where the testing service refuses to accept direct payment, the applicant may pay the Division. In the event there are extra local expenses incurred by the State for its services in administering the examination, the applicant shall pay an additional fee to the Division to defray those local expenses.

§5211. Operation of Aesthetic Schools.

(a) Any school which holds a current license to conduct a school for the purpose of teaching cosmetology and its branches may apply for approval by the Division to teach a course pertaining to the principles of aesthetics.

(b) All other schools shall be separately certified and pay the prescribed fee. No school will be granted a certificate unless it shall have the following:

(1) A clinic room of no less than six hundred (600) square feet, to be used exclusively for the teaching of aesthetics, and containing all necessary equipment for clinical training.

(2) A lecture room of no less than four hundred (400) square feet, with arm chairs or desks and chairs for a minimum of twenty-five (25) students. The lecture room must be available for at least one period per day for exclusive use for instruction in aesthetics.

§5212. Equipment.

Every school shall have, and shall maintain in good working condition, appropriate and sufficient equipment for its entire student body. Minimum equipment for an aesthetic school will be established by regulation by the Board of Cosmetology and Barbering.

§5213. Instructors.

Every school shall at all times be in the charge of, and under the immediate supervision of, an instructor. Instructors shall be competent to teach the principles of aesthetics.

§5214. Course of Study.

Each school of aesthetics shall maintain a course of study of not less than three hundred (300) hours, extending over a period of a maximum of one hundred sixty (160) hours a month. Every school shall maintain regular class hours with a daily schedule."

Approved July 10, 1990.