CHAPTER 158

FORMERLY

SENATE BILL NO. 150

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 51, TITLE 24 OF THE DELAWARE CODE REGARDING COSMETOLOGY AND BARBERING AND CERTIFICATION OF AESTHETICIANS.

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

Section 1. Amend §5101, Title 24 of the Delaware Code by adding a new subsection (12) which new subsection shall read as follows:

“(12) ‘Division’ shall mean the State Division of Professional Regulation.”

Section 2. Amend subsection (h), §5104, Title 24 of the Delaware Code by striking said subsection in its entirety and by substituting the following in lieu thereof:

“(h) The provisions set forth in Chapter 58 of Title 29 of the Delaware Code shall apply to all members of the Board."

Section 3. Amend subsection (d), §5104, Title 24 of the Delaware Code by striking said subsection in its entirety and by renumbering each succeeding subsection accordingly.

Section 4. Amend subsection (6), §5106, Title 24 of the Delaware Code by striking said subsection in its entirety, and by substituting the following in lieu thereof:

“(6) Grant licenses to, and renew licenses of, all persons who meet the qualifications for licensure and who have paid the appropriate fees as determined by the Division.”

Section 5. Amend subsection (7), §5106, Title 24 of the Delaware Code by striking said subsection in its entirety and by substituting the following in lieu thereof:

“(7) Grant temporary licenses to all persons who qualify. Rules and regulations for the issuance of temporary licenses shall be established by the Board;”

Section 6. Amend subsection (8), §5106, Title 24 of the Delaware Code by striking said subsection in its entirety and by substituting the following in lieu thereof:

“(8) Refer all complaints from licensees and the public concerning persons licensed by the Board, or concerning practices of the Board or of the profession, to the Division for investigation pursuant to §8807, Title 29 of the Delaware Code; and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint;”

Section 7. Amend subsection (9), §5106, Title 24 of the Delaware Code by striking said subsection in its entirety, and by substituting the following in lieu thereof:

“(9) Conduct hearings and issue orders in accordance with procedures established pursuant to Chapter 101 of Title 29 of the Delaware Code.”

Section 8. Amend subsection (13), §5106, Title 24 of the Delaware Code by striking the period at the end of said subsection and by substituting a semi-colon (;) in lieu thereof.

Section 9. Amend subsection (14), §5106, Title 24 of the Delaware Code by renumbering present subsection (14) as new subsection (15).

Section 10. Amend §5106, Title 24 of the Delaware Code by adding a new subsection (14), which new subsection shall read as follows:

“(14) Evaluate certified records to determine whether an applicant for licensure, who previously has been licensed, certified, or registered in another jurisdiction to practice cosmetology, barbering, nail technology, and/or electrology, has engaged in any act or offense that would be grounds for disciplinary action under this Chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicant for such acts or offenses;"

Section 11. Amend paragraph (1), subsection (a), §5107, Title 24 of the Delaware Code by striking the following sentence in its entirety:

“This requirement shall not apply to those students enrolled in a school of instruction for any of the practices for which a license is required under this chapter or for any registered apprentices at the time this law is enacted."

Section 12. Amend subparagraph f., paragraph (3), subsection (a), §5107, by striking said subparagraph in its entirety and by substituting the following in lieu thereof:

“f. Instructors - For cosmetology and barbering, the successful completion of a course in cosmetology or barbering, consisting of at least 500 hours of instruction in a registered school of cosmetology or barbering, or at least two years’ experience as an active licensed, practicing cosmetologist or barber, supplemented by at least 250 hours of instruction in cosmetology or barbering. For electrology, the successful completion of a course in electrology, consisting of at least 100 hours of instruction in electrology in a registered school of electrology or cosmetology; or at least two years’ experience as an active licensed, practicing electrologist, supplemented by at least 50 hours’ instruction in electrology. For nail technician, the successful completion of a course in nail technology, consisting of at least 45 hours of instruction in nail technology, in a registered school of cosmetology or nail technology; or at least two years’ experience as an active licensed, practicing nail technician, supplemented by at least 25 hours of instruction in nail technology. Proof of education or experience shall be provided to the satisfaction of the Board.”

Section 13. Amend §5107, Title 24 of the Delaware Code by adding thereto the following new paragraphs (4), (5), (6) and (7), which new paragraphs shall read as follows:

“(4) Shall not have been the recipient of any administrative penalties regarding his or her licensed practice, including but not limited to fines, formal reprimands, license suspensions or revocation, (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has not entered into any ‘consent agreements’ which contain conditions placed by a Board on his or her professional conduct and practice, including any voluntary surrender of a license. The Board may, after a hearing, determine whether such administrative penalty is grounds to deny licensure;

(5) Shall not have any impairment related to drugs or alcohol that would limit the applicant’s ability to undertake his or her licensed practice in a manner consistent with the safety of the public;

(6) Shall not have been convicted of a felony;

(7) Shall not have a criminal conviction record, nor pending criminal charge relating to an offense, the circumstances of which substantially relate to his or her licensed practice. Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the record or charge is substantially related to his or her licensed practice.”

Section 14. Amend §5109, Title 24 of the Delaware Code by striking said section in its entirety and by adding a new §5109 which shall read as follows:

Ҥ5109. Reciprocity.

Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who shall present proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States, whose standards for licensure are substantially similar to those of this State. An individual with a license from a state with less stringent requirements than those of this State may obtain a license through reciprocity if the individual can prove, to the satisfaction of the Board, that the individual has worked in another jurisdiction(s) in the field for which the individual is seeking a license in Delaware for a period of one year before application in this State. All applicants shall submit evidence verified by oath that his or her license is in good standing as defined in §5107(a)(4), (5), (6), and (7), of this Chapter.”

Section 15. Amend §5110, Title 24 of the Delaware Code by striking the last sentence of said section beginning with the words “At the beginning” and ending with “for the coming year.” in their entirety, and by substituting the following in lieu thereof: “At the beginning of each licensure biennium, the Division, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium.”

Section 16. Amend subsection (b), §5111, Title 24 of the Delaware Code by striking said subsection in its entirety, including paragraphs (1), (2), and (3), and by substituting the following in lieu thereof:

“(b) Each license shall be renewed biennially, in such manner as is determined by the Division, and upon payment of the appropriate fee and submission of a renewal form provided by the Division. A licensee, who has allowed his or her license to lapse for less than two years, may renew his or her lapsed license upon submission of a renewal form provided by the Division and payment of a late fee established by the Division. A licensee, who has allowed his or her license to lapse for longer than two years, shall complete one of the following:

(1) Retake the practical examination for the profession for which the applicant is applying; or

(2) For cosmetology and barbering, completion of a 1,000-hour apprenticeship; for electrology, completion of a 200-hour apprenticeship; for nail technology, completion of an 85-hour apprenticeship. All hours of apprenticeship completed under this section shall be with an individual licensed under this Chapter to perform the activities of the profession for which the applicant is applying; or

(3) For cosmetology and barbering, completion of a course of instruction not less than 500 classroom hours; for electrology, completion of a course of instruction not less than 100 hours; for nail technology, completion of a course of instruction not less than 45 hours. All courses completed under this section shall be at a school of instruction registered in the profession for which the applicant is applying.”

Section 17. Amend subsection (a), §5112, Title 24 of the Delaware Code by striking the first three sentences of said subsection beginning with the words “The Division” and ending with the words “as applicable” and by substituting the following in lieu thereof:

“All complaints shall be received and investigated by the Division in accordance with §8807 of Title 29 of the Delaware Code, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation. Investigators of the Division may enter any nail salon, beauty salon or barbershop in furtherance of their investigation. Upon a determination that an individual is practicing cosmetology, barbering, electrology or nail technology without a license, the investigator shall request that a Justice of the Peace Court issue a summons for a violation of §5116(b) or (c) of this title, as applicable.”

Section 18. Amend subsection (b), §5112, Title 24 of the Delaware Code by striking said subsection in its entirety, and by substituting the following in lieu thereof:

“(b) Those complaints involving unsanitary conditions or other conditions in any nail salon, cosmetology or beauty salon, barber shop, or electrology salon, which may harm the health of those receiving the services outlined in this chapter, shall be investigated by the Division of Public Health.”

Section 19. Amend paragraph (3), subsection (a), §5113, Title 24 of the Delaware Code by striking said paragraph in its entirety, and by substituting the following in lieu thereof:

“(3) Excessively used or abused drugs either in the past two years or currently; excessive use or abuse of drugs shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs the practitioner’s ability to perform the work of a cosmetologist, barber, electrologist or nail technician.”

Section 20. Amend paragraph (6), subsection (a), §5113, Title 24 of the Delaware Code by striking the period at the end of paragraph (6), and by substituting a semi-colon (;) in lieu thereof.

Section 21. Amend paragraph (7), subsection (a), §5113, Title 24 of the Delaware Code by renumbering current paragraph (7) as new paragraph (8).

Section 22. Amend subsection (a), §5113, Title 24 of the Delaware Code by adding thereto a new paragraph (7), which new paragraph shall read as follows:

“(7) Knowingly employed or cooperated in the hiring or contracting for the services of, or, as the owner or operator of a beauty salon, leased space or otherwise entered into a contractual relationship with, any unlicensed person(s) required by this Chapter to hold an unrestricted license to practice any of the professions regulated by this Chapter;”

Section 23. Amend subsection (b), §5113, Title 24 of the Delaware Code by striking said subsection in its entirety, and by renumbering current subsection (c) as new subsection (b).

Section 24. Amend subsection (a), §5115,Title 24 of the Delaware Code by striking said subsection in its entirety, and by substituting the following in lieu thereof:

“(a) If a complaint is filed with the Board pursuant to §8807 of Title 29 of the Delaware Code, alleging violation of §5113 of this Chapter, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with Chapter 101 of Title 29 of the Delaware Code.”

Section 25. Amend subsection (b), §5115, Title 24 of the Delaware Code by striking the last sentence of said subsection beginning with the words “The Board’s decision” and ending with “within that time.”

Section 26. Amend subsection (c), §5115, Title 24 of the Delaware Code by striking said subsection in its entirety, and by substituting the following in lieu thereof:

“(c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board’s decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to the practitioner. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with §10144 of Title 29 of the Delaware Code.”

Section 27. Amend subsection (a), §5117, Title 24 of the Delaware Code by striking the words “and approved by the General Assembly” as the same appear in the first sentence of said subsection.

Section 28. Amend §5123, Title 24 of the Delaware Code by striking the first sentence of said subsection beginning with the words “The Board” and ending with the words “for certification.” and by substituting the following in lieu thereof: “The Board shall maintain a register of all certified aestheticians.”

Section 29. Amend §5123, Title 24 of the Delaware Code by striking the last two sentences of said section, beginning with the words “A late fee shall be” and ending with the words “certificate is renewed.” and by substituting the following in lieu thereof: “A late fee shall be established by the Division and the aesthetician shall pay the late fee before the certificate is renewed.”

Section 30. Amend subsection (a), §5126, Title 24 of the Delaware Code by striking said subsection in its entirety, and by substituting the following in lieu thereof:

“(a) The Division shall investigate all written complaints concerning uncertified practitioners advertising themselves to be certified aestheticians. When it is determined that an individual is using the title ‘certified aesthetician’ without having obtained certification under this Chapter, the Board shall apply to the Office of the Attorney General to issue a cease and desist order.”

Section 31. Amend §5128, Title 24 of the Delaware Code by striking said subsection in its entirety, and by substituting the following in lieu thereof:

Ҥ5128. Fees.

The amount to be charged for each fee imposed under this subchapter shall approximate and reasonably reflect all costs necessary to defray the proportional expenses incurred by the Division in its services pursuant to this subchapter. 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 subchapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate fees for the coming licensure biennium.”

Section 32. Amend Chapter 51, Title 24 of the Delaware Code by redesignating all sections of subchapter II. (§5119 through §5132) as new §5131 through §5144.

Section 33. Amend Chapter 51, Title 24 of the Delaware Code by adding a new subsection known as §5119, which new subsection shall read as follows:

Ҥ5119. Display of certificate.

All licenses issued under this chapter shall be prominently displayed in a conspicuous part of the place of business of the licensee. In addition, each main or branch place of business shall have prominently displayed a name and telephone number where individuals may call concerning the services of licensees.”

Section 34. Amend §5123, Title 24 of the Delaware Code by adding the following after the word "renewed" in the last sentence of said section:

"A certified aesthetician, who has allowed his or her certification to lapse for less than two years, may renew his or her lapsed certification upon submission of a renewal form provided by the Division and payment of a late fee. A certified aesthetician, who has allowed his or her certification to lapse for longer than two years, shall complete one of the following:

(1) Retake the written examination for certification as an aesthetician; or

(2) Complete a 200-hour apprenticeship with an individual holding a certification as an aesthetician or licensed as a cosmetologist under this chapter; or

(3) Complete a course of instruction, not less than 100 hours, in the principles pertaining to the practice of aesthetics at a school holding a license under this chapter. "

Approved July 10, 2001