§ 5100. | § 5101. | § 5102. | § 5103. | § 5104. | § 5105. | § 5106. | § 5107. | § 5108. | § 5109. | § 5110. | § 5111. | § 5112. | § 5113. | § 5114. | § 5115. | § 5116. | § 5117. | § 5118. | § 5119.
The primary objective of the Board of Cosmetology and Barbering, to which all other objectives and purposes are secondary, is to protect the general public (specifically those persons who are direct recipients of services regulated by this subchapter) 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 competency; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal complaint hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners. (63 Del. Laws, c. 146, § 3; 64 Del. Laws, c. 8, § 1; 69 Del. Laws, c. 178, § 1.)
As used in this chapter:
(1) "Apprentice" means any person who is engaged in the learning of any or all the practices of cosmetology, barbering, nail technology or electrology from a practitioner licensed in the profession the apprentice is studying. The apprentice may perform or assist the licensed practitioner in any of the functions which the practitioner is licensed to perform.
(2) "Barber" means any person licensed under this chapter who, for a monetary consideration, shaves or trims beards, cuts or dresses hair, gives facial or scalp massaging, treats beards or scalps with preparations made for this purpose or dyes hair.
(3) "Beauty salon" means any place or part thereof wherein cosmetology, barbering, electrology or nail technology, or any of its practices, are practiced, whether such place is known or designated as a cosmetological establishment, beauty salon or barber shop, nail salon or electrology establishment, or where the person practicing cosmetology, barbering, nail technology or electrology therein holds oneself out as a cosmetician, cosmetologist, beauty culturist, barber, nail technician or electrologist, or by any other name or designation indicating that cosmetology or barbering is practiced therein.
(4) "Board" means and refers to the Delaware State Board of Cosmetology and Barbering, as provided for in this chapter.
(5) "Classroom hour" is defined as 50 minutes of each 60-minute hour.
(6) "Cosmetologist" means any person licensed under this chapter who is not an apprentice or student practicing cosmetology, who shall have the qualifications provided for by this chapter.
(7) "Cosmetology" includes any or all work done for monetary compensation by any person, which work is generally and usually performed by cosmetologists. Such work shall include, but not be limited to, the embellishment, cleansing and beautification of the human hair, such as arranging, dressing, curling, waving, cutting, bleaching or coloring, the removal of superfluous hair and nail technology. The term "cosmetology" shall also include, but not be limited to, the massaging, stimulating or beautifying, or similar work, of the scalp, face, arms, hands or the upper body. All work performed under the definition of "cosmetology" may be done by hand or by mechanical or electrical devices and may include the use of cosmetic preparations, tonics, lotions or creams.
(8) "Division" shall mean the State Division of Professional Regulation.
(9) "Electrologist" shall mean any person licensed under this chapter who, for a monetary consideration, engages in the removal of superfluous hair by use of specially designed electric needles.
(10) "Instructor" shall mean any person licensed under this chapter who is a cosmetologist, barber, electrologist or nail technician, who teaches cosmetology, barbering, electrology or nail technology in a duly registered school of cosmetology, barbering, electrology or nail technology.
(11) "Nail technician" means any person licensed under this chapter who engages only in the practice of manicuring, pedicuring or sculpting nails, including acrylic nails, of any person.
(12) "School of cosmetology," "school of electrology," "school of nail technology," "school of barbering" shall mean any place or part thereof where cosmetology, barbering, electrology, nail technology or any of the practices are taught, whether such place or establishment is known or designated as a cosmetological establishment, barbering school, beauty culture school, school of electrology, or by any other name or designation, indicating that cosmetology, barbering, electrology or nail technology is taught therein to students.
(13) "Substantially related" means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to cosmetology, barbering, electrology or nail technology. (69 Del. Laws, c. 178, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 158, § 1; 74 Del. Laws, c. 262, § 91; 75 Del. Laws, c. 169, § 1.)
§ 5102. Authority to regulate.
The Board of Cosmetology and Barbering shall regulate persons performing any of the functions outlined in the duties of a cosmetologist, barber, electrologist, nail technician or instructor. (64 Del. Laws, c. 8, § 1; 69 Del. Laws, c. 178, § 1.)
§ 5103. License requirement; applicability of chapter.
No person shall practice cosmetology, barbering, electrology, nail technology, or act as an instructor in this State, who has not been licensed in accordance with this chapter. Under such rules and regulations as the Board may adopt, this chapter shall not be construed to prohibit practice by:
(1) Persons who are licensed to practice cosmetology, barbering, electrology or nail technology in any other state, district or foreign country who, as practicing cosmetologists, barbers, electrologists or nail technicians enter this State to consult with a cosmetologist, barber, electrologist or nail technician of this State. Such consultation shall be limited to less than 30 days in any calendar year.
(2) Any student of an accredited school of cosmetology, barbering, electrology or nail technology who is receiving practical training under the personal supervision of a licensed instructor in cosmetology, barbering, electrology or nail technology.
(3) Any cosmetologist, barber, electrologist or nail technician, commissioned by any of the armed forces of the United States, or by the Public Health Service.
(4) Individuals licensed under this chapter from performing those services for which they are licensed in a health care institution, funeral home, or in the residence of a home-bound person.
(5) Persons employed to render cosmetology or hairstyling services in the course of, and incidental to, the business or employers engaged in the theatrical, radio, television or motion picture production industries, modeling or photography. (64 Del. Laws, c. 8, § 1; 69 Del. Laws, c. 178, § 1.)
§ 5104. Appointment; composition; qualifications; term of office; suspension or removal, compensation; continuation of former board.
(a) The Board of Cosmetology and Barbering shall consist of 9 members appointed by the Governor, 6 members who shall be licensed in accordance with this chapter, and 3 public members. When making appointments to the Board, the Governor shall make every effort to ensure that the composition of the Board accurately reflects the various disciplines within the cosmetology and barbering industry. To serve on the Board, a public member shall not be, nor ever have been, a cosmetologist, barber, electrologist, nail technician or aesthetician; nor a member of the immediate family of a cosmetologist, barber, electrologist, nail technician or aesthetician; shall not have been employed by a cosmetologist, barber, electrologist, nail technician or aesthetician; shall not have had a material or financial interest in the providing of goods and services to a cosmetologist, barber, electrologist, nail technician or aesthetician; nor have been engaged in an activity directly related to cosmetology, barbering, electrology, nail technology or aesthetics. Such public member shall be accessible to inquiries, comments and suggestions from the general public.
(b) Each member shall serve for a term of 3 years, and may successively serve for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may successively serve for only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member.
(c) A person who has never served on the Board may be appointed to serve on the Board for 2 consecutive terms, but no such person shall thereafter be eligible for 2 consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for 6 years within any 9-year period, shall again be appointed to the Board until an interim period of at least 1 term has expired since such person last served.
(d) Any act or vote by a person appointed in violation of subsection (c) of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c) of this section, unless such amendment or revision amends this section to permit such an appointment.
(e) 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 the matter is otherwise concluded.
(f) No member of the Board of Cosmetology and Barbering, while serving on the Board, shall be a president, chairperson or other official of a professional cosmetology, barbering, nail technology or electrology association.
(g) The provisions set forth in Chapter 58 of Title 29 shall apply to all members of the Board.
(h) Board members shall receive not more than $50 for each meeting attended, nor more than $500 maximum per member in any calendar year. After 10 meetings have been attended, the member shall not be compensated for any subsequent meetings attended in that year. (63 Del. Laws, c. 146, § 3; 64 Del. Laws, c. 8, § 1; 67 Del. Laws, c. 368, § 26; 69 Del. Laws, c. 178, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 177, § 1; 73 Del. Laws, c. 158, §§ 2, 3.)
§ 5105. Officers; meetings; quorum.
(a) In the same month of each year the members shall elect, from among their number, a President, a Vice-President and a Secretary for 1 year. Each officer shall serve for 1 year, and may successively serve in the same office for 1 additional term. In the event that the President shall leave the Board, the Vice-President shall become President and an election shall be held within 90 days.
(b) The Board shall hold a regularly scheduled business meeting at least once in each quarter of a calendar year, and at such other times as the President deems necessary or at the request of a majority of Board members.
(c) A majority of members shall constitute a quorum; and no action shall be taken without the affirmative vote of a majority of the quorum. Any member who fails to attend 3 consecutive regular business meetings, or who fails to attend at least half of all regular business meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from office and a replacement shall be appointed by the Governor.
(d) Minutes of all meetings shall be recorded, and copies of the minutes shall be maintained by the Division of Professional Regulation. At any hearing where evidence is presented, such hearing shall be recorded by a court reporter and any stenographic transcript requested shall be at the expense of the party making the request. (63 Del. Laws, c. 146, § 3; 64 Del. Laws, c. 8, § 1; 65 Del. Laws, c. 355, § 1; 68 Del. Laws, c. 409, § 1; 69 Del. Laws, c. 178, § 1; 70 Del. Laws, c. 186, § 1.)
(a) The Board of Cosmetology and Barbering shall have the power to:
(1) Formulate rules and regulations, with appropriate notice given. Each rule or regulation shall implement or clarify a specific section of this chapter;
(2) Designate and process the application form to be used by all applicants; however, no application form shall require a picture of the applicant, require information relating to citizenship, race, place of birth or length of state residency; nor shall it require personal references;
(3) Designate a written examination, prepared by either a national professional association or by a recognized legitimate national testing service;
(4) Provide for the administration of all examinations, subject to the approval of the Division of Professional Regulation, including notice and information to applicants;
(5) Design and administer practical examinations, subject to the approval of the Division of Professional Regulation, for cosmetology, nail technology, barbering and electrolysis, only;
(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;
(7) Grant temporary licenses to all persons who qualify. Rules and regulations for the issuance of temporary licenses shall be established by the Board;
(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 § 8735 of Title 29, 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;
(9) Conduct hearings and issue orders in accordance with procedures established pursuant to Chapter 101 of Title 29;
(10) Where it has been determined after a disciplinary hearing that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty, after time for appeal has lapsed;
(11) Bring proceedings in the courts for the enforcement of this chapter;
(12) Take such action outlined in § 5116 of this title with regard to unlicensed practitioners;
(13) Establish by rule and regulation the curriculum to be completed by an instructor for any of the professions regulated by this chapter;
(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;
(15) Prohibit the use of methyl methacrylate (MMA).
(b) The Board of Cosmetology and Barbering shall promulgate regulations specifically identifying those crimes, which are substantially related to the practice of cosmetology, barbering, electrology or nail technology. (63 Del. Laws, c. 146, § 3; 64 Del. Laws, c. 8, § 1; 69 Del. Laws, c. 178, § 1; 71 Del. Laws, c. 380, § 1; 73 Del. Laws, c. 158, §§ 4-10; 74 Del. Laws, c. 262, § 92; 75 Del. Laws, c. 169, § 2.)
§ 5107. Qualifications of applicant; judicial review; report to Attorney General.
(a) All persons applying for a license to practice under this chapter:
(1) Shall have successfully completed an education equivalent to a 10th grade education. Instructors shall have successfully completed an education equivalent to completion of the 12th grade. Proof of the required education shall be a certified high school transcript or any other document or affidavit which constitutes reliable proof of educational attainment;
(2) Shall have passed a written and practical examination to the satisfaction of the Board;
(3) Shall have paid the appropriate fee as established by the Division of Professional Regulation. In addition, except as otherwise provided for in this chapter, no individual shall be permitted to sit for an examination or shall be granted a license to practice in any of the professions regulated by this chapter, unless the individual meets the following education requirements, or has successfully completed an apprenticeship. The requirements are for:
a. Cosmetologists and barbers -- The successful completion of a minimum of 1,500 classroom hours of continuous training for a complete course in either barbering or cosmetology. School owners shall have the option of the amount of hours of training per day not to exceed 10 hours and shall be able to choose which days of the week the student works provided the hours accumulated do not exceed 40 hours per week; however, upon a written agreement signed by the school owners and the student, the student may work more than 10 hours per day or 40 hours per week; or
b. Apprentice cosmetologists or barbers -- The completion of 3,000 hours in an apprenticeship, to either a licensed cosmetologist or barber, with the total number of hours worked per day not to exceed 10 hours, nor to exceed 40 hours per week, unless a written agreement to exceed these limits is signed by the licensed cosmetologist or barber and the apprentice; or
c. Nail technicians -- The successful completion of a course of training in nail technology of not less than 125 hours in a school of nail technology or cosmetology; or successful completion of 250 hours as an apprentice under the supervision of a licensed nail technician. In either case, training is not to exceed 10 hours per day or 40 hours per week. However, upon a written agreement signed by the school owner and the student, the student may work more than 10 hours per day or 40 hours per week; or
d. Electrologists -- The successful completion of a course of training in electrology of not less than 300 hours in a school of electrology or cosmetology, or successful completion of 600 hours as an apprentice under the supervision of a licensed electrologist. In either case, training is not to exceed 10 hours per day or 40 hours per week. However, upon a written agreement signed by the school owner and the student, the student may work more than 10 hours per day or 40 hours per week; or
e. Students -- Any school of cosmetology, barbering, electrology or nail technology which enrolls a student shall file with the Board the name of such student. The Division of Professional Regulation shall keep a register of all enrolled students. Each student shall be at least 16 years of age at the time or enrollment; or
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 2 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 2 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 2 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;
(4) Shall not have been the recipient of any administrative penalties regarding that person's 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 have not entered into any "consent agreements" which contain conditions placed by a Board on that person's 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 that applicant's licensed practice in a manner consistent with the safety of the public;
(6) Shall not have been convicted of a crime substantially related to the practice of cosmetology, barbering, electrology or nail technology, unless the applicant was previously so licensed or was enrolled in a training program to be so licensed while an offender under the supervision of the Department of Correction prior to July 10, 2001; however, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (a)(6) of this section, if it finds all of the following:
a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term "sentence" includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.
b. The applicant is capable of practicing cosmetology, barbering, electrology or nail technology in a competent and professional manner.
c. The granting of the waiver will not endanger the public health, safety or welfare;
(7) Shall not have a criminal conviction record, nor pending criminal charge relating to an offense the circumstances of which substantially relate to that person's licensed practice or which calls into question the ability of the applicant to carry out that applicant's own professional services with due regard for the health and safety of the recipients of those services and the public. 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 that applicant's licensed practice or which calls into question the ability of the applicant to carry out that applicant's own professional services with due regard for the health and safety of the recipients of those services and the public.
(b) When a person who feels the Board has refused or rejected an application without justification; has imposed higher or different conditions for the person's than for other applicants or persons now licensed; or has in some other manner contributed to or caused the failure of such person's application, the applicant may appeal to Superior Court.
(c) Where the Board has found to its satisfaction that an application has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action. (64 Del. Laws, c. 8, § 1; 69 Del. Laws, c. 178, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 158, §§ 11-13; 74 Del. Laws, c. 150, §§ 1, 2; 75 Del. Laws, c. 169, § 3; 75 Del. Laws, c. 436, § 49.)
(a) There shall be separate written and practical examinations for licensure for barbering, cosmetology, nail technology and electrology which shall be professionally developed and used on a national basis. Each of these examinations shall be offered at least semi-annually. If the required written or practical examination cannot be procured from a professional testing service, the Board may develop the written or practical examination subject to the approval of the Division of Professional Regulation.
(b) No Board member or designee of the Board may administer a practical examination to any student from an educational institution or commercial establishment where the Board member or designee of the Board is employed or has a fiduciary interest therein.
(c) Examination services shall be contracted and approved by the Division of Professional Regulation. Grading will be performed by the contracted testing service where professionally developed examinations are used. All scoring for practical examinations shall be approved by the Division of Professional Regulation. (64 Del. Laws, c. 8, § 1; 69 Del. Laws, c. 178, § 1; 70 Del. Laws, c. 430, § 2.)
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 1 year before application in this State. All applicants shall submit evidence verified by oath that the applicant's license is in good standing as defined in § 5107(a)(4), (5), (6) and (7) of this title. (64 Del. Laws, c. 8, § 1; 69 Del. Laws, c. 178, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 158, § 14.)
The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board. There shall be a separate fee charged for each service or activity; but no fee shall be charged for an activity not specified in this chapter. 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 Board fees for the licensure biennium. (64 Del. Laws, c. 8, § 1; 65 Del. Laws, c. 355, § 1; 69 Del. Laws, c. 178, § 1; 73 Del. Laws, c. 158, § 15.)
§ 5111. Issuance of license; renewal; inactive status; reinstatement.
(a) Each person who has passed the examinations required by this chapter, who has been admitted to practice in this State by reciprocity, or who has otherwise qualified for a license shall, prior to receiving such license, file for and obtain an occupational license from the Division of Revenue, if required, in accordance with Chapter 23 of Title 30. The Board shall issue a license to each person who has qualified for same under this chapter. A duplicate license shall be issued to a practitioner licensed under this chapter upon payment of a fee established by the Division of Professional Regulation. The license shall be clearly marked "DUPLICATE."
(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 that licensee's license to lapse for less than 2 years may renew that licensee's 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 that licensee's license to lapse for longer than 2 years shall complete one of the following:
(1) Retake the practical examination for the profession for which the applicant is applying;
(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.
(c) Any licensee may, upon written request, be placed in an inactive status. The renewal fee of such person shall be prorated in accordance with the amount of time such person was inactive. Such person may reenter practice upon notification to the Board of that person's intent to do so.
(d) A former licensee, who has been penalized for a violation of a provision of this chapter, or whose license has been suspended or revoked, and who subsequently is permitted to apply for reinstatement, shall apply for a new license, successfully complete all examinations, and pay all appropriate fees before the person may be licensed. (64 Del. Laws, c. 8, § 1; 64 Del. Laws, c. 144, § 1; 69 Del. Laws, c. 178, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 158, § 16.)
(a) All complaints shall be received and investigated by the Division in accordance with § 8735 of Title 29, 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. The investigator or the Attorney General or their designee, or any other person authorized by law, shall prosecute the matter. A copy of the investigator's report, including the summons and complaint, shall be sent to the Board. A condition of bond shall be that the accused shall not practice the regulated conduct without first obtaining a license from the Division, and any violations of bond shall be treated as criminal contempt, pursuant to § 1271(3) of Title 11.
(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. (64 Del. Laws, c. 8, § 1; 65 Del. Laws, c. 355, § 1; 69 Del. Laws, c. 178, § 1; 71 Del. Laws, c. 299, § 1; 73 Del. Laws, c. 158, §§ 17, 18.)
§ 5113. Grounds for discipline; procedure.
(a) Practitioners regulated under this chapter shall be subject to those disciplinary actions set forth in § 5114 of this title if, after a hearing, the Board finds that the practitioner has:
(1) Employed or knowingly cooperated in fraud or material deception in order to be licensed, or be otherwise authorized to practice cosmetology, barbering, electrology or nail technology;
(2) Been incompetent or negligent in the practice of cosmetology, barbering, electrology or nail technology;
(3) Excessively used or abused drugs either in the past 2 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;
(4) Been convicted of a crime that is substantially related to the practice of cosmetology, barbering, electrology or nail technology;
(5) As a cosmetologist, barber, electrologist or nail technician, or otherwise in the practice of the profession, knowingly engaged in an act of consumer fraud or deception, engaged in the restraint of competition, or participated in price-fixing activities;
(6) Violated a lawful provision of this chapter, or any lawful regulation established thereunder;
(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;
(8) Violated a standard or regulation adopted by the Department of Health and Social Services for public health assurance in the practice of cosmetology and barbering or in the operation of beauty salons and schools of cosmetology, electrology, nail technology and barbering.
(b) Subject to subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no practitioner's rights to practice shall be limited by the Board, until such practitioner has been given notice, and an opportunity to be heard in accordance with the Administrative Procedures Act [Chapter 101 of Title 29]. (64 Del. Laws, c. 8, § 1; 69 Del. Laws, c. 178, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 441, § 2; 73 Del. Laws, c. 158, §§ 19-23; 74 Del. Laws, c. 262, § 93; 75 Del. Laws, c. 169, §§ 4, 5.)
§ 5114. Disciplinary sanctions.
(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that one of the conditions or violations set forth in § 5113 of this title applies to a practitioner regulated by this chapter:
(1) Issue a letter of reprimand;
(2) Censure a practitioner;
(3) Place a practitioner on probationary status, and require the practitioner to:
a. Report regularly to the Board upon the matters which are the basis of the probation;
b. Limit all practice and professional activities to those areas prescribed by the Board;
(4) Suspend any practitioner's license;
(5) Revoke a practitioner's license.
(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied.
(c) The Board may temporarily suspend a practitioner's license in advance of a final adjudication, or during the appeals process, but only in cases where there is a clear and immediate danger to the health and safety of a client or to the public if the licensee is allowed to continue to practice. Such suspension may be appealed to Superior Court.
(d) As a condition of reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter. (64 Del. Laws, c. 8, § 1; 69 Del. Laws, c. 178, § 1.)
(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 5113 of this title, 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.
(b) All hearings shall be informal without use of rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this chapter as it deems necessary. The Board's decision shall be in writing and shall include its reasons for such decision. A copy of the decision shall be mailed immediately to the practitioner.
(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. (64 Del. Laws, c. 8, § 1; 69 Del. Laws, c. 178, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 441, § 3; 73 Del. Laws, c. 158, §§ 24-26.)
§ 5116. Practicing without a license; penalties.
(a) Where the Board has placed a practitioner on probationary status under certain restrictions or conditions, and the Board has determined that such restrictions or conditions are being or have been violated by the practitioner, it may, after a hearing on the matter, suspend or revoke the practitioner's license.
(b) Where a person not currently licensed as a cosmetologist, barber, electrologist, nail technician or instructor, in any of the professions for which a license is required, is convicted of unlawfully practicing cosmetology, barbering, electrology or nail technology in violation of this chapter, such offender shall, upon the first offense, be fined not less than $100 nor more than $500, and shall pay all costs; provided, however, that where it is alleged that such violation has resulted in injury to any person, the offender shall be charged and tried under the applicable provision(s) of Title 11.
(c) Where a person previously convicted of unlawfully practicing cosmetology, barbering, electrology, nail technology, or instructing in any of the professions for which a license is required under this chapter, is convicted a second or subsequent time of such offense, the fine assessed against such person shall be not less than $500 nor more than $1,000 for each subsequent offense thereafter. (64 Del. Laws, c. 8, § 1; 69 Del. Laws, c. 178, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 299, § 2; 72 Del. Laws, c. 176, §§ 1, 2.)
§ 5117. Registration of salons and schools.
(a) Any person, firm, corporation or association shall apply to the Board for a certificate of registration as a registered beauty salon, barbershop, nail salon, electrology establishment, school of cosmetology, barbering, nail technology or electrology, within the meaning of this chapter; said application to be upon a form prescribed by the Board, together with the required fees set biennially by the Division of Professional Regulation. Renewals, with fees set by the Division of Profession Regulation, shall be required biennially. Any beauty salon, barbershop, nail salon, electrology establishment, school of cosmetology, barbering, nail technology or school of electrology shall fully comply with all the rules and regulations promulgated by the Board as provided for in this chapter. The Board of Cosmetology and Barbering, by regulation, shall establish the minimum equipment necessary for schools registered to instruct any of the occupations regulated by this chapter. Nothing contained in this chapter shall prevent a person from operating a registered beauty salon, barber shop, or nail salon or electrology establishment in the person's home, provided there is full compliance with all applicable health regulations.
(b) No beauty salon, barber shop, nail salon or electrology establishment shall accept an apprentice unless said salon or shop shall have on its staff at least 1 individual licensed in the profession for which instruction is being provided; further, that such salon or shop may register 1 additional apprentice for each additional licensed professional attached to its staff. In addition, such salon or shop shall possess the necessary apparatus and equipment for the proper instruction in all subjects for the practices for which a license is required under this chapter; and shall maintain a daily record of the attendance of such apprentice or apprentices, together with the number of hours of apprenticeship; and shall certify to the Board upon termination of such apprenticeship the credits earned. Such instruction shall consist of the necessary training for a complete course comprising all, or the majority, of the practices of cosmetology, barbering, nail technology and electrology as provided in this chapter; and such course shall include theoretical studies and practical demonstrations in sanitation, sterilization and other safety measures, and the use of antiseptics, cosmetics and electrical appliances, consistent with the practical and theoretical requirements as applicable to cosmetology, barbering, nail technology and electrology as provided for in this chapter.
(c) Any person, firm or corporation teaching any or all of the practices of cosmetology, including barbering, nail technology and electrology, shall be required to comply with all provisions applicable to establishments having apprentices; and any and all rules which may be promulgated by the Board established in accordance with this chapter. No school of cosmetology, barbering, nail technology or electrology or beauty salon, barbershop, nail salon or electrology establishment, shall operate within this State unless a proper certificate of registration under this chapter has first been obtained. The practice of cosmetology and other professions regulated by this chapter shall not be taught or practiced in this State; except in a duly registered establishment except as provided for elsewhere in this chapter.
(d) Nothing contained in this chapter shall affect the instructional program of cosmetology as conducted in the public schools of this State. Any student, who has successfully completed the prescribed course in cosmetology in a state public school, shall be eligible to take the examinations required by this chapter. (69 Del. Laws, c. 178, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 158, § 27.)
§ 5118. Requirements of a school.
(a) Each school of barbering, cosmetology, electrology or nail technology shall employ at least 1 instructor for the first 25 students enrolled, and 1 additional instructor for each additional 25 students enrolled. Each school shall possess apparatus and equipment sufficient for the proper and full teaching of all subjects of its curriculum; shall keep a daily record of the attendance of each student; maintain regular class and instruction hours; establish grades and hold examinations before issuance of diplomas. Each school shall require training for a complete course comprising all, or the majority, of the practices regulated under this chapter, as provided in this chapter, together with the minimum number of hours therein prescribed, and shall include practical demonstrations and theoretical studies, and study in sanitation, sterilization, other safety measures, and the use of antiseptics, cosmetics and electrical appliances, consistent with the practical and theoretical requirements as applicable to any practice for which a license is required under this chapter, as provided in this chapter.
(b) An instructor shall decide when a student of any of the practices for which a license or certification is required under this chapter, is sufficiently competent to perform those services for the public.
(c) Each school for a profession regulated by this chapter shall display, in a conspicuous place within the clinic area of the school, a sign which shall read as follows:
"ALL SERVICES IN THIS SCHOOL PERFORMED BY STUDENTS WHO ARE IN TRAINING."
(d) Each school licensed under this chapter shall afford to its students the full course of instruction required under this chapter, in default of which a proportionate amount of the tuition paid by the student shall be refunded. (69 Del. Laws, c. 178, § 1.)
§ 5119. 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. (73 Del. Laws, c. 158, § 33.)
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