§ 5123 Objectives.
The primary purpose for the licensing of aestheticians is to guarantee to the public that each licensed practitioner has achieved a minimum level of competence as an aesthetician.
§ 5124 Definitions.
For the purpose of this subchapter:
(1) "Aesthetician" is a person who practices the cleansing, stimulating, manipulating and beautifying of skin, with hands or mechanical or electrical apparatus or appliances, removes superfluous hair and gives 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.
(2) "Aesthetics shop" means any place or part thereof wherein aesthetics are performed for compensation, whether or not the establishment holds itself out as an aesthetic shop. This definition shall not apply to places where aesthetics are performed by licensed health care professionals acting within the scope of their licensed profession.
(3) "Apprentice in aesthetics" means any person who is engaged in the learning of any or all the practices of aesthetics 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 certified to perform.
(4) "Board" means the Board of Cosmetology and Barbering.
(5) "School of aesthetics" shall mean any place or part thereof where aesthetics or any of the practices are taught, whether or not such place holds itself out as such.
§ 5125 License requirement; applicability of chapter.
(a) No person shall engage in the practice of aesthetics, act as an instructor of aesthetics, or hold himself or herself out to the public as being qualified to practice aesthetics; or use in connection with the person's name, or otherwise assume or use, any title or description conveying or tending to convey the impression that the person is qualified to practice aesthetics, or act as an instructor of aesthetics, unless such person has been duly licensed under this chapter.
(b) Whenever a license to practice as an aesthetician or act as an instructor of aesthetics has expired or been suspended or revoked, it shall be unlawful for the person to practice aesthetics or act as an instructor of aesthetics.
(c) A person may not seek a license or renewal of license by means of false or fraudulent actions or misrepresentations.
(d) No person, firm, corporation, partnership or other legal entity shall operate, maintain or use premises for the offering or rendering of any 1 or more of the services encompassed in the definition of aesthetics without first having secured a shop license from the Board. Applications for licensure shall be submitted on a form prescribed by the Board, together with the required fees set biennially by the Division of Professional Regulation. All aesthetics shops shall renew their licensure biennially, paying fees set by the Division of Professional Regulation. All aesthetics shops shall fully comply with all the rules and regulations promulgated by the Board as provided for in this chapter.
§ 5126 Exemptions.
Nothing in this subchapter shall prohibit:
(1) A licensed cosmetologist from performing services as an aesthetician;
(2) Persons authorized by the laws of this State to practice medicine and surgery, dentistry, chiropractic or similar professions, including registered nurses, licensed practical nurses, nurses' aides, physical therapists and physical therapy assistants from acting within the scope of their profession or occupation.
§ 5127 Qualifications.
(a) No person shall be licensed under this subchapter unless the person has:
(1) Successfully completed an education equivalent to a tenth grade education. 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 as determined by the Board;
(2) Completed a course of study of not less than 600 hours in the principles pertaining to the practice of aesthetics; or completed 1200 hours in an apprenticeship to a licensed aesthetician, with the total number of hours worked per day not to exceed 10, nor to exceed 40 per week. An apprenticeship must be completed within 2 years;
(3) Passed the national examination required in § 5128 of this title;
(4) Paid the appropriate fee as established by the Division of Professional Regulation;
(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 aesthetics. In determining whether a crime is substantially related to the practice of aesthetics, the Board shall not consider a conviction where more than 10 years have elapsed since the date of conviction, if there have been no other criminal convictions in the intervening time. After a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, or, during the time period between Board meetings, the Board President or his or her designee, may waive this paragraph (a)(6), if it finds all of the following:
a. For waiver of a felony conviction where the crime was committed against a person, more than 3 years have elapsed since the date of the conviction and for all other felonies, more than 2 years have elapsed since the date of conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation or parole at Level III Supervision or higher, or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.
b. For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation or parole at Level III Supervision or higher, or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.
c. The applicant is capable of performing as a licensed aesthetician in a competent and professional manner.
d. The granting of the waiver will not endanger the public health, safety or welfare.
(7) 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 "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.
(8) Shall not have any disciplinary proceedings or unresolved complaints pending against that person in any jurisdiction where the applicant previously has been, or currently is, licensed to practice aesthetics.
(b) As set forth in Board rules and regulations, foreign-trained applicants shall provide evidence satisfactory to the Board of training equivalent to that required in paragraph (a)(2) of this section, in addition to meeting all other requirements of this section.
(c) When a person who feels the Board has refused or rejected an application without justification; has imposed higher or different conditions for the person 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 the Superior Court.
(d) 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.
67 Del. Laws, c. 299, § 1; 69 Del. Laws, c. 178, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 158, § 32; 75 Del. Laws, c. 169, § 6; 75 Del. Laws, c. 436, § 50; 77 Del. Laws, c. 65, § 1; 77 Del. Laws, c. 199, § 38; 78 Del. Laws, c. 44, §§ 74, 75; 79 Del. Laws, c. 170, § 1; 81 Del. Laws, c. 214, § 2.;
§ 5128 Examinations.
(a) Examinations for licensure as an aesthetician 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 or its designee shall administer the examination for licensure. Grading will be performed by the contracted testing service.
§ 5129 Display of certificate.
Each individual licensed under this subchapter shall prominently display the license issued by the Board in a conspicuous part of the office wherein the practice of aesthetics is conducted. In addition, each main or branch office shall have prominently displayed a name and telephone number, of the Division of Professional Regulation, which individuals may contact concerning the services of the licensed aesthetician.
§ 5130 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 on its behalf, shall compute, for each separate service or activity, the appropriate fees for the coming licensure biennium.
§ 5131 Reciprocity.
(a) 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 or jurisdictions in the field for which the individual is seeking a license in Delaware for a period of 3 out of the last 5 years immediately preceding application in this State. All applicants shall submit evidence verified by oath that, all states in which the applicant is or was licensed, the applicant's license is in good standing as defined in § 5127(a)(5), (6), (7) and (8) of this title.
(b) An applicant who took the applicable written examination in a language other than the English language shall demonstrate the ability to communicate in the English language as determined by board rules and regulations.
§ 5132 Operation of aesthetics schools.
(a) Any school which holds a current license to conduct a school for the purpose of teaching cosmetology and/or its branches, may apply for approval by the Board to teach a course pertaining to the principles of aesthetics. Every school shall at all times be in the charge, and under the immediate supervision, of an aesthetics instructor.
(b) All other schools shall be separately licensed and pay the prescribed fee.
(c) All aesthetics schools shall comply with the requirements of the Delaware Department of Education.
(d) All aesthetic schools must maintain compliance with § 5119 of this title, pertaining to cosmetology and barbering schools. All aesthetic schools must become accredited within 5 years of June 26, 2010, as provided in § 5119(h) of this title.
§ 5133 Equipment.
Every school shall have, and shall maintain in good working condition, appropriate and sufficient equipment for its entire student body.
§ 5134 Instructors.
(a) Aesthetic instructors shall have successfully completed an education equivalent to a twelfth grade education. 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 as determined by the Board. In addition, the applicant shall be licensed pursuant to this chapter and shall have completed a teacher training course, consisting of a minimum of 500 hours of instruction in a registered school of aesthetics, or at least 2 years' experience as an active licensed, practicing aesthetician, supplemented by at least 250 hours of instruction in a teacher training course. In addition, an aesthetics instructor shall have successfully passed an instructor examination designated by the Board in its rules and regulations. A licensed aesthetician who has been teaching aesthetics prior to enactment of this statute, and who provides the Board with proof, to the Board's satisfaction, of not less than 900 hours of teaching experience at a registered school of aesthetics, shall be exempted from this provision.
(b) As set forth in Board rules and regulations, foreign-trained applicants shall provide evidence satisfactory to the Board of training equivalent to that required in subsection (a) of this section, in addition to meeting all other requirements of this subchapter.
§ 5135 Course of study.
Each school of aesthetics shall maintain a course of study of not less than 600 hours, extending over a period of a maximum of 160 hours a month. Every school shall maintain regular class hours with a daily schedule.