§ 5131. | § 5132. | § 5133. | § 5134. | § 5135. | § 5136. | § 5137. | § 5138. | § 5139. | § 5140. | § 5141. | § 5142. | § 5143. | § 5144.
The primary purpose for the certification of aestheticians is to guarantee to the public that each certified practitioner has achieved a minimum level of competence as an aesthetician. (69 Del. Laws, c. 178, § 1; 73 Del. Laws, c. 158, § 32.)
For the purpose of this subchapter:
(1) "Apprentice in aesthetics" means any person who is engaged in the learning of any or all the practices of aesthetics from a practitioner certified in the profession the apprentice is studying. The apprentice may perform or assist the certified practitioner in any of the functions which the practitioner is certified to perform.
(2) "Board" means the Board of Cosmetology and Barbering.
(3) "Certified aesthetician" is a person who is certified under this subchapter 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.
(4) "School" means an institution privately owned and conducted for the purpose of teaching aesthetics. (69 Del. Laws, c. 178, § 1; 73 Del. Laws, c. 158, § 32.)
(a) No person may use the title "certified aesthetician" unless certified under this chapter.
(b) A person may not seek a certification or renewal of certification by means of false or fraudulent actions or misrepresentations. (67 Del. Laws, c. 299, § 1; 69 Del. Laws, c. 178, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 158, § 32.)
Nothing in this subchapter shall prohibit:
(1) A licensed cosmetologist from performing services as an aesthetician;
(2) A licensed dermatologist from performing services as a dermatologist. (67 Del. Laws, c. 299, § 1; 69 Del. Laws, c. 178, § 1; 73 Del. Laws, c. 158, § 32.)
The Board shall maintain a register of all certified aestheticians. This register shall be available for public inspection. The certification to practice as a certified aesthetician in this State shall be renewed by the certified aesthetician every 2 years, and shall be renewed upon payment of the renewal fee. The Board shall provide forms for application for certification and for the renewal of certification. The Board shall notify each registrant of the expiration date of the certificate, and the amount of the fee that shall be required at least 1 month prior to the expiration thereof. It shall be the responsibility of the certified aesthetician to notify the Board of any change of address and to renew the certification before its expiration. A late fee shall be established by the Division and the aesthetician shall pay the late fee before the certificate is renewed. A certified aesthetician who has allowed that certified aesthetician's certification to lapse for less than 2 years may renew that certified aesthetician's lapsed certification upon submission of a renewal form provided by the Division and payment of a late fee.
A certified aesthetician who has allowed that certified aesthetician's certification to lapse for less than 2 years may renew that certified aesthetician's lapsed certification upon submission of a renewal form provided by the Division and payment of a late fee. A certified aesthetician who has allowed that certified aesthetician's certification to lapse for longer than 2 years shall complete 1 of the following:
(1) Retake the written examination for certification as an aesthetician;
(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. (67 Del. Laws, c. 299, § 1; 69 Del. Laws, c. 178, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 158, §§ 28, 29, 32, 34.)
No person shall be certified under this subchapter unless the person has:
(1) Completed a course of study of not less than 300 hours in the principles pertaining to the practice of aesthetics; or
(2) Completed 600 hours in an apprenticeship to a certified aesthetician, with the total number of hours worked per day not to exceed 10, nor to exceed 40 per week, unless a written agreement to exceed these limits is signed by the certified aesthetician and the apprentice.
(3) Passed the national examination required in § 5137 of this title.
(4) Paid the appropriate fee as established by the Division of Professional Regulation.
(5) Shall not have a criminal conviction record nor pending criminal charge relating to an offense the circumstances of which substantially relate to actions as a certified aesthetician. Applicants who have criminal conviction records or pending criminal charges shall request appropriate authorities to provide information about the conviction or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the conviction or charge is substantially related to actions as a certified aesthetician. However, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (5) 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 performing as a certified aesthetician in a competent and professional manner.
c. The granting of the waiver will not endanger the public health, safety or welfare. (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.)
(a) Examinations for certification as 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 certification. Grading will be performed by the contracted testing service. (67 Del. Laws, c. 299, § 1; 69 Del. Laws, c. 178, § 1; 73 Del. Laws, c. 158, § 32.)
(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.
(b) Where a person, not currently certified as a certified aesthetician, is convicted of unlawfully using the title "certified aesthetician" in violation of this subchapter, such offender shall, upon the first offense, be fined $50 and pay all costs.
(c) Where a person previously convicted of unlawfully practicing aesthetics is convicted of a second or subsequent time of such offense, the fine assessed against such person shall be increased by $250 for each subsequent offense thereafter. (67 Del. Laws, c. 299, § 1; 69 Del. Laws, c. 178, § 1; 73 Del. Laws, c. 158, §§ 30, 32.)
§ 5139. Display of certificate.
Each individual certified under this subchapter shall prominently display the certificate 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 where individuals may call concerning the services of the certified aesthetician. (67 Del. Laws, c. 299, § 1; 69 Del. Laws, c. 178, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 158, § 32.)
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. (67 Del. Laws, c. 299, § 1; 69 Del. Laws, c. 178, § 1; 73 Del. Laws, c. 158, §§ 31, 32.)
§ 5141. Operation of aesthetic 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.
(b) All other schools shall be separately certified and pay the prescribed fee. No school will be granted a certificate unless it has the following:
(1) A clinic room of no less than 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 400 square feet, with armchairs or desks and chairs for a minimum of 25 students. The lecture room must be available for at least 1 period per day for exclusive use for instruction in aesthetics. (67 Del. Laws, c. 299, § 1; 69 Del. Laws, c. 178, § 1; 73 Del. Laws, c. 158, § 32.)
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 shall be established by regulation by the Board of Cosmetology and Barbering. (67 Del. Laws, c. 299, § 1; 69 Del. Laws, c. 178, § 1; 73 Del. Laws, c. 158, § 32.)
Every school shall at all times be in the charge, and under the immediate supervision, of an instructor. Instructors shall be competent to teach the principles of aesthetics by having completed an advanced course in aesthetics consisting of a minimum of 600 hours. (67 Del. Laws, c. 299, § 1; 69 Del. Laws, c. 178, § 1; 73 Del. Laws, c. 158, § 32.)
Each school of aesthetics shall maintain a course of study of not less than 300 hours, extending over a period of a maximum of 160 hours a month. Every school shall maintain regular class hours with a daily schedule. (67 Del. Laws, c. 299, § 1; 69 Del. Laws, c. 178, § 1; 73 Del. Laws, c. 158, § 32.)
NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts up to and including 76 Del. Laws, c. 416, effective July 31, 2008.
DISCLAIMER: Please Note: With respect to the Delaware Code documents available from this site or server, neither the State of Delaware nor any of its employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately-owned rights. This information is provided for informational purposes only. Please seek legal counsel for help on interpretation of individual statutes.