Delaware General Assembly

CHAPTER 102

FORMERLY

SENATE BILL NO. 181

AS AMENDED BY SENATE AMENDMENTS NOS. 1, 2, & 3

AND HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 6, TITLE 24 OF THE DELAWARE CODE RELATING TO COSMETOLOGISTS AND THE STATE BOARD OF COSMETOLOGY.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend §601, Chapter 6, Title 24 of the Delaware Code by adding thereto the following subsections:

"(13) `Electrologist' shall mean any person who engages in the removal of superfluous hair by use of specially-designed electric needles;

(14) `Shampooist' shall mean any person who engages only in the practice of shampooing, under the direction of a cosmetologist."

Section 2. Amend §602, Chapter 6, Title 24 of the Delaware Code by striking the last two sentences of said section, and substituting in lieu thereof the following:

"The necessary and legitimate expenses, including salaries not to exceed fifty dollars ($50.00) per meeting or five hundred dollars ($500.00) maximum per member each year, shall be paid by the State Treasurer out of funds appropriated for the purpose thereof."

Section 3. Amend §605, Chapter 6, Title 24 of the Delaware Code by striking the words "original licensing" as the same appear in subsection (a), subsection (b), subsection (c), subsection (d) and subsection (g) of said section.

Delaware Code by striking the words "be a licensed cosmetologist" as the same appear at the end of subsection (d), and substituting the words "have at least one year of experience as a licensed cosmetologist" in lieu thereof.

Section 5. Amend §605, Chapter 6, Title 24 of the Delaware Code by striking the words "the original fee as provided for in this Chapter" as the same appears in subsection (e), and substituting the words "ten dollars ($10.00)" in lieu thereof.

Section 6. Amend §605, Chapter 6, Title 24 of the Delaware Code by striking the words "without fee" as the same appear in subsection (f), and substituting the words "upon the payment of ten dollars ($10.00)" in lieu thereof.

Section 7. Amend §605, Chapter 6, Title 24 of the Delaware Code by striking the words "as such without fee" as the same appear in subsection (h), and substituting the words "upon the payment of ten dollars ($10.00)" in lieu thereof.

Section 8. Amend §605, Chapter 6, Title 24 of the Delaware Code by adding thereto the following new subsections:

"(i) Electrologist -- Except as otherwise provided for in this Chapter, no person may be licensed as an electrologist under the provisions of this Chapter, unless such person shall pay the fee as hereinafter provided for and have an education equivalent to the completion of the eighth grade, shall have passed the appropriate examination, and completed the required time and studies as follows:

(1) completion of a course of electrolysis, consisting of all or the majority of practical theory in a school of electrology, of at least three hundred hours of continuous training, not to exceed more than eight hours in an any one day; or

(2) as an apprentice in a place of business for training of not less than six hundred hours over a minimum period of six months of continuous training not to exceed more than eight hours in any one day; or, in either event (3) for any one or a combination of practices as license is applied for a proportionate number of hours as determined by the Board and of such subjects as are necessarily related thereto, and as uniformly determined by the Board.

(j) Shampooist -- Except as otherwise provided for in this Chapter, no shampooist may be licensed as such unless such person shall pay the fee as provided for in this Chapter."

Section 9. Amend §606, Chapter 6, Title 24 of the Delaware Code by striking the first two sentences of subsection (a), and substituting in lieu thereof the following:

"It shall be competent for any person, firm, corporation or association to apply to the Board for a certificate of registration as a registered beauty salon or school of cosmetology, within the meaning of this Chapter, said application to be upon a form prescribed by the Board together with suitable plans and specifications as well as the required fees set by the Board from time to time. Renewals with fees set by the Board shall be required biennially. Any beauty salon or school of cosmetology shall fully comply with all the rules and regulations promulgated by the Board as provided for in this Chapter."

Section 10. Amend §606, Chapter 6, Title 24 of the Delaware Code by striking the words "in subsection (e) of section 601 of this Chapter" as the same appear at the end of said subsection, and substituting the words "elsewhere in this Chapter" in lieu thereof.

Section 12. Amend §607, Chapter 6, Title 24 of the Delaware Code by striking the figure "20" as the same appears in subsection (0, and substituting the figure "25" in lieu thereof.

Section 13. Amend §608, Chapter 6, Title 24 of the Delaware Code by striking said section in its entirety, and substituting in lieu thereof the following:

"§608. Application for Examination

Each person who desires to practice any of the practices designated within the meaning of this Chapter shall file with the office of the said Board a written application for a certificate to practice, or for an examination and license to practice as the case may be and as provided in this Chapter, said application to be accompanied by a health certificate issued by a regularly-licensed physician, on a form prescribed and supplied by the Board. Such applicant shall, under oath, submit photographs, satisfactory proof of the required age and educational qualifications, shall be of good moral character, and shall pay the required fee as may be prescribed by the Board from time to time. Fees shall not be returned, but on failure to pass an examination the person may retake the same examination within one year without the payment of an additional fee."

Section 14. Amend §611, Chapter 6, Title 24 of the Delaware Code by striking the first sentence of said section, and substituting in lieu thereof the following:

"If an applicant for examination to practice cosmetology passes such examination to the satisfaction of said Board, and has paid the required fees and otherwise complies with the requirements provided in this Chapter, or is an applicant who has not yet passed t he examination but otherwise qualifies for registration and has paid the required fee as provided in this Chapter, the Board shall issue a certificate or license, as the case may be, to that effect."

Section 15. Amend §612, Chapter 6, Title 24 of the Delaware Code by striking said section in its entirety, and substituting in lieu thereof the following:

"§612. Fees

All persons who are qualified to practice cosmetology shall be entitled to receive a renewal to the following biennial following biennial schedule. Persons who do not pay the fee by the due date shall be assessed an additional five dollars

Section 16. Amend §614, Chapter 6 Title 24 of the Delaware Code by striking the words "section 612 of this Chapter" as the same appear therein, and substituting the words "section 608 of this Chapter" in lieu thereof.

Section 17. Amend §614, Chapter 6, Title 24 of the Delaware Code by striking the words "for a period not to exceed 10 days from the date specified thereon shall be issued by the Board, without charge" and substituting the words "shall be issued by the Board" in lieu thereof.

Section 18. Amend §615, Chapter 6, Title 24 of the Delaware Code by striking said section in its entirety.

Section 19. Amend §619, Chapter 6, Title 24 of the Delaware Code by striking the words "section 612 of" as the same appear in the first sentence of said section.

Section 20. Amend §619, Chapter 6, Title 24 of the Delaware Code by striking the third sentence of said section, and substituting in lieu thereof the following:

"Such temporary license shall in no event remain in force beyond the date that the results of the examination are announced."

Section 21. Amend §622, Chapter 6, Title 24 of the Delaware Code by striking said section in its entirety, and substituting in lieu thereof the following:

"§622. Renewal of Certificates

As provided in this Chapter, the holder of a certificate or license issued by the Board as provided in this Chapter, who continues in active practice of said occupation within the meaning of this Chapter, shall renew his or her certificate or license and pay the renewal fee, as provided in §612 of this Chapter. The holder of an expired certificate or license may have such certificate or license restored upon the payment of the required renewal fee and satisfactory proof of his or her qualifications to assume such practice. The restoration fee shall be as follows: the sum of the accumulated annual renewal fees for such classification as provided for in §612 of this Chapter for the lapsed period, plus the fee for the current renewal."

Section 22. Amend §623, Chapter 6, Title 24 of the Delaware Code by striking said section in its entirety.

Section 23. Amend §601, Chapter 6, Title 24 of the Delaware Code by adding the following sentence to subsection (1) of said section:

"Cosmetology' includes the practice of electrolysis."

Section 24. Amend §601, Chapter 6, Title 24 of the Delaware Code by striking subsection (7) in its entirety, and substituting in lieu thereof the following:

"(7) 'Instructor' shall mean any person who is a cosmetologist and/or electrologist who teaches cosmetology or electrology, or any practices thereof, in a duly registered school of cosmetology or school of electrology."

Section 25. Amend §601, Chapter 6, Title 24 of the Delaware Code by striking subsection (8) of said section in its entirety, and substituting in lieu thereof the following:

electrologist who is receiving instruction in teacher's training in a duly registered school of cosmetology or school of electrology."

Section 26. Amend §601, Chapter 6, Title 24 of the Delaware Code by striking subsection (10) of said section in its entirety, and substituting in lieu thereof the following:

"(10) 'School of cosmetology' or 'school of electrology' shall mean any place or part thereof, wherein or whereupon cosmetology or electrology, or any of the practices of either are taught, whether such place or establishment is known or designated as a cosmetician or cosmetological establishment, beauty culture school, school of electrology, or by any other name or designation, indicating that cosmetology or electrology is taught therein to students."

Section 27. Amend §601, Chapter 6, Title 24 of the Delaware Code by striking subsection (11) in its entirety, and substituting in lieu thereof the following:

"(11) 'Place of cosmetology' or 'place of electrology' shall mean such place wherein or whereupon cosmetology or electrology is practiced on the members of the general public for compensation; provided, however, that any appropriate name mentioned in this Chapter may be used for either such beauty salon, place of cosmetology, or place of electrology respectively, but such name shall be displayed upon or over the entrance door or doors of such place designating it as a beauty salon, school of cosmetology, or such other place as it may be within the meaning of this Chapter. Either of such establishments shall be entirely distinct and permanently separated from any living quarters."

Section 28. Amend §605(b), Chapter 6, Title 24 of the Delaware Code by adding, immediately following the words "125 hours in a school of cosmetology", the following:

"or 250 hours is an apprentice in a beauty salon. "

Delaware Code by adding thereto a new subsection, designated as subsection (k), which new subsection shall read as follows:

" (k) Instructor of Electrology -- To be certified by the Board as an instructor of electrology, the applicant shall meet the following standards:

(1) shall have completed the eighth grade or its equivalent;

(2) shall have completed an advanced course in electrology consisting of a minimum of one hundred hours of training;

(3) shall have satisfactorily completed an examination in electrology given by the Delaware Board of Cosmetology;

(4) shall have been engaged in the active and full-time practice of electrology for the period of the twelve months immediately preceding the filing of an application to become licensed as an instructor in electrology."

Amend Section 605 (2), Chapter 6, Title 24 of the Delaware Code by inserting between the words "school of cosmetology^— and "and" the following:

"or 250 hours as an apprentice in a beauty salon."

Section 30. Amend §602, Title 24, Delaware Code by

striking the second word "must"as the same appears in the third sentence thereof and substituting in lieu thereof the word "may ".