May 20, 2008, Introduced by Rep. David Law and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 1201, 1203, 1203b, 1204, and 1217 (MCL
339.1201, 339.1203, 339.1203b, 339.1204, and 339.1217), sections
1201 and 1217 as amended and section 1203b as added by 1997 PA 97
and section 1204 as amended by 2003 PA 57.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1201. As used in this article:
(a) "Apprentice" means an individual engaged in learning
cosmetology in a cosmetology establishment.
(b) "Braiding" means providing or offering to the general
public for compensation any of the following services solely for
development or improvement of physical qualities of the natural
hair structure:
(i) Intertwining in a systematic motion to create patterns in a
3-dimensional form.
(ii) Inversion or outversion flat against the scalp along the
part of a straight or curved row.
(iii) Twisting in a systematic motion.
(iv) Extension with natural or synthetic fibers.
(c) "Cosmetologist" means an individual who renders or offers
to render cosmetology services.
(d) "Cosmetology" means 1 of the following services or a
combination of the following services:
(i) Hair care services.
(ii) Skin care services.
(iii) Manicuring services.
(iv) Electrology.
(e) "Cosmetology establishment" means the premises on which
cosmetology or 1 or more of its services are rendered or are
offered to be rendered. The location in which cosmetology services
are being conducted by the holder of a permit is considered
temporarily to be the premises on which mobile services are
rendered for purposes of the rules promulgated under section 1203.
Cosmetology establishment does not include a school of cosmetology.
(f) "Electrologist" means an individual who renders or offers
to render electrology.
(g) "Electrology" means the permanent removal of hair from the
body of an individual by the use of electricity.
(h) "Esthetician" means an individual who renders or offers to
render skin care services.
(i) "Hair care services" means arranging, cutting, dressing,
curling, waving, cleansing, singeing, bleaching, coloring, tinting,
trimming, styling, relaxing, perming, straightening, or similar
work upon the hair of the head or a wig that an individual is
wearing.
(j) "Instructor" means an individual who teaches or offers to
teach 1 or more cosmetology services in a school of cosmetology.
(k) "Manicuring services" means the cleansing, filing,
shaping, buffing, polishing, or beautifying of the nails of the
hands or feet, and the cleansing, massaging, stimulating,
exercising, or beautifying of the skin of the hands, arms, and
feet, manually or with the use of tools, appliances, or cosmetic
preparations, including the repair of nails, or the creation or
decoration of artificial nails. Manicuring services do not include
the practice of podiatric medicine and surgery as defined in
section 18001 of the public health code, 1978 PA 368, MCL
333.18001.
(l) "Manicurist" means an individual who renders or offers to
render manicuring services.
(m) "Mobile services" means the following cosmetology
services:
(i) The cutting, perming, or coloring of hair.
(ii) Manicuring services.
(iii) The waxing, beautifying of the face by the use of cosmetic
preparations and application of removable makeup, and giving of
basic facials.
(n) (m)
"Natural hair cultivation"
means techniques that
result in tension on hair strands such as twisting, wrapping,
weaving, extending, locking, or braiding of the hair by hand, which
work does not include the application of dyes, reactive chemicals,
or other preparations to alter the color or to straighten, curl, or
alter the structure of the hair.
(o) (n)
"Natural hair culturist"
means a person engaged in
natural hair cultivation but does not include a person engaged in
natural hair cultivation if that activity is performed as part of
the practice of a recognized religion.
(p) "Permit" means a permit issued under section 1204 for the
provision of mobile services.
(q) (o)
"Owner" means a person
who owns and conducts a
cosmetology establishment or a school of cosmetology.
(r) (p)
"School of cosmetology"
means the premises where
cosmetology or 1 or more of its services are taught.
(s) (q)
"Skin care services"
includes the following services
or combination of services:
(i) Beautifying the skin of the body of an individual by the
use of cosmetic preparations, antiseptics, tonics, lotions, or
creams, including body wrapping.
(ii) Cleansing or stimulating the skin of the body by the use
of the hands, devices, apparatus, or appliances, with or without
the use of cosmetic preparations, antiseptics, tonics, lotions, or
creams.
(iii) The temporary removal of hair from the body of an
individual by the use of depilatories, waxes, razors, scissors,
clippers, or tweezers.
(iv) Giving facials, applying removable makeup, applying
eyelashes, or any other application of a preparation or beauty
enhancement to the body of an individual but does not include
applying permanent makeup or the use of tanning equipment.
(t) (r)
"Student" means an
individual engaged in learning
cosmetology or 1 or more of its services in a school of
cosmetology.
Sec.
1203. (1) The director
of the department, and
in
consultation
with the board,
shall promulgate sanitary rules they
he
or she considers consider necessary, with particular reference
to the precautions necessary to be employed to prevent the
spreading of an infectious or contagious disease, and shall arrange
an
inspection as they consider considered
necessary to safeguard
the public health.
(2) Not later than 18 months after the effective date of the
amendatory act that added this subsection, the director of the
department, in consultation with the board, shall promulgate rules
to provide for the sanitary standards and other standards he or she
considers necessary to protect the public health in the
implementation of the permits for mobile services.
Sec. 1203b. (1) A person shall not conduct or operate a
cosmetology establishment or school of cosmetology without a school
or establishment license issued under this article.
(2) Beginning the effective date of the rules promulgated
under section 1203, the holder of a cosmetology establishment
license may apply to the department for the issuance of a permit
allowing the provision of mobile services at a location outside of
the licensed cosmetology establishment. The rendering of the mobile
services shall be in the manner provided for in the rules
promulgated under section 1203.
Sec. 1204. (1) The department shall issue a license to a
person for the operation of a cosmetology establishment if all of
the following requirements are met:
(a) An application is submitted by the owners or managers of
the establishment.
(b) The application includes a drawing or diagram indicating
the premises to be licensed and the location of required equipment
and facilities.
(c) The premises has satisfactorily passed an inspection
conducted by the department for the purpose of determining whether
the establishment has met sanitation and equipment standards
prescribed in rules promulgated by the director.
(d) Except as provided in subsection (3), the cosmetology
establishment shall be under the daily attendance and supervision
of a licensed cosmetologist who is not less than 18 years of age
and has had not less than 1 year's practical experience in
cosmetology.
(2) A cosmetology establishment shall be completely separated
by full partitions and doors from a dwelling or a school of
cosmetology.
(3) The department may issue a limited cosmetology
establishment license to a person who seeks to perform only 1 or
more services of cosmetology on the premises. If the establishment
license is limited to only manicuring services or skin care
services, the supervising licensee may be an individual licensed
only in that service. A licensed cosmetologist working in a limited
licensed cosmetology establishment shall not perform cosmetology
services for which the premises are not licensed. If the
cosmetology establishment license is limited to electrology, the
supervising licensee shall be a licensed electrologist. A licensed
cosmetologist shall not supervise a cosmetology establishment whose
cosmetology license is limited to rendering electrology unless the
cosmetologist is licensed as an electrologist.
(4) The department may grant a temporary establishment license
to a person who has fulfilled all licensure requirements except for
the completion of the inspection.
(5) The department may issue a mobile services permit to the
holder of a cosmetology establishment license upon submission of a
completed application to the department and payment of a mobile
services permit fee of $75.00. A permit is considered a license for
purposes of articles 5 and 6, and a violation of this act and the
rules regarding permits is considered a violation against both the
cosmetologist and the cosmetology establishment.
(6) (5)
The transfer of ownership or
location of a cosmetology
establishment voids the license. The filing of a new license
application is a predicate to the change in ownership or location
of an establishment.
(7) (6)
The license of the establishment
and of each
individual working in the establishment shall be displayed in a
prominent place which is visible to the public at all times. The
license of an individual working in the establishment may be posted
at the individual's work station.
Sec. 1217. A licensee who commits or has committed 1 or more
of the following is subject to the penalties set forth in article
6:
(a) Continued practice by a person knowingly having an
infectious or contagious disease.
(b) Practicing cosmetology on the public outside of a licensed
cosmetology establishment or school of cosmetology unless the
practice is conducted pursuant to a valid mobile services permit.
However, a licensed cosmetologist may serve a patron in premises
not licensed as a cosmetology establishment provided that the
services rendered involve a special event in which the cosmetology
service is required to be performed for an on-site participant of
the event.
(c) Contracting with, being employed by, or being provided
space or leasing space from a hospital, nursing home, convalescent
home, or similar facility for the purpose of practicing
cosmetology, without a cosmetology establishment license. However,
a licensed cosmetologist may practice on a patient in a hospital,
nursing home, convalescent home, or similar facility, or on a
person requiring home care because of an illness or infirmity.