GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 237

Short Title:  Manicurists Licensing Changes.	(Public)

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Sponsors: Senator Perdue.

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Referred to:  Rules and Operations of the Senate.

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February 25, 1997

A BILL TO BE ENTITLED
AN ACT TO REQUIRE ALL PERSONS RENDERING MANICURING SERVICES FOR COMPENSATION TO BE REGULATED BY THE STATE BOARD OF COSMETIC ART AND TO PAY A FEE FOR THESE PROCEDURES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 88-8 reads as rewritten:
"§ 88-8.  Manicuring; Manicurist; Manicuring Shop.
'Manicuring' means trimming, filing, shaping, applying, sculpting, coloring, or decorating either natural or artificial fingernails or toenails.  'Manicurist' means any person who practices manicuring for compensation.  'Manicuring shop' means any building, or part of a building, where a manicurist practices manicuring."
Section 2.  G.S. 88-17 reads as rewritten:
"§ 88-17.  Regular and special meetings of Board; examinations.
The Board of Cosmetic Art Examiners shall meet four times a year in the months of January, April, July and October on the first Tuesday in each of said months, for the purpose of transacting all business of the Board of Cosmetic Art Examiners and to conduct examinations of applicants for licensure to teach cosmetic art, of applicants for certificates of registration to practice as registered cosmetologists, of applicants for certificates of registration to practice as registered manicurists, and of applicants for certificates of registration to practice as registered apprentices, meetings to be held at such places as the Board may determine to be most convenient for such examinations; provided, however, that examinations are conducted at no less than three locations other than Raleigh, scattered geographically throughout the State of North Carolina. The locations for examinations conducted outside of Raleigh shall be in publicly supported two-year post-secondary educational institutions with appropriate facilities.  The Board shall, if requested by an institution, reimburse the institution for the use of its facilities in administering examinations. The examinations conducted for applicants for certificates of registration as registered cosmetologists, registered manicurists, and registered apprentices shall be open to all applicants, include such practical demonstration and oral and written tests as the Board may determine, and be administered by teachers or instructors, other than Board members, qualified and approved by the Board.  The Board shall, upon request, reimburse a teacher or instructor who administers an examination. The chairman of the Board is hereby authorized and empowered to call a meeting of said Board whenever necessary, said meetings to be in addition to the quarterly meetings hereinbefore provided for.  No payment for per diem or travel expenses shall be authorized or paid for Board meetings other than those called by the chairman of the Board.  No payment for expenses incurred in the administration of examinations of applicants for certificates of registration as registered cosmetologists, registered manicurists, or registered apprentices at post-secondary educational institutions shall be authorized other than the cost of examination materials, rental of the examination facility, grading of the examination, and reimbursement of teachers or instructors who administer the examinations."
Section 3.  G.S. 88-22 reads as rewritten:
"§ 88-22.  Persons exempt.
(a)	The following persons are exempt from the provisions of this Chapter while engaged in the proper discharge of their professional duties:
(1)	Persons authorized under the laws of the State to practice medicine and surgery.
(2)	Commissioned medical or surgical officers of the United States army, navy, or marine hospital services.
(3)	Registered nurses.
(4)	Undertakers.
(5)	Registered barbers.
(b)	Manicurists as defined in G.S. 88-8 are exempt from the provisions of G.S. 88-1 and G.S. 88-16(4)."
Section 4.  G.S. 88-23 reads as rewritten:
"§ 88-23.  Rules and regulations of Board; inspections; granting of certificates to Board members; employment of former Board members.
(a)	(1)	The State Board of Cosmetic Art Examiners may adopt a reasonable curriculum and rules for recognized schools and colleges of beauty culture and may adopt reasonable rules for the sanitary management of cosmetic art shops, beauty parlors, hairdressing establishments, manicuring shops, cosmetic art schools, colleges, academies and training schools, hereinafter called shops and schools, and to have the curriculum and rules and the sanitary rules enforced.  The Board may not require a shop to be separated from a building or room used for the purpose of providing barber services.  The duly authorized agents of the Board shall have authority to enter upon and inspect any shop or school at any time during business hours.  A copy of the curriculum and rules and the sanitary rules shall be furnished from the office of the Board or by an agent of the Board to the owner or manager of each shop or school.  The copy shall be kept posted in a conspicuous place in each shop and school, and a copy of the curriculum and rules for schools shall be kept posted in a conspicuous place in each school.  Each shop and school shall comply with the rules.
(2)	The Board shall adopt regulations prohibiting the use of commercial chemicals of unknown content by persons registered under this Chapter.  For purposes of this section, 'commercial chemicals' are those products sold only through beauty and barber supply houses and not available to the general public.
(3)	The Board shall adopt regulations instructing persons registered under this Chapter in the proper use and application of commercial chemicals where no manufacturer's instructions are included.  In the alternative, the Board shall prohibit the use of such commercial chemicals by persons registered under this Chapter.
(b)	The Board of Cosmetic Art shall not hereafter be authorized to grant teacher's or instructor's certificates to board members during their term of appointment on said Board.  Teacher's or instructor's certificates granted to members by official action of the Board, without prior examination, shall be rescinded upon such member's termination from the Board of Cosmetic Art.
Any person appointed to the Board shall be prohibited from being employed by the Board for a period of one year after that person's term of appointment expires, whether or not that person served his whole term."
Section 5.  G.S. 88-21 reads as rewritten:
"§ 88-21.  Fees required.
(a)	The following fees shall be paid to the Board:
(1)	The fee to be paid by an applicant for a certificate of registration to practice cosmetic art as an apprentice is five dollars ($5.00).
(1.1)	The fee to be paid by an applicant for a certificate of registration to practice manicuring is five dollars ($5.00).
(2)	The fee to be paid by an applicant for an examination to determine the applicant's fitness to receive a certificate of registration as a registered cosmetologist is twenty dollars ($20.00).
(3)	The fee to be paid by an applicant for an examination to determine the applicant's fitness to receive a certificate of registration as a registered manicurist is fifteen dollars ($15.00).
(4)	The license fee for a registered cosmetologist shall be in an amount determined by the Board but not to exceed thirty-nine dollars ($39.00) for three years, payable in advance.
(5)	The fee for renewal of the license of a registered cosmetologist shall be in an amount determined by the Board but not to exceed thirty-nine dollars ($39.00) for three years, payable in advance, if the license is renewed before it becomes delinquent.  The licenses of all registered cosmetologists are due for renewal in October 1986, and every three years thereafter.
(6)	A delinquency penalty of ten dollars ($10.00) shall be paid, in addition to the renewal fee, for the renewal of a registered cosmetologist's license that has become delinquent.
(7)	The annual fee for a registered apprentice cosmetologist and a registered manicurist, which shall be due on or before October 1, is ten dollars ($10.00).
(8)	All cosmetic art shops shall pay an annual fee of three dollars ($3.00) for each active booth, on or before February 1 of each year.
(9)	A delinquency penalty of ten dollars ($10.00) shall be paid by each cosmetic art shop that does not pay the required fees by the February 1 deadline.
(10)	The fee for reissuance of an expired permit of a cosmetic art shop is twenty-five dollars ($25.00).
(11)	All cosmetic art schools shall pay a fee of fifty dollars ($50.00) annually.
(12)	Applicants for licensing under G.S. 88-19 shall pay an application fee of fifteen dollars ($15.00).
(13)	Registered cosmetologists licensed under G.S. 88-19 shall pay an annual license fee of one-third the amount set under subdivision (4) of this subsection, rounded up to the nearest whole dollar, until the year in which all other registered cosmetologist licenses are due for renewal and then shall pay the fees required in subdivision (5) above.
(14)	A delinquency penalty of three dollars ($3.00) shall be paid by all registered cosmetologists licensed under G.S. 88-19, paying on an annual basis if they do not renew their license before October 1 of that year.
(15)	Apprentice cosmetologists, licensed under G.S. 88-19, shall pay an annual license fee of ten dollars ($10.00) for the first year, or part of the year, in addition to the application fee required by subdivision (12) above.
(16)	All cosmetic art teachers shall be licensed by the Board and shall pay a fee of ten dollars ($10.00) for that license which shall be renewed every two years.
(17)	The fee to be paid by an applicant for an examination to determine the applicant's fitness to receive a license to teach cosmetic art is twenty-five dollars ($25.00).
(b)	The Board shall not increase a fee above the amount set or authorized in subsection (a) of this section, but the Board may regulate the payment of the fees and may prorate the fees as appropriate."
Section 6.  G.S. 88-28 reads as rewritten:
"§ 88-28.  Acts made misdemeanors.
Each of the following constitutes a Class 3 misdemeanor:
(1)	The violation of any of the provisions of (2)Permitting any person in one's employ, supervision, or control to practice as an apprentice unless that person has a certificate of registration as a registered apprentice.
(3)	Permitting any person in one's employ, supervision, or control, to practice as a cosmetologist unless that person has a certificate as a registered cosmetologist.
(3a)	Employing or permitting any person in one's employ, supervision, or control, to engage in the practice of cosmetic art under an invalid temporary employment permit.
(4)	Obtaining, or attempting to obtain, a certificate of registration for money other than the required fee or any other thing of value, or by fraudulent misrepresentations.
(5)	Practicing or attempting to practice by fraudulent misrepresentations.
(6)	The willful failure to display a certificate of registration as required by G.S. 88-24.
(7)	The willful violation of the reasonable rules and regulations adopted by the State Board of Cosmetic Art Examiners."
Section 7.  G.S. 88-30 reads as rewritten:
"§ 88-30.  Registered manicurist.
(a)	A person shall be a registered manicurist to practice manicuring for compensation and that person may be a registered manicurist without being a registered cosmetologist.  A certificate of registration as a registered manicurist shall be issued by the Board of Cosmetic Art Examiners to any person who meets the following qualifications:
(1)	Who has completed 150 hours in classes in a cosmetic art school or college approved by the Board;
(2)	Repealed by Session Laws 1981, c. 615, s. 19.
(3)	Repealed by Session Laws 1973, c. 450, s. 4.
(4)	Who has passed a satisfactory examination, conducted by the Board, to determine the person's fitness to practice manicuring, such examination to be so prepared and conducted as to determine whether the person is possessed of the requisite skill to perform manicuring properly.
(b)	Only a person who is properly licensed by the Board as a registered apprentice cosmetologist, a registered cosmetologist, or a registered manicurist shall perform manicuring."
Section 8.  This act becomes effective July 1, 1997, and applies to people applying as registered manicurists on or after that date and to people practicing manicuring for compensation on or after that date.