State of Maryland
09.22.02.03
.03 Prohibitions.
The following activities are prohibited in any full service or
limited practice salon or in regard to any salon-sponsored services:
A. The performance of services of any kind on a client who has an
infectious or contagious disease that presents a hazard to others;
B. The performance of services of any kind by a licensee or
registrant who has an infectious or contagious disease that presents a hazard to
clients:
C. The performance of services of any kind upon the surface of a
client's skin, scalp, or nail where the skin, scalp, or nail is inflamed or
where a skin infection or eruption is present unless authorized by a physician;
D. The removal of corns, calluses, or other growths of the skin,
such as warts, by cutting;
E. The use of electrical muscle stimulator devices purported to
produce nonsurgical face or body lifts;
F. Cosmetic tattooing;
G. The presence of a dog, cat, bird, or any kind of animal on the
salon premises with the exception of guide dogs for the blind;
H. The sale of any hairpieces which previously have been worn
including, but not limited to wigs, toupees, wiglets, falls, and switches.
09.22.02.01
.01 Salon—General.
A. Application for a salon permit shall be submitted to the Board
together with certification of approval with respect to zoning, health, fire
prevention, and all other laws, ordinances, and requirements applicable to the
establishment.
B. A person establishing a residential salon shall meet the
following requirements in addition to the requirements set forth in § A of this
regulation:
(1) The salon shall be completely separate and distinct from all
living quarters;
(2) The salon shall be in compliance with all applicable laws,
regulations, and ordinances;
(3) The salon shall have a separate outside entrance for use of
salon patrons; and
(4) The salon shall have a restroom facility maintained for
exclusive use by salon clients.
C. More than one salon permit may not be issued for any one
premises unless a separate and distinct salon entity is established on a
different level of the one premises.
D. Pre-opening Inspection.
(1) Before a salon permit is issued, the premises shall be
inspected by a Board member or inspector.
(2) If the premises are not in compliance with the regulations and
laws governing beauty culture, the Board may refuse to issue the permit.
E. The Board may initiate a criminal prosecution of a person
operating a beauty salon without a valid permit.
SB 218
Department of Legislative Services
Maryland General Assembly
FISCAL NOTE
Senate Bill 218
(Senator Stone)
Economic and Environmental Affairs
Licensure and Regulation of Tattoo Artists and Body Piercing Artists
This bill requires a tattoo artist or body piercing artist to be licensed by the State Board of Cosmetology in the Department of Labor, Licensing, and Regulation in order to provide tattooing or body piercing services in Maryland. The bill authorizes the board to charge a $25 license and renewal fee for tattoo and body piercing artists. It also specifies the requirements for licensure as a tattoo or body piercing artist, which includes a 1,000-hour curriculum and an examination. With the exception of ear piercing, this bill prohibits the tattooing and body piercing of a minor. This bill increases the number of cosmetology board members from seven to nine by adding one tattoo artist and one body piercing artist.
These provisions of the bill take effect January 1, 1999.
Fiscal Summary
State Effect: General fund revenues could increase by $148,800 in FY 1999. Future year revenues reflect a decline in new applications and a biennial renewal period. General fund expenditures for the board could increase by $105,900 in FY 1999. Future year expenditures reflect annualization and inflation. Indeterminate minimal increase in general fund revenues and expenditures due to the bill's penalty provisions.
(in dollars) FY 1999 FY 2000 FY 2001 FY 2002 FY 2003
GF Revenues $148,800 $7,500 $62,500 $7,500 $66,300
GF Expenditures 105,900 52,900 54,100 55,400 56,600
Net Effect $42,900 ($45,400) $8,400 ($47,900) $9,700
Note: ( ) - decrease; GF - general funds; FF - federal funds; SF - special funds
Local Effect: Indeterminate minimal increase in revenues and expenditures due to the bill's penalty provisions.
Small Business Effect: Potential meaningful effect on small businesses.
Fiscal Analysis
Bill Summary: The State Board of Cosmetology must adopt regulations by October 1, 1998. This provision of the bill takes effect June 1, 1998.
This bill authorizes the board to waive the examination requirement if the tattoo artist or body piercing artist is licensed in another state. Tattoo and body piercing artists are exempt from the apprenticeship and training requirements if they are employed as such on October 1, 1998 and have obtained at least five years of tattoo or body piercing experience within the last seven years.
This bill also expands the definitions of "cosmetology school" and "beauty salon" to include the tattoo and body piercing arts. A beauty salon may obtain a permit for the limited purposes of providing tattoo artist services or body piercing services.
Tattoo and body piercing artist students are authorized to practice without a license as part of the required training, under the direct supervision of an approved teacher, if: (1) the recipient is aware that the artist is a student; (2) the student has completed at least 350 hours of instruction; and (3) the practice occurs at the school. Apprentices are also authorized to practice in a licensed salon under the supervision of a licensed tattoo or body piercing artist with two years' experience. In order to register as an apprentice with the board, a tattoo artist or body piercing artist applicant must have completed 350 hours of training at an approved private cosmetology school.
The board may discipline a licensee by: (1) suspending or revoking the cosmetologist license or the beauty salon permit; and/or (2) imposing a fine of up to $300. In addition, any misdemeanor violation of this bill could result in a maximum fine of $100 and/or maximum imprisonment of 30 days.
Background: Currently, tattoo and body piercing artists are regulated under COMAR 10.06.01.02 and 06. The regulations require standard infection control measures during medical procedures that penetrate the skin and during skin penetrating body adornment, such as tattooing and body piercing.
The State Board of Cosmetologists has a sunset date in its enabling statute of July 1, 1998.
State Revenues: General fund revenues from license and inspection fees could increase by $148,750 in fiscal 1999. It is assumed that there would be 100 applications for tattoo salon permits and 500 applications for piercing salon permits (which would include ear-piercing establishments). Each salon permit is expected to cost $50 (renewed biennially), with an initial $150 inspection fee. Revenues from the salon permits are estimated to be $120,000 (600 applications x $200). It is also assumed that there would be about 150 applications for a tattoo artist license and 1,000 applications for a body piercing artist license (includes ear-piercing artists). Revenues from the issuance of individual licenses is estimated to be $28,750 (1,150 applications x $25 license fee). License fees are renewed biennially.
Subsequent year revenues reflect biennial renewals and assumes 10 new applications for salon permits and 100 new applications for individual licenses each year. It is also assumed that there would be an offsetting number of salons and individuals who decline to renew their license in each renewal period.
General fund revenues could increase under the bill's monetary penalty provisions for those cases heard in the District Court, depending upon the number of convictions and fines imposed. The Office of Administrative Hearings estimates that fewer than 33 hearings a year would be referred to them and any increase in workload could be absorbed within existing resources.
State Expenditures: General fund expenditures could increase by an estimated $105,929 in fiscal 1999, which accounts for the bill's January 1, 1999 effective date. This estimate reflects the cost of hiring one Office Secretary to help license tattoo and body piercing artists. It includes a salary, fringe benefits, and ongoing operating expenses. The estimate includes a one-time cost of $75,000 for developing two new examinations and computer programming costs. While board members would not be entitled to compensation, they would be eligible for expense reimbursements according to standard State travel regulations. Consequently, the estimate also assumes the annual cost for reimbursing the two additional board members for eligible expenses would be about $750.
Salaries and Fringe Benefits
$12,744
Exam Development and Computer Programming
75,000
Operating Expenses
18,185
Total FY 1999 State Expenditures
$105,929
Future year expenditures reflect: (1) full salary with 3.5% annual increases and 3% employee turnover; and (2) 1% annual increases in ongoing operating expenses.
Local Revenues: Revenues could increase under the bill's monetary penalty provisions for those cases heard in the circuit courts, depending upon the number of convictions and fines imposed. Any increase, however, is expected to be minimal.
Local Expenditures: Expenditures could increase as a result of the bill's incarceration penalty depending upon the number of convictions and sentences imposed. Counties pay the full cost of incarceration for the first 90 days of the sentence, plus part of the per diem cost after 90 days. Any increase, however, is expected to be minimal.
Small Business Effect: There would be an indeterminate cost to each small business tattoo/body piercing establishment as a result of the bill, arising from: (1) the license and renewal fee at $25 and salon permit at $200, respectively; (2) the associated costs of complying with the licensure requirements; and (3) any penalties (both monetary and non-monetary) for violation of certain provisions.
There are an indeterminate but significant number of individuals who practice tattooing in their homes or at county fairs. Some of these tattoo artists may discontinue their practice because they either would not or could not comply with the requirements for licensure set by the board. However, some tattoo artists currently operating in noncommercial establishments may elect to set up commercial establishments as a result of this bill. In that event, the number of small business tattoo shops in Maryland will increase.
There are also approximately 30-40 store-front tattoo establishments in the State, and all could be considered small businesses. The practice of tattooing in most store-front tattoo shops currently conforms to standard infection control measures outlined by the Center for Disease Control. Business for these tattoo stores will increase if, as a result of this bill, there is less business activity among tattoo artists practicing in their homes and other noncommercial establishments.
A similar effect could be experienced by the body piercing industry.
This bill may also prompt the development of tattoo artists/body piercing artists schools in the State.
Information Source(s): Department of Labor, Licensing, and Regulation; Office of Administrative Hearings; Garrett County; Department of Legislative Services
Fiscal Note History:
First Reader - February 5, 1998
lc
Analysis by: Lina Walker
Direct Inquiries to:
Reviewed by: John Rixey
John Rixey, Coordinating Analyst
(410) 841-3710
(301) 858-3710
Here is the information you requested:
Senate Bill 218 (sponsored by Senator Stone)
History by Legislative Date (1998)
Senate Action
1/29 First reading Economic and Environmental Affairs
2/11 Hearing 2/27 at 1:00pm
2/25 Hearing cancelled
3/2 Withdrawn
House Action
No Action
House Bill 254
History by Legislative Date (1998)
House Action
1/28 First Reading Economic Matters
Hearing 2/4 at 1:00pm
2/23 Unfavorable report by Economic Matters
Senate Action
No Action
***this info can be found at
www.mlis.state.md.us***
SENATE BILL 218
Unofficial Copy 1998 Regular Session
C2 8lr1308
CF 8lr0079
_____________________________________________________________________
By:
Senator Stone
Introduced and read first time: Janaury 29, 1998
Assigned to: Economic and Environmental Affairs
_____________________________________________________________________
A BILL ENTITLED
1 AN ACT concerning
2
Licensure and Regulation of Tattoo Artists and Body Piercing Artists
3 FOR the purpose of altering the composition of the State Board of
Cosmetologists;
4 requiring the licensure as a tattoo artist by the State Board of
Cosmetologists of
5 any individual who provides tattoo artist services; requiring the licensure
as a
6 body piercing artist by the State Board of Cosmetologists of any individual
who
7 provides body piercing artist services; providing for the issuance, terms,
8 expiration, and renewal of a license; authorizing the State Board of
9 Cosmetologists to deny, revoke, suspend, reprimand, or reinstate a license
under
10 certain circumstances; authorizing the State Board of Cosmetologists to
place a
11 license on probation under certain circumstances; providing for the
12 qualifications for licensure and the duties of licensees; granting certain
13 administrative appeals to certain licensees and license applicants under
certain
14 circumstances; requiring the registration of apprentices in tattoo
artistry or
15 body piercing artistry with the State Board of Cosmetologists; authorizing
the
16 State Board of Cosmetologists to deny, revoke, suspend, or reinstate an
17 apprentice's registration under certain circumstances; limiting the
provision of
18 tattoo artist services and body piercing artist services to certain
establishments;
19 requiring the Board to adopt certain regulations; prohibiting certain acts
under
20 certain circumstances; establishing certain penalties; providing for the
effective
21 dates for the provisions of this Act; requiring the State Board of
Cosmetologists
22 to grant a waiver of certain requirements under this Act under certain
23 circumstances; defining certain terms; providing for a delayed effective
date;
24 and generally relating to tattoo artist services, body piercing artist
services, and
25 cosmetology.
26 BY repealing and reenacting, with amendments,
27 Article - Business Occupations and Professions
28 Section 5-101, 5-202, 5-301, 5-302, 5-308, 5-310, 5-314, 5-402, 5-404,
5-407,
29 5-501, 5-504, 5-505, 5-509, 5-522, 5-601, 5-604, 5-605, and 5-607
30 through 5-609
31 Annotated Code of Maryland
32 (1995 Replacement Volume and 1997 Supplement)
33 BY repealing and reenacting, with amendments,
2 SENATE BILL 218
1 Article - Business Occupations and Professions
2 Section 5-205
3 Annotated Code of Maryland
4 (1995 Replacement Volume and 1997 Supplement)
5 (As enacted by Chapter 735 of the Acts of the General Assembly of 1997)
6 BY repealing and reenacting, without amendments,
7 Article - Business Occupations and Professions
8 Section 5-401
9 Annotated Code of Maryland
10 (1995 Replacement Volume and 1997 Supplement)
11 BY adding to
12 Article - Business Occupations and Professions
13 Section 5-304.1, 5-304.2, and 5-609 through 5-612
14 Annotated Code of Maryland
15 (1995 Replacement Volume and 1997 Supplement)
16 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
17 MARYLAND, That the Laws of Maryland read as follows:
18
Article - Business Occupations and Professions
19 5-101.
20 (a) In this title the following words have the meanings indicated.
21 (b) "Apprentice" means an individual who is learning to practice
cosmetology
22 or any limited practice of cosmetology in a beauty salon that holds a
beauty salon
23 permit under the supervision of:
24 (1) if learning to practice cosmetology, a licensed senior cosmetologist;
25 (2) if learning to provide esthetic services, a licensed senior
cosmetologist
26 or a licensed esthetician with 2 years' experience; [and]
27 (3) if learning to provide manicuring services, a licensed senior
28 cosmetologist or a licensed manicurist with 2 years' experience;
29 (4) IF LEARNING TO PROVIDE TATTOO ARTIST SERVICES, A LICENSED
30 TATTOO ARTIST WITH 2 YEARS' EXPERIENCE; AND
31 (5) IF LEARNING TO PROVIDE BODY PIERCING SERVICES, A LICENSED
32 BODY PIERCING ARTIST WITH 2 YEARS' EXPERIENCE.
3 SENATE BILL 218
1 (c) (1) "Beauty salon" means any commercial establishment, except
a
2 barbershop, in which an individual practices cosmetology OR PROVIDES TATTOO
3 ARTIST SERVICES OR BODY PIERCING ARTIST SERVICES.
4 (2) "Beauty salon" does not include a clinic in a cosmetology
school.
5 (d) "Beauty salon permit" means a permit issued by the Board to
operate a
6 beauty salon.
7 (e) "Board" means the State Board of Cosmetologists.
8 (f) "Cosmetologist" means an individual who practices
cosmetology.
9 (G) "COSMETOLOGISTS SCHOOL" INCLUDES A SCHOOL THAT TEACHES
10 TATTOO ARTISTRY OR BODY PIERCING.
11 [(g)] (H) (1) "License" means, unless the context requires
otherwise, a
12 license issued by the Board.
13 (2) "License" includes, unless the context requires otherwise,
each of the
14 following licenses:
15 (i) a license to practice cosmetology;
16 (ii) a license to practice as a senior cosmetologist;
17 (iii) a limited license to provide makeup artist services;
18 (iv) a limited license to provide esthetic services; [and]
19 (v) a limited license to provide manicuring services;
20 (VI) A LICENSE TO PROVIDE TATTOO ARTIST SERVICES; AND
21 (VII) A LICENSE TO PROVIDE BODY PIERCING ARTIST SERVICES.
22 (I) "LICENSED BODY PIERCING ARTIST" MEANS, UNLESS THE CONTEXT
23 REQUIRES OTHERWISE, A BODY PIERCING ARTIST WHO IS LICENSED BY THE BOARD
24 TO PROVIDE BODY PIERCING ARTIST SERVICES.
25 [(h)] (J) "Licensed cosmetologist" means, unless the context
requires
26 otherwise, a cosmetologist who is licensed by the Board to practice
cosmetology.
27 [(i)] (K) "Licensed senior cosmetologist" means a person who:
28 (1) has at least 2 years of experience as a licensed cosmetologist; and
29 (2) has passed a test approved by the Board.
4 SENATE BILL 218
1 (L) "LICENSED TATTOO ARTIST" MEANS, UNLESS THE CONTEXT REQUIRES
2 OTHERWISE, A TATTOO ARTIST WHO IS LICENSED BY THE BOARD TO PROVIDE
3 TATTOO ARTIST SERVICES.
4 [(j)] (M) (1) "Limited license" means a license issued by the
Board to
5 practice cosmetology as limited in § 5-301 of this title.
6 (2) "Limited license" includes, unless the context requires
otherwise,
7 each of the following licenses:
8 (i) a limited license to provide makeup artist services;
9 (ii) a limited license to provide esthetic services; and
10 (iii) a limited license to provide manicuring services.
11 [(k)] (N) (1) "Practice cosmetology" means to engage in any of
the following
12 for compensation:
13 (i) beautifying, cleaning, or embellishing the hair of an individual
14 by:
15 1. arranging the hair;
16 2. bleaching the hair;
17 3. cleansing the hair;
18 4. coloring the hair;
19 5. curling the hair;
20 6. cutting the hair;
21 7. dressing the hair;
22 8. singeing the hair;
23 9. permanent waving the hair;
24 10. waving the hair; or
25 11. performing any other similar procedure intended to
26 beautify, clean, or embellish the hair;
27 (ii) arching or dyeing eyebrows;
28 (iii) dyeing eyelashes;
29 (iv) providing makeup artist services;
30 (v) providing esthetic services; or
5 SENATE BILL 218
1 (vi) providing manicuring services.
2 (2) The practice of cosmetology does not include:
3 (i) the mere sale, fitting, or styling of wigs or hairpieces;
4 (ii) the mere shampooing of hair; or
5 (iii) a service that results in tension on hair strands or roots by
6 twisting, wrapping, weaving, extending, locking, or braiding by hand or
mechanical
7 device, provided that the service does not include the application of dyes,
reactive
8 chemicals, or other preparations to alter the color of the hair or to
straighten, curl, or
9 alter the structure of the hair.
10 (O) "PROVIDE BODY PIERCING SERVICES" MEANS TO PENETRATE THE SKIN
OR
11 A MEMBRANE OF AN INDIVIDUAL FOR THE PURPOSE OF INSERTING JEWELRY OR
12 OTHER FORMS OF BODY ADORNMENT.
13 [(l)] (P) "Provide makeup artist services" means to apply
creams, lotions,
14 cosmetic preparations, and cleansing solutions to an individual's face for
15 compensation.
16 [(m)] (Q) "Provide esthetic services" means to provide to an
individual, for
17 compensation, the service of:
18 (1) cleansing, exercising, massaging, stimulating, or performing any
19 other similar procedure on the arms, face, hands, or scalp by electrical,
mechanical, or
20 any other means;
21 (2) applying to the face an alcohol, cream, lotion, astringent, or
cosmetic
22 preparation; or
23 (3) removing superfluous hair by the use of a depilatory, tweezers, or
24 wax.
25 [(n)] (R) "Provide manicuring services" means to manicure or
pedicure for
26 compensation the nails of an individual.
27 (S) "PROVIDE TATTOO ARTIST SERVICES" MEANS TO MAKE MARKS OR
28 DESIGNS ON THE SKIN OF AN INDIVIDUAL BY:
29 (1) PRICKING THE SKIN AND INGRAINING IT IN AN INDELIBLE PIGMENT;
30 OR
31 (2) RAISING SCARS ON THE SKIN.
32 5-202.
33 (a) (1) The Board consists of [seven] NINE members.
34 (2) Of the [seven] NINE members of the Board:
6 SENATE BILL 218
1 (i) four shall be licensed cosmetologists;
2 (II) ONE SHALL BE A LICENSED TATTOO ARTIST;
3 (III) ONE SHALL BE A LICENSED BODY PIERCING ARTIST;
4 [(ii)] (IV) one shall be affiliated with a private cosmetology school as
5 an educator or owner; and
6 [(iii)] (V) two shall be consumer members.
7 (3) The Governor shall appoint the members with the advice of the
8 Secretary.
9 (b) Each cosmetologist member of the Board:
10 (1) shall have practiced cosmetology actively for at least 5 years before
11 appointment;
12 (2) shall be a citizen of the State;
13 (3) may not be affiliated directly or indirectly with any cosmetology
14 school;
15 (4) may not be affiliated with any person who manufactures or sells any
16 article, supply, or merchandise that is commonly used in a beauty salon;
and
17 (5) may not be a graduate of the same school of cosmetology as any other
18 member of the Board.
19 (c) Each consumer member of the Board:
20 (1) shall be a member of the general public;
21 (2) may not be a licensee or otherwise be subject to regulation by the
22 Board;
23 (3) may not be required to meet the qualifications for the professional
24 members of the Board; and
25 (4) may not, within 1 year before appointment, have had a financial
26 interest in or have received compensation from a person regulated by the
Board.
27 (d) While a member of the Board, a consumer member may not:
28 (1) have a financial interest in or receive compensation from a person
29 regulated by the Board; or
30 (2) grade any examination given by or for the Board.
7 SENATE BILL 218
1 (e) Before taking office, each appointee to the Board shall take the oath
2 required by Article I, § 9 of the Maryland Constitution.
3 (f) (1) The term of a member is 3 years and begins on July 1.
4 (2) The terms of members are staggered as required by the terms
5 provided for members of the Board on October 1, 1989.
6 (3) a member may not serve more than 2 consecutive terms.
7 (4) At the end of a term, a member continues to serve until a successor is
8 appointed and qualifies.
9 (5) A member who is appointed after a term has begun serves only for
10 the rest of the term and until a successor is appointed and qualifies.
11 (g) The Governor may remove a member for incompetence or misconduct.
12 5-205.
13 (a) In addition to any duties set forth elsewhere, the Board shall adopt:
14 (1) bylaws for the conduct of its proceedings;
15 (2) regulations for qualification and examination of applicants for
16 licenses, registration, and permits and issuance of licenses, certificates
of
17 registration, and permits;
18 (3) regulations to govern the conduct of persons regulated under this
19 title;
20 (4) regulations to govern sanitation and safety in practicing cosmetology
21 AND PROVIDING TATTOO ARTIST SERVICES AND BODY PIERCING ARTIST SERVICES,
22 including regulations that establish precautions to prevent the spread of
infectious
23 and contagious diseases; and
24 (5) regulations to govern the direct supervision of the operation of
25 limited practice beauty salons.
26 (b) (1) Subject to paragraph (4) of this subsection, the Board shall
establish
27 reasonable fees for reinstatements, certifications, applications,
preopening
28 inspections, per diem fees for Board members, compensation for inspectors
appointed
29 by the Board, and for any other service performed by the Board necessary
to carry out
30 the provisions of this title.
31 (2) The fees established by the Board shall be set in a manner that will
32 produce funds sufficient to cover the actual direct and indirect costs of
regulating the
33 cosmetology industry in the State in accordance with the provisions of
this title.
8 SENATE BILL 218
1 (3) The total cost of regulating the cosmetology industry in the State in
2 accordance with the provisions of this title may not be more than the
revenues
3 generated by the fees established under paragraph (1) of this subsection.
4 (4) The Board shall require a $25 fee for the licensure or renewal of
5 licensure of cosmetologists, senior cosmetologists, estheticians,
manicurists, [and]
6 makeup artists, TATTOO ARTISTS, AND BODY PIERCING ARTISTS.
7 5-301.
8 (a) Except as otherwise provided in this title, an individual shall be
licensed
9 by the Board to practice cosmetology before the individual may practice
cosmetology
10 in the State.
11 (B) EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, AN INDIVIDUAL SHALL
12 BE LICENSED BY THE BOARD TO PROVIDE TATTOO ARTIST SERVICES BEFORE THE
13 INDIVIDUAL MAY PROVIDE TATTOO ARTIST SERVICES IN THE STATE.
14 (C) EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, AN INDIVIDUAL SHALL
15 BE LICENSED BY THE BOARD TO PROVIDE BODY PIERCING ARTIST SERVICES BEFORE
16 THE INDIVIDUAL MAY PROVIDE BODY PIERCING ARTIST SERVICES IN THE STATE.
17 [(b)] (D) If an individual holds the appropriate limited license, the
individual
18 may practice cosmetology in a manner limited to:
19 (1) providing makeup artist services;
20 (2) providing esthetic services; or
21 (3) providing manicuring services.
22 [(c)] (E) Subsection (a) of this section does not apply to:
23 (1) a student while the student practices cosmetology in accordance with
24 [§ 5-302] § 5-302(A) AND (B) or § 5-303 of this subtitle; or
25 (2) a registered apprentice.
26 (F) SUBSECTION (B) DOES NOT APPLY TO:
27 (1) A STUDENT WHILE THE STUDENT PROVIDES TATTOO ARTIST
28 SERVICES IN ACCORDANCE WITH § 5-302(C) OF THIS SUBTITLE; OR
29 (2) A REGISTERED APPRENTICE.
30 (G) SUBSECTION (C) DOES NOT APPLY TO:
31 (1) A STUDENT WHILE THE STUDENT PROVIDES BODY PIERCING ARTIST
32 SERVICES IN ACCORDANCE WITH § 5-302(D) OF THIS SUBTITLE; OR
33 (2) A REGISTERED APPRENTICE.
9 SENATE BILL 218
1 5-302.
2 (a) (1) Subject to the provisions of this subsection, a student who has
3 completed at least 350 hours of training at a school of cosmetology may
practice
4 cosmetology, without a license, at the school.
5 (2) A student may practice cosmetology under this subsection only:
6 (i) in the course of the practical work required as part of the
7 training of the student;
8 (ii) while the student is under the direct supervision of a teacher
9 who meets the requirements established by the Department of Education for
Public
10 School Programs or the Maryland Higher Education Commission for Private
School
11 Programs; and
12 (iii) if the individual to whom a service is to be provided agrees to
13 provision of the service after being informed that a student in training
is to provide
14 the service.
15 (b) (1) Subject to the provisions of this subsection, a student who has
16 completed at least 1,000 hours of training at a school of cosmetology may
practice
17 cosmetology, without a license, in a hospital, nursing home, or
correctional facility.
18 (2) A student may practice cosmetology under this subsection only:
19 (i) in the course of the practical work required as part of the
20 training of the student;
21 (ii) while the student is under the direct supervision of a teacher
22 who meets the requirements established by the Department of Education for
Public
23 School Programs or the Maryland Higher Education Commission for Private
School
24 Programs; and
25 (iii) if the individual to whom a service is to be provided:
26 1. is confined to the hospital, nursing home, or correctional
27 facility; and
28 2. agrees to provision of the service after being informed that
29 a student in training is to provide the service.
30 (C) (1) SUBJECT TO THE PROVISIONS OF THIS SUBSECTION, A STUDENT
31 WHO HAS COMPLETED AT LEAST 350 HOURS OF INSTRUCTION IN TATTOO ARTISTRY
32 AT A PRIVATE SCHOOL OF COSMETOLOGY MAY PROVIDE TATTOO ARTIST SERVICES,
33 WITHOUT A LICENSE, AT THE SCHOOL.
34 (2) A STUDENT MAY PRACTICE TATTOO ARTIST SERVICES UNDER THIS
35 SUBSECTION ONLY:
10 SENATE BILL 218
1 (I) IN THE COURSE OF THE PRACTICAL WORK REQUIRED AS PART
2 OF THE TRAINING OF THE STUDENT;
3 (II) WHILE THE STUDENT IS UNDER THE DIRECT SUPERVISION OF
4 A TEACHER WHO MEETS THE REQUIREMENTS ESTABLISHED BY THE MARYLAND
5 HIGHER EDUCATION COMMISSION FOR PRIVATE SCHOOL PROGRAMS; AND
6 (III) IF THE INDIVIDUAL TO WHOM A SERVICE IS TO BE PROVIDED
7 AGREES TO PROVISION OF THE SERVICE AFTER BEING INFORMED THAT A STUDENT
8 IN TRAINING IS TO PROVIDE THE SERVICE.
9 (D) (1) SUBJECT TO THE PROVISIONS OF THIS SUBSECTION, A STUDENT
10 WHO HAS COMPLETED AT LEAST 350 HOURS OF INSTRUCTION IN BODY PIERCING AT
11 A PRIVATE SCHOOL OF COSMETOLOGY MAY PROVIDE BODY PIERCING ARTIST
12 SERVICES, WITHOUT A LICENSE, AT THE SCHOOL.
13 (2) A STUDENT MAY PRACTICE BODY PIERCING SERVICES UNDER THIS
14 SUBSECTION ONLY:
15 (I) IN THE COURSE OF THE PRACTICAL WORK REQUIRED AS PART
16 OF THE TRAINING OF THE STUDENT;
17 (II) WHILE THE STUDENT IS UNDER THE DIRECT SUPERVISION OF
18 A TEACHER WHO MEETS THE REQUIREMENTS ESTABLISHED BY THE MARYLAND
19 HIGHER EDUCATION COMMISSION FOR PRIVATE SCHOOL PROGRAMS; AND
20 (III) IF THE INDIVIDUAL TO WHOM A SERVICE IS TO BE PROVIDED
21 AGREES TO PROVISION OF THE SERVICE AFTER BEING INFORMED THAT A STUDENT
22 IN TRAINING IS TO PROVIDE THE SERVICE.
23 5-304.1.
24 (A) TO QUALIFY FOR A LICENSE TO PROVIDE TATTOO ARTIST SERVICES, AN
25 APPLICANT SHALL BE AN INDIVIDUAL WHO MEETS THE REQUIREMENTS OF THIS
26 SECTION.
27 (B) AN APPLICANT FOR A LICENSE TO PROVIDE TATTOO ARTIST SERVICES
28 SHALL:
29 (1) BE AT LEAST 18 YEARS OLD;
30 (2) HAVE SUCCESSFULLY COMPLETED A 9TH GRADE EDUCATION OR
31 THE EQUIVALENT; AND
32 (3) HAVE RECEIVED TRAINING BY:
33 (I) SERVING AS A REGISTERED APPRENTICE FOR AT LEAST 1 YEAR
34 AS PROVIDED UNDER § 5-404 AND § 5-405 OF THIS TITLE; OR
35 (II) SUCCESSFULLY COMPLETED 1,000 HOURS OF INSTRUCTION
36 AND TRAINING IN TATTOO ARTIST SERVICES IN A PRIVATE COSMETOLOGY SCHOOL
11 SENATE BILL 218
1 APPROVED BY THE MARYLAND HIGHER EDUCATION COMMISSION IN CONSULTATION
2 WITH THE BOARD.
3 (C) AN APPLICANT FOR A TATTOO ARTIST LICENSE SHALL PASS AN
4 EXAMINATION GIVEN BY THE BOARD UNDER THIS SUBTITLE.
5 5-304.2.
6 (A) TO QUALIFY FOR A LICENSE TO PROVIDE BODY PIERCING ARTIST
7 SERVICES, AN APPLICANT SHALL BE AN INDIVIDUAL WHO MEETS THE
8 REQUIREMENTS OF THIS SECTION.
9 (B) AN APPLICANT FOR A LICENSE TO PROVIDE BODY PIERCING ARTIST
10 SERVICES SHALL:
11 (1) BE AT LEAST 18 YEARS OLD;
12 (2) HAVE SUCCESSFULLY COMPLETED A 9TH GRADE EDUCATION OR
13 THE EQUIVALENT; AND
14 (3) HAVE RECEIVED TRAINING BY:
15 (I) SERVING AS A REGISTERED APPRENTICE FOR AT LEAST 1 YEAR
16 AS PROVIDED UNDER § 5-404 AND § 5-405 OF THIS TITLE; OR
17 (II) SUCCESSFULLY COMPLETED 1,000 HOURS OF INSTRUCTION
18 AND TRAINING IN BODY PIERCING ARTIST SERVICES IN A PRIVATE COSMETOLOGY
19 SCHOOL APPROVED BY THE MARYLAND HIGHER EDUCATION COMMISSION IN
20 CONSULTATION WITH THE BOARD.
21 (C) AN APPLICANT FOR A BODY PIERCING ARTIST LICENSE SHALL PASS AN
22 EXAMINATION GIVEN BY THE BOARD UNDER THIS SUBTITLE.
23 5-308.
24 (a) Subject to the provisions of this section, the Board may waive any
25 APPLICABLE examination requirement of this subtitle for an individual who
is
26 licensed IN ANOTHER STATE:
27 (1) to practice as a cosmetologist or a limited practice cosmetologist [in
28 another state];
29 (2) TO PROVIDE TATTOO ARTIST SERVICES; OR
30 (3) TO PROVIDE BODY PIERCING ARTIST SERVICES.
31 (b) The Board may grant a waiver under this section only if the applicant:
32 (1) pays to the Board an application fee established by the Board in
33 accordance with § 5-205 of this title; and
12 SENATE BILL 218
1 (2) provides adequate evidence that the applicant:
2 (i) meets the qualifications otherwise required by this subtitle; and
3 (ii) became licensed in the other state after passing, in that or any
4 other state, an examination that is at least equivalent to the examination
for which
5 the applicant is seeking a waiver.
6 5-310.
7 (a) Subject to subsections (b) through (d) of this section and while a
license to
8 practice cosmetology is in effect, it authorizes the licensee to practice
cosmetology.
9 (b) While a limited license to provide makeup artist services is in effect,
it
10 authorizes the licensee to provide only makeup artist services.
11 (c) While a limited license to provide esthetic services is in effect, it
authorizes
12 the licensee to provide only esthetic services.
13 (d) While a limited license to provide manicuring services is in effect,
it
14 authorizes the licensee to provide only manicuring services.
15 (E) WHILE A LICENSE TO PROVIDE TATTOO ARTIST SERVICES IS IN EFFECT, IT
16 AUTHORIZES THE LICENSEE TO PROVIDE ONLY TATTOO ARTIST SERVICES.
17 (F) WHILE A LICENSE TO PROVIDE BODY PIERCING ARTIST SERVICES IS IN
18 EFFECT, IT AUTHORIZES THE LICENSEE TO PROVIDE ONLY BODY PIERCING ARTIST
19 SERVICES.
20 5-314.
21 (a) Subject to the hearing provisions of § 5-315 of this subtitle, the
Board may
22 deny a license to any applicant, reprimand any licensee, or suspend or
revoke a
23 license if the applicant or licensee:
24 (1) fraudulently or deceptively obtains or attempts to obtain a license
for
25 the applicant or licensee or for another;
26 (2) fraudulently or deceptively uses a license;
27 (3) is incompetent;
28 (4) engages in dishonest, unethical, immoral, or unprofessional conduct;
29 (5) is addicted to alcohol or drugs to the extent of being unfit to
practice
30 cosmetology, PROVIDE TATTOO ARTIST SERVICES, OR PROVIDE BODY PIERCING
31 ARTIST SERVICES;
32 (6) advertises by means of knowingly false or deceptive statements; or
13 SENATE BILL 218
1 (7) violates any provision of this title or any regulation adopted by the
2 Board under this title.
3 (b) Instead of or in addition to suspending or revoking a license, the
Board
4 may impose a penalty not exceeding $300 for all violations cited on a
single day.
5 (c) In determining the amount of financial penalty to be imposed under this
6 section, the Board shall consider the following:
7 (1) the seriousness of the violation;
8 (2) the good faith of the violator;
9 (3) the violator's history of previous violations;
10 (4) the deleterious effect of the [violation on the complainant, the
public,
11 and the cosmetology industry; and] VIOLATION ON THE:
12 (I) COMPLAINANT;
13 (II) PUBLIC; AND
14 (III) COSMETOLOGY, TATTOO ARTISTRY, OR BODY PIERCING
15 INDUSTRIES; AND
16 (5) any other factors relevant to the determination of the financial
17 penalty.
18 (d) The Board shall commence proceedings under this section on a complaint
19 to the Board by a member of the Board or any person.
20 (1) A complaint shall:
21 (i) be in writing;
22 (ii) be signed by the complainant;
23 (iii) state specifically the facts on which the complaint is based;
24 (iv) be submitted to the Executive Director of the Board; and
25 (v) be served on the person to whom it is directed:
26 1. personally; or
27 2. by certified mail, return receipt requested, bearing a
28 postmark from the United States Postal Service, to the person's last known
address
29 as shown on the Board's records.
30 (2) If service is made by certified mail, the person who mails the
31 document shall file with the Board verified proof of mailing.
14 SENATE BILL 218
1 (e) (1) Except as provided in subsection (f) of this section, if the Board
finds
2 that a complaint alleges facts that are adequate grounds for action under
this section,
3 the Board shall act on the complaint as provided under § 5-315 of this
subtitle to
4 deny, suspend, or revoke a license, reprimand a licensee, or assess a
penalty.
5 (2) If the Board does not make the finding, the Board shall dismiss the
6 complaint.
7 (f) (1) If the Board makes the finding under subsection (e)(1) of this
section
8 for a violation that relates to the sanitary practice of cosmetology,
TATTOO ARTIST
9 SERVICES, OR BODY PIERCING ARTIST SERVICES, the Board shall provide the
licensee
10 an opportunity to correct the alleged violation.
11 (2) If the licensee fails to correct each alleged violation within 10 days
of
12 written notification of the violation by the Board, the Board shall act on
the complaint
13 as provided under § 5-315 of this subtitle.
14 (3) If the licensee corrects each alleged violation within 10 days of
notice,
15 the Board shall:
16 (i) dismiss the complaint; and
17 (ii) provide the licensee written notification of the dismissal.
18 5-401.
19 An individual shall be registered by the Board before the individual may
serve
20 as an apprentice in a beauty salon in the State .
21 5-402.
22 (A) An applicant for registration shall:
23 (1) submit to the Board an application on the form that the Board
24 provides; and
25 (2) pay to the Board an application fee established by the Board in
26 accordance with § 5-205 of this title.
27 (B) IN ADDITION TO ANY OTHER REQUIREMENTS UNDER THIS SUBTITLE, TO
28 QUALIFY FOR REGISTRATION AS A TATTOO ARTIST APPRENTICE OR A BODY
29 PIERCING ARTIST APPRENTICE, AN APPLICANT SHALL HAVE RECEIVED TRAINING BY
30 COMPLETING AT LEAST 350 HOURS OF TRAINING AT A PRIVATE COSMETOLOGY
31 SCHOOL.
32 5-404.
33 While registration as an apprentice is in effect, the registration
authorizes the
34 individual to learn to practice cosmetology, [or] any limited practice of
cosmetology,
35 PROVIDE TATTOO ARTIST SERVICES, OR PROVIDE BODY PIERCING ARTIST SERVICES:
15 SENATE BILL 218
1 (1) in a:
2 (i) beauty salon that holds a beauty salon permit; or
3 (ii) barbershop that holds a barbershop permit; and
4 (2) under the supervision of:
5 (i) if learning to practice cosmetology, a licensed senior
6 cosmetologist;
7 (ii) if learning to provide esthetic services, a licensed senior
8 cosmetologist or a licensed esthetician with 2 years' experience; [and]
9 (iii) if learning to provide manicuring services, a licensed senior
10 cosmetologist or a licensed manicurist with 2 years' experience[.];
11 (IV) IF LEARNING TO PROVIDE TATTOO ARTIST SERVICES, A
12 LICENSED TATTOO ARTIST WITH 2 YEARS' EXPERIENCE; AND
13 (V) IF LEARNING TO PROVIDE BODY PIERCING ARTIST SERVICES, A
14 LICENSED BODY PIERCING ARTIST WITH 2 YEARS EXPERIENCE.
15 5-407.
16 (a) Subject to the hearing provisions of § 5-408 of this subtitle, the
Board may
17 deny registration as an apprentice to any applicant, reprimand any
individual
18 registered as an apprentice, or suspend or revoke the registration of an
individual
19 registered as an apprentice:
20 (1) for any applicable ground under § 5-314 of this title;
21 (2) if the applicant or individual fraudulently or deceptively obtains or
22 attempts to obtain registration for the applicant or individual or for
another; or
23 (3) if the applicant or individual fraudulently or deceptively uses a
24 certificate of registration.
25 (b) Instead of or in addition to suspending or revoking a registration,
the
26 Board may impose a penalty not exceeding $300 for all violations cited on
a single
27 date.
28 (c) In determining the amount of financial penalty to be imposed under
this
29 section, the Board shall consider the following:
30 (1) the seriousness of the violation;
31 (2) the good faith of the violator;
32 (3) the violator's history of previous violations;
16 SENATE BILL 218
1 (4) the deleterious effect of the [violation on the complainant, the
public,
2 and the cosmetology industry; and] VIOLATION ON THE:
3 (I) COMPLAINANT;
4 (II) PUBLIC; AND
5 (III) COSMETOLOGY, TATTOO ARTISTRY, OR BODY PIERCING
6 INDUSTRIES; AND
7 (5) any other factors relevant to the determination of the financial
8 penalty.
9 (d) The Board shall commence proceedings under this section on a complaint
10 to the Board by a member of the Board or any person.
11 (1) A complaint shall:
12 (i) be in writing;
13 (ii) be signed by the complainant;
14 (iii) state specifically the facts on which the complaint is based;
15 (iv) be submitted to the Executive Director of the Board; and
16 (v) be served on the person to whom it is directed:
17 1. personally; or
18 2. by certified mail, return receipt requested, bearing a
19 postmark from the United States Postal Service, to the person's last known
address
20 as shown on the Board's records.
21 (2) If service is made by certified mail, the person who mails the
22 document shall file with the Board verified proof of mailing.
23 (e) (1) Except as provided in subsection (f) of this section, if the Board
finds
24 that a complaint alleges facts that are adequate grounds for action under
this section,
25 the Board shall act on the complaint as provided under § 5-408 of this
subtitle to
26 deny, suspend, or revoke a certificate of registration, reprimand an
apprentice, or
27 assess a penalty.
28 (2) If the Board does not make the finding, the Board shall dismiss the
29 complaint.
30 (f) (1) If the Board makes the finding under subsection (e)(1) of this
section
31 for a violation that relates to the sanitary practice of cosmetology, THE
PROVISION OF
32 TATTOO ARTIST SERVICES, OR THE PROVISION OF BODY PIERCING ARTIST SERVICES,
33 the Board shall provide the apprentice an opportunity to correct the
alleged violation.
17 SENATE BILL 218
1 (2) If the apprentice fails to correct each alleged violation within 10
days
2 of written notification of the violation by the Board, the Board shall act
on the
3 complaint as provided under § 5-408 of this subtitle.
4 (3) If the apprentice corrects each alleged violation within 10 days of
5 notice, the Board shall:
6 (i) dismiss the complaint; and
7 (ii) provide the apprentice written notification of the dismissal.
8 5-501.
9 (a) A person shall hold a beauty salon permit issued by the Board before
the
10 person may operate a beauty salon in the State.
11 (b) A beauty salon may operate as a limited practice beauty salon by
offering
12 [cosmetology] services limited to:
13 (1) providing makeup artist services;
14 (2) providing esthetic services; [or]
15 (3) providing manicuring services;
16 (4) PROVIDING TATTOO ARTIST SERVICES; OR
17 (5) PROVIDING BODY PIERCING ARTIST SERVICES.
18 (c) A separate beauty salon permit is required for each beauty salon that
a
19 person operates.
20 5-504.
21 (a) The Board shall issue a beauty salon permit to each applicant who
meets
22 the requirements of this subtitle.
23 (b) A beauty salon permit for the limited practice of cosmetology OR A
LIMITED
24 SERVICE shall specify the limited [cosmetology] PRACTICE OR services for
which the
25 permit is issued.
26 (c) The Board shall issue a beauty salon permit and a barbershop permit to
an
27 applicant of a single establishment if the applicant:
28 (1) meets the requirements of:
29 (i) this title; and
30 (ii) Title 4 of this article;
31 (2) submits a separate application for each permit; and
18 SENATE BILL 218
1 (3) pays a separate fee for each application.
2 5-505.
3 (a) While a beauty salon permit is in effect, it authorizes the beauty
salon
4 permit holder to operate the beauty salon.
5 (b) While a beauty salon permit for the limited practice of cosmetology OR
A
6 LIMITED SERVICE is in effect, it authorizes the holder to operate a beauty
salon only
7 for the limited purpose for which the permit is issued.
8 5-509.
9 (a) The Board may adopt regulations to ensure that each cosmetology school
10 approved by the State Board of Education or the Maryland Higher Education
11 Commission is operated in a sanitary manner.
12 (b) The regulations adopted under subsection (a) of this section shall
provide
13 for:
14 (1) the reporting of violations of the regulations to the Department of
15 Education or the Maryland Higher Education Commission; and
16 (2) the imposition of a fine not to exceed $300 for a violation of the
17 regulations.
18 (c) In determining the amount of financial penalty to be imposed under
this
19 section, the Board shall consider the following:
20 (1) the seriousness of the violation;
21 (2) the good faith of the violator;
22 (3) the violator's history of previous violations;
23 (4) the deleterious effect of the violation on the [complainant, the
public,
24 and the barber industry; and]:
25 (I) COMPLAINANT;
26 (II) PUBLIC;
27 (III) THE BARBER, TATTOO ARTISTRY, OR BODY PIERCING ARTIST
28 INDUSTRIES; AND
29 (5) any other factors relevant to the determination of the financial
30 penalty.
31 (d) The Board shall commence proceedings to assess a penalty under this
32 section on a complaint to the Board by a member of the Board or any
person.
19 SENATE BILL 218
1 (1) A complaint shall:
2 (i) be in writing;
3 (ii) be signed by the complainant;
4 (iii) state specifically the facts on which the complaint is based;
5 (iv) be submitted to the Executive Director of the Board; and
6 (v) be served on the person to whom it is directed:
7 1. personally; or
8 2. by certified mail, return receipt requested, bearing a
9 postmark from the United States Postal Service, to the person's last known
address
10 as shown on the Board's records.
11 (2) If service is made by certified mail, the person who mails the
12 document shall file with the Board verified proof of mailing.
13 (e) (1) Except as provided in subsection (f) of this section, if the Board
finds
14 that a complaint alleges facts that are adequate grounds for action under
this section,
15 the Board shall act on the complaint as provided under § 5-523 of this
subtitle to
16 assess a penalty.
17 (2) If the Board does not make the finding, the Board shall dismiss the
18 complaint.
19 (f) (1) If the Board makes the finding under subsection (e)(1) of this
section
20 for a violation that relates to the sanitary condition of a cosmetology
school or the
21 sanitary practice of cosmetology, TATTOO ARTIST SERVICES, OR BODY PIERCING
22 ARTIST SERVICES, the Board shall provide the owner of the school an
opportunity to
23 correct the alleged violation.
24 (2) If the owner fails to correct each alleged violation within 10 days of
25 written notification of the violation by the Board, the Board shall act on
the complaint
26 as provided under § 5-523 of this subtitle.
27 (3) If the owner corrects each alleged violation within 10 days of notice,
28 the Board shall:
29 (i) dismiss the complaint; and
30 (ii) provide the owner written notification of the dismissal.
31 5-522.
32 (a) Subject to the hearing provisions of § 5-523 of this subtitle, the
Board may
33 deny a beauty salon permit to any applicant, reprimand any permit holder,
or
34 suspend or revoke a beauty salon permit:
20 SENATE BILL 218
1 (1) for any applicable ground under § 5-314 of this title;
2 (2) if the applicant or holder fraudulently or deceptively obtains or
3 attempts to obtain a beauty salon permit for the applicant or holder or for
another; or
4 (3) if the applicant or holder fraudulently or deceptively uses a beauty
5 salon permit.
6 (b) Instead of or in addition to suspending or revoking a beauty salon
permit,
7 the Board may impose a penalty not exceeding $300 for all violations cited
on a single
8 date.
9 (c) In determining the amount of financial penalty to be imposed under this
10 section, the Board shall consider the following:
11 (1) the seriousness of the violation;
12 (2) the good faith of the violator;
13 (3) the violator's history of previous violations;
14 (4) the deleterious effect of the [violation on the complainant, the
public,
15 and the cosmetology industry; and] VIOLATION ON THE:
16 (I) COMPLAINANT;
17 (II) PUBLIC; AND
18 (III) COSMETOLOGY, TATTOO ARTISTRY, OR BODY PIERCING
19 INDUSTRIES; AND
20 (5) any other factors relevant to the determination of the financial
21 penalty.
22 (d) The Board shall commence proceedings under this section on a complaint
23 to the Board by a member of the Board or any person.
24 (1) A complaint shall:
25 (i) be in writing;
26 (ii) be signed by the complainant;
27 (iii) state specifically the facts on which the complaint is based;
28 (iv) be submitted to the Executive Director of the Board; and
29 (v) be served on the person to whom it is directed:
30 1. personally; or
21 SENATE BILL 218
1 2. by certified mail, return receipt requested, bearing a
2 postmark from the United States Postal Service
