October 18, 2016, Introduced by Senators KNOLLENBERG, JONES, KOWALL, HERTEL and WARREN and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending section 1203a (MCL 339.1203a), as added by 1997 PA 97.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1203a. (1) An Subject to
subsection (5), an individual
shall
not render perform any form of cosmetology services, with or
without compensation, on any individual other than a member of his
or her immediate family without a license under this article.
However, this article does not apply to an individual, person, or
premises
that is licensed under article 11 while rendering
performing the services of a barber.
(2) An individual who is licensed as a cosmetologist under
this
article may render perform
hair care services, styling, skin
care services, natural hair cultivation, and manicuring services as
part
of the practice of cosmetology, but shall not render perform
electrology
without being unless he or
she is licensed as an
electrologist.
(3)
The department may license an individual to render perform
manicuring services, natural hair cultivation, hair styling, or
skin care services in accordance with his or her training. An
individual who is licensed as a manicurist, natural hair culturist,
hair
stylist, or esthetician shall only render
perform that
particular
service and shall not render perform
any other
cosmetology
service without being unless
he or she is licensed for
that service. An individual who is licensed as a manicurist,
natural hair culturist, hair stylist, or esthetician shall not
render
perform electrology without being unless he or she is
licensed as an electrologist.
(4) An individual who is licensed as an electrologist shall
render
only perform electrology
services and shall not render
perform
any other cosmetology service without
separately being
unless
he or she is separately licensed to render
perform those
services.
(5) The prohibition described in subsection (1) does not apply
to a currently registered senior cosmetology student who is
performing shampoo services on members of the public in a
cosmetology establishment if all of the following are met:
(a) The student is currently registered as a senior
cosmetology student at a school of cosmetology.
(b) The student has completed the 350 hours of instruction
that is required under section 1205(5)(c) and has met the academic
requirements regarding those courses in client safety, sanitation,
bacteriology, hair and scalp disorders, scalp manipulations, and
proper shampooing procedure.
(c) The cosmetology establishment that is employing the
student to perform shampoo services applies to the school of
cosmetology the student is attending, on an application form
provided by the department, for verification that the student is
currently registered as a senior cosmetology student and has
completed the 350 hours of instruction required under section
1205(5)(c).
(d) If the student is currently registered as a senior
cosmetology student and has completed the 350 hours of instruction
required under section 1205(5)(c), the school of cosmetology shall
determine if the student meets the requirements of subdivision (c)
and, if so, shall provide verification by returning a signed copy
of the application to the cosmetology establishment.
(6) An exception to subsection (1) for a student authorized to
perform shampoo services under subsection (5) expires on the
expected graduation date of the student.
(7) A cosmetology establishment that employs a student to
perform shampoo services under subsection (5) shall do all of the
following:
(a) Maintain records of the student's employment and keep the
records on file for at least 3 years after the end of the
employment relationship.
(b) Allow the department access to the records described in
subdivision (a).
(c) Post the student's approved application with the
cosmetology licenses in the establishment.
(d) Not allow the student to perform cosmetology services
other than shampoo services while employed by the establishment.
(8) As used in this section, "shampoo services" means
preparing a customer for a shampoo, or shampooing or blow-drying a
customer, for a licensed hair stylist.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No.____ (request no.
06578'16) of the 98th Legislature is enacted into law.