HOUSE BILL NO. 4335

March 12, 2019, Introduced by Reps. Yaroch and Marino and referred to the Committee on Regulatory Reform.

"Occupational code,"

by amending sections 1110 and 1205 (MCL 339.1110 and 339.1205), section 1110 as amended by 2014 PA 137 and section 1205 as amended by 1997 PA 97.

the people of the state of michigan enact:

Sec. 1110. (1) The department shall license a barber college that meets all of the following requirements:

(a) Through its owners or managers, has applied to the department for a license.

(b) Provides Subject to subsection (6), provides an educational program requiring that requires completion of 225 hours of classroom study, demonstrations, and recitations and 1,575 hours of practical barber training.

(c) Meets the sanitation standards required of barbershops as set forth in rules promulgated by the board and determined by inspection by the department.

(d) Files and maintains a corporate surety or cash bond of $10,000.00 conditioned on the faithful performance and satisfaction of the contractual rights of students enrolled in the barber college.

(e) Employs or contracts with not fewer than 2 1 or more full-time, licensed instructors and ensures that both of the following are met:

(i) At any time classroom study or theory training is given to any number of students, at least 1 instructor is present.

(ii) If practical training occurs, there is at least 1 instructor present for every 30 students at all times.

(f) Is Except as provided in subsection (7), is completely partitioned from any other place of business or dwelling. A Except as provided in subsection (7), a person shall not conduct any other business from a barber college than the rendering of barber services and the teaching of barbering, although a barber college may sell at retail to patrons those preparations used on patrons who are receiving barbering services from students.

(g) Provides reasonable classroom facilities and other equipment for the proper instruction of students described in this subdivision and rules promulgated by the board, including 1 stationary wash basin with hot and cold running water and a connected drain for every 2 barber chairs. A barber college shall arrange its enrollment and course scheduling so that students are not required to share the use of a training station during any practical training period.

(2) Except as provided in this subsection, a student instructor may not instruct without a supervising instructor present in the room. In case of emergency, a student instructor may instruct up to 30 students, but the barber college shall provide notice of the emergency to the department in writing and ensure that an instructor is on the premises at all times. Use of a student instructor as a substitute instructor under this subsection shall not continue for more than 7 consecutive days without written approval of the department certifying the emergency circumstances.

(3) The license of a barber college is automatically revoked if there is a transfer of ownership or change of location of a barber college. The department shall not grant a new license to new owners or for a new location unless the requirements of subsection (1) are met.

(4) The classroom courses of a barber college shall include at least all of the following: scientific fundamentals for barbering; hygiene; bacteriology; histology of hair, skin, and nails; structure of the head, face, and neck, including muscles and nerves; elementary chemistry relating to sterilization and antiseptics; diseases of the skin, hair, glands, and nails; massaging and manipulating the head, face, and neck; haircutting and shaving; cosmetic therapy; arranging, styling, dressing, coloring, bleaching, curling, permanent waving, and tinting of the hair; elements of business training; and barber laws and rules of the state.

(5) The department by rule shall prescribe the number of hours of instruction a barber college is required to provide for each subject set forth in subsection (4). Each barber college shall provide a written copy of the rules to each student at the beginning of his or her instruction.

(6) For the purposes of subsection (1)(b) and section 1108(1)(c), if a student of a barber college has successfully completed hours of instruction at a state school of cosmetology that are substantially similar in content to hours of instruction included in the educational program of the barber college and the student is licensed as a cosmetologist under article 12, the barber college may allow the student to substitute those hours of substantially similar instruction for hours of instruction at the barber college. However, a barber college shall not allow a student to substitute more than 1,000 hours of substantially similar instruction from a state school of cosmetology for hours of instruction at the barber college under this subsection. The department by rule shall establish criteria for determining whether an hour of instruction at a state school of cosmetology is substantially similar to an hour of instruction at a barber college. As used in this subsection and subsection (7), "state school of cosmetology" means a school of cosmetology that is licensed under article 12.

(7) A barber college and a state school of cosmetology may occupy the same building and share facilities.

(8) (6) A barber college shall display the license of the barber college and all instructors, student instructors, and students in a prominent place visible to the public at all times. An individual's license may be displayed at the individual's work station.

Sec. 1205. (1) The department shall issue a license to a person for the operation of a school of cosmetology if all of the following requirements are met:

(a) An application is submitted by the owner or manager of the school.

(b) The application includes a drawing or diagram that indicates the premises to be licensed. , showing Except as provided in subsection (7), the drawing or diagram must show that the premises are fully partitioned from any other activity, business, or dwelling. The location of required equipment and facilities shall also be shown on the diagram.

(c) A cash or surety bond of $10,000.00 has been furnished in favor of the people of this state for the use and benefit of students and conditioned upon the faithful performance and satisfaction of the contractual rights of students.

(d) Provisions have been made for the school to be under the daily supervision of a licensed instructor who has at least 3 years' experience in all services of cosmetology being taught in the school.

(e) The premises has successfully passed an inspection by the department conducted for the purpose of determining whether the school has met the standards set forth in this article and rules promulgated by the director.

(2) A school of cosmetology shall fulfill all of the following requirements:

(a) Shall Subject to subsection (6), shall maintain a course of practical training and technical instruction, as outlined in the various curricula set forth in rules promulgated by the director, equal to the requirements for prelicensure training under this article. A school of cosmetology shall teach hair care services, skin care services, and manicuring services and may hold a limited license for the teaching of electrology. However, a school of cosmetology with a license limited only to the teaching of electrology shall teach only electrology and not any other cosmetology service.

(b) Shall possess efficient apparatus and equipment prescribed in rules promulgated by the director sufficient for the ready and full teaching of each subject in the curriculum.

(c) Shall maintain 1 person licensed as an instructor, competent to impart instruction in each subject of its curriculum, for every 20 students.

(d) Shall be operated for teaching purposes only. Instructors shall practice on the public only to demonstrate techniques to students and to correct the work of students.

(e) Shall provide for the display of the license of the school of cosmetology and of each instructor working in the school in a prominent place that is visible to the public at all times. A sign shall be displayed indicating that services are rendered by students of the school.

(f) At the time of the enrollment of a student, shall furnish the student a financial contract showing the total cost and all charges involved in the complete course of study. Advertising matter put out by schools, when mentioning the cost of tuition or related subjects, shall furnish the same financial information as described in this subsection.

(3) A cosmetology establishment exacting a fee for the teaching of cosmetology or 1 or more services of cosmetology is considered a school of cosmetology and is required to comply with this section. A cosmetology establishment conducting an apprenticeship program without charging a fee for the teaching of cosmetology shall comply with subsection (5). A cosmetology establishment which has successfully trained 1 apprentice is eligible to train additional apprentices except that a cosmetology establishment shall not have more than 2 apprentices at the same time.

(4) The department may issue a limited school of cosmetology license to a school teaching only electrology. A school of cosmetology whose license is limited to teaching only electrology shall fulfill all of the requirements of this section, except that daily supervision of the school shall be provided by an electrology instructor and the curriculum offered and equipment and facilities required shall be only those required for the teaching of electrology.

(5) A school of cosmetology or a cosmetology establishment conducting an apprenticeship program shall comply with all of the following requirements:

(a) Require that a student or apprentice be in attendance not more than 7 hours per day or not more than 40 hours per week.

(b) Keep a daily record of the attendance of each student or apprentice, a copy of which shall be sent to the department monthly, establish grades, and require a student or apprentice to pass an examination before certifying to the department that an individual has completed training.

(c) Permit a cosmetology student or apprentice to practice on the public only after completing at least 350 hours of instruction in the general cosmetology curriculum, including both theory and practical hours. A student or apprentice in a natural hair cultivation, manicuring, skin care, or electrology curriculum may practice on the public only after completing at least 1/4 of the hours required by the applicable curriculum, including both theory and practical hours.

(6) For the purposes of subsection (2)(a) and section 1207(d), if a student of a school of cosmetology has successfully completed hours of instruction at a state barber college that are substantially similar in content to hours of instruction included in the educational program of the school of cosmetology and the student is licensed as a barber under article 11, the school of cosmetology may allow the student to substitute those hours of substantially similar instruction for hours of instruction at the school of cosmetology. However, a school of cosmetology shall not allow a student to substitute more than 1,000 hours of substantially similar instruction from a state barber college for hours of instruction at the school of cosmetology under this subsection. The department by rule shall establish criteria for determining whether an hour of instruction at a state barber college is substantially similar to an hour of instruction at a school of cosmetology. As used in this subsection and subsection (7), "state barber college" means a barber college that is licensed under article 11.

(7) A school of cosmetology and a state barber college may occupy the same building and share facilities.

(8) (6) The transfer of ownership or location of a school of cosmetology voids the license. The filing of a new license application is a predicate to the change in ownership or location of a school.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.