CHAPTER 217
(HB 1040)
Cosmetology practice revised.
ENTITLED, An Act to
repeal the manager license, revise the requirements for a salon license, and
revise the requirements for an instructor license with regard to the practice of cosmetology.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
36-15-1
be amended to read as follows:
36-15-1.
Terms used in this chapter mean:
(1)
"Apprentice," any person licensed by the commission to receive education through an
apprenticeship in a salon;
(2)
"Apprentice salon," any salon licensed by the commission to teach apprentices;
(3)
"Booth," any part within a licensed salon that is rented or leased for the purpose of
rendering licensed cosmetology services as a separate, independent salon business;
(4)
"Commission," the Cosmetology Commission as established and created in § 36-15-3;
(5)
"Cosmetologist," any person who, for compensation, engages in any of the practices of
cosmetology;
(6)
"Cosmetology," any one or any combination of the practices set forth in § 36-15-2;
(7)
"Demonstrator," any person licensed to practice cosmetology, nail technology, or
esthetics in this state, in another state, or in another country, who demonstrates the
various practices of cosmetology, as applicable, in order to inform or educate other
licensees or the public;
(8)
"Esthetician," any person who, for compensation, engages in the practice of esthetics,
but not in other practices of cosmetology;
(9)
"Esthetics," any one or any combination of the practices set forth in § 36-15-2.2;
(10)
"Junior instructor," any person licensed by the commission to instruct in a school
under
the direct supervision of a senior instructor
and who is enrolled in instructor education
as set forth in
§
36-15-26
;
(11)
"Manager," any person licensed by the commission to practice without supervision or
supervise a salon;
(12)
"Nail technology," any one or any combination of the practices set forth in § 36-15-17.2;
(13)
(12)
"Nail technician," any person who, for compensation, engages in the practice of
nail technology, but not in other practices of cosmetology;
(14)
(13)
"Salon," any place, premise, or building or any part of a building operated for the
purpose of engaging in the practice of cosmetology, nail technology, or esthetics,
or any combination of these practices;
(15)
(14)
"School," any place, premise, or building that is licensed by the commission to
provide education to students in the practice of cosmetology, nail technology, or
esthetics, or any combination of these practices;
(16)
(15)
"Senior instructor," any person licensed by the commission to instruct in a school
who has previous instructor education and experience and meets the
requirements set forth in
§
36-15-25
;
(17)
(16)
"Student," any person who is licensed by the commission to receive education in
a licensed school.
Section
2.
That
§
36-15-21
be repealed.
Section
3.
That
§
36-15-21.1
be repealed.
Section
4.
That
§
36-15-21.2
be repealed.
Section
5.
That
§
36-15-21.3
be repealed.
Section
6.
That
§
36-15-25
be amended to read as follows:
36-15-25.
No person may teach in a school unless that person is licensed by the commission
as an instructor. Any person may qualify and be licensed by the commission as a senior instructor
for cosmetology, nail technology, or esthetics, as applicable, upon application made to the
commission. The application shall be accompanied by satisfactory evidence that the applicant:
(1)
Possesses the qualifications required by § 36-15-15;
(2)
Has had at least two thousand hours experience as a licensed cosmetologist, nail
technician, or esthetician, as applicable, or as a junior instructor educating in
cosmetology, nail technology, or esthetics, as applicable
Currently holds a valid
cosmetologist, nail technician, or esthetician license, as applicable
;
(3)
Has complied with any instructor education as prescribed by § 36-15-26.2;
and
(4)
Currently holds a valid cosmetologist-manager, nail technician-manager, or
esthetician-manager license, as applicable
Has completed the requirements as a junior
instructor set forth in
§
36-15-26 or has at least one year of teaching experience as a
licensed instructor from another state in cosmetology, nail technology, or esthetics, as
applicable; and
(5) Has passed an examination prescribed by the commission
.
However, the applicant may receive the license conditionally, dependent on completing
instructor education
and passing the examination
as prescribed by the commission in rules adopted
pursuant to chapter 1-26.
A senior instructor with a cosmetologist
-manager
license may instruct in any practice of
cosmetology. A senior instructor with a nail technician
-manager
license may only instruct in the
practice of nail technology. A senior instructor with an esthetician
-manager
license may only
instruct in the practice of esthetics.
Section
7.
That
§
36-15-26
be amended to read as follows:
36-15-26.
Any person may qualify and be licensed by the commission as a junior instructor for
cosmetology, nail technology, or esthetics, as applicable, upon application made to the
commission. The application shall be accompanied by satisfactory evidence that such applicant:
(1)
Possesses the qualifications required by § 36-15-15;
(2)
Currently holds a valid cosmetologist, nail technician, or esthetician license, as
applicable;
(3)
Has complied with any instructor education as required by § 36-15-26.2;
and
(4)
Will be working and providing education in a licensed school in this state under the
direct and constant
supervision of a senior instructor
;
(5) Has completed at least one thousand hours salon experience as a licensed cosmetologist,
nail technician, or esthetician, as applicable; and
(6) Has passed an examination prescribed by the commission
.
However, the applicant may receive the license conditionally, dependent on completing
instructor education
and passing the examination
as prescribed by the commission in rules adopted
pursuant to chapter 1-26.
A junior instructor with a cosmetologist license may instruct in any practice of cosmetology
and shall be supervised by a senior cosmetologist instructor. A junior instructor with a nail
technician license may only instruct in the practice of nail technology and shall be supervised by
a senior cosmetologist instructor or a senior nail technician instructor. A junior instructor with an
esthetician license may only instruct in the practice of esthetics and shall be supervised by a senior
cosmetologist instructor or a senior esthetician instructor.
Section
8.
That
§
36-15-51.1
be amended to read as follows:
36-15-51.1.
If a salon or booth changes location or ownership, the
The
owner
or manager
of
the
a
salon or booth shall apply to the commission for a new license pursuant to § 36-15-51
if:
(1) A salon or booth address is changed;
(2) Sole ownership is changed;
(3) A partnership has a change in any partner; or
(4) The controlling ownership in a corporation is transferred or a corporation is reorganized
.
The application shall be accompanied by the license fee provided for in this chapter. The
commission may issue a temporary permit to the applicant which is valid for ninety days. During
that time, the commission shall inspect the premises. The owner or manager of a salon or booth
that changes location or ownership or is closed shall immediately notify the commission of that
fact.
Section
9.
That
§
36-15-53.1
be repealed.
Section
10.
That
§
36-15-60
be amended to read as follows:
36-15-60.
No person may:
(1)
Practice cosmetology
, nail technology, or esthetics
without a license;
(2)
Intentionally make any false oath or affirmation whenever an oath or affirmation is
required by this chapter or rules promulgated to this chapter;
(3)
Fail to display any license in a conspicuous place in the salon, booth, or school;
(4)
Fail to comply with the plumbing, electrical, physical, or sanitary requirements as stated
in the rules promulgated by the commission;
(5)
Charge or receive compensation for teaching an apprentice any of the practices of
cosmetology;
(6)
Operate a school without a license as provided for in this chapter;
(7)
Employ or allow any unlicensed person to perform work which under this chapter may
lawfully be done only by licensed persons;
(8)
Allow the practice of:
(a)
Cosmetology by a cosmetologist except under the immediate and constant
supervision and direction of a licensed cosmetologist-manager; or
(b)
Nail technology by a nail technician except under the immediate and constant
supervision and direction of a licensed cosmetologist-manager or a licensed nail
technician-manager; or
(c)
Esthetics by an esthetician except under the immediate and constant supervision
and direction of a licensed cosmetologist-manager or a licensed
esthetician-manager;
(9)
Operate a salon, booth, or school for any of the practices of cosmetology without having
first obtained the applicable license as provided in this chapter;
(10)
(9)
Practice any cosmetology services for which the commission requires additional
continuing education in which the education has not been completed; and
(11)
(10)
Do any act prohibited by this chapter.
A violation of this section is a Class 2 misdemeanor.
Signed February 23, 2007