Bill Text: MI SB1113 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Occupations: cosmetologists; natural hair cultivation; modify definition of to include cleansing hair. Amends sec. 1201 & 1203a of 1980 PA 299 (MCL 339.1201 & 339.1203a).
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2022-11-10 - Placed On Order Of Third Reading With Substitute (s-1) [SB1113 Detail]
Download: Michigan-2021-SB1113-Introduced.html
SENATE BILL NO. 1113
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 1201 and 1203a (MCL 339.1201 and 339.1203a), section 1201 as amended by 2020 PA 20 and section 1203a as amended by 2018 PA 387.
the people of the state of michigan enact:
Sec. 1201. As used in this article:
(a) "Apprentice" means an individual who is engaged in learning cosmetology in a cosmetology establishment.
(b) "Braiding" means providing or offering to the general public for compensation any of the following services solely for development or improvement of physical qualities of the natural hair structure:
(i) Intertwining in a systematic motion to create patterns in a 3-dimensional form.
(ii) Inversion or outversion flat against the scalp along the part of a straight or curved row.
(iii) Twisting in a systematic motion.
(iv) Extension with natural or synthetic fibers.
(c) "Cosmetologist" means an individual who performs or offers to perform 1 or more cosmetology services.
(d) "Cosmetology" means performing 1 or more cosmetology services.
(e) "Cosmetology establishment" means a place of business at which 1 or more cosmetology services are offered or provided. Cosmetology establishment includes a mobile salon and a cosmetology suite. Cosmetology establishment does not include a school of cosmetology.
(f) "Cosmetology services" means any of the following:
(i) Hair care services.
(ii) Skin care services.
(iii) Manicuring services.
(iv) Electrology.
(g) "Cosmetology suite" means a room or suite located inside a licensed cosmetology establishment that is leased or rented from the owner of the cosmetology establishment for the purposes of offering or providing 1 or more cosmetology services.
(h) "Electrologist" means an individual who performs or offers to perform electrology.
(i) "Electrology" means the permanent removal of hair from the body of an individual by the use of electricity.
(j) "Esthetician" means an individual who performs or offers to perform skin care services.
(k) "Hair care services" means arranging, cutting, dressing, curling, waving, cleansing, singeing, bleaching, coloring, tinting, trimming, styling, relaxing, perming, straightening, or similar work upon the hair of the head or a wig that an individual is wearing.
(l) "Instructor" means an individual who teaches or offers to teach 1 or more cosmetology services in a school of cosmetology.
(m) "Manicuring services" means the cleansing, filing, shaping, buffing, polishing, or beautifying of the nails of the hands or feet, and the cleansing, massaging, stimulating, exercising, or beautifying of the skin of the hands, arms, and feet, manually or with the use of tools, appliances, or cosmetic preparations, including the repair of nails, or the creation or decoration of artificial nails. Manicuring services do not include the practice of podiatric medicine and podiatric surgery as defined in section 18001 of the public health code, 1978 PA 368, MCL 333.18001.
(n) "Manicurist" means an individual who performs or offers to perform manicuring services.
(o) "Mobile salon" means either of the following:
(i) A self-contained vehicle or other device that is moved, towed, or transported from 1 location to another and in which equipment used to perform 1 or more cosmetology services is installed.
(ii) A business in which equipment used to perform 1 or more cosmetology services is transported to and used on a temporary basis at a location other than the premises of the owner, including, but not limited to, any of the following:
(A) A cosmetology establishment owned by another person.
(B) A client's home.
(p) "Natural hair cultivation" means techniques that result in tension on hair strands such as twisting, wrapping, weaving, extending, locking, or braiding of the hair by hand, if that work does not include the application of dyes, reactive chemicals, or other preparations to alter the color or to straighten, curl, or alter the structure of the hair. Natural hair cultivation includes cleansing hair as described in section 1203a(4).
(q) "Natural hair culturist" means an individual who is engaged in natural hair cultivation but does not include an individual who is engaged in natural hair cultivation if that activity is performed as part of the practice of a recognized religion.
(r) "Owner" means a person who owns and conducts a cosmetology establishment or a school of cosmetology.
(s) For a mobile salon, "premises" means 1 of the following, as applicable:
(i) For a mobile salon described in subdivision (o)(i), the vehicle or other device and the equipment installed in the vehicle or device.
(ii) For a mobile salon described in subdivision (o)(ii), the equipment used to perform the cosmetology services, and the temporary location at which the equipment is used, while the equipment is at that location.
(t) "School of cosmetology" means a school that teaches 1 or more cosmetology services at a premises designated in the license application.
(u) "Skin care services" includes the following services or combination of services:
(i) Beautifying the skin of the body of an individual by the use of cosmetic preparations, antiseptics, tonics, lotions, or creams, including body wrapping.
(ii) Cleansing or stimulating the skin of the body by the use of the hands, devices, apparatus, or appliances, with or without the use of cosmetic preparations, antiseptics, tonics, lotions, or creams.
(iii) The temporary removal of hair from the body of an individual by the use of depilatories, waxes, razors, scissors, clippers, or tweezers.
(iv) Giving facials, applying removable makeup, applying eyelashes, or any other application of a preparation or beauty enhancement to the body of an individual but does not include applying permanent makeup or the use of tanning equipment.
(v) "Student" means an individual who is engaged in learning cosmetology or 1 or more cosmetology services in a school of cosmetology.
Sec. 1203a. (1) Subject to subsection (5), subsections (4) and (6), an individual shall not 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 performing the services of a barber.
(2) An individual who is licensed as a cosmetologist under this article may perform hair care services, skin care services, natural hair cultivation, and manicuring services as part of the practice of cosmetology, but shall not perform electrology unless he or she is licensed as an electrologist.
(3) The department may license an individual to perform manicuring services, natural hair cultivation, or skin care services in accordance with his or her training. An Except as otherwise provided in subsection (4), an individual who is licensed as a manicurist, natural hair culturist, or esthetician shall only perform that particular service and shall not perform any other cosmetology service unless he or she is licensed for that other cosmetology service. An individual who is licensed as a manicurist, natural hair culturist, or esthetician shall not perform electrology unless he or she is licensed as an electrologist.
(4) An individual who is licensed as a natural hair culturist may cleanse another individual's hair for the purpose of performing natural hair cultivation on that individual.
(5) (4) An individual who is licensed as an electrologist shall only perform electrology services and shall not perform any other cosmetology service unless he or she is separately licensed to perform those services.that other cosmetology service.
(6) (5) An individual who is a cosmetology student may perform shampoo services in a cosmetology establishment on members of the public without a license under this article if all of the following are met at the time the individual performs the shampooing services:
(a) Except as provided in subsection (6), (7), he or she is enrolled in a school of cosmetology.
(b) He or she has completed at least the 350 hours of instruction in the school's general cosmetology curriculum that is required under section 1205(5)(c). 1205a. The instruction must include at least the minimum number of practical applications established by the director by rule.
(c) The cosmetology establishment that is employing the individual to perform shampoo services has received written verification from the school of cosmetology the individual attends, in the form of a letter on the school's letterhead, dated and signed by the director or manager of that school, that states all of the following:
(i) The individual's full name.
(ii) That the individual is currently enrolled in the school.
(iii) That the individual meets the requirements described in subdivision (b).
(iv) His or her expected graduation date.
(7) (6) An individual who is performing shampooing services under subsection (5) (6) without a license under this article may continue to perform those services at the cosmetology establishment without a license for a period of 30 days after the date the individual is scheduled to graduate from the school of cosmetology.
(8) (7) A cosmetology establishment that employs a cosmetology student to perform shampoo services under subsection (5) (6) must 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. The records must include the verification letter described in subsection (5)(c).(6)(c).
(b) Allow the department access to the records described in subdivision (a).
(c) Ensure that the student does not perform cosmetology services other than shampoo services while employed by the establishment.
(d) Ensure that a licensed cosmetologist is present in the establishment when the student is performing shampoo services.
(9) (8) A school of cosmetology that provides a verification letter described in subsection (5)(c) (6)(c) to a cosmetology establishment must retain a copy of the letter in the student's school record for at least 3 years after the student's expected graduation date.
(10) (9) As used in this section, "shampoo services" means preparing a customer for a shampoo, or shampooing or blow-drying a customer, for a licensed cosmetologist.
