Beauty culture professionals.
First Regular Session 118th General Assembly (2013)
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HOUSE ENROLLED ACT No. 1477
AN ACT to amend the Indiana Code concerning professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 25-1-7-3; (13)HE1477.1.1. -->
SECTION 1. IC 25-1-7-3, AS AMENDED BY P.L.226-2011,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. (a) Except as provided in
subsection
subsections (b)
and (c), the division is responsible for the investigation
of complaints concerning licensees.
(b) The medical licensing board of Indiana shall investigate a
complaint concerning a physician licensed under IC 25-22.5 and a
violation specified in IC 25-22.5-2-8. The division shall forward a
complaint concerning a physician licensed under IC 25-22.5 and a
violation specified in IC 25-22.5-2-8 to the medical licensing board of
Indiana for investigation by the board. However, if the complaint
includes a violation in addition to a violation specified in
IC 25-22.5-2-8, the division shall investigate the complaint in its
entirety and notify the medical licensing board of Indiana of the
investigation.
(c) The state board of cosmetology and barber examiners shall
investigate complaints under IC 25-8-14-5, IC 25-8-4-13,
IC 25-8-4-29, IC 25-8-9-10, IC 25-8-9-14, and IC 25-8-15.4-5. The
division shall forward a complaint concerning the practice of
beauty culture under IC 25-8 to the state board of cosmetology and
barber examiners for investigation by the state board of
cosmetology and barber examiners. However, if the complaint
includes a violation in addition to a violation specified in
IC 25-8-14-5, IC 25-8-4-13, IC 25-8-4-29, IC 25-8-9-10,
IC 25-8-9-14, and IC 25-8-15.4-5, the division shall investigate the
complaint in its entirety and notify the state board of cosmetology
and barber examiners of the investigation.
SOURCE: IC 25-8-2-2.2; (13)HE1477.1.2. -->
SECTION 2. IC 25-8-2-2.2 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 2.2. "Barber instructor" means a person licensed under
IC 25-8-6.4 to teach barbering.
SOURCE: IC 25-8-2-2.3; (13)HE1477.1.3. -->
SECTION 3. IC 25-8-2-2.3 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 2.3. "Barber school" means an establishment licensed
under IC 25-8-6.3 that offers training in barbering.
SOURCE: IC 25-8-2-2.4; (13)HE1477.1.4. -->
SECTION 4. IC 25-8-2-2.4, AS ADDED BY P.L.84-2010,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2.4. "Barber shop" "Beauty culture salon"
means an establishment licensed under IC 25-8-8.1 IC 25-8-7 that
offers barbering beauty culture to the public.
SOURCE: IC 25-8-2-2.6; (13)HE1477.1.5. -->
SECTION 5. IC 25-8-2-2.6, AS AMENDED BY P.L.84-2010,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2.6. "Beauty culture professional" refers to the
following:
(1) A cosmetologist licensed under IC 25-8-9.
(2) An electrologist licensed under IC 25-8-10.
(3) A manicurist licensed under IC 25-8-11.
(4) An esthetician licensed under IC 25-8-12.5.
(5) An instructor licensed under IC 25-8-6.
(6) A barber beauty culturist licensed under IC 25-8-12.1.
SOURCE: IC 25-8-2-2.7; (13)HE1477.1.6. -->
SECTION 6. IC 25-8-2-2.7, AS ADDED BY P.L.84-2010,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2.7. (a) "Barbering" means performing one (1) or
more of the following practices upon the head, face, or neck of a
person:
(1) Cutting, trimming, styling, arranging, dressing, curling,
permanent waving, cleansing, bleaching, tinting, coloring, or
similarly treating hair.
(2) Shaving or trimming beards and mustaches.
(3) Applying oils, creams, antiseptics, clays, powders, lotions, or
other preparations, either by hand or by mechanical appliances,
in the performance of facial or scalp massage.
(b) "Barbering" does not include performing any of the acts
described in subsection (a) when done:
(1) in treating illness or disease;
(2) as a student in a barber beauty culture school; or that
complies with the notice requirements set forth in IC 25-8-6.3; or
(3) without compensation.
SOURCE: IC 25-8-2-5; (13)HE1477.1.7. -->
SECTION 7. IC 25-8-2-5, AS AMENDED BY P.L.78-2008,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. (a) "Cosmetology" means performing any of the
following acts on the head, face, neck, shoulders, torso, arms, hands,
legs, or feet of a person:
(1) Cutting, trimming, styling, arranging, dressing, curling,
waving, permanent waving, cleansing, bleaching, tinting,
coloring, or similarly treating hair.
(2) Applying oils, creams, antiseptics, clays, lotions, or other
preparations to massage, cleanse, stimulate, manipulate, exercise,
or beautify.
(3) Arching eyebrows.
(4) Using depilatories.
(5) Manicuring and pedicuring.
(b) "Cosmetology" does not include performing any of the acts
described in subsection (a):
(1) in treating illness or disease;
(2) as a student in a cosmetology beauty culture school that
complies with the notice requirements set forth in IC 25-8-5-6;
(3) in performing shampooing operations; or
(4) without compensation.
(c) "Cosmetology" does not include performing the act of threading.
SOURCE: IC 25-8-2-6; (13)HE1477.1.8. -->
SECTION 8. IC 25-8-2-6 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 6. "Cosmetology salon" means an establishment offering
cosmetology to the public.
SOURCE: IC 25-8-2-7; (13)HE1477.1.9. -->
SECTION 9. IC 25-8-2-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 7. "Cosmetology school" "Beauty
culture school" means an establishment licensed under this article that
offers training in cosmetology. beauty culture.
SOURCE: IC 25-8-2-9.2; (13)HE1477.1.10. -->
SECTION 10. IC 25-8-2-9.2 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 9.2. "Electrology salon" means an establishment offering
electrology to the public.
SOURCE: IC 25-8-2-9.5; (13)HE1477.1.11. -->
SECTION 11. IC 25-8-2-9.5, AS AMENDED BY P.L.78-2008,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 9.5. (a) "Esthetician" means a person who engages
solely in one (1) or more of the following practices:
(1) Giving facials, applying makeup, and giving skin care.
(2) Beautifying, massaging, or cleaning the body with the use of
cosmetic preparations, antiseptics, tonics, lotions, or creams.
(3) Removing superfluous hair from the body by the use of
depilatories, waxing, or tweezers.
(b) The term does not include performing any of the acts described
in subsection (a):
(1) in treating an illness or a disease;
(2) as a student in a cosmetology beauty culture school that
complies with the notice requirements under IC 25-8-5-6;
(3) without compensation; or
(4) incident to the retail sale of cosmetics.
(c) The term does not include a person who:
(1) engages in threading; and
(2) does not engage in one (1) or more of the practices described
in subsection (a).
SOURCE: IC 25-8-2-9.6; (13)HE1477.1.12. -->
SECTION 12. IC 25-8-2-9.6 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 9.6. "Esthetic salon" means a place in which a person
acts as an esthetician.
SOURCE: IC 25-8-2-10; (13)HE1477.1.13. -->
SECTION 13. IC 25-8-2-10, AS AMENDED BY P.L.84-2010,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 10. "Instructor" means a person
(1) licensed under IC 25-8-6 to teach in a cosmetology beauty
culture school. or
(2) licensed under IC 25-8-6.4 to teach in a barber school.
SOURCE: IC 25-8-2-15; (13)HE1477.1.14. -->
SECTION 14. IC 25-8-2-15 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 15. "Manicurist salon" means an establishment offering
manicuring to the public.
SOURCE: IC 25-8-2-15.5; (13)HE1477.1.15. -->
SECTION 15. IC 25-8-2-15.5, AS ADDED BY P.L.197-2007,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 15.5. "Mobile salon" means either of the
following:
(1) A self-contained facility that may be moved, towed, or
transported from one (1) location to another and in which
cosmetology, electrology, esthetics, barbering, or manicuring is
practiced.
(2) A business in which cosmetology, electrology, esthetics,
barbering, or manicuring equipment is transported to and used
on a temporary basis at a location other than a selected salon site,
including:
(A) other cosmetology, electrology, esthetic, or manicuring
beauty culture salons;
(B) clients' homes; and
(C) nursing homes.
SOURCE: IC 25-8-3-5; (13)HE1477.1.16. -->
SECTION 16. IC 25-8-3-5, AS AMENDED BY P.L.84-2010,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. (a) Each of the members of the board must
reside in Indiana.
(b) The members of the board must meet the following
qualifications:
(1) Two (2) of the members must:
(A) possess a current cosmetologist license; and
(B) have practiced cosmetology in Indiana continuously for at
least five (5) years immediately before appointment.
(2) Two (2) of the members of the board must:
(A) possess a current barber license; and
(B) have practiced barbering in Indiana continuously for at
least five (5) years immediately before appointment.
(3) One (1) of the members must be an owner or operator of a
barber or cosmetology beauty culture school. However, the
member may not be a licensed barber or cosmetologist.
(4) One (1) of the members must be licensed as an electrologist,
an esthetician, or a manicurist.
(5) One (1) of the members must not have any association with
cosmetology or barbering, except as a consumer.
SOURCE: IC 25-8-3-23; (13)HE1477.1.17. -->
SECTION 17. IC 25-8-3-23, AS AMENDED BY P.L.84-2010,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 23. (a) The board shall adopt rules under
IC 4-22-2 to:
(1) prescribe sanitary requirements for:
(A)
cosmetology beauty culture salons;
and
(B)
electrology salons;
(C) esthetic salons;
(D) manicuring salons;
(E) cosmetology beauty culture schools;
(F) barber shops; and
(G) barber schools;
(2) establish standards for the practice of cosmetology and the
operation of:
(A)
cosmetology beauty culture salons;
and
(B) electrology salons;
(C) esthetic salons;
(D) manicuring salons;
(E) cosmetology (B) beauty culture schools;
(F) barber shops; and
(G) barber schools;
(3) implement the licensing system under this article and provide
for a staggered renewal system for licenses; and
(4) establish requirements for
cosmetology beauty culture school
uniforms for students and instructors.
(b) The board may adopt rules under IC 4-22-2 to establish the
following for the practice of cosmetology, barbering, electrology,
esthetics, or manicuring in a mobile salon:
(1) Sanitation standards.
(2) Safety requirements.
(3) Permanent address requirements at which the following are
located:
(A) Records of appointments.
(B) License numbers of employees.
(C) If applicable, the vehicle identification number of the
license holder's self-contained facility.
(4) Enforcement actions to ensure compliance with the
requirements under this article and all local laws and ordinances.
SOURCE: IC 25-8-3-26; (13)HE1477.1.18. -->
SECTION 18. IC 25-8-3-26, AS AMENDED BY P.L.84-2010,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 26. The board shall furnish each person licensed
to operate:
(1) a cosmetology beauty culture salon; or
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon;
(5) a cosmetology (2) a beauty culture school;
(6) a barber shop; or
(7) a barber school;
with a copy of the rules concerning sanitary requirements described in
section 23(a)(1) of this chapter.
SOURCE: IC 25-8-3-27; (13)HE1477.1.19. -->
SECTION 19. IC 25-8-3-27, AS AMENDED BY P.L.84-2010,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 27. A person operating:
(1) a cosmetology beauty culture salon; or
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon;
(5) a cosmetology (2) a beauty culture school;
(6) a barber shop; or
(7) a barber school;
shall post the rules described in section 26 of this chapter in a
conspicuous place in that salon or school.
SOURCE: IC 25-8-3-28; (13)HE1477.1.20. -->
SECTION 20. IC 25-8-3-28, AS AMENDED BY P.L.84-2010,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 28. (a) A member of the board or any inspector or
investigator may inspect:
(1) a cosmetology salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon;
(5) a cosmetology (2) a beauty culture school; or
(6) (3) a mobile salon;
(7) a barber shop; or
(8) a barber school;
during its regular business hours.
(b) A member of the board or any inspector or investigator may
inspect:
(1) a cosmetology beauty culture salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon;
(5) a cosmetology (2) a beauty culture school; or
(6) (3) a mobile salon;
(7) a barber shop; or
(8) a barber school;
before an initial license is issued.
SOURCE: IC 25-8-3-29; (13)HE1477.1.21. -->
SECTION 21. IC 25-8-3-29, AS ADDED BY P.L.84-2010,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 29. (a) The board may not adopt a rule
establishing different standards for an inmate or former inmate of a
penal institution who applies for:
(1) admission to barber beauty culture school; or
(2) a license as a registered barber. beauty culture professional.
(b) A person who graduates from a barber beauty culture school
operated by a penal institution may not have the person's license denied
or revoked as a result of the acts for which the person was convicted.
SOURCE: IC 25-8-3-30; (13)HE1477.1.22. -->
SECTION 22. IC 25-8-3-30 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]:
Sec. 30. (a) The board shall implement a program to
investigate and assess a civil penalty of not more than five hundred
dollars ($500) against a licensee under this article for the following
violations:
(1) Violation of this article under IC 25-8-14-5.
(2) Failure to display a license required under IC 25-8-4-13.
(3) Failure to continue to meet the licensure requirements
under IC 25-8-4-29.
(4) Engaging in beauty culture outside a beauty culture salon
under IC 25-8-9-14.
(5) Operating a tanning facility without a license under
IC 25-8-15.4-5.
(b) An individual who is investigated by the board and found by
the board to have committed a violation specified in subsection (a)
may appeal the determination made by the board in accordance
with IC 4-21.5.
(c) The state board of cosmetology and barber examiners
compliance fund is established to provide funds for administering
and enforcing the investigation of violations specified in subsection
(a). The fund shall be administered by the Indiana professional
licensing agency.
(d) The expenses of administering the state board of
cosmetology and barber examiners compliance fund shall be paid
from the money in the fund. The fund consists of penalties collected
through investigations and assessments by the board concerning
violations specified in subsection (a).
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that
accrues from these investments shall be deposited in the fund.
(f) Except as otherwise provided in this subsection, money in the
fund at the end of a state fiscal year does not revert to the state
general fund. If the total amount in the fund exceeds seven hundred
fifty thousand dollars ($750,000) at the end of a state fiscal year
after payment of all claims and expenses, the amount that exceeds
seven hundred fifty thousand dollars ($750,000) reverts to the state
general fund.
SOURCE: IC 25-8-4-1; (13)HE1477.1.23. -->
SECTION 23. IC 25-8-4-1, AS AMENDED BY P.L.84-2010,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. The provisions of this article requiring a person
to obtain a license do not apply to a person performing cosmetology as
a:
(1) student in a barber beauty culture school;
(2) commissioned medical or surgical officer of the United States
armed forces;
(3) chiropractor (as defined by IC 25-10-1-1(2));
(4) embalmer (as defined by IC 25-15-2-8);
(5) funeral director (as defined by IC 25-15-2-12);
(6) registered nurse (as defined by IC 25-23-1-1.1(a));
(7) licensed practical nurse (as defined by IC 25-23-1-1.2);
(8) physician (as defined by IC 25-22.5-1-1.1(g));
(9) podiatrist (as defined by IC 25-29-1-13); or
(10) person conducting an educational activity involving
cosmetology beauty culture at a scheduled meeting of an
association that:
(A) recognizes a group of its members as cosmetologists;
beauty culture professionals; and
(B) is not open to persons who are not licensed under this
chapter. or
(11) student in a cosmetology school.
SOURCE: IC 25-8-4-4; (13)HE1477.1.24. -->
SECTION 24. IC 25-8-4-4, AS AMENDED BY P.L.84-2010,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. A license issued under this article may not be
transferred unless:
(1) the license is a cosmetology beauty culture salon or barber
shop license; and
(2) the person holding the license was required to change the
location of the cosmetology salon or barber shop by
circumstances that the board determines were beyond the control
of that person.
SOURCE: IC 25-8-4-7; (13)HE1477.1.25. -->
SECTION 25. IC 25-8-4-7, AS AMENDED BY P.L.84-2010,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7. (a) Each applicant must pass a final practical
demonstration examination of the acts permitted by the license. The
applicant's cosmetology school or barber beauty culture school shall
administer the final practical demonstration examination.
(b) The board shall conduct a written examination of the students
enrolled in beauty culture school or applicants for a cosmetologist
license and a barber beauty culture professional license. at least once
each month. The board shall conduct a written examination of the
applicants for all other licenses issued under this article at least four (4)
times each year. The written examinations described in this section:
(1) shall be conducted at the times and places determined by the
board; and
(2) may be administered through computer based testing;
(3) may be conducted before graduation from beauty culture
school; and
(4) shall be conducted at times set by the board.
SOURCE: IC 25-8-4-8; (13)HE1477.1.26. -->
SECTION 26. IC 25-8-4-8, AS AMENDED BY P.L.84-2010,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 8. The examinations described in section 7 of this
chapter must include:
(1) a practical demonstration of the acts permitted by the license;
and
(2) a written test concerning the licensed activity, as it is
customarily taught in a cosmetology school or barber beauty
culture school.
SOURCE: IC 25-8-4-11; (13)HE1477.1.27. -->
SECTION 27. IC 25-8-4-11, AS AMENDED BY P.L.84-2010,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 11. A person who holds a cosmetology school
license or a barber beauty culture school license shall display a sign
that complies with standards prescribed by the board on the premises
of that establishment indicating that the establishment is a cosmetology
school or barber beauty culture school licensed under this article.
SOURCE: IC 25-8-4-13; (13)HE1477.1.28. -->
SECTION 28. IC 25-8-4-13, AS AMENDED BY P.L.84-2010,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 13. A person who holds any license issued under
this chapter except the licenses described in section 11 of this chapter
shall display the license in a conspicuous place in that person's work
area in the cosmetology beauty culture salon, or cosmetology beauty
culture school barber shop, or barber school where the person is
employed. The license must be clearly visible to a customer of that
person who is present in the licensed person's work area.
SOURCE: IC 25-8-4-17; (13)HE1477.1.29. -->
SECTION 29. IC 25-8-4-17, AS AMENDED BY P.L.84-2010,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 17. (a) Except for an instructor license issued
under subsection (d) (c) or IC 25-8-6-1, or IC 25-8-6.4, a license issued
under this article expires on a date specified by the licensing agency
under IC 25-1-6-4 and expires four (4) years after the initial expiration
date.
(b) A license issued to an instructor under IC 25-8-6-1 or
IC 25-8-6.4 expires at the time that the instructor's practitioner license
expires. The board shall renew an instructor's license under this
subsection concurrently with the instructor's practitioner license.
(c) Except as provided in IC 25-8-9-11, a person who holds a license
under this article may apply for renewal.
(d) (c) Initial provisional licenses are valid for a length of time
determined by the board, but not to exceed two (2) years.
SOURCE: IC 25-8-4-21; (13)HE1477.1.30. -->
SECTION 30. IC 25-8-4-21, AS AMENDED BY P.L.105-2008,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 21. (a)
Except as provided in IC 25-8-9-11, The
board may, upon application, reinstate a license under this article that
has been expired for not more than three (3) years if the person holding
the license meets the requirements of IC 25-1-8-6(c).
(b) The board may not reinstate a license issued under this article if
the person holding the license does not apply for reinstatement not
more than three (3) years after the expiration date of the license, unless
the person holding the license meets the requirements for reinstatement
under IC 25-1-8-6(d).
SOURCE: IC 25-8-5-1; (13)HE1477.1.31. -->
SECTION 31. IC 25-8-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. The board may issue
a license under this article to operate a cosmetology beauty culture
school.
SOURCE: IC 25-8-5-2; (13)HE1477.1.32. -->
SECTION 32. IC 25-8-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. A person must file
a verified application for a cosmetology beauty culture school license
with the board on a form prescribed by the board to obtain that license.
SOURCE: IC 25-8-5-3; (13)HE1477.1.33. -->
SECTION 33. IC 25-8-5-3, AS AMENDED BY P.L.197-2007,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. The application described in section 2 of this
chapter must state that:
(1) as a requirement for graduation, the proposed school will
require its students to successfully complete at least the one
thousand five hundred (1,500) hours of course work required to
be eligible to sit for the licensing examination;
(2) no more than ten (10) hours of course work may be taken by
a student during one (1) day;
(3) the course work will instruct the students in all theories and
practical application of the students' specific course of study;
(4) the school will provide one (1) instructor for each twenty (20)
students or any fraction of that number;
(5) the school will be operated under the personal supervision of
a licensed cosmetologist beauty culture instructor;
(6) the person has obtained any building permit, certificate of
occupancy, or other planning approval required under IC 22-15-3
and IC 36-7-4 to operate the school;
(7) the school, if located in the same building as a residence, will:
(A) be separated from the residence by a substantial floor to
ceiling partition; and
(B) have a separate entry;
(8) as a requirement for graduation, the proposed school must
(A) administer and
(B) require the student to pass:
(A) a final practical demonstration examination of the acts
permitted by the license; and
(B) the written examination required under IC 25-8-4-7(b).
(9) the applicant has paid the fee set forth in IC 25-8-13-3.
SOURCE: IC 25-8-5-4; (13)HE1477.1.34. -->
SECTION 34. IC 25-8-5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. The board may adopt
rules under IC 4-22-2 requiring that the curriculum offered by a
cosmetology beauty culture school licensed under this chapter provide
a minimum number of hours of instruction of each of the subjects
described in section 3(3) of this chapter.
SOURCE: IC 25-8-5-4.2; (13)HE1477.1.35. -->
SECTION 35. IC 25-8-5-4.2, AS AMENDED BY P.L.78-2008,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4.2. (a) A cosmetology beauty culture school
licensed under this chapter shall require each student for graduation to
pass a final examination that tests the student's practical knowledge of
the curriculum studied.
(b) The board shall consider an applicant for the beauty culture
professional examination as fulfilling the practical examination
requirement established by IC 25-8-4-8(1) after successfully
completing the final practical demonstration examination.
(c) A passing score of at least seventy-five percent (75%) is required
on the final practical demonstration examination.
(d) The cosmetology beauty culture school licensed under this
chapter shall allow each student for graduation at least three (3)
attempts to pass the final practical demonstration examination.
(e) The board may monitor the administration of the final practical
demonstration examination for any of the following purposes:
(1) As a result of a complaint received.
(2) As part of random observations.
(3) To collect data.
SOURCE: IC 25-8-5-4.5; (13)HE1477.1.36. -->
SECTION 36. IC 25-8-5-4.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4.5. (a) If a student in
a cosmetology beauty culture school presents to the school a valid
license issued by the board, the school shall accept and provide credit
toward the student's current program for the hours completed in a
cosmetology beauty culture school in the theory and demonstration,
or actual practice, of any of the following subjects:
(1) Electricity (basic electricity).
(2) Facials.
(3) Hair coloring (color rinses).
(4) Hair removal.
(5) Makeup.
(6) Manicuring.
(7) Pedicuring.
(8) Salesmanship (salesmanship and marketing).
(9) Sanitation (infection control or bacteriology).
(10) Scalp treatment.
(11) Skin (skin care).
(12) Shampooing (shampoo rinsing).
(13) Hair coloring (weekly rinses).
(14) Cutting, trimming, styling, arranging, dressing, curling,
permanent waving, cleansing, bleaching, tinting, coloring, or
similarly treating hair.
(14) (15) Other areas as determined by the board.
(b) The school shall credit the appropriate subject areas on a
student's transcript for the hours transferred under subsection (a).
(c) A student may not transfer any hours of credit above the amount
required in each subject area under the student's current program.
(d) The student may receive credit for the number of hours that the
student's current program requires in the subject areas covered by the
student's license, even if the number of hours required under the
current program is greater than the actual number of hours completed
when the student's license was earned.
SOURCE: IC 25-8-5-5; (13)HE1477.1.37. -->
SECTION 37. IC 25-8-5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) A cosmetology
beauty culture school licensed under this chapter shall display a sign
complying with standards established by the board at each entrance to
the cosmetology beauty culture school used by the school's customers.
(b) The sign must state that the students of the school are
performing cosmetology beauty culture in that establishment.
SOURCE: IC 25-8-5-6; (13)HE1477.1.38. -->
SECTION 38. IC 25-8-5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. A cosmetology
beauty culture school licensed under this chapter may not display a
sign listing the prices charged for services at the cosmetology beauty
culture school unless:
(1) the cosmetology beauty culture school displays the sign
required under section 5 of this chapter; or
(2) the price list sign described in this section is only visible
inside the school.
SOURCE: IC 25-8-6-1; (13)HE1477.1.39. -->
SECTION 39. IC 25-8-6-1, AS AMENDED BY P.L.197-2007,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. The board may license a person to be a beauty
culture an instructor.
SOURCE: IC 25-8-6-2; (13)HE1477.1.40. -->
SECTION 40. IC 25-8-6-2, AS AMENDED BY P.L.197-2007,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. A person must file a verified application for a
beauty culture an instructor license with the board. The application
must be made on a form prescribed by the board.
SOURCE: IC 25-8-6-3; (13)HE1477.1.41. -->
SECTION 41. IC 25-8-6-3, AS AMENDED BY P.L.197-2007,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. The application described in section 2 of this
chapter must state that the applicant:
(1) is at least eighteen (18) years of age;
(2) has graduated from high school or received the equivalent of
a high school education;
(3) holds a cosmetologist, an electrologist, a manicurist, a barber,
or an esthetician license issued under this article;
(4) has completed the education and experience requirements
subject to the rules adopted by the board;
(5) has not committed an act for which the applicant could be
disciplined under IC 25-8-14;
(6) has received a satisfactory grade (as described in IC 25-8-4-9)
on an examination for instructor license applicants prescribed by
the board; and
(7) has paid the fee set forth in IC 25-8-13-4 for the issuance of a
license under this chapter.
SOURCE: IC 25-8-6-4; (13)HE1477.1.42. -->
SECTION 42. IC 25-8-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. If a person does not
receive a satisfactory grade on the examination described in section
3(6) of this chapter, that person may repeat the examination subject to
the rules governing the examination adopted by the board. without
completing any additional study in instructing.
SOURCE: IC 25-8-6-5; (13)HE1477.1.43. -->
SECTION 43. IC 25-8-6-5 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 5. If a person does not receive a satisfactory grade on the
examination described in section 4 of this chapter, the board may:
(1) refuse to permit the person to take the examination again; or
(2) permit the person to take the examination again subject to the
rules governing the examination adopted by the board.
SOURCE: IC 25-8-6-6; (13)HE1477.1.44. -->
SECTION 44. IC 25-8-6-6, AS ADDED BY P.L.197-2007,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6. A person who obtains
a license as a beauty
culture an instructor
license may provide instruction in the following:
(1) Cosmetology, if the person
(A) holds a cosmetologist license under IC 25-8-9.
and
(B) has actively practiced cosmetology for at least six (6)
months in a cosmetology salon and subsequently successfully
completed at least six (6) months of instruction in theory and
practice of instructor training as a student in a cosmetology
school.
(2) Electrology, if the person holds an electrologist license under
IC 25-8-10.
(3) Manicuring, if the person holds a manicurist license under
IC 25-8-11.
(4) Esthetics, if the person holds an esthetician license under
IC 25-8-12.5.
(5) Barbering, if the person holds a barber license under
IC 25-8-12.1.
SOURCE: IC 25-8-6.3; (13)HE1477.1.45. -->
SECTION 45. IC 25-8-6.3 IS REPEALED [EFFECTIVE JULY 1,
2013]. (Barber School Licenses).
SOURCE: IC 25-8-6.4; (13)HE1477.1.46. -->
SECTION 46. IC 25-8-6.4 IS REPEALED [EFFECTIVE JULY 1,
2013]. (Barber Instructor Licenses).
SOURCE: IC 25-8-7-1; (13)HE1477.1.47. -->
SECTION 47. IC 25-8-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. The board may issue
a license under this article to operate a cosmetology beauty culture
salon.
SOURCE: IC 25-8-7-2; (13)HE1477.1.48. -->
SECTION 48. IC 25-8-7-2, AS AMENDED BY P.L.197-2007,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. A person who wishes to obtain a cosmetology
beauty culture salon license must:
(1) do one (1) or more of the following:
(A) Select a site for the salon which, if located in the same
building as a residence:
(i) is separated from the residence by a substantial floor to
ceiling partition; and
(ii) has a separate entry.
(B) Meet the requirements for a mobile salon as established by
the board under IC 25-8-3-23(b);
(2) if applicable, obtain any building permit, certificate of
occupancy, or other approval action required under IC 22-15-3
and IC 36-7-4 to operate the cosmetology beauty culture salon;
(3) install the furnishings, if applicable, and obtain the salon
equipment required under rules adopted by the board; and
(4) submit a verified statement on a form prescribed by the board
that the cosmetology beauty culture salon will be under the
personal supervision of a person who has at least six (6) months
active experience as a cosmetologist under IC 25-8-9 is licensed
as a beauty culture professional before the application was
submitted under this chapter.
SOURCE: IC 25-8-7-3; (13)HE1477.1.49. -->
SECTION 49. IC 25-8-7-3 IS REPEALED [EFFECTIVE JULY 1,
2013].
Sec. 3. The requirement for a cosmetologist license under
section 2(4) of this chapter may be waived by the board if:
(1) the applicant submits a verified petition for the waiver on a
form prescribed by the board which:
(A) states the reasons for requesting the waiver; and
(B) is signed by two (2) persons who know the applicant and
are familiar with the facts set forth in the petition; and
(2) the board determines that the requirement would result in
extreme hardship to the applicant if enforced.
SOURCE: IC 25-8-7-5; (13)HE1477.1.50. -->
SECTION 50. IC 25-8-7-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. If:
(1) the board cannot determine whether an applicant has complied
with section 2 of this chapter at the time the application is filed;
and
(2) the board determines that the board will require more than
fifteen (15) days to determine if the applicant has complied with
section 2 of this chapter;
then the board shall issue a temporary cosmetology beauty culture
salon license to the applicant.
SOURCE: IC 25-8-7-7; (13)HE1477.1.51. -->
SECTION 51. IC 25-8-7-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. The board may not
require a cosmetologist beauty culture professional to obtain a license
under this chapter if the cosmetologist beauty culture professional
has leased or subleased a portion of a cosmetology beauty culture
salon from a person licensed under this chapter.
SOURCE: IC 25-8-7-8; (13)HE1477.1.52. -->
SECTION 52. IC 25-8-7-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. (a) A person holding
a license issued under IC 25-8-7 IC 25-8-7.1, IC 25-8-7.2, or
IC 25-8-12.6 shall display a sign complying with standards prescribed
by the board at the main public entrance to the salon.
(b) The sign must:
(1) be clearly visible to a customer entering the establishment at
that entrance; and
(2) state in legible printing that the establishment is a structure
licensed as one (1) of the following:
(A) Cosmetology salon.
(B) Electrology salon.
(C) Manicuring salon.
(D) Esthetic salon.
a beauty culture salon.
SOURCE: IC 25-8-7.1; (13)HE1477.1.53. -->
SECTION 53. IC 25-8-7.1 IS REPEALED [EFFECTIVE JULY 1,
2013]. (Manicurist Salon Licenses).
SOURCE: IC 25-8-7.2; (13)HE1477.1.54. -->
SECTION 54. IC 25-8-7.2 IS REPEALED [EFFECTIVE JULY 1,
2013]. (Electrology Salon Licenses).
SOURCE: IC 25-8-8.1; (13)HE1477.1.55. -->
SECTION 55. IC 25-8-8.1 IS REPEALED [EFFECTIVE JULY 1,
2013]. (Barber Shop Licenses).
SOURCE: IC 25-8-9-3; (13)HE1477.1.56. -->
SECTION 56. IC 25-8-9-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. The application
described in section 2 of this chapter must state that the applicant:
(1) is at least eighteen (18) years of age;
(2) has successfully completed the tenth grade or received the
equivalent of tenth grade education;
(3) has graduated from a cosmetologist program in a cosmetology
beauty culture school;
(4) has received a satisfactory grade (as defined by IC 25-8-4-9)
on an examination for cosmetologist license applicants prescribed
by the board;
(5) has not committed an act for which the applicant could be
disciplined under IC 25-8-14; and
(6) has paid the fee set forth in IC 25-8-13-7 for the issuance of a
license under this chapter.
SOURCE: IC 25-8-9-6; (13)HE1477.1.57. -->
SECTION 57. IC 25-8-9-6 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 6. If a person does not receive a satisfactory grade on the
repeat examination described in section 5 of this chapter, the board
may:
(1) refuse to permit the person to take the examination again; or
(2) permit the person to take the examination again, subject to the
rules governing the examination adopted by the board.
SOURCE: IC 25-8-9-7; (13)HE1477.1.58. -->
SECTION 58. IC 25-8-9-7 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 7. The board may issue a temporary work permit to practice
cosmetology, electrology, esthetics, or manicuring.
SOURCE: IC 25-8-9-8; (13)HE1477.1.59. -->
SECTION 59. IC 25-8-9-8 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 8. A person must file a verified application for a temporary:
(1) cosmetologist work permit;
(2) electrologist work permit;
(3) esthetician work permit; or
(4) manicurist work permit;
with the board on a form prescribed by the board to obtain that work
permit.
SOURCE: IC 25-8-9-9; (13)HE1477.1.60. -->
SECTION 60. IC 25-8-9-9 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 9. (a) The temporary cosmetologist work permit application
described in section 8 of this chapter must state that the applicant:
(1) will practice cosmetology under the supervision of a
cosmetologist; and
(2) has filed an application under:
(A) section 2 of this chapter, but has not taken the examination
described by section 3(4) of this chapter; or
(B) IC 25-8-4-2 and is awaiting a board determination.
(b) The temporary electrologist work permit application described
in section 8 of this chapter must state that the applicant:
(1) will practice electrology under the supervision of an
electrologist; and
(2) has filed an application under:
(A) IC 25-8-10-2, but has not taken the examination described
in IC 25-8-10-3(3); or
(B) IC 25-8-4-2 and is awaiting a board determination.
(c) The temporary esthetician work permit application described in
section 8 of this chapter must state that the applicant:
(1) will practice esthetics under the supervision of an esthetician
or cosmetologist; and
(2) has filed an application under:
(A) IC 25-8-12.5-3, but has not taken the examination
described in IC 25-8-12.5-4(4); or
(B) IC 25-8-4-2 and is awaiting a board determination.
(d) The temporary manicurist work permit application described in
section 8 of this chapter must state that the applicant:
(1) will practice manicuring under the supervision of a
cosmetologist or manicurist; and
(2) has filed an application under:
(A) IC 25-8-11-3, but has not taken the examination described
in IC 25-8-11-4(4); or
(B) IC 25-8-4-2 and is awaiting a board determination.
SOURCE: IC 25-8-9-10; (13)HE1477.1.61. -->
SECTION 61. IC 25-8-9-10 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 10. (a) Except when held by an applicant who has filed an
application under IC 25-8-4-2, a temporary work permit issued under
section 7 of this chapter expires:
(1) three (3) months after the date of issuance; or
(2) thirty (30) days after the license holder takes the applicable
examination;
whichever occurs first.
(b) A temporary work permit held by a license applicant who has
filed an application under IC 25-8-4-2 expires thirty (30) days after the
board's approval of the applicant's application. If the application for
licensure is denied, the applicant's temporary work permit expires five
(5) days after the board's decision.
SOURCE: IC 25-8-9-11; (13)HE1477.1.62. -->
SECTION 62. IC 25-8-9-11 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 11. The board may not renew or reinstate a license issued
under section 7 of this chapter.
SOURCE: IC 25-8-9-12; (13)HE1477.1.63. -->
SECTION 63. IC 25-8-9-12 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 12. The board may not grant a person more than one (1)
license under section 7 of this chapter.
SOURCE: IC 25-8-9-13; (13)HE1477.1.64. -->
SECTION 64. IC 25-8-9-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 13. A person licensed
under this chapter may not engage in cosmetology in a cosmetology
beauty culture in a beauty culture school except as part of student
instruction.
SOURCE: IC 25-8-9-14; (13)HE1477.1.65. -->
SECTION 65. IC 25-8-9-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 14. A person licensed
under this chapter may not engage in cosmetology beauty culture
outside a cosmetology beauty culture salon unless that person:
(1) has the permission of a person who holds a cosmetology salon
license and:
(A) employs the person licensed under this chapter; or
(B) leases or subleases a portion of a salon to the person
licensed under this chapter; and
(2) complies with any other practice restrictions regarding this
section established by the board.
SOURCE: IC 25-8-10-3; (13)HE1477.1.66. -->
SECTION 66. IC 25-8-10-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. The application
described in section 2 of this chapter must state that the applicant:
(1) holds a cosmetologist license issued under IC 25-8-9 or an
esthetician license issued under IC 25-8-12.5;
(2) has successfully completed three hundred (300) hours of
instruction in electrology in a cosmetology school; the education
and experience requirements under the rules adopted by the
board in the instruction of electrology in a beauty culture
school.
(3) has received a satisfactory grade (as defined by IC 25-8-4-9)
on an examination for electrologist license prescribed by the
board;
(4) has not committed an act for which the applicant could be
disciplined under IC 25-8-14; and
(5) has paid the fee set forth in IC 25-8-13-8 for the issuance of a
license under this chapter.
SOURCE: IC 25-8-10-3.1; (13)HE1477.1.67. -->
SECTION 67. IC 25-8-10-3.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 3.1. If a person does not receive
a satisfactory grade on the examination described in section 3(3) of
this chapter, the person may repeat the examination without
completing any additional study in electrology.
SOURCE: IC 25-8-11-4; (13)HE1477.1.68. -->
SECTION 68. IC 25-8-11-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. The application
described in section 3 of this chapter must state that the applicant:
(1) is at least eighteen (18) years of age;
(2) has successfully completed the eighth grade or received the
equivalent of an eighth grade education;
(3) has graduated from a manicurist program in a cosmetology
beauty culture school;
(4) has received a satisfactory grade (as defined by IC 25-8-4-9)
on an examination for manicurist license applicants prescribed by
the board;
(5) has not committed an act for which the applicant could be
disciplined under IC 25-8-14; and
(6) has paid the fee set forth in IC 25-8-13-9 for the issuance of a
license under this chapter.
SOURCE: IC 25-8-11-5; (13)HE1477.1.69. -->
SECTION 69. IC 25-8-11-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. If a person does not
receive a satisfactory grade on the examination described in section
4(4) of this chapter, the person may repeat the examination subject to
the rules governing the examination that are adopted by the board.
without completing any additional study in manicuring.
SOURCE: IC 25-8-11-6; (13)HE1477.1.70. -->
SECTION 70. IC 25-8-11-6 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 6. If a person does not receive a satisfactory grade on the
repeat examination described in section 5 of this chapter, the board
may:
(1) refuse to permit that person to take the examination again; or
(2) permit the person to take the examination again, subject to the
rules governing the examination adopted by the board.
SOURCE: IC 25-8-12.1-3; (13)HE1477.1.71. -->
SECTION 71. IC 25-8-12.1-3, AS ADDED BY P.L.84-2010,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. The application described in section 2 of this
chapter must state that the applicant:
(1) is either:
(A) at least eighteen (18) years of age; or
(B) at least seventeen (17) years of age and is a graduate of an
accredited high school;
(2) has graduated
from an approved barber school with not less
than one thousand five hundred (1,500) hours of training
in a
barber program in a beauty culture school;
(3) has received a satisfactory grade of at least seventy-five
percent (75%) on an examination for barber license applicants
prescribed by the board;
(4) has not committed an act that could subject the applicant to
discipline under IC 25-1-11; and
(5) has paid the fee set forth in IC 25-8-13 for the issuance of a
license under this chapter.
SOURCE: IC 25-8-12.1-4; (13)HE1477.1.72. -->
SECTION 72. IC 25-8-12.1-4, AS ADDED BY P.L.84-2010,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. (a) If a person does not receive a satisfactory
grade on the examination described in IC 25-8-4-7, that person may
repeat the examination subject to the rules governing the examination
adopted by the board. without completing any additional study in
barbering.
(b) If a person does not receive a satisfactory grade on the
examination described in subsection (a), the board may:
(1) refuse to permit the person to take the examination again; or
(2) permit the person to take the examination again subject to the
rules governing the examination adopted by the board.
SOURCE: IC 25-8-12.1-5; (13)HE1477.1.73. -->
SECTION 73. IC 25-8-12.1-5, AS ADDED BY P.L.84-2010,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. A person licensed under this chapter may not
engage in barbering in a barber beauty culture school except as part
of student instruction.
SOURCE: IC 25-8-12.1-6; (13)HE1477.1.74. -->
SECTION 74. IC 25-8-12.1-6, AS ADDED BY P.L.84-2010,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6. A person licensed under this chapter may not
engage in barbering outside a barber shop beauty culture salon unless
the person:
(1) has the permission of a person who holds a barber shop
beauty culture salon license and:
(A) employs; or
(B) leases or subleases a part of a shop to;
the person licensed under this chapter; and
(2) complies with any other practice restrictions established by
the board under this chapter.
SOURCE: IC 25-8-12.1-7; (13)HE1477.1.75. -->
SECTION 75. IC 25-8-12.1-7 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 7. The board may issue a temporary work permit to
practice barbering.
SOURCE: IC 25-8-12.1-8; (13)HE1477.1.76. -->
SECTION 76. IC 25-8-12.1-8 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 8. A person must file a verified application with the
board on a form prescribed by the board to obtain a temporary work
permit.
SOURCE: IC 25-8-12.1-9; (13)HE1477.1.77. -->
SECTION 77. IC 25-8-12.1-9 IS REPEALED [EFFECTIVE JULY
1, 2013].
Sec. 9. The application described in section 8 of this chapter
must state that the applicant will practice barbering under the
supervision of a barber, and:
(1) has filed an application under section 2 of this chapter, but has
not taken the examination described in IC 25-8-4-7; or
(2) has filed an application under IC 25-8-4-2(g) and is awaiting
board determination as described in IC 25-8-4-2(g).
SOURCE: IC 25-8-12.1-10; (13)HE1477.1.78. -->
SECTION 78. IC 25-8-12.1-10 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 10. (a) Except when held by a barber applicant who has
filed an application under IC 25-8-4-2(g), a work permit issued under
section 7 of this chapter expires:
(1) three (3) months after the date of issuance; or
(2) thirty (30) days after the permit holder takes the examination
described in IC 25-8-4-7;
whichever occurs first.
(b) A work permit held by a barber license applicant who has filed
an application under IC 25-8-4-2(g) expires thirty (30) days after board
determination as described in IC 25-8-4-2(g).
SOURCE: IC 25-8-12.1-11; (13)HE1477.1.79. -->
SECTION 79. IC 25-8-12.1-11 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 11. The board may not:
(1) renew or reinstate a work permit; or
(2) grant a person more than one (1) work permit;
issued under section 7 of this chapter.
SOURCE: IC 25-8-12.5-5; (13)HE1477.1.80. -->
SECTION 80. IC 25-8-12.5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. If a person does not
receive a satisfactory grade on the examination described in section
4(a)(4) 4(4) of this chapter, the person may repeat the examination
subject to the rules governing the examination that are adopted by the
board. without completing any additional study in esthetics.
SOURCE: IC 25-8-12.5-6; (13)HE1477.1.81. -->
SECTION 81. IC 25-8-12.5-6 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 6. If a person does not receive a satisfactory grade on the
repeat examination described in section 5 of this chapter, the board
may:
(1) refuse to permit the person to take the examination again; or
(2) permit the person to take the examination again, subject to the
rules governing the examination adopted by the board.
SOURCE: IC 25-8-12.6; (13)HE1477.1.82. -->
SECTION 82. IC 25-8-12.6 IS REPEALED [EFFECTIVE JULY 1,
2013]. (Esthetician Shop License).
SOURCE: IC 25-8-13-2; (13)HE1477.1.83. -->
SECTION 83. IC 25-8-13-2, AS AMENDED BY P.L.84-2010,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. The board may not charge a fee for
(1) transferring a
cosmetology beauty culture salon license under
IC 25-8-4-4.
barber shop license under IC 25-8-8.1; or
(2) issuing a temporary license to practice cosmetology under
IC 25-8-7-6 or a temporary work permit to practice barbering
under IC 25-8-12.1-7.
SOURCE: IC 25-8-13-3; (13)HE1477.1.84. -->
SECTION 84. IC 25-8-13-3, AS AMENDED BY P.L.84-2010,
SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. (a) The board shall charge a fee established by
the board under IC 25-1-8-2 for an application to issue or renew a
cosmetology school or barber beauty culture school license.
(b) The board shall charge a fee established under IC 25-1-8-6 for
reinstating a cosmetology school or barber beauty culture school
license.
SOURCE: IC 25-8-13-5; (13)HE1477.1.85. -->
SECTION 85. IC 25-8-13-5, AS AMENDED BY P.L.84-2010,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. (a) The board shall charge a fee established by
the board under IC 25-1-8-2 for issuing or renewing
(1) a cosmetology beauty culture salon license.
(2) an electrology salon license;
(3) an esthetic salon license;
(4) a manicurist salon license; or
(5) a barber shop license.
(b) The board shall charge a fee established under IC 25-1-8-6 for
reinstating
(1) a cosmetology beauty culture salon license.
(2) an electrology salon license;
(3) an esthetic salon license;
(4) a manicurist salon license; or
(5) a barber shop license.
SOURCE: IC 25-8-14-6; (13)HE1477.1.86. -->
SECTION 86. IC 25-8-14-6, AS AMENDED BY P.L.84-2010,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6. (a) A person who:
(1) is a cosmetologist, a manicurist, an electrologist, an
esthetician, a barber, or an instructor; and
(2) knowingly performs any act authorized by a license issued
under this article while the person has an infectious, a contagious,
or a communicable disease that has been epidemiologically
demonstrated to be transmitted through casual contact;
commits a Class C infraction.
(b) A person who knowingly attends a
cosmetology school or a
barber beauty culture school as a student while the person has an
infectious, a contagious, or a communicable disease that has been
epidemiologically demonstrated to be transmitted through casual
contact commits a Class C infraction.
HEA 1477 _ Concur
Figure
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