STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

SENATE BILL 1293	By:	Ivester

AS INTRODUCED

An Act relating to cosmetology; amending 59 O.S. 2011, Sections 199.1 and 199.13, which relate to definitions and reciprocity licenses; modifying definitions; clarifying qualifications for reciprocity licenses for applicants from another state, foreign country, territory or province; authorizing reciprocity licenses for certain currently licensed and non-licensed applicants and instructors; requiring examinations for reciprocity license under certain conditions; requiring certain documents be verified as valid by certain agency; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     59 O.S. 2011, Section 199.1, is amended to read as follows:
Section 199.1.  As used in the Oklahoma Cosmetology Act:
1.  "Apprentice" means a person who is engaged in learning the practice of cosmetology in a cosmetology salon;
2.  "Board" means the State Board of Cosmetology;
3.  "Cosmetic studio" means any place or premises where demonstrators give demonstrations, without compensation, for the purpose only of advertising and selling cosmetics;
4.  "Cosmetician" means a person licensed by the Board to perform patron services limited to hair arranging and application of makeup, including, but not limited to, using hairstyling tools and products.  Services must be performed in a licensed establishment limited to photo studios and cosmetic studios;
5.  "Cosmetology" means any one or combination of practices generally and usually performed by and known as the occupation of beauticians, beauty culturists, beauty operators, cosmeticians, cosmetologists, or hairdressers or of any other person holding himself or herself out as practicing cosmetology by whatever designation and within the meaning of the Oklahoma Cosmetology Act and in or upon whatever place or premises.  Cosmetology shall include, but not be limited to, any one or combination of the following practices: bleaching, cleansing, curling, cutting, coloring, dressing, removing, singeing, styling, waving, or similar work upon the hair of any person by any means, whether with hands or mechanical or electrical apparatus or appliances.  Nothing in the Oklahoma Cosmetology Act shall be construed to prohibit the use of hands or mechanical or electrical apparatus or appliances for the nonpermanent removal of hair from the human body without puncturing of the skin or the use of cosmetic preparations, antiseptics, tonics, lotions, or creams, or massaging, cleansing, stimulating, exercising, beautifying, or similarly working the scalp, face, neck, arms, or the manicuring of the nails of any person, exclusive of such of the foregoing practices as are within the scope of practice of the healing arts as provided by law;
6.  "Cosmetology salon" means any place or premises where any of the practices of cosmetology are performed.  The term "cosmetology salon" shall not include a cosmetology school or a cosmetic studio;
7.  "Cosmetology school" means any place or premises where instruction in any or all the practices of cosmetology is given.  Any person, firm, institution or corporation, who holds himself, herself or itself out as a school to teach and train, or any person, firm, institution or corporation who shall teach and train any other person or persons in any of the practices of cosmetology is hereby declared to be engaged in operating a cosmetology school, and shall be subject to the provisions of the Oklahoma Cosmetology Act;
8.  "Demonstrator" means a person who is not licensed in this state as an operator or instructor and who demonstrates any cosmetic preparation.  The person shall be required to obtain a Demonstrator license from the Board before making any such demonstrations;
9.  "Establishment" means a place or premises, cosmetology salon, cosmetic or other specialty shop or salon where any one or combination of cosmetology practices are performed on the public, except that the term shall not include a cosmetology school;
10.  "Facial/Esthetics instructor" means a person licensed by the Board as a qualified teacher of the art and science of facial and esthetics theory and practice;
10. 11.  "Facial operator/esthetician" means any person who gives facials for compensation;
11. 12.  "Hairbraiding technician" means a person licensed by the Board to perform hairbraiding, hairweaving techniques, and hair extensions in a licensed cosmetology establishment;
12. 13.  "Manicurist" means a person who gives manicures, gives pedicures, or applies artificial nails;
13. 14.  "Manicurist/Nail technician instructor" means a person licensed by the Board as a qualified teacher of the art and science of nail technology theory and practice;
14. 15.  "Master instructor" means a person who gives instruction in cosmetology or any practices thereof;
15. 16.  "Operator" means any person who engages in, follows or performs any of the practices of cosmetology;
16. 17.  "Public school" means any state-supported institution conducting a cosmetology program; and
17. 18.  "Student" means a person who is enrolled in and attending a cosmetology school for the purpose of learning the practice of cosmetology.
SECTION 2.     AMENDATORY     59 O.S. 2011, Section 199.13, is amended to read as follows:
Section 199.13.  A.  The State Board of Cosmetology may issue a reciprocity license to an applicant from another state, territory or province, without written and practical examination to an otherwise qualified applicant if:
1.  The applicant has complied with the requirements of another state, territory or foreign country or province;
2.  The the applicant has complied with the requirements of another state, territory or province and holds a current license from a state, territory, or foreign country or province whose requirements for registration for which the license requirements are substantially equal to those in force in this state at the time of filing application for a reciprocity license; and
3.  The applicant has continuously engaged in the practices or occupation for which a reciprocity license is applied for at least three (3) years immediately prior to such application.
B.  The Board may issue a reciprocity license without written and practical examination to an otherwise qualified applicant from a state, territory or foreign country, territory or province that does not license practitioners if the:
1.  The applicant is otherwise qualified and possesses a current license issued in that foreign country, territory or province for which the license requirements are substantially equal to those in force in this state at the time of filing application for a reciprocity license; or
2.  The applicant is otherwise qualified and does not possess a current license issued in that foreign country, territory or province, but can show adequate proof of having he or she has continuously engaged in the practice or occupation for which a reciprocity license is applied for at least three (3) years immediately prior to such application.
C.  An The applicant for an instructor's from a foreign country, territory or province who is otherwise qualified, but who does not possess a current license without examination shall possess the equivalent of a high school education issued in that foreign country, territory or province shall be required to take and pass examinations, both written and practical, to be issued a reciprocity license if the applicant cannot show that he or she has been continuously engaged in the practice or occupation for which a reciprocity license is applied for at least three (3) years immediately prior to such application.
D.  The applicant applying for a reciprocity license must provide evidence that documents have been verified as valid by a creditable agency as recognized by the Board.
E.  The applicant applying for a reciprocity license as an instructor without examination shall possess the necessary qualifications and the equivalent of a high school education.
F.  Payment of the reciprocity fee shall also constitute payment of the first annual license fee.
E. G.  The Board may establish by rule any administrative or other fees associated with processing applications for licensure without examination.
SECTION 3.  This act shall become effective November 1, 2012.

53-2-2492	NP	1/18/2012 9:42:42 AM