Bill Text: WV HB2777 | 2016 | Regular Session | Introduced

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Bill Title: Relating to licensing of barbers, cosmetologists, and hairstylists, and revising the membership requirements of the Board of Barbers and Cosmetologists

Spectrum: Moderate Partisan Bill (Republican 8-2)

Status: (Introduced - Dead) 2016-01-13 - To House Government Organization [HB2777 Detail]

Download: West_Virginia-2016-HB2777-Introduced.html

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West Virginia Legislature

2016 Regular Session

Introduced

H. B. 2777

2015 Carryover

(By Delegates Faircloth, Ihle, Hill, Kessinger, Stansbury, Hamrick, Hartman, Ferro, Zatezalo, and Blair)

[Originating in the Committee on Government Organization.]

 

[January 13,2016]

 

 

A BILL to amend the Code of West Virginia, 1931, as amended, by repealing §30-27-11a and §30-27-12; to amend and reenact §30-27-1, §30-27-2, §30-27-3, §30-27-4, §30-27-5, §30-27-6, §30-27-8, §30-27-8a, §30-27-10, §30-27-11 and §30-27-16 of the code; and to amend said code by adding thereto three new sections, designated §30-27-8b, §30-27-8c, and §30-27-8d, all relating to licensing of barbers, cosmetologists, and hairstylists; revising the membership requirements of the Board of Barbers and Cosmetologists; exempting shampoo assistants and hair braiding from licensure by the Board of Barbers and Cosmetologists; changing the requirement for licensure of  aestheticians and nail technicians to registration; creating certifications; modifying barber apprentice program;  limiting continuing education requirements for barbers and cosmetologists; and modifying the requirements to be an instructor in a school. 

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by repealing §30-27-11a and §30-27-12; that §30-27-1, §30-27-2, §30-27-3, §30-27-4, §30-27-5, §30-27-6, §30-27-8, §30-27-8a, §30-27-10, §30-27-11 and §30-27-16 of said code be amended and reenacted; and that said code be amended by adding thereto three new sections, designated §30-27-8b, §30-27-8c, and §30-27-8d, all to read as follows:

          CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 27.  BOARD OF BARBERS AND COSMETOLOGISTS.

§30-27-1.  Unlawful acts.

(a) It is unlawful for any person to practice or offer to practice barbering, barber permanent waving, cosmetology, or hair styling, aesthetics, or nail care in this state without a license issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that the person is a licensed aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, cosmetologist crossover or nail technician or hairstylist, unless the person has been licensed under the provisions of this article, and the license has not expired, been suspended or revoked.

(b) No salon, except through a licensee, may render any service or engage in any activity which if rendered or engaged in by an individual, would constitute the practices licensed under the provisions of this article.

(c) No school, except through a licensee, may instruct, render any service or engage in any activity which if taught, rendered or engaged in by an individual, would constitute the practices licensed under the provisions of this article.

§30-27-2.  Applicable law.

The practices licensed or registered under the provisions of this article and the board of Barbers and Cosmetologists are subject to the provisions of article one of this chapter, the provisions of this article, and any rules promulgated hereunder.

§30‑27‑3.  Definitions.

As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise:

(a) AAesthetics@ or Aesthetics@ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

(1) Administering cosmetic treatments to enhance or improve the appearance of the skin, including cleansing, toning, performing effleurage or other related movements, stimulating, exfoliating or performing any other similar procedure on the skin of the human body or scalp;

(2) Applying, by hand or with a mechanical or electrical apparatus, any cosmetics, makeups, oils, powders, clays, antiseptics, tonics, lotions, creams or chemical preparations necessary for the practice of aesthetics to another person=s face, neck, back, shoulders, hands, elbows and feet up to and including the knee;

(3) The rubbing, cleansing, exercising, beautifying or grooming of another person=s face, neck, back, shoulders, hands, elbows and feet up to and including the knee;

(4) The waxing, tweezing and threading of hair on another person=s body;

(5) The wrapping of another person=s body in a body wrap;

(6) Applying artificial eyelashes and eyebrows; and

(7) The lightening of hair on the body except the scalp.

(b) AAesthetician@ or Aesthetician@ means a person licensed under the provisions of this article who engages in the practice of aesthetics.

(c) AApplicant@ means a person making application for a professional license, license, certificate, registration, permit or renewal under the provisions of this article.

(d) ABarber@ means a person licensed under the provisions of this article who engages in the practice of barbering and has completed 1500 clock hours of training at a licensed school approved  by the West Virginia Council for Community and Technical College Education.

(e) ABarbering@ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

(1) Shaving, shaping and trimming the beard, or both;

(2) Cutting, singeing, shampooing, arranging, dressing, tinting, bleaching, or applying lotions or tonics on human hair, or a wig or hairpiece; and

(3) Applications, treatments or rubs of the scalp, face, or neck with oils, creams, lotions, cosmetics, antiseptics, powders, or other preparations in connection with the shaving, cutting or trimming of the hair or beard.

(f) ABarber crossover@ or Acosmetologist crossover@ is a person who is licensed to perform barbering and cosmetology. who has completed 1500 clock hours of training, is licensed as a barber, and completes an additional 600 hours of training to perform cosmetology

(g) ABarber permanent waving@ means the following acts done on the human body for compensation and not for the treatment of disease:

(1) The bleaching or tinting of hair; and

(2) The permanent waving of hair.

(h) ABarber permanent wavist@ means a person licensed to perform barbering and barber permanent waving.

(i) (g)ABoard@ means the West Virginia Board of Barbers and Cosmetologists.

(j) (h)ACertificate@ means an instructor certificate to teach in a school under the provisions of this article a document issued by the Board for additional training received through a school licensed in this state or through an industry recognized program.

(k) ACertificate holder@ means a person certified as an instructor to teach in a school under the provisions of this article.

(l) (i) ACosmetologist@ means a person licensed under the provisions of this article who engages in the practice of cosmetology and who has completed 1800 clock hours of training at a licensed school approved by the West Virginia Council for Community and Technical College Education.

(m) (j)ACosmetology@ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

(1) Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, curling, waving, permanent waving, relaxing, straightening, shampooing, cleansing, singeing, bleaching, tinting, coloring, waxing, tweezing, or similarly work on human hair, or a wig or hairpiece, by any means, including hands, mechanical or electrical devices or appliances;

(2) Nail care;

(3) Applying by hand or with a mechanical or electrical device or appliance, any cosmetics, makeups, oils, powders, clays, antiseptics, tonics, lotions, creams or chemical preparations necessary for the practice of aesthetics to another person=s face, neck, shoulders, hands, elbows and feet up to and including the knee;

(4) The rubbing, cleansing, exercising, beautifying or grooming of another person=s face, neck, shoulders, hands, elbows and feet up to and including the knee;

(5) The wrapping of another person=s body in a body wrap; and

(6) Performing aesthetics.

(n) (k)ACosmetology crossover@ is a person who has completed 1800 clock hours of training, is licensed as a cosmetologist, and completes an additional 300 hours of training to perform barbering.

(n) (l)AGeneral supervision@ means:

(1) For schools, a master or certified instructor is on the premises and is quickly and easily available; or

(2) For salons, a professional licensee is on the premises and is quickly and easily available.

(o)(m) AHair braiding@ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease: Braiding, plaiting, twisting, wrapping, threading, weaving, interweaving, extending or locking of natural human hair or manufactured materials around human hair by hand or mechanical device.

(p)(n)"Hair Styling" means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

(1) Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, curling, waving, permanent waving, relaxing, straightening, shampooing, cleansing, singeing, bleaching, tinting, coloring, waxing, tweezing, threading or similarly work on human hair, or a wig or hairpiece, by any means, including hands, mechanical or electrical devices or appliances;

(2) The rubbing, cleansing, exercising, beautifying or grooming of another person's face, neck, shoulders, hands, elbows and feet up to and including the knee.

(q) (o)AHair Stylist@ means a person licensed under the provisions of this article who engages in the practice of hair styling.

(p) AHair stylist crossover@ is a person who has completed 1200 clock hours of training, is licensed as a hairstylist, and completes 300 hours of training to perform barbering.

(r)(q)ALicense@ means a professional license, a salon license or a school license.

(s) (r)ALicensed school@ means a facility which has been approved by the West Virginia Council for Community and Technical College Education pursuant to section nine, article two‑b, chapter eighteen‑b of this code, to educate persons to be licensed or issued certain permits under the provisions of this article.

(t) (s)ALicensee@ means a person, corporation or firm holding a license issued under the provisions of this article.

(u) (t)ANail care@ means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

(1) The cleansing, dressing, or polishing of nails of a person;

(2) Performing artificial nail service; and

(3) The cosmetic treatment of the feet up to the knee and the hands up to the elbow.

(v) (u)ANail technician@ or Amanicurist@ means a person licensed under the provisions of this article who engages in the practice of nail care.

(w) (v)APermit@ means a work permit.

(x)(w)APermitee@ means a person holding a work permit.

(y) (x)AProfessional license@ means a license to practice as a aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, cosmetologist crossover or nail technician hair stylist.

(z)(y)ARegistration@ means a registration issued by the board to a person who rents or leases a booth or chair from a licensed salon owner and operator, or both, or a registration issued by the board to a person who is a student in a school or a registration issued to an aesthetician or nail technician pursuant to section eight-b or this article.

(aa)(z)ARegistrant@ means a person who holds a registration under the provisions of this article.

(bb)(aa)ASalon@ means a shop or other facility where a person practices under a professional license.

(cc)(bb)ASalon license@ means a license to own and operate a salon.

(dd) AStudent registration@ means a registration issued by the board to a student to study at a school licensed under the provisions of this article.

(cc) "Shampoo assistant" means a person who performs  only the following services:

(1) Shampooing and rinsing hair;

(2) Removing rollers or permanent rods; and

(3) Cleansing or other sink-related functions not requiring the skill of a basic barber.

§30‑27‑4.  Board of Barbers and Cosmetologists.

(a) The West Virginia Board of Barbers and Cosmetologists is continued.  The members of the board in office on July 1, 2014 2015, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.

(b) The Governor, by and with the advice and consent of the Senate, shall appoint:

(1) One licensed cosmetologist or crossover cosmetologist;

(2) One licensed barber or barber crossover;

(3) One licensed barber crossover or licensed barber permanent wavist;

(4) One licensed aesthetician;

(5) One licensed nail technician;

(6) One representative from a privately owned beauty school licensed by the West Virginia Council for Community and Technical College Education; and

(7) One Four citizen members representing the general public.

(c) After the initial appointment term, the term shall be for five years.  All appointments to the board shall be made by the Governor by and with the advice and consent of the Senate.

(d) Each licensed member of the board, at the time of his or her appointment, must have held a professional license in this state for a period of not less than three years immediately preceding the appointment.

(e) Each member of the board must be a resident of this state during the appointment term.

(f) A member may not serve more than two consecutive full terms.  A member may continue to serve until a successor has been appointed and has qualified.  A member serving on the board on June 30, 2014 2015, may be reappointed in accordance with the provisions of this section.

(g) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant and the appointment shall be made within sixty days of the vacancy.

(h) The Governor may remove any member from the board for neglect of duty, incompetency e or official misconduct.

(i) A member of the board immediately and automatically forfeits membership to the board if his or her license to practice is suspended or revoked, is convicted of a felony under the laws of any jurisdiction or becomes a nonresident of this state.

(j) The board shall elect annually one of its members as chairperson who serves at the will of the board.

(k) Each member of the board is entitled to compensation and expense reimbursement in accordance with article one of this chapter.

(l) A majority of the members of the board constitutes a quorum.

(m) The board shall hold at least two annual meetings.  Other meetings may be held at the call of the chairperson or upon the written request of two members, at the time and place as designated in the call or request.

(n) Prior to commencing his or her duties as a member of the board, each member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.

§30-27-5.  Powers and duties of the board.

(a) The board has all the powers and duties set forth in this article, by rule, in article one of this chapter and elsewhere in law.

(b) The board shall:

(1) Hold meetings, conduct hearings and administer examinations;

(2) Establish requirements for licenses, permits, certificates and registrations;

(3) Establish procedures for submitting, approving and rejecting applications for licenses, permits, certificates and registrations;

(4) Determine the qualifications of any applicant for licenses, permits, certificates and registrations;

(5) Prepare, conduct, administer and grade examinations for professional licenses and certificates; Provided, That the examinations meet national standards.

(6) Determine the passing grade for the examinations;

(7) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examinations and the pass and fail rate;

(8) Set operational standards and requirements for licensed schools; Provided, That a licensed school shall have a minimum of one chair per student; Provided further, That should the number of students exceed twenty, no more than twenty chairs shall be required.

(9) Hire, discharge, and establish the job requirements and fix the compensation of the executive director;

(10) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees, investigators/inspectors and contracted employees necessary to enforce the provisions of this article: Provided, That any investigator/inspector employed by the board on July 1, 2009, shall retain their coverage under the classified service, including job classification, job tenure and salary, until that person retires or is dismissed: Provided, however, That nothing may prohibit the disciplining or dismissal of any investigator/inspector for cause;

(11) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;

(12) Establish the criteria for the training of investigators/inspectors;

(13) Set the requirements for investigations and inspections; Provided, That inspections shall be conducted annually by either the board or the local health department.

(14) Conduct disciplinary hearings of persons regulated by the board;

(15) Determine disciplinary action and issue orders;

(16) Institute appropriate legal action for the enforcement of the provisions of this article;

(17) Report violations of the provisions of this article, and legislative rules promulgated pursuant to this article, alleged to have been committed by a licensed school to the West Virginia Council for Community and Technical College Education.  The board may continue to investigate any alleged violation that it receives by May 1, 2013, and shall conclude any such investigation by July 1, 2013.  If the board determines that probable cause exists that a violation occurred, the board immediately shall advise and provide its investigation file to the West Virginia Council for Community and Technical College Education;

(18) Maintain an accurate registry of names and addresses of all persons regulated by the board;

(19) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;

(20) Establish the continuing education requirements for professional licensees and certificate holders;

(21) Issue, renew, combine, deny, suspend, revoke or reinstate licenses, permits, certificates and registrations;

(22) Establish a fee schedule;

(23) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and

(24) Take all other actions necessary and proper to effectuate the purposes of this article.

(c) The board may:

(1) Establish joint licenses;

(2)(1) Contract with third parties to administer the examinations required under the provisions of this article;

(3)(2) Sue and be sued in its official name as an agency of this state;

(4)(3) Confer with the Attorney General or his or her assistant in connection with legal matters and questions.

§30‑27‑6.  Rulemaking.

(a) The board shall propose rules for legislative approval, in accordance with article three, chapter twenty‑nine‑a of this code, to implement the provisions of this article, including:

(1) Standards and requirements for licenses, permits, certificates and registrations;

(2) Procedures for examinations and reexaminations: Provided, That the board shall offer examinations in all languages other than English if available to the board and requested by the applicant;

(3) Requirements for third parties to prepare and/or administer examinations and reexaminations;

(4) Educational and experience requirements;

(5) The passing grade on the examinations;

(6)Standards for approval of courses and curriculum; Provided, That the board may only prescribe topics of study for each area of practice to be licensed, registered or certified, not the specific curriculum or hours devoted to each area of study.

(7) Procedures for the issuance and renewal of licenses, permits, certificates and registrations;

(8) A fee schedule;

(9) Continuing education requirements for professional licensees and certificate holders;

(10) The procedures for denying, suspending, revoking, reinstating or limiting the practice of licensees, permitees, certificate holders and registrants;

(11) Designating the regions for investigators/inspectors;

(12) Criteria for the training of investigators/inspectors;

(13) Requirements for investigations and inspections;

(14) Requirements for inactive or revoked licenses, permits, certificates and registrations;

(15) Establishing the training program and requirements for instructors for schools licensed under this article;

(16) (15) Establishing operating procedures for salons; and

(17) (16) Any other rules necessary to effectuate the provisions of this article.

(b) The legislative rules relating to barber apprenticeship; qualifications, training, examination and certification of instructors in barbering and cosmetology  shall expire upon the enactment to the provisions of this article in 2015. The board shall promulgate legislative rules pursuant to article three, chapter twenty-nine-a consistent with the provisions of this article as amended in 2015.

§30‑27‑8.  Professional license requirements.

(a) An applicant for a professional license to practice as a aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, or hair stylist, cosmetologist crossover or nail technician shall present satisfactory evidence that he or she:

(1) Is at least eighteen years of age;

(2) Is of good moral character;

(3) Has a high school diploma, a GED, or has passed the Aability to benefit test@ approved by the United States Department of Education;

(4) Has graduated from a licensed school which has been approved by the West Virginia Council for Community and Technical College Education or has completed education requirements in another state and meets the licensure provisions of the board;

(5) Has passed an examination that tests the applicant=s knowledge of subjects specified by the board: Provided, That the board may recognize a certificate or similar license in lieu of the examination or part of the examination that the board requires: Provided further, That any examination shall meet national standards;

(6) Has paid the applicable fee;

(7) Presents a certificate of health from a licensed physician;

(8) Is a citizen of the United States or is eligible for employment in the United States; and

(9) Has fulfilled any other requirement specified by the board.

(b) A license to practice issued by the board prior to July 1, 2009 2015, shall for all purposes be considered a professional license issued under this article: Provided, That a person holding a license issued prior to July 1, 2009 2015, must renew the license pursuant to the provisions of this article.  After July 1, 2015, the Board shall issue both barber and cosmetologist renewal licenses in the case of a barber crossover or cosmetologist crossover and shall issue a barber license renewal in the case of barber permanent wavist.

§30-27-8a.  Barber apprentice

(a) The board may establish an apprenticeship program to become a barber. A person wishing to become a barber through an apprenticeship shall apply with the board and receive a permit. A barber apprentice shall work at all times under the direct supervision of a licensed barber and any permit issued by the board to work as a barber apprentice does not allow a person to practice individually as a barber.

(b) An applicant for a barber apprenticeship shall present satisfactory evidence that he or she:

(1) Is at least eighteen years of age;

(2) Is of good moral character;

(3) Has a high school diploma, a GED, or has passed the Aability to benefit test@ approved by the United States Department of Education;

(4) Has paid the applicable fee;

(5) Has a certificate of health from a licensed physician; and

(6) Is a citizen of the United States or is eligible for employment in the United States; and.

(7) Has fulfilled any other requirement specified by the board.

(c) An applicant for a sponsor of a barber apprentice shall present satisfactory evidence that he or she:

(1) Is licensed as a barber under the provisions of this article;

(2) Has paid the applicable fee; and

(3) Has fulfilled any other requirement specified by the board.

(c) A sponsor of a barber apprentice shall be a licensed barber with at least five years experience.

(d) A barber apprentice program shall consist of up to two years of supervised training by a sponsor who shall advise the board in writing that the barber apprentice is ready to take the examination for licensure; Provided, that at the end of two years of supervised training, a barber apprentice may take the examination for licensure without the recommendation of the sponsor.

(d) The board may propose emergency rules and rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this section, including:

(1) The requirements for:

(A) The barber apprenticeship program;

(B) The barber apprentice permit; and

(C) A licensed barber to sponsor a barber apprentice;

(2) Procedures for an examination;

(3) A fee schedule; and

(4) Any other rules necessary to effectuate the provisions of this section.

§30-27-8b. Registration of Aestheticians and Nail Technicians.

(a) A person may not advertise or represent himself or herself as an aesthetician or nail technician in this state unless he or she is registered and by the board.

(b) To be eligible for registration by the board as an aesthetician or nail technician, an applicant shall present satisfactory evidence that he or she:

(1) Is at least eighteen years of age;

(2) Is of good moral character;

(3) Has a high school diploma, a GED, or has passed the Aability to benefit test@ approved by the United States Department of Education;

(4) Has graduated from a licensed school which has been approved by the West Virginia Council for Community and Technical College Education or has completed education requirements in another state and meets the registration provisions of this section;

(5) Has paid the applicable fee;

(6) Presents a certificate of health from a licensed physician; and

(7) Is a citizen of the United States or is eligible for employment in the United States.

§30-27-8c.  Certifications

(a) The Board shall issue a certification to an applicant licensed under this article who obtains additional training at a licensed school that has been approved by the West Virginia Council for Community and Technical College Education or an industry recognized training program in the following areas:

(1) Waxing;

(2) Permanent waving;

(3) Barber crossover;

(4) Cosmetology crossover;

(5) Hairstylist crossover;

§30-27-8d. Shampoo Assistant and Hair Braiding; exemptions from licensure.

(a) Notwithstanding any provision of this code, a person may practice hair braiding without obtaining a license or any other authorization from a professional board of this state and is not subject to educational or training requirements.  A person practicing hair braiding may work at or be employed by a salon or other place of business or may practice hair braiding individually.

(b) Notwithstanding any provision of this code, a shampoo assistant is not required to obtain a permit or any other authorization from a professional board of this state and is not subject to education or training requirements.  A shampoo assistant may work at or be employed by a salon or other place of business or may practice individually as a shampoo assistant.

          (c) Notwithstanding any provision of this code, the board has no authority to propose legislative rules to implement the provisions of this section or to exercise any jurisdiction or authority over the practice of or any shampoo assistant or acts of hair braiding or the qualifications for a person to practice hair braiding.

§30‑27‑10.  Professional license and certificate renewal requirements.

(a) A professional licensee and certificate holder shall annually or biennially on or before January 1, renew his or her professional license or certificate by completing a form prescribed by the board, paying the renewal fee and submitting any other information required by the board.

(b) The board shall charge a fee for each renewal of a license or certificate, and a late fee for any renewal not paid by the due date.

(c) The board shall require as a condition of renewal of a professional license or certificate that each licensee or certificate holder complete continuing education:  Provided, That a licensed barber who has been licensed for twenty years or more is exempt from the continuing education requirement of this subsection except, beginning January 1, 2016, licensed barbers must take a sanitation course through a program approved by the board each year for the first five years after becoming licensed and once every five years thereafter for fifteen years; Provided, however, That cosmetologists and hair stylists must take four hours of continuing education training annually for the first fifteen years after becoming licensed; Provided further, That the Board shall approve for credit for continuing education any education course providing instruction in any curriculum, subject matter or discipline included in the education required for licensure that is submitted to the board or offered by:

(1) A licensed school or instructor;

(2) A manufacturer or distributor of barbering or cosmetology products;

(3) A barber or cosmetology trade organization; or

(4) Any course offered at an accredited private or public university, college or community

college in this state.

(d) The board may deny an application for renewal for any reason which would justify the denial of an original application for a license or certificate.

§30‑27‑11.  Work permit.

(a) The board may issue a work permit to practice to an applicant who meets the following conditions:

(1) Has graduated from a licensed school approved by the West Virginia Council for Community and Technical College Education or has completed education requirements in another state and meets the licensure provisions of the board;

(2) Is waiting to take the examination;

(3) Has employment in the field in which he or she applied to take the examination and is working under the general supervision of a professional licensee;

(4) Has paid the work permit fee;

(5) Has presented a certificate of health issued by a licensed physician;

(6) Is a citizen of the United States or is eligible for employment in the United States; and

(7) Meets all the other requirements specified by the board.

(b) A work permit expires at the end of the month after issuance following the next examination in the specific field.  A work permit may be renewed once.

(c) While in effect, a work permitee is subject to the restrictions and requirements imposed by this article.

§30-27-13.  Display of professional license and permits.

(a) The board shall prescribe the form for a professional license and work and student permits, including a photograph, and may issue a duplicate license or permit, upon payment of a fee.

(b) Every professional licensee and work permitee shall display his or her license or permit in a conspicuous place at his or her work station.

(c) Every student shall have available his or her student permit and be able to produce it upon request.

(d) (c) Every professional licensee, work permitee or student must present such license, permit or registration to an investigator/inspector or a board member upon request.

§30-27-16.  Certification requirements to be an instructor in a school.

(a) The board may issue a certificate to be an instructor in a school to an applicant who meets the following requirements:

(1) Meets the educational requirements established by the board;

(2) Has completed the required instructor=s training;

(3) Has passed the instructor examination;

(4) Has paid the appropriate fees;

(5) Presents a certificate of health from a licensed physician;

(6) Is a citizen of the United States or is eligible for employment in the United States; and

(7) Has fulfilled any other requirement specified by the board.

(a) The Board shall issue a certificate to be an instructor in a school for barbering, cosmetology, hairstyling, nail technician or aesthetics if a person:

(1) Completes an application prescribed by the Board;

(2) Holds a current West Virginia license in the field in which the person seeks to teach or equivalent from another state as determined by the Board;

(3) Completes a one year instructor training course in a school that is licensed by the West Virginia Council for Community and Technical College Education;

(4) Passes the instructor training final examination; and

(5) Passes a national written examination in instructor training.

(b) All instructor certifications must be renewed annually or biennially on or before January 1, and pay a renewal fee.

(c) A certification to be an instructor issued by the board prior to January 1, 2009, the effective date of this section shall for all purposes be considered a certification issued under this article:  Provided, That a person holding a certification issued prior to January 1, 2009, the effective date of this section must renew the certification pursuant to the provisions of this article.

(d) An instructor with an expired certificate must comply with the following to renew his or her certificate:

(1) Notify the board that he or she wants to be placed on inactive status; or

(2) Pay all lapsed renewal fees;

(3) Present a new certificate of health; and

(4) Meet the qualifications for certification set out in this article.

(e) A certified instructor is not required to have an active professional license, unless the instructor is in fact practicing outside the scope of his or her employment as an instructor.