A BILL TO BE ENTITLED
AN ACT adding a member to the north carolina board of cosmetic art examiners, authorizing the north carolina board of cosmetic art examiners to clarify certain definitions under the north carolina cosmetic art act, to approve examination facilities, and to set limits for failed candidates seeking to retake an examination, and amending certain licensure requirements under the north carolina cosmetic art act.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 88B‑3 reads as rewritten:
"§ 88B‑3.  Creation and membership of the Board; term of office; removal for cause; officers.
(a)	The North Carolina Board of Cosmetic Art Examiners is established. The Board shall consist of seven members who shall be appointed as follows:
(1)	The General Assembly, upon the recommendation of the President Pro Tempore of the Senate, shall appoint a cosmetologist.
(2)	The General Assembly, upon the recommendation of the Speaker of the House of Representatives, shall appoint a cosmetologist.
(3)	The Governor shall appoint two cosmetologists, two cosmetology teachers, and a member of the public who is not licensed under this Chapter.
(b)	Each cosmetologist member shall have practiced all parts of cosmetic art in this State for at least five years immediately preceding appointment to the Board and shall not have any connection with any cosmetic art school while serving on the Board. One of the cosmetology teacher members shall be currently employed as a teacher by a North Carolina private cosmetic art school and shall have practiced or taught cosmetic art for at least five years immediately preceding appointment to the Board. The other cosmetology teacher member shall be currently employed as a teacher by a North Carolina community college and shall have practiced or taught cosmetic art for at least five years at a North Carolina community college immediately preceding appointment to the Board.
(c)	Cosmetologist members of the Board shall serve staggered terms of three years. No Board member shall serve more than two consecutive terms, except that each member shall serve until a successor is appointed and qualified. All other board members shall serve three‑year terms, but they shall not be staggered.
(d)	The Governor may remove any member of the Board for cause.
(e)	A vacancy shall be filled in the same manner as the original appointment, except that unexpired terms in seats appointed by the General Assembly shall be filled in accordance with G.S. 120‑122. Appointees to fill vacancies shall serve the remainder of the unexpired term and until their successors have been duly appointed and qualified.
(f)	The Board shall elect a chair, a vice‑chair, and other officers as deemed necessary by the Board to carry out the purposes of this Chapter. All officers shall be elected annually by the Board for one‑year terms and shall serve until their successors are elected and qualified.
(g)	The Board shall not issue a teacher's license to any Board member during that member's term on the Board.
(h)	No Board member may be employed by the Board for at least one year after that member's term expires."
SECTION 2.  G.S. 88B‑2 reads as rewritten:
"§ 88B‑2.  Definitions.
The following definitions apply in this Chapter:
(1)	Apprentice. – A person who is not a manager or operator and who is engaged in learning the practice of cosmetic art under the direction and supervision of a cosmetologist.
(2)	Board. – The North Carolina Board of Cosmetic Art Examiners.
(3)	Booth. – A workstation located within a licensed cosmetic art shop that is operated primarily by one individual in performing cosmetic art services for consumers.
(4)	Booth renter. – A person who rents a booth in a cosmetic art shop.
(5)	Cosmetic art. – All or any part or combination of cosmetology, esthetics, or manicuring.
(6)	Cosmetic art school. – Any building or part thereof where cosmetic art is taught.
(7)	Cosmetic art shop. – Any building or part thereof where cosmetic art is practiced for pay or reward, whether direct or indirect.
(8)	Cosmetologist. – Any individual who is licensed to practice all parts of cosmetic art.
(8a)	Cosmetology. – The act of arranging, dressing, curling, waving, cleansing, cutting, singeing, bleaching, coloring, or similar work upon the hair of a person by any means, including the use of hands, mechanical or electrical apparatus, or appliances or by use of cosmetic or chemical preparations or antiseptics.
(9)	Cosmetology teacher. – An individual licensed by the Board to teach all parts of cosmetic art.
(10)	Esthetician. – An individual licensed by the Board to practice only that part of cosmetic art that constitutes skin care.
(11)	Esthetician teacher. – An individual licensed by the Board to teach only that part of cosmetic art that constitutes skin care.
(11a)	Esthetics. – Refers to any of the following practices:  giving facials; applying makeup; performing skin care; removing superfluous hair from the body of a person by use of creams, tweezers, or waxing; applying eyelashes to a person, including the application of brow or lash color; beautifying the face, neck, arms, or upper part of the human body by use of cosmetic preparations, antiseptics, tonics, lotions, or creams; surface massaging in relation to skin care; or cleaning or stimulating the face, neck, ears, arms, hands, bust, torso, legs, or feet of a person by means of hands, devices, apparatus, or appliances along with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams.
(12)	Manicuring. – The care and treatment of the fingernails, toenails, cuticles on fingernails and toenails, and the hands and feet, including the decoration of the fingernails and the application of nail extensions and artificial nails. The term "manicuring" shall not include the treatment of pathologic conditions.
(13)	Manicurist. – An individual licensed by the Board to practice only that part of cosmetic art that constitutes manicuring.
(14)	Manicurist teacher. – An individual licensed by the Board to teach manicuring.
(15)	Shampooing. – The application and removal of commonly used, room temperature, liquid hair cleaning and hair conditioning products. Shampooing does not include the arranging, dressing, waving, coloring, or other treatment of the hair."
SECTION 3.  G.S. 88B‑18 reads as rewritten:
"§ 88B‑18.  Examinations.
(a)	Each applicant for any examination shall file an application with the Board, on a form approved by the Board, which shall be verified by the applicant under oath, and the applicant shall pay the required examination fee. Applications shall be filed at least 30 days before the requested examination date.
(b)	Each examination shall have both a practical and a written portion.
(c)	Examinations for applicants for apprentice, cosmetologist, teacher, esthetician, and manicurist licenses shall be given in at least three locations in the State that are geographically scattered. The examinations shall be administered in Board‑approved facilities.
(d)	An applicant for a cosmetologist, esthetician, manicurist, or teacher's license who fails to pass the examination three times may not reapply to take the examination again until after the applicant has successfully completed any additional requirements prescribed by the Board."
SECTION 4.  G.S. 88B‑9 reads as rewritten:
"§ 88B‑9.  Qualifications for licensing as an esthetician.
The Board shall issue a license to practice as an esthetician to any individual who meets all of the following requirements:
(1)	Successful completion of at least 600 hours of an esthetics curriculum in an approved cosmetic art school.
(2)	Passage of an examination conducted by the Board.
(3)	Payment of the fees required by G.S. 88B‑20."
SECTION 5.  G.S. 88B‑22 reads as rewritten:
"§ 88B‑22.  Licenses required; criminal penalty.
(a)	Except as provided in this Chapter, no person may practice or attempt to practice cosmetic art for pay or reward in any form, either directly or indirectly, without being licensed as an apprentice, cosmetologist, esthetician, or manicurist by the Board.
(b)	Except as provided in this Chapter, no person may practice cosmetic art or any part of cosmetic art, for pay or reward in any form, either directly or indirectly, outside of a licensed cosmetic art shop.
(c)	No person may open or operate a cosmetic art shop in this State unless a license has been issued by the Board for that shop.
	
(d1)	No person may teach cosmetic art in a Board‑approved cosmetic art school unless the person is a teacher licensed under this Chapter. A guest lecturer may be exempt from the requirements of this subsection upon approval by the Board.
(e)	An apprentice licensed under the provisions of this Chapter shall apprentice under the direct supervision of a cosmetologist. An apprentice shall not operate a cosmetic art shop.
(f)	A violation of this Chapter is a Class 3 misdemeanor."SECTION 6.  G.S. 88B-21(e) reads as rewritten:
"(e)	Prior to renewal of a license, a teacher, cosmetologist, esthetician, or manicurist shall annually complete eight hours of Board‑approved continuing education for each year of the licensing cycle. A cosmetologist may complete up to 24 hours of required continuing education at any time within the cosmetologist's three‑year licensing cycle. Licensees shall submit written documentation to the Board showing that they have satisfied the requirements of this subsection. A licensee who is in active practice as a cosmetologist, esthetician, or manicurist, has practiced for at least 10 consecutive years in that profession and is 60 years of age or older does not have to meet the continuing education requirements of this subsection. A licensee who is in active practice as a cosmetologist and, as of October 1, 2004, has at least 20 consecutive years of experience as a cosmetologist, does not have to meet the continuing education requirements of this subsection, but shall report any continuing education classes completed to the Board, whether the continuing education classes are Board-approved or not. Promotion of products and systems shall be allowed at continuing education given in‑house or at trade shows. Continuing education classes may also be offered in secondary languages as needed. No member of the Board may offer continuing education courses as required by this section."
SECTION 7.  This act is effective when it becomes law.