AN ACT To authorize 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 to amend certain licensure requirements under the north carolina cosmetic art act.

The General Assembly of North Carolina enacts:

SECTION 1.  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, including the systematic manipulation with the hands or mechanical apparatus of the scalp, face, neck, shoulders, hands, and feet.  Practices included within this subdivision shall not include the practice of massage or bodywork therapy as set forth in Article 36 of Chapter 90 of the General Statutes.
(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 eyelash extensions, 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 manipulation 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 2.  G.S. 88B‑18 reads as rewritten:
"§ 88B‑18.  Examinations.
	
(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 3.  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 4.  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.
(d)	An individual licensed as an esthetician or manicurist may practice only that part of cosmetic art for which the individual is licensed.
(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 5.  G.S. 88B‑11 reads as rewritten:
"§ 88B‑11.  Qualifications for licensing teachers.
(a)	Applicants for any teacher's license issued by the Board shall meet all of the following requirements:
(1)	Possession of a high school diploma or a high school graduation equivalency certificate.
(2)	Payment of the fees required by G.S. 88B‑20.
(b)	The Board shall issue a license to practice as a cosmetology teacher to any individual who meets the requirements of subsection (a) of this section and who meets all of the following:
(1)	Holds in good standing a cosmetologist license issued by the Board.
(2)	Submits proof of either practice of cosmetic art in a cosmetic art shop, or any Board-approved employment capacity in the cosmetic arts industry, for a period equivalent to five years of full‑time work immediately prior to application or successful completion of at least 800 hours of a cosmetology teacher curriculum in an approved cosmetic art school.
(3)	Passes an examination for cosmetology teachers conducted by the Board.
(c)	The Board shall issue a license to practice as an esthetician teacher to any individual who meets the requirements of subsection (a) of this section and who meets all of the following:
(1)	Holds in good standing a cosmetologist or an esthetician license issued by the Board.
(2)	Submits proof of either practice as an esthetician in a cosmetic art shop, or any Board-approved employment capacity in the cosmetic arts industry, for a period equivalent to three years of full‑time work immediately prior to application or successful completion of at least 650 hours of an esthetician teacher curriculum in an approved cosmetic art school.
(3)	Passes an examination for esthetician teachers conducted by the Board.
(d)	The Board shall issue a license to practice as a manicurist teacher to any individual who meets the requirements of subsection (a) of this section and who meets all of the following:
(1)	Holds in good standing a cosmetologist or manicurist license issued by the Board.
(2)	Submits proof of either practice as a manicurist in a cosmetic art shop, or any Board-approved employment capacity in the cosmetic arts industry, for a period equivalent to two years of full‑time work immediately prior to application or successful completion of at least 320 hours of a manicurist teacher curriculum in an approved cosmetic art school.
(3)	Passes an examination for manicurist teachers conducted by the Board."
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.
In the General Assembly read three times and ratified this the 27th day of July, 2006.

	s/	 Beverly E. Perdue
	 President of the Senate

	s/	 James B. Black
	 Speaker of the House of Representatives

	s/	 Michael F. Easley
	 Governor

Approved 9:55 a.m. this 8th day of August, 2006