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HLS 04-1894 ENGROSSED
Regular Session, 2004
HOUSE BILL NO. 1331
BY REPRESENTATIVE PINAC
COSMETOLOGY: Makes various changes to the Louisiana Cosmetology Act, including
fees, booth permits, minimum classroom square footage, and record certification
1 AN ACT
2 To amend and reenact R.S. 37:575(A)(1), 589, 593, 599(A)(2)(f)(iv) and (A)(7) and to enact
3 R.S. 37:587, 591(D), and 599(A)(9), relative to cosmetology; to provide relative to
4 the sale of immovable property; to provide for certification of records; to require
5 licensed managers; to provide exceptions for services outside the licensed facility;
6 to provide regarding booth rental permits; to provide for fees; and to provide for
7 related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 37:575(A)(1), 589, 593, and 599(A)(2)(f)(iv) and (A)(7) are hereby
10 amended and reenacted and R.S. 37:587, 591(D) and 559(A)(9) are hereby enacted to read
11 as follows:
12 §575. Powers and duties of the board
13 A. The board shall be responsible for the control and regulation of the
14 practice of cosmetology and shall do all of the following:
15 (1)(a) Maintain a permanent testing center to be located in East Baton Rouge
16 Parish. The center shall be equipped to accommodate both practical and theory
17 examinations and shall provide office space for board members and a conference
18 room.
19 (b) In the event that the board sells the immovable property upon which the
20 testing center is located together with the improvements thereon, the revenue derived
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1 from the sale shall be retained by the board and shall not be subject to reversion to
2 the state general fund.
3 * * *
4 §587. Certification of records
5 A. The board shall certify licensure status, hours earned, and examinations
6 completed, upon written request by the licensee or student, free of charge once during
7 the period of licensure or enrollment. Any subsequent request for certification of
8 licensure status from a licensee or student must be accompanied by the fee set forth
9 in R.S. 37:599.
10 B. All other requests for certification of licensure status, hours earned, and
11 examinations completed other than those described in Subsection A above must be
12 accompanied by the fee set forth in R.S. 37:599.
13 * * *
14 §589. Certificates of registration for managers
15 A. Any cosmetology salon owner, who is not a licensed cosmetologist, any
16 manicuring salon owner, who is not a licensed manicurist and any esthetics salon
17 owner, who is not a licensed esthetician, shall employ a manager who is a licensed
18 cosmetologist and who shall not be absent from the salon more than two working
19 days per week; however, a registered manicurist may manage a manicuring salon and
20 a registered esthetician may manage an esthetics salon.
21 B. A shop owner who is absent from his respective shop more than two
22 working days per week shall employ a manager, who shall be a registered
23 cosmetologist and who shall obtain a certificate of registration as a manager.
24 However, a registered manicurist may manage a manicuring salon, and a registered
25 esthetician may manage an esthetics salon.
26 * * *
27 §591. Requirements for certification as a beauty shop or salon
28 * * *
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1 D. No person licensed by the Louisiana Board of Cosmetology shall provide
2 any service for which a license, certificate of registration or permit issued by the
3 board is required, outside of any facility licensed by that board or the Louisiana
4 Board of Barber Examiners, except for the following:
5 (1) In the residence of a client who is chronically ill or disabled and who has
6 presented a physician’s certificate indicating that the client is chronically ill or
7 disabled; or who has presented evidence that the client has been awarded Social
8 Security Disability or Supplemental Income Disability Benefits.
9 (2) In a hospital or infirmary for a patient.
10 (3) In a funeral establishment.
11 (4) At a temporary site such as a television, motion picture, video or
12 theatrical production, photographic session, or similar activity.
13 (5) At a retail establishment to demonstrate cosmetics in connection with the
14 sale of cosmetics.
15 * * *
16 §593. Booth rental permits
17 A. The board shall issue a booth rental permit, to a cosmetologist any person
18 who holds a license, certificate of registration, or permit issued by the board, upon
19 application and compliance with the following:
20 (1) Submission of a copy of the written agreement required by R.S.
21 37:592(B).
22 (2) Payment of the booth rental permit fee and the booth rental inspection fee
23 set forth in R.S. 37:599.
24 (3) Receipt of an inspection report from the board indicating approval of the
25 booth.
26 B. Booth rental permits are not transferable except as follows:
27 (1) When the ownership of the salon changes, a booth rental permit can be
28 transferred by filing a new booth rental agreement; or
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1 (2) When the salon changes location, a booth rental permit can be transferred
2 by filing a new booth rental agreement and receipt of an inspection report from the
3 board indicating approval of the booth.
4 * * *
5 §599. Fees
6 A. The following fees shall be assessed by the board:
7 * * *
8 (2) For each initial certificate of registration and each annual renewal of such
9 certificate and each annual renewal of such certificate:
10 * * *
11 (f) Beauty shop or salon
12 * * *
13 (iv) Initial inspection fee for salon or booth rental $25.00
14 * * *
15 (7) If a registrant wishes to restore an expired certificate listed in Paragraph
16 (5) of this Subsection within three years from the date of expiration, he shall be
17 assessed a fee equal to twice the applicable renewal fee for each year the certificate
18 was expired, not to exceed three hundred dollars. in addition to the fee for failure to
19 timely renew.
20 * * *
21 (9) Miscellaneous fees:
22 (a) Official certification of records $15.00
23 (b) Duplicate license $25.00
24 (c) Copy of booth rental contract form $ 5.00
25 * * *
26 Section 2. This Act shall become effective upon signature of the governor or, if not
27 signed by the governor, upon expiration of the time for bills to become law without signature
28 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
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H.B. NO. 1331
1 vetoed by the governor and subsequently approved by the legislature, this Act shall become
2 effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument.
Pinac HB No. 1331
Abstract: Makes various changes to the Louisiana Cosmetology Act, including fees, booth
permits, proceeds from the sale of immovable property, delivery of services, and
record certification.
Proposed law, relative to the Louisiana Cosmetology Act, requires the board to maintain a
permanent testing center to be located in East Baton Rouge Parish. Provides that the center
shall be equipped to accommodate both practical and theory examinations and shall provide
office space for board members and a conference room.
Proposed law retains present law and adds that in the event that the board sells the
immovable property on which the testing center is located together with the improvements
thereon, the revenue derived from the sale shall be retained by the board and shall not be
subject to reversion to the state general fund.
Proposed law provides that the board shall certify licensure status, hours earned, and
examinations completed, upon written request by the licensee or student, free of charge once
during the period of licensure or enrollment. Any subsequent request for certification of
licensure status from a licensee or student must be accompanied by the appropriate fee.
Provides that all other requests must be accompanied by the appropriate fee.
Present law provides that a shop owner who is absent from his respective shop more than two
working days per week shall employ a manager, who is a registered cosmetologist and who
shall obtain a certificate of registration as a manager. Allows a registered manicurist to
manage a manicuring salon, and a registered esthetician to manage an esthetics salon.
Proposed law adds that any cosmetology salon owner who is not a licensed cosmetologist,
any manicuring salon owner who is not a licensed manicurist and any esthetics salon owner
who is not a licensed esthetician, shall employ a manager who is a licensed cosmetologist.
Such manager shall not be absent from the salon more than two working days per week.
Allows a registered manicurist to manage a manicuring salon and a registered esthetician to
manage an esthetics salon.
Proposed law prohibits a person licensed by the cosmetology board from providing any
service for which a license, certificate of registration or permit issued by the Board of
Cosmetology is required, outside of any facility licensed by the board or the Louisiana Board
of Barber Examiners, except for the following:
(1) In the residence of a client who is chronically ill or disabled and who has presented
a physician’s certificate indicating that the client is chronically ill or disabled; or who
has presented evidence that the client has been awarded Social Security Disability or
Supplemental Income Disability Benefits.
(2) In a hospital or infirmary for a patient.
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(3) In a funeral establishment.
(4) At a temporary site such as a television, motion picture, video or theatrical
production, photographic session or similar activity.
(5) At a retail establishment to demonstrate cosmetics in connection with the sale of
cosmetics.
Present law provides that the board shall issue a booth rental permit to a cosmetologist upon
application and compliance with the submission of a copy of the written agreement required
by present law and upon payment of the booth rental permit fee.
Proposed law changes present law to provide that the board shall issue a booth rental permit
to any person who holds a license, certificate of registration or permit (instead of only a
cosmetologist) upon application and compliance with the submission of a copy of the written
agreement required by present law, payment of the booth rental permit fee, and the booth
rental inspection fee and receipt of an inspection report from the board indicating approval
of the booth.
Proposed law adds that booth rental permits are not transferable, except as follows:
(1) When the ownership of the salon changes, a booth rental permit can be transferred
by filing a new booth rental agreement; or
(2) When the salon changes location, a booth rental permit can be transferred by filing
a new booth rental agreement and receipt of an inspection report from the board
indicating approval of the booth.
Present law provides that the initial inspection fee for a beauty shop or salon is $25.
Proposed law adds that the fee is for salon or booth rental.
Present law provides that if a registrant wishes to restore an expired initial certificate for a
school within three years from the date of expiration, he shall be assessed a fee equal to twice
the applicable fee for each year the certificate was expired, not to exceed $300.
Proposed law provides that the fee shall be twice the renewal fee per year and be in addition
to the fee for failure to timely renew. Also, deletes the cap of $300.
Proposed law adds miscellaneous fees as follows:
(1) $15 for official certification of records.
(2) $25 for duplicate licenses.
(3) $5 for copy of booth rental contract form.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 37:575(A)(1), 589, 593, 599(A)(2)(f)(iv) and (A)(7); Adds R.S. 37:587,
591(D), and 599(A)(9))
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Commerce to the original
bill.
1. Adds provisions regarding sale of immovable property.
2. Deletes provisions modifying minimum classroom square footage.
3. Modifies provisions requiring cosmetology services to be delivered in a licensed
facility to limit application to cosmetology licensees, to allow delivery of services
in a facility licensed by the Barber board, and to restrict the exception of delivery
of services outside a licensed facility in a hospital or infirmary to services for a
patient.
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