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09.22.01 - Board of Cosmetologists - Proposed Regulations

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 44, ISSUE 2,
FRIDAY, JANUARY 20, 2017

Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 22 BOARD OF COSMETOLOGISTS

09.22.01 General Regulations

Authority: Business Occupations and Professions Article, § 5-205, Annotated Code of Maryland

Notice of Proposed Action
[17-036-P]

The Board of Cosmetologist proposes to repeal existing Regulation .05, amend Regulations .11, .12, and .13, and recodify existing Regulations .06—.16 to be Regulations .05—.15 under COMAR 09.22.01 General Regulations. This action was considered at public meetings held on October 3, 2016 and December 5, 2016 notice of which was posted on the agency’s website, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to remove the makeup artist license, which is no longer a license category; remove requirements for non-English speakers, reading disabled and/or hearing impaired individuals for apprenticeships; add descriptions of the content of examinations for two new license categories (hair stylist and blow dry); and amend the regulation to reflect that the fees will paid directly to the testing service chosen by the Board to administer the examination and to add the fees for the blow dry and hair stylist licenses.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Shirley Leach, Executive Director, Board of Cosmetology, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6195, or email to shirley.leach2@maryland.gov, or fax to 410-555-1212. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Board of Cosmetologists during a public meeting to be held on April 3, 2017 at 10 a.m., at 500 N. Calvert Street, 3rd Floor, Baltimore, Maryland 21202.

[.11] .10 Apprenticeship Registration Requirements.
[A.] A person may be registered as an apprentice if the person:
[(1)] A.— [(4)] D. (text unchanged)
[B. Non-English-Speaking or Reading-Disabled Individuals. An individual who is non-English-speaking or who demonstrates dyslexia or other reading impairments shall participate in English comprehension or reading comprehension courses during the apprenticeship
C. Hearing-Impaired Individuals. Hearing-impaired individuals registered as apprentices shall participate in courses during the apprenticeship to allow them to understand directions, explanations, or needs of examiners and patrons.]

[.12] .11 Examinations.
A.—K. (text unchanged)
L. Contents of Blow Drying Examination.
(1) A blow drying examination shall consist of a theoretical portion and a practical portion.
(2) The theoretical portion of the blow drying examination shall consist of questions which embrace the subjects of beautifying, cleaning, and arranging hair found in cosmetology textbooks including, but not limited to, the following:
(a) Sanitation and disinfection;
(b) Disease and disorders;
(c) Arranging hair;
(d) Cleansing hair;
(e) Curling hair;
(f) Dressing hair;
(g) Blow drying hair;
(h) Singeing hair; and
(i) Beautifying hair.
(3) The practical portion of the blow drying examination shall consist of the candidate demonstrating and explaining:
(a) Arranging hair;
(b) Cleansing hair;
(c) Curling hair;
(d) Dressing hair;
(e) Blow drying hair;
(f) Singeing hair; and
(g) Beautifying hair.
M. Content of Hair Stylist Examination.
(1) A hair stylist examination shall consist of a theoretical and a practical portion.
(2) The Theoretical portion of the hair stylist examination shall consist of questions which embrace the subjects of the hair styling found in basic cosmetology textbooks, including, but not limited to, the following:
(a) Sanitation and disinfection;
(b) Chemical applications;
(c) Hair cutting and styling techniques;
(d) Diseases and disorders; and
(e) Laws and regulations regarding the practice of hair styling.
(3) The practical portion of the hair styling examination shall consist of the candidate demonstrating and explaining:
(a) Wet set or thermal curl set;
(b) Permanent cold wave;
(c) Chemical relaxing;
(d) Hair pressing;
(e) Croquignole curl;
(f) Bleach and tint;
(g) Blended haircut;
(h) Fingerwave;
(i) Pincurls; and
(j) Roller placement.

[.13] .12 Fees.
A. Examination Fees. An applicant for examination or reexamination shall pay an examination or reexamination fee directly to the testing service chosen by the Board to develop or administer the examination.
[(1) The following examination fees shall be paid at the time a person files an application to take an examination:
(a) Senior cosmetologist ... $50;
(b) Cosmetologist ... $80;
(c) Esthetician ... $80;
(d) Nail technician ... $80.
(2) The following examination fees shall be paid at the time a person files an application to retake a portion of an examination:
(a) Senior cosmetologist ... $50;
(b) Cosmetologist, nail technician, or esthetician:
(i) Full exam ... $80;
(ii) Practical only ... $50;
(iii) Theory only ... $50;]
B. License, Permit, and Registration Fees. Except as provided in this subsection, the following fees shall be paid to the Board prior to the issuance or renewal of a license, permit, or registration:
(1)—(3) (text unchanged)
(4) [makeup artist] Blow dry … $25;
(5)—(6) (text unchanged)
(7) [Apprentice … $10.] Hair stylist …$25;
(8) Apprentice … $10.

C.—I. (text unchanged)

SHIRLEY LEACH
Executive Director
Board of Cosmetologists