CHAPTER 426
AN ACT TO CREATE A STATE BOARD OF COSMETOLOGY AND REGULATE THE PRACTICE OF COSMETOLOGY.
Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House thereof concurring therein):
Section 1. Title 24, Delaware Code, is amended by adding thereto the following new Chapter:
CHAPTER 6. COSMETOLOGISTS
§ 601. Definitions
(a) "Cosmetology" as used in this Act is hereby defined and construed to mean any one and/or combination of practices generally and usually, heretofore and hereafter performed by, and known as the occupation of Beauty Culturists, or Cosmeticians, or Cosmetologists, or Hairdressers, or of any other person holding him or herself out as practicing Cosmetology by whatever designation and within the meeting of this Act and in/and upon whatever place or premises; and in particular Cosmetology shall be defined and shall include—but otherwise not be limited thereby—the following or any one or a combination of practices, to wit: Arranging, dressing, curling, waving, cleansing, cutting, singeing, bleaching, coloring, or similar work, upon the hair of any person by any means, and/or with hands or mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions, creams, or otherwise, massaging, cleansing, stimulating, manipulating, exercising, beautifying, or similar work, the scalp, face, neck, arms, hands, bust, or upper part of the body, or manicuring the nails of any person.
(b) "Cosmetologist" shall mean any person, not an apprentice or a student, following or practicing cosmetology, not owning or managing a Beauty Salon or School of Cosmetology, and who shall have the qualifications hereinafter provided for a cosmetologist.
(c) "Managing Cosmetologist" shall mean a cosmetologist who manages or conducts a Beauty Salon or School of Cosmetology.
(d) "Manicurist" shall mean any person who engages only in the practice of manicuring the nails of any person.
(e) "Demonstrator": Any person who possesses the qualifications of a cosmetologist but who limits his practice to the performing of cosmetological operations upon persons provided for the purpose of being the subjects or models upon whom demonstrations of such practices are to be performed, said demonstration to be performed before groups of apprentices, students, cosmetologists, managing cosmetologists, instructors, or demonstrators as defined in this Section, or salon owners or school owners (or any mixed group thereof) shall be known as a "Demonstrator" of cosmetology and shall hereafter be referred to as a "Demonstrator".
(f) "Apprentice" shall mean any person who is engaged in the learning or acquiring of any or all the practices of cosmetology and while so learning, performs or assists in any of the practices of cosmetology in a school registered or licensed under this Act under the instruction or immediate supervision of an instructor, licensed as such under this Act.
(g) "Instructor" shall mean any persons who is a cosmetologist and who teaches cosmetology or any practices thereof in a duly registered school of cosmetology.
(h) "Student Instructor" shall mean a cosmetologist who is receiving instructions in teacher's training in a duly registered school of cosmetology.
(i) "Beauty Salon" shall mean any place or part thereof, wherein or whereupon cosmetology or any of its practices are followed, whether such place is known or designated as a cosmetician, cosmetological or beauty salon or establishment or whether the person practicing cosmetology therein holds himself out as a cosmetician, cosmetologist or beauty culturist, or by any other name or designation indicating that cosmetology is practiced therein.
(j) "School of Cosmetology" shall mean any place or part thereof, wherein or whereupon cosmetology or any of its practices are taught, whether such place or establishment is known or designated as a cosmetician, cosmetological or beauty culture school or establishment, or by any other name or designation, indicating that cosmetology is taught therein to students.
(k) "Place of Cosmetology" for the purpose of this Act,-shall mean such place wherein or whereupon cosmetology is practiced on the members of the general public for compensation; and such place wherein or whereupon cosmetology is taught to students shall hereinafter be considered as a school of cosmetology; provided, however, that any appropriate name herein mentioned may be used for either such beauty salon or for such school of cosmetology, respectively but such name shall be displayed upon or over the entrance door or doors of such place designating it as a beauty salon or school of cosmetology as the case may be, within the meaning of this Act. Either of such establishments shall be entirely distinct and permanently separated from any living quarters.
(1) "Board" as that term shall be used in this Act shall mean and refer to the Delaware State Board of Cosmetology, as hereinafter provided for.
§ 602. State Board of Cosmetology: Appointment; qualifications; Term of Office; Vacancies; Oaths
There is hereby created the Delaware State Board of Cosmetology, to consist of five persons, citizens of this State for at least five (5) years prior to their appointment, for the purpose of carrying out and enforcing the provisions of this Act. Such Board shall be appointed by the Governor within thirty (30) days after the taking effect of this Act. The members of the Board shall be at least twenty-five (25) years of age, four must have had at least five (5) years practical experience in the majority of the practices of cosmetology and shall be citizens of this State. One (1) member shall be appointed for a term of one (1) year, two members shall be appointed for a term of two (2) years and two members (2) for three years. Thereafter members shall be appointed for three years. Vacancies shall be filled by the Governor for the unexpired portion of the term. Said Board may do all things necessary and convenient for carrying into effect the provisions of this Act, and they may from time to time promulgate necessary rules and regulations compatible with the provisions of this Act. The members of the Board shall receive $15 per day not to exceed 20 days per year. The Board shall hold its meetings in Dover on such days as the Board shall select.
§ 603. Organization; Meetings; Quorum; Powers
One member shall be a resident of the City of Wilmington; one member shall be a resident of New Castle County outside the City of Wilmington; one member shall be a resident of Kent County; one member shall be a resident of Sussex County; and one member shall be appointed at large. One member shall be appointed for a term of one year: Two members shall be appointed for a term of two years and two members shall be appointed for a term of three years and thereafter upon the expiration of the expired terms, each and every member shall be appointed for a term of three years to serve until their successors are appointed and qualified. Before entering upon their duties, each member shall be duly sworn or affirmed to perform faithfully and impartially the duties of his or her office. Three members of the Board shall constitute a quorum. Not more than three members shall be of the same political party.
§ 604. Records of Board
The said Board shall keep a permanent record of its proceedings. It shall keep a register of applicants for certificates or licenses showing the name of the applicant, the name and location of his place of occupation or business, and whether the applicant was granted or refused a Certificate or license. The books and records of the Board shall be prima facie evidence of matters therein contained, shall constitute public records, and shall at all reasonable times be open for public inspection.
§ 605. Requirements for Admission to Examination, Licensing, and Registration
No person shall be admitted to examination or a license under this Act, except as otherwise provided for in this Act, unless such person shall possess the following qualifications:
(a) Cosmetologist—Except as otherwise provided for in this Act, no person may be licensed as a cosmetologist in any one or combination of the practices of cosmetology under this Act, unless such person shall pay the original licensing fee as hereinafter provided for, and have an education equivalent to the completion of the eighth grade or equivalent and shall have served and completed the required time and studies and passed an examination for which a license is applied for as follows:
1. For a complete course of cosmetology, consisting of all or the majority of practices thereof in a school of cosmetology, of at least fifteen hundred (1500) hours of continuous training not to exceed more than eight (8) hours in any one day;
2. Or as an apprentice in a beauty salon for a period of not less than three thousand (3000) hours over a minimum period of two (2) years of continuous training not to exceed more than eight (8) hours in any one day; or, in either event.
3. For any one or a combination of practices as license is applied for, a proportionate number of hours as determined by the Board and of such other subjects as are necessarily related thereto and as uniformly determined by the Board, and
0. Shall have passed an examination to the satisfaction of the Board as provided in this Act.
(b) Manicurist—Except as otherwise provided for in this Act, no manicurist may be licensed as such unless such person shall pay the original licensing fee as hereinafter provided for and shall have completed a course of training of not less than one hundred twenty-five (125) hours in a school of cosmetology and shall have passed an examination to the satisfaction of the Board as provided for in this Act.
(c) Demonstrators—Except as otherwise provided for in this Act, no person may be licensed as a demonstrator, unless such person shall pay the original licensing fee as hereinafter provided and shall be either a licensed cosmetologist, or shall file proof with the Board that he has continuously practiced as a cosmetologist for a period of at least three (3) years prior to the application for license as such demonstrator.
(d) Managing Cosmetologists—Except as otherwise provided for in this Act, no person may be licensed as a managing cosmetologist, unless such person shall pay the original licensing fee as hereinbefore provided for, and shall be a licensed cosmetologist, and has served as such in a registered beauty salon for a period of not less than one (1) year prior to such application for license as managing cosmetologist.
(e) Apprentices—Apprentices in cosmetology shall be registered upon the payment of the original fee as hereinafter provided for, payable upon the commencement of the apprenticeship in a duly registered beauty salon. Such an apprentice shall be 4t least sixteen (16) years of age at the time of such registration. Provided, that any beauty salon that shall take an apprentice shall immediately file with the Board the name and age of each of such apprentices, and the Board shall cause the same to be entered in a registry kept for that purpose.
(f) Students—Students in cosmetology shall be registered by the Board without fee, upon enrollment in a registered school of cosmetology and upon certification by such school of such enrollment. A student shall be at least sixteen (16) years of age at the time of such registration. Provided, that any school of cosmetology that shall enroll such a student shall immediately file with the Board the name and age of such student, and the Board shall cause the same to be entered in a register kept for that purpose.
(g) Instructors—Except as otherwise provided for in this Act, no person may be licensed as an instructor in any one or combination of the practices of cosmetology unless such person shall pay the original licensing fee as hereinafter provided for, and shall hold a license as a cosmetologist issued to him pursuant to Paragraph (a) of Section 605 hereinabove, and in addition,
1. Shall have at least six (6) month teacher's training course in cosmetology in a registered school of cosmetology. In no event shall more than nine (9) months teacher's training be requisite for admission to examination.
2. Or, shall have at least two (2) years' experience as an active practicing cosmetologist and supplemented by not less than three (3) months teacher's training in cosmetology in a registered school of cosmetology. In no event shall more than five (5) months teacher's training be requisite for admission for examination.
3. Or, any resident of Delaware who has held a teacher's license in another State of equal requirements on the effective date of this oath.
(h) Student Instructors—Student Instructors in cosmetology shall be registered as such without fee, upon enrollment in a registered school of cosmetology, and upon certification by such school to the Board of such enrollment. A student instructor at the time of such enrollment shall hold a license as a cosmetologist. Upon the completion of the course prescribed by this Act for a student instructor, said student instructor may make application on a form provided by the Board and pay the examination fee as hereinafter provided for. Said Board shall thereupon cause such applicant to be examined for an instructor's certificate, said examination to be given by the Board and assisted by one who shall possess an Instructor's License. Upon such applicant's successfully passing said examination and the payment of the original licensing fee of an instructor as hereinafter provided for said Board shall issue and give an instructor's certificate. Provided that any school of cosmetology that shall enroll any person as a student instructor shall immediately file with the Board the name and age of such student, his qualifications qualifying him for such course as herein provided, and the Board shall cause the same to be entered in a register kept for that purpose. The sufficiency of the qualifications of applicants for admission to the examinations or for licensing as herein provided for shall be determined by the Board subject to such provisions as the Board shall make. Persons duly registered under any limited or unlimited medical practice laws or lecturers upon subjects not directly appertaining to cosmetology, need not be holders of cosmetologists certificates as provided for in this Act, nor need such persons have the required training in cosmetology and shall otherwise be exempt from the provisions of this Act.
§ 606. Registration of Salons and Schools
(a) It shall be competent for any person, firm, corporation or association to apply to the Board for a certificate of registration as a registered beauty salon or school of cosmetology, within the meaning of this Act, said application to be upon a form prescribed by the Board, and shall be accompanied by the Payment of the original registration fee, as hereinafter provided for. Any beauty salon or school of cosmetology shall after the effective date of this Act fully comply with all the rules and regulations promulgated by the Board as hereinafter provided. Nothing contained in this Act shall prevent a person from operating a registered beauty salon in his or her home provided there is full compliance with the health regulations.
() No beauty salon shall accept an apprentice unless such beauty salon be in charge of a managing cosmetologist, licensed as such. Said salon shall have also on its staff at least one additional licensed cosmetologist; provided, further, that such salon may register one additional apprentice for each two additional licensed cosmetologists attached to its staff. In addition, such salon shall possess the necessary apparatus and equipment for the proper instruction in all subjects for the practices for which a license is required under this Act, and shall maintain a daily record of the attendance of such apprentice or apprentices, together with the number of hours of apprenticeship, and shall certify to the Board upon termination of such apprenticeship the credits earned. Such instruction shall require the necessary training for a complete course comprising all or the majority of the practices of cosmetology as provided in Section 605, Paragraphs (a) and (b) of this Act and such course shall include practical demonstrations and theoretical studies and studies in sanitation, sterilization, and other safety measures, and the use of antiseptics, cosmetics and electrical appliances, consistent with the practical and theoretical requirements as applicable to cosmetology, as provided for in this Act. Every beauty salon shall have a managing cosmetologist, who shall have immediate charge and supervision over the cosmetologists employed in such salon.
(a) Any person, firm or corporation teaching any or all of the practices of cosmetology, shall be required to comply with all provisions applicable to schools of cosmetology or to beauty salons having apprentices and any and all rules which may be promulgated by the Board. No school of cosmetology or beauty salon shall operate within this State unless a proper certificate of registration under this Act has first been obtained. The practice of cosmetology shall not be followed in this State except in a duly registered beauty salon or school of cosmetology except for educational purposes as provided in Section 601, Paragraph (e) of this Act.
§ 607. Requirements of a School
(a) No school of cosmetology shall be granted a certificate of registration unless it shall attach to its staff as a consultant, a person licensed by this State to practice an unlimited or limited branch of medicine, and employ at least one instructor for the first twenty-five students enrolled, and one additional instructor for each additional twenty-five students enrolled; shall possess apparatus and equipment sufficient for the proper and full teaching of all subjects of its curriculum; shall keep a daily record of the attendance of each student, maintain regular class and instruction hours, establish grades, and hold examinations before issuance of diplomas; and shall require a school term of training for a complete course comprising all or the majority of the practices of cosmetology as provided in Section 605 (2) of this Act, together with the minimum number of hours therein prescribed; and shall include practical demonstrations and theoretical studies and study in sanitation, sterilization, other safety measures, and the use of antiseptics, cosmetics and electrical appliances, consistent with the practical and theoretical requirements as applicable to cosmetology or any practice thereof, as provided in this Act. Any such school that shall enroll student instructors, shall not have at any one time more than one such student instructor for each licensed instructor actively engaged in such school.
(b) No instructor or student instructor shall be permitted to practice cosmetology on the public other than that part of practical work which shall pertain directly to the teaching of practical subjects to students.
(c) No student may render any clinical services on patrons for fees until said student has completed a minimum of 500 of the total hours of instruction as required by this Act.
(d) Each school shall display in a conspicuous place within the clinic area of the school a sign which shall read as follows: ALL SERVICES IN THIS SCHOOL PERFORMED BY STUDENTS WHO ARE IN TRAINING AS COSMETOLOGISTS.
(e) No school shall pay compensation to any of its students either directly or indirectly, nor shall the school advertise the fees charged for clinical services.
(f) Each school at the time of application for license and at the time of renewal shall furnish to the Board and maintain in force a bond in the penal sum of five thousand dollars ($5,000) for each twenty students enrolled, running in favor of the State with surety by a corporate bonding company authorized to do business in this State and conditioned that the school licensed under this Act shall afford to its students the full course of instruction required under this Act, in default of which a proportionate amount of the tuition paid by the student shall be refunded.
§ 608. Application for Examination
Each person, who desires to practice any of the practices designated to be within the meaning of this Act, shall file with the Secretary of the said Board a written application for a certificate to practice or for an examination and license to practice as the case may be and as provided in this Act, said application to be accompanied by a health certificate issued by a regularly licensed physician, on a form prescribed and supplied by said Board. Such applicant shall, under oath, submit photographs, satisfactory proof of the required age, educational qualifications, and be of good moral character, and shall deposit with the Secretary the required fee hereinafter provided for.
§609. Admission to Examination
If the Board finds that the applicant has submitted the credentials required for admission to the examination and license, or registration, and has paid the required fee, and shall have complied with the requirements of Section 608, the Board shall admit such applicant to examination or for registration, as the case may be.
§ 610. Examinations
The examination of applicants for a license to practice a classified occupation as designated under this Act shall be conducted under rules prescribed by the said Board and shall include both practical demonstrations, written and oral tests in reference to the practices for which a license is applied and such related studies or subjects as the Board may determine necessary for the proper and efficient performance of such practices; and shall not be confined to any specific system or method, and such examinations shall be consistent with a prescribed curriculum for a Beauty School or Schools of Cosmetology and the practical and theoretical requirements of occupation of Cosmetology as provided by this Act. The Board shall conduct at least three examinations during each year.
§ 611. Certificates or Licenses
If an applicant for examination to practice cosmetology passes such examination to the satisfaction of said Board, and has paid the required fee as provided in Section 612 hereof, and otherwise complies with the requirements provided in this Act, or an applicant who otherwise qualified for registration, and has paid the required fee and complies with the requirements for registration as provided in this Act, the Board shall issue a certificate or license, as the case may be, to that effect, signed by the Secretary and/or members of the Board and attested by its seal. Such certificate or license shall be evidence that the person to whom it is issued is entitled to follow the practices, occupation or occupations, as classified under this Act. The holder of a cosmetologist's license, as herein provided for, shall have the right and privilege to place the initials "R. C." immediately following his or her name to designate him or her as a registered cosmetologist.
§ 612. Fees
The various fees to be paid by the applicants for original registrations, original licenses, annual renewals, temporary permits, licenses issued upon reciprocity, and examinations as required under this Act, shall be as follows:
(a) Original registrations, licenses, and annual renewals thereof:
Beauty Salon, original registration (ownership only) $ 50.00
Beauty Salon, annual renewals 30.00
School of Cosmetology, original registration 100.00
School of Cosmetology, annual renewals 50.00
Fees shall not apply to public school or student in public schools.
Cosmetologist, original license 15.00
Cosmetologist, annual renewal 10.00
Managing Cosmetologist, or owner-manager, original
license 25.00
Managing Cosmetologist, annual renewal 15.00
Manicurist; original license 5.00
Manicurist, annual renewal 5.00
Demonstrator, original license (more than 10 days) 5.00
Demonstrator, annual renewal 3.00
Apprentice, registration fee 5.00
No renewal fees required
Student 5.00
No renewal
Instructor, original license 25.00
Instructor, annual renewal 15.00
License to practice under reciprocity 25.00
Annual Renewals—as prescribed hereinabove for the designated
occupation 25.00
No fees shall be required for the registration of a student or a student instructor nor for the issuance of a temporary permit.
(b) Examinations
|
As a cosmetologist
|
15.00
|
|
As a managing cosmetologist
|
25.00
|
|
As an instructor
|
25.00
|
|
As a manicurist
|
5.00
|
§ 613. Persons Called to Aid of Board
(a) The Board may call to its aid any person or persons of established reputation and known ability in the practices as provided in this Act, for the purpose of conducting examinations and investigations of any or all persons, firm, or corporations affected by this Act. The Board shall appoint a committee to assist in prescribing curriculum which shall be taught by the schools registered under this Act. Said committee shall consist of licensed Cosmetologists registered under this Act. There shall be five (5) members on said committee, and at no time shall there be less than two (2) school owners or instructors on the curriculum committee. The members of the curriculum committee shall meet at the direction of the Board.
§ 614. When Board May Dispense With Examination; Reciprocity
The Board may dispense with examinations of applicants as provided in this Act, may grant Certificates of Registration or Licenses under the respective Sections, upon the payment of the required fee as provided in this Act, provided that such applicant is currently licensed in and has compiled with requirements of another State, Territory, District of Columbia, or Foreign Country, State or Province wherein the requirements for registration were substantially equal to those in force in this State at the time said license was issued by said State, Territory, District of Columbia, or Foreign Country, State or Province or upon due proof that such applicant has continuously practiced the practices or occupation for which a license is applied at least five (5) years immediately prior to such application and upon the payment of a fee provided in Section 612 of this Act; provided, however, that in the cases of Demonstrators as defined in Section 601 .(e) _of, this.,Act, a Certificate to Practice as a Demonstrator for a period not to exceed ten (10) days from the date specified thereon shall be issued by the Board, without charge, upon the presentation by said applicant of a certified copy of the license issued by the State of his residence, or company licensing him as a Demonstrator or Cosmetologist therein.
§ 615. Exemption of Present Practitioners from Examination
Any person, who, at the time for the passage of this Act is, or prior thereto has practiced within this State cosmetology or any of its practices as a cosmetologist, and as such is at the time of the passage of this Act acting as an instructor, managing cosmetologist, or owner of a beauty salon or a school of cosmetology, shall be registered by the Board and shall receive a license to practice and follow the occupation of cosmetology to the same extent and in the same capacity as such person has practiced or is practicing cosmetology or any of the practices thereof as a cosmetologist, instructor, managing cosmetologist, or owner. Such certificates and license shall be issued by the Board without an examination, and such person shall also be exempt from the qualifications heretofore set out as to education, age, or physical examination. Any person studying at the time of the passage of this Act to become a student instructor or studying the occupation of cosmetology or any practice thereof in a school of cosmetology or who shall be acquiring the practice in a beauty salon as an apprentice shall receive credit for the time and hours spent in such; providing that the person or persons to be exempted under this Section as hereinabove provided and providing that the student and apprentice to be credited as hereinabove provided shall within ninety (90) days after the appointment of the Board by the Governor file with said Board an application upon a form prescribed and furnished by the Board for a license to practice or to follow the practice or practices in the same capacity as shall have been followed by his prior thereto or for a certificate of credits as a student or apprentice as the case may be. Such application shall be accompanied by an affidavit sworn to before a Notary Public or an officer authorized to administer oaths, and shall be signed by the applicant, stating the practice or practices followed by him prior thereto or the study pursued, and further providing that such application be accompanied by a registration fee of Fifteen Dollars ($15.00) for applications by cosmetologists. Twenty-five Dollars ($25.00) for instructors, Twenty-five Dollars ($25.00) for managing cosmetologists, Fifty Dollars ($50.00) for owners of beauty salons, Five Dollars ($5.00) for students or apprentices, and One Hundred Dollars ($100.00) for schools of cosmetology. Any license or certificate so issued shall thereafter be renewable as provided in this Act and upon the payment of the renewal fees as provided for in this Act.
§ 616. Powers and Duties of the Board: Hearings, Etc.
The Board shall have the power to refuse, revoke and suspend licenses and certificates, provided for in this Act, upon proof of violation of any of the rules and regulations promulgated by the said Board, or upon proof of violation of any of the Sections in this Act. The Board may refuse to grant or may revoke or suspend any certificate or license issued in any case where the holder of or applicant for such license or certificate shall have been guilty of fraud or dishonest conduct in the taking of the examination herein provided for, or shall at any time have been convicted of a felony or of gross immorality, or shall be guilty of grossly unprofessional or dishonest conduct, or shall be addicted to the excessive use of intoxicating liquors or to the use of drugs to such an extent as to render him or her unfit to practice in any of the practices or occupations set forth in this Act, or who shall advertise by means of knowingly false or deceptive statements, or who shall fail to display the license or certificate issued to him as provided for in this Act. Provided, however, that the Board shall not on any of the grounds in this Section, stated, refuse to issue or renew any license or certificate, nor shall it revoke or suspend any such license or certificate already issued, except after a hearing, of which the applicant or license or the holder of the certificate affected shall be given at least twenty (20) days' notice in writing, specifying the reason or reasons for denying the applicant a license or certificate of registration, or in case of a suspension or revocation, the offense or offenses of which the licensee or the holder of the certificate of registration is charged. Such notice may be served by mailing a copy thereof by registered mail to the last known residence or business address of such applicant, licensee or holder of a certificate. The hearing on such charges shall be at such time and place as the Board may prescribe.
§ 617. Hearing May be Held by Majority of the Board.
Any investigations, inquiry or hearing, which the said Board is empowered by this Act to hold or undertake may be held or undertaken by, or held before any three members of said Board, and shall be deemed to be the finding or order of said Board when approved and confirmed by a majority of four of said Board.
§ 618. Fees
The fees for examinations, licenses and certificates, as provided for in this Act, shall be paid in advance to the Secretary of the Board, and by him paid each month into the State Treasury to the credit of a general fund. On failure to pass an examination the fees shall not be returned to the applicant, but within the year after such failure he or she may present himself or herself and be again examined without the payment of an additional fee.
§ 619. Sanitary Rules
The said Board shall, with the approval of the State Board of Health, prescribe such sanitary rules as it may deem necessary, with particular reference to the precautions necessary to be employed to prevent the creating and spreading of infectious and contagious diseases, and it shall be unlawful for the owner or manager of any hairdressing or cosmetician or cosmetology salon or school to permit any person to sleep in or use for residential purposes any room used wholly or in part as a Beauty Salon or School. It shall be unlawful for any person, firm or corporation to practice cosmetology except in a bona fide established beauty salon or School of Cosmetology, where in the requirements of the Board as to proper, sanitary and exclusive practices of Cosmetology are complied with. Providing, however that a cosmetologist may practice outside of such establishment under such regulations as the Board may provide. The State Board of Health shall make periodic inspections to insure compliance with the requirements of this Section.
§ 620. Temporary Licenses
The Board may issue a temporary license, to any person who otherwise is subject to examination, as provided in this Act, upon documentary or other satisfactory evidence that the applicant therefor has the necessary qualifications to practice any one or any combination of practices of Cosmetology for which a temporary license is applied; providing, however, that such application for a temporary license is accompanied by an application for an examination as provided in this Act and the necessary fee therefor as provided in Section 16 of this Act. Each temporary license shall state the date of expiration and the temporary license shall after such date be void and of no effect. Such temporary license shall in no event remain in force beyond the date of the next regular meeting of the Board at which examinations are held and until the results of the applicants examinations are announced. Two such temporary licenses may be issued to the same person.
§ 621. To Whom Provisions in this Act shall not Apply
(a) Nothing in this Act shall prohibit service in case of emergency, or domestic administration, without compensation, nor services by persons authorized under the laws of this State to practice medicine, surgery, dentistry, registered pharmacist, retailers of cosmetics, chiropody, osteopathy, mortuary science or chiropractic or the occupation of a masseur, nor services by barbers, insofar as their usual and ordinary vocation and profession is concerned, when engaged in any of the following practices, namely: arranging, cleansing, cutting, or singeing the hair of any person; or in massaging, cleansing, manipulating with the hands, stimulating, exercising, or similar work, the scalp, face or neck of any person, with the hands, or with mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.
(b) Nothing in this Act shall be construed to apply to the educational activities conducted in connection with any monthly, annual or other special educational program of any bona fide association of licensed cosmetologists, from which the general public is excluded.
§ 622. Display of Certificates
Every holder of a certificate or license granted by the said Board, as provided in this Act, shall display it in a conspicuous place in his or her principal office, place of business or employment.
§ 623. Renewal of Certificates
The holder of a certificate or license issued by Board as provided in this Act, who continues in active practice of said occupation within the meaning of this Act, shall annually on the 1st day of January, renew his or her certificate or license and pay the renewal fee, as provided in Section 612. A certificate or license which has not been renewed prior to the 1st day of March in that year, shall expire on the 1st day of March in that year. The holder of the expired certificate or license may have within three (3) years of the date of the expiration, the certificate restored upon the payment of the required renewal fee and satisfactory proof of his or her qualifications to assume practice or occupation. The restoration fee shall be as follows: the sum of the accumulated annual renewal fees for such classification as provided for in Section 612 for the lapsed period, plus the fee for the current year.
§ 624. Duration and Renewal of Certificates
The first certificates or licenses issued under this Act shall be valid until 31st day of December, 1963. Thereafter no certificate or license shall be issued for a longer period than one year, and all certificates shall expire on the 31st day of December next succeeding, unless renewed for the next year, and upon payment of the fees for renewals as herein provided.
§ 625. Penalties
Any person or corporation who shall practice cosmetology or any of the practices thereof, maintain a school of cosmetology or a Beauty Salon, or act in any capacity wherein a certificate or license is required, without a certificate or license provided in this Act, or shall in any other form or manner violate any of the provisions of this Act, shall be guilty of a misdemeanor, and shall be fined not to exceed One Hundred Dollars ($100.00) or shall be imprisoned for no more than ninety (90) days, or both, and if a corporation, shall be punished by a fine of not more than $200.00.
§ 626. Appeals
Findings made by the Board acting within its power shall, in the absence of fraud, be conclusive, but the Superior Court of the County in which the aggrieved person shall reside shall have the power to review such proceedings in accordance with the laws of this State therefor provided; provided, that the application for such review is made by the aggrieved party within thirty (30) days after the determination of the Board. All expenses and cost of proceedings and hearing under this Section shall be assessed and paid as costs are assessed and paid in any court of record.
§ 627. Effect of Partial Invalidity of Act
If any Section, sub-section, sentence, clause or phrase of this Act is for any reason held to be unconstitutional or invalid such decision shall not affect the validity of the remaining portions of this Act. The General Assembly hereby declares that it would have passed this Act and each Section, sub-section, sentence, clause and phrase thereof, irrespective of the fact that any one or more Sections, sub-sections, sentences, clauses and phrases be declared unconstitutional or invalid.
§ 628. Repeal of Inconsistent Acts
All Acts or parts of Acts in conflict herewith are hereby repealed.
§ 629. Exceptions
Nothing contained in this Chapter shall affect the instructional program of cosmetology as conducted in the State of Delaware Public Schools. Any student who has completed the prescribed course in cosmetology in the State of Delaware Public Schools will be eligible to take State Board Tests in order to meet the requirements of licensing under this Chapter.
Approved August 6, 1962.