CHAPTER 7. STATE BOARD OF COSMETOLOGY

§ 7.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—The act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  507—527), known as the Cosmetology Law.

   Board—The State Board of Cosmetology of the Commonwealth.

   Booth space—Any area in a cosmetology shop, cosmetician shop or manicurist shop separated or not separated which is designated to be used by a licensed teacher, cosmetologist, cosmetician or manicurist.

   Bureau—The Bureau of Professional and Occupational Affairs of the Commonwealth.

   Manicuring—Work or maintenance done to the nail or cuticle of the hands or the feet for cosmetic purposes including, and limited to, filing, polishing, coating, nipping, shaping, sculpturing and applying artificial tips and other extensions. The term does not include the removal of corns and callouses but does include the removal of thin, dry skin for cosmetic purposes with a pumice stone or similar nonmetal instrument.

   The provisions of this §  7.1 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

 Fees charged by the Board are as follows:

   The provisions of this §  7.2 amended under sections 5, 11, 12, 13(6), 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 518, 519(6), 520 and 522); amended under section 812.1(a)—(c) of The Administrative Code of 1929 (71 P. S. §  279.3a(a)—(c)).

   The provisions of this §  7.2 adopted July 25, 1975, effective July 26, 1975, 5 Pa.B. 1922; amended December 26, 1986, effective December 27, 1986, except provisions relating to biennial renewal of cosmetologist’s license, biennial renewal of a manicurist’s license and biennial renewal of a cosmetology shop’s license shall be retroactive to December 15, 1986, 16 Pa.B. 4975; amended December 25, 1987, effective December 26, 1987, 17 Pa.B. 5326; amended February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended January 18, 1991, effective January 19, 1991, 21 Pa.B. 226; amended April 19, 1991, effective April 20, 1991, 21 Pa.B. 1807; amended July 24, 1992, effective July 25, 1992, 22 Pa.B. 3863; amended April 9, 1993, effective April 10, 1993, 23 Pa.B. 1718; corrected October 20, 1995, effective April 10, 1993, 25 Pa.B. 4522; amended January 26, 1996, effective January 27, 1996, and apply to examinations administered on and after January 1, 1996, 26 Pa.B. 325; amended May 23, 1997, effective May 24, 1997, and apply to examinations administered in July 1997 and thereafter; amended September 10, 1999, effective immediately and apply to examinations administered on and after September 1, 1999, 29 Pa.B. 4783; amended September 28, 2001, effective September 29, 2001, 31 Pa.B. 5447; amended May 7, 2004, effective May 8, 2004, 34 Pa.B. 2467; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6520; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247. Immediately preceding text appears at serial pages (315822) to (315823).

   This section cited in 49 Pa. Code §  7.32a (relating to contents of examination application); 49 Pa. Code §  7.32g (relating to issuance of temporary licenses to qualified examination applicants); 49 Pa. Code §  7.42 (relating to lost or misplaced licenses and permits); 49 Pa. Code §  7.43 (relating to expiration and renewal of licenses); 49 Pa. Code §  7.44 (relating to escrow of inactive license); 49 Pa. Code §  7.51 (relating to application for a shop license); 49 Pa. Code §  7.52 (relating to change of location or physical dimensions); 49 Pa. Code §  7.53 (relating to change of ownership); 49 Pa. Code §  7.111 (relating to application for a school license); and 49 Pa. Code §  7.113b (relating to change of school location, ownership, fictitious name or supervisor).

INDIVIDUAL LICENSES

§ 7.11. Types of individual licenses.

 The following licensees are issued by the Board to qualified individuals under the act:

   (1)  Teacher.

   (2)  Cosmetologist.

   (3)  Cosmetician.

   (4)  Manicurist.

   The provisions of this §  7.11 amended under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

 An individual holding a teacher’s license is qualified, without further licensure, to perform the functions of a teacher, cosmetologist, cosmetician or manicurist.

   The provisions of this §  7.12 amended under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

   The provisions of this §  7.12 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247. Immediately preceding text appears at serial page (315824).

   The provisions of this §  7.13 amended under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

   The provisions of this §  7.13 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247. Immediately preceding text appears at serial page (303893).

 An individual holding a cosmetologist’s license is qualified, without further licensure, to perform the functions of a cosmetologist, cosmetician or manicurist.

   The provisions of this §  7.14 amended under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

   The provisions of this §  7.14 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended February 24, 1989, effective February 25, 1989, 19 Pa.B. 779. Immediately preceding text appears at serial page (123197).

 An individual holding a cosmetician’s license is qualified to perform cosmetician services only.

   The provisions of this §  7.14a issued under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

   The provisions of this §  7.14a adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 779.

 An individual holding a manicurist’s license is qualified to perform manicuring services only.

   The provisions of this §  7.15 amended under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

   The provisions of this §  7.15 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended February 24, 1989, effective February 25, 1989, 19 Pa.B. 779. Immediately preceding text appears at serial page (123197).

   The provisions of this §  7.16 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; reserved February 24, 1989, effective February 25, 1989, 19 Pa.B. 779. Immediately preceding text appears at serial page (123198).

EXAMINATIONS

§ 7.31. Examination prerequisite for licensure; exception.

 (a)  Except as provided in subsection (b), an individual who wants to obtain a teacher’s, cosmetologist’s, cosmetician’s or manicurist’s license listed in § §  7.12—7.15 shall pass the examination required by the Board for that license.

 (b)  An individual who meets the criteria for licensure by reciprocity under section 9 of the act (63 P. S. §  515) may obtain a license without examination.

   The provisions of this §  7.31 amended under sections 5, 11, 12 and 13(b) of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 518 and 519(b)); amended under section 812.1(a)—(c) of The Administrative Code of 1929 (71 P. S. §  279.3a(a)—(c)).

 Licensing examinations are given on the third Tuesdays of January, April, July and October in Philadelphia, Pittsburgh, Wilkes-Barre, Harrisburg and Erie.

   The provisions of this §  7.31a added under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

 (a)  The deadlines for submitting examination applications are as follows:

 (b)  The application of a first-time examinee will not be processed unless the application is properly completed as set forth in §  7.32a (relating to contents of examination application).

   The provisions of this §  7.32 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

 (a)  The application of a first-time examinee shall include the following:

   (1)  Proof of having met the requirements for the examination applied for as set forth in § §  7.32b—7.32f.

   (2)  A physician’s certification that the applicant is free from contagious, communicable or infectious diseases.

   (3)  The examination fee set by the professional testing organization and the license fee prescribed in §  7.2 (relating to fees).

 (b)  The application of a reexaminee shall be accompanied by the examination fee set by the professional testing organization.

   The provisions of this §  7.32a issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517); amended under sections 11, 12 and 13(b) of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  517, 518 and 519(b)); amended under section 812.1(a)—(c) of The Administrative Code of 1929 (71 P. S. §  279.3a(a)—(c)).

   The provisions of this §  7.32a adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended May 7, 2004, effective May 8, 2004, 34 Pa.B. 2467. Immediately preceeding text appears at serial pages (201675) to (201676).

 An applicant for the teacher’s examination shall:

   (1)  Be 18 years of age or older.

   (2)  Have completed a 12th grade education or its equivalent.

   (3)  Possess a current cosmetologist’s license.

   (4)  Have completed 500 hours of instruction in a cosmetology teacher curriculum in a licensed school of cosmetology.

   The provisions of this §  7.32b issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.32b adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479.

   The provisions of this §  7.32c issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.32c adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247. Immediately preceding text appears at serial page (303896).

 (a)  An applicant for the cosmetologist’s examination shall:

   (1)  Be 16 years of age or older.

   (2)  Except as provided in subsection (b), have done one of the following:

     (i)   Completed a 10th grade education or its equivalent.

     (ii)   Received training from or under the auspices of the Bureau of Rehabilitation in the Department of Labor and Industry.

   (3)  Have done one of the following:

     (i)   Completed 1250 hours of instruction in cosmetology, within a period of not less than 8 consecutive months, as a day-time student in a licensed school of cosmetology.

     (ii)   Completed 1250 hours of instruction in cosmetology, within a period of not less than 15 consecutive months, as a night-time student in a licensed school of cosmetology.

     (iii)   Completed 2,000 hours of training in a Board-approved cosmetology apprentice program.

 (b)  Subsection (a)(2), does not apply to an applicant who is one of the following:

   (1)  A veteran.

   (2)  Thirty-five years of age or older.

   The provisions of this §  7.32d issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.32d adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479.

 An applicant for the cosmetician’s examination shall have completed 300 hours of instruction in skin care in a licensed school of cosmetology.

   The provisions of this §  7.32e issued under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

   The provisions of this §  7.32e adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 779.

 An applicant for the manicurist’s examination shall have completed 200 hours of instruction in manicuring in a licensed school of cosmetology.

   The provisions of this §  7.32f issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.32f added May 24, 1991, effective May 25,1991, 21 Pa.B. 2479.

 (a)  A temporary license may be issued to an applicant who is eligible for admission to the cosmetologist’s or manicurist’s examination and who pays the examination fee set by the professional testing organization and the license fee prescribed in §  7.2 (relating to fees). The purpose of a temporary license is to allow an otherwise qualified applicant to practice pending the applicant’s scoring a passing grade on the examination.

 (b)  A temporary license is valid for 9 months or until the next examination, whichever comes first.

 (c)  The holder of a temporary cosmetologist’s license shall practice under the supervision of a licensed teacher or cosmetologist. The holder of a temporary manicurist’s license shall practice under the supervision of a licensed teacher or cosmetologist.

   The provisions of this §  7.32g issued under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522); amended under sections 11, 12 and 13(b) of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  517, 518 and 519(b)); amended under section 812.1(a)—(c) of The Administrative Code of 1929 (71 P. S. §  279.3a(a)—(c)).

 An examinee taking the practical part of an examination shall bring with him a model.

   The provisions of this §  7.34 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

 An examinee who fails either the practical or theoretical part of the examination for a teacher, cosmetologist, cosmetician or manicurist license will be required to retake and pass the failed portion of the examination.

   The provisions of this §  7.35 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.36 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; reserved May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135621).

DISPLAY, LOSS AND RENEWAL OF
LICENSES AND PERMITS

§ 7.41. Display of licenses and permits.

 A license or permit issued by the Board shall be displayed in a conspicuous place at the place of business or employment of the individual holding the license or permit.

   The provisions of this §  7.41 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

 A licensee or permit holder shall immediately notify the Board when the license or permit has been lost or misplaced and submit the fee for a duplicate license or permit prescribed in §  7.2 (relating to fees).

   The provisions of this §  7.42 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

 (a)  Licenses issued by the Board expire at biennial intervals. A license renewal application is mailed to each licensee approximately 4 weeks before the license expiration date. Renewal of the license is accomplished by submission of the license renewal application and the license renewal fee prescribed in §  7.2 (relating to fees).

 (b)  A licensee who fails to file the biennial renewal application or pay the required biennial renewal fee by the renewal date shall have the license classified as unregistered. As long as a licensee holds an unregistered license, the licensee is not permitted to practice in this Commonwealth. A licensee who practices during a period in which the license was unregistered shall be required to pay a penalty fee of $5, as prescribed in §  7.2, for each month or part of a month that the licensee practices since the expiration of the biennial renewal and may be subject to disciplinary proceedings before the Board or criminal prosecution, or both.

   The provisions of this §  7.43 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.43 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135622).

 A licensee who ceases performing licensed activities shall promptly request the Board in writing to place the license in escrow. An escrowed license may be reactivated upon written application and payment of the license renewal fee prescribed in §  7.2 (relating to fees), unless the period of escrow occurred within a biennial interval.

   The provisions of this §  7.44 issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

 The holder of a teacher’s, cosmetologist’s, cosmetician’s or manicurist’s license that has been expired or in escrow for at least 5 years shall retake and pass the practical part of the examination for that license before submitting a renewal application.

   The provisions of this §  7.45 issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.45 adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247. Immediately preceding text appears at serial page (201681).

LICENSURE AND MANAGEMENT OF SHOPS

§ 7.50. Applicability of requirements.

 The requirements of § §  7.51—7.53, 7.65 and 7.71—7.71b, 7.75—7.78, 7.81 and 7.82, apply equally to cosmetology shops, cosmetician shops and manicurist shops, unless the context indicates otherwise.

   The provisions of this §  7.50 issued under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

 (a)  An owner-applicant for a shop license shall submit a license application to the Board with the following:

   (1)  A sketch plan showing the layout of the shop, including the position of the doors, windows, partitions, shampoo basins, lavatories, adjustable chairs and other floor equipment.

   (2)  The name and license number of the individual who will be the designated person in charge of the shop in the absence of the owner.

   (3)  The shop license fee prescribed in §  7.2 (relating to fees).

 (b)  A license will not be issued until the Board has verified the sworn statements made by the owner-applicant in the application and the shop has been inspected by a Bureau inspector for compliance with the facility requirements of this chapter. If the inspector determines that the shop meets the facility requirements of the act and this chapter, a license will be issued.

   The provisions of this §  7.51 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.51 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247. Immediately preceding text appears at serial page (201682).

 (a)  A shop license is valid only for the location stated on the license. The owner of a shop who wishes to change its location shall submit an application to the Board for a change of shop location together with the information required in §  7.51 (relating to application for shop license) and the fee for change of shop location prescribed in §  7.2 (relating to fees). The application will be processed in the manner prescribed by §  7.51.

 (b)  A shop owner shall submit to the Board for its approval a sketch plan of any proposed change in the physical dimensions of the shop.

   The provisions of this §  7.52 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.52 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135623).

 The owner of a shop shall immediately notify the Board in writing of a change in the controlling ownership of the shop. If a partner or co-owner is being added or deleted, the owner shall submit to the Board an application for change of license and the fee for change of license prescribed in §  7.2 (relating to fees).

   The provisions of this §  7.53 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.53 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135623).

 (a)  A cosmetology shop shall be managed by the shop owner or, in the absence of the shop owner, a person in charge designated by the shop owner.

 (b)  The designated person in charge shall be a licensed cosmetologist.

   (1)  In the case of a cosmetician shop, the designated person in charge may be either a licensed cosmetologist or a licensed cosmetician.

   (2)  In the case of a manicurist shop, the designated person in charge may be either a licensed cosmetologist or a licensed manicurist.

 (c)  Both the owner and the designated person in charge are responsible for posting the name of the owner or designated person in charge in a conspicuous place in the shop as required by section 4.4(b) of the act.

 (d)  The owner or designated person in charge of the shop shall be readily available in person to Bureau inspectors during regular business hours.

   The provisions of this §  7.62 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.62 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended January 23, 1976, effective January 24, 1976, 6 Pa.B. 110; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247. Immediately preceding text appears at serial page (201684).

 (a)  The primary responsibilities of a shop owner or designated person in charge are the administration of the business and personnel affairs of the shop and to assure compliance within the shop with all laws of the Commonwealth, this chapter and the Pennsylvania Human Relations Act (43 P. S. § §  951—963).

 (b)  A shop owner or designated person in charge will be subject to disciplinary action by the Board for a violation of the act or this chapter committed by a licensed employee of the shop, if the owner or designated person in charge had knowledge of, or control over, the violation or should have had knowledge or control.

   The provisions of this §  7.64 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.64 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247. Immediately preceding text appears at serial pages (201684) to (201685).

 The rental of booth space within a shop is prohibited.

   The provisions of this §  7.65 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.65 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text apepars at serial page (135625).

 It is prohibited for any person to refuse, withhold from, or deny to any person because of the person’s race, color, religious creed, ancestry or National origin, either directly or indirectly, any of the accommodations, advantages, facilities or privileges of a cosmetology, cosmetician or manicuring shop.

   The provisions of this §  7.66 issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.66 adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479.

PHYSICAL REQUIREMENTS OF A BEAUTY SHOP

§ 7.71. Equipment and supplies for a cosmetology shop.

 (a)  A cosmetology shop shall contain the following equipment, which is considered the minimum equipment needed for a shop with one cosmetologist:

   (1)  One adjustable chair.

   (2)  One dresserette with mirror.

   (3)  One first-aid kit.

   (4)  One dryer or blow dryer.

   (5)  One shampoo tray or basin.

   (6)  Twelve combs and twelve brushes.

   (7)  One covered waste container.

   (8)  One container for hair pins or clips.

   (9)  One neck strip dispenser.

   (10)  A closed storage area for soiled linen.

   (11)  One timer clock.

   (12)  One closed towel cabinet for clean linen.

   (13)  One dry sterilizer.

   (14)  One wet sterilizer.

   (15)  A reception desk.

 (b)  For each additional cosmetologist, supplies and equipment shall be increased so that each cosmetologist can render services safely and efficiently.

   The provisions of this §  7.71 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.71 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135626).

 (a)  A cosmetician shop shall contain the following equipment and supplies, which is considered the minimum equipment needed for a shop with one cosmetician:

   (1)  One adjustable chair.

   (2)  One dresserette with mirror.

   (3)  One first-aid kit.

   (4)  One covered waste container.

   (5)  A closed storage area for soiled linen.

   (6)  One closed towel cabinet for clean linen.

   (7)  One timer clock.

   (8)  One dry sterilizer.

   (9)  One wet sterilizer.

   (10)  One magnifying lamp.

   (11)  A reception desk.

 (b)  For each additional cosmetician, equipment and supplies shall be increased so that each cosmetician can render services safely and efficiently.

   The provisions of this §  7.71a issued under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

   The provisions of this §  7.71a adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 779.

 (a)  A manicuring shop shall contain the following equipment and supplies, which is considered the minimum equipment needed for a shop with one manicurist:

   (1)  One chair for use in manicure and pedicure.

   (2)  One manicure table with light, chair and stool.

   (3)  One pedicure basin and stand.

   (4)  One first-aid kit.

   (5)  One covered waste container.

   (6)  A closed storage area for soiled linen.

   (7)  One closed towel cabinet for clean linen.

   (8)  Clean linen.

   (9)  One wet sterilizer.

   (10)  One dry sterilizer.

   (11)  A reception desk.

 (b)  For each additional manicurist, equipment and supplies shall be increased so that each manicurist can render services safely and efficiently.

   The provisions of this §  7.71b issued under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

   The provisions of this §  7.71b adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 779.

 The entrance to a shop that is located in a private home shall permit clients to enter the shop directly from the public thoroughfare without passing through any part of the home.

   The provisions of this §  7.75 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.75 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial pages (135628) to (135629).

 (a)  The floor area of a shop operated by one licensee shall have a minimum area of 180 square feet with a minimum width of 10 feet. An additional area of at least 60 square feet is required for each additional licensee in the shop. The Board, upon an applicant’s request, may grant a variance from the space requirements concerning a shop which the Board believes is reasonable.

 (b)  Shops opened prior to September 15, 1976 which have been operating with one cosmetologist shall have sufficient floor space to properly install the equipment with regard to the health and safety of the patrons of the cosmetology shop. It is suggested that the floor space be a minimum of 10 feet by 12 feet or 120 square feet, with 60 square feet for each additional operator. The Board, after examination of the shop’s layout, may grant variance from the shop space requirements which the Board believes is reasonable.

   The provisions of this §  7.76 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.76 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended January 23, 1976, effective January 24, 1976, 6 Pa.B. 110; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135629).

 No part of a shop, including lavatories and laundry facilities, may be used for other purposes.

   The provisions of this §  7.77 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.77 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135629).

 A shop shall display, at or near its main entrance, a sign that is clearly visible indicating to the public that it is a cosmetology shop.

   The provisions of this §  7.78 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.78 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135630).

 A shop shall have adequate lavatories on the premises.

   The provisions of this §  7.79 issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.79 adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479.

   This section cited in 49 Pa. Code §  43a.7 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

ACTIVITIES OUTSIDE A SHOP

§ 7.81. Rendering of services outside a shop.

 A cosmetologist, with the permission of the employing shop, may render cosmetology services to persons at their residences and to persons who are confined to institutions due to illness, imprisonment, old age or similar circumstances.

   The provisions of this §  7.81 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.81 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135630).

 A cosmetologist who renders cosmetology services outside the shop shall maintain at the employing shop complete records for each service rendered outside the shop, including the date, time, place and fee charged. The record of outside services shall be considered part of the records of the shop.

   The provisions of this §  7.82 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.82 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135630).

 A shop that sponsors services outside the shop shall be responsible for ensuring that the cosmetologists are fully supplied and equipped when they perform services outside the shop and that all other requirements of this chapter are complied with.

   The provisions of this §  7.83 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.83 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial pages (135630) to (135631).

HEALTH AND SAFETY IN SHOPS

§ 7.90. Applicability of requirements.

 The requirements of this section and § §  7.91—7.98 and 7.100 apply equally to cosmetology shops, cosmetician shops and manicurist shops, unless the context indicates otherwise.

   The provisions of this §  7.90 issued under sections 5, 11, 14 and 16 of the act of May 13, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

 A shop shall be well lighted and well ventilated. All areas of the shop, including the floors and lavatories, shall be maintained in a safe, orderly and sanitary condition.

   The provisions of this §  7.91 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.91 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135631).

 Razors, tweezers, combs, hairbrushes, and other tools, instruments, utensils and appliances that come into contact with a client shall be sanitized immediately after each use and maintained in a sanitary condition at all times.

   The provisions of this §  7.92 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.92 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135631).

 (a)  Only clean cloth towels or disposable paper towels shall be used on clients. Unused cloth towels shall be kept in a closed cabinet. Unused paper towels shall be kept in a closed cabinet or towel dispenser. A cloth towel that has been used on a client shall be immediately placed in a closed container for soiled linen. A disposable paper towel that has been used on a client shall be immediately discarded in a covered waste container.

 (b)  The headrest of a facial chair shall be covered with a clean cloth towel or an unused disposable paper towel before the start of each facial.

 (c)  A clean cloth towel, unused disposable paper towel or unused neck strip shall be placed around the neck of a client whose hair is about to be cut to prevent the hair cloth from touching the skin.

   The provisions of this §  7.93 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.93 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135631).

 (a)  The use of powder puffs or styptic pencils in a shop is prohibited.

 (b)  Only powdered or liquid astringents, applied with a clean cloth towel or clean piece of cotton, may be used to check bleeding.

 (c)  Creams and other semisolid substances shall be removed from their containers with a sterile spatula or similar utensil. The spatula or similar utensil may not be permitted to come into contact with the skin of a client.

 (d)  An article that has been dropped on the floor or otherwise rendered unsanitary shall be sterilized before it is reused.

   The provisions of this §  7.94 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.94 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135632).

 Every shop employe who serves the public shall be clean as to person and dress and shall thoroughly cleanse the hands immediately before rendering services to a client and immediately after using the lavatory.

   The provisions of this §  7.95 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.95 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135632).

 A licensee who uses a dye, tint or other chemical shall follow the directions of the manufacturer and the regulations and instructions of the Federal Food and Drug Administration that appear on or within the container or packaging of the dye, tint or chemical.

   The provisions of this §  7.96 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.96 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135633).

 (a)  A licensee shall refuse to serve a client whom the licensee believes has an infectious, contagious or communicable disease, unless the client can produce a physician’s certification that the client does not have an infectious, contagious or communicable disease.

 (b)  A nonlicensed cosmetology shop employe who renders shampoos to clients shall have a physician’s certification that the employe does not have an infectious, contagious or communicable disease.

   The provisions of this §  7.97 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.97 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135633).

 The license of a licensee who has pled guilty or nolo contendere to, or has been convicted of, a felony under The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § §  780-101—780-144), or a similar State or Federal law, shall be subject to suspension or revocation under section 20 of the act (63 P. S. §  519).

   The provisions of this §  7.98 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.98 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135633).

 A client may not be left unattended during the heating or processing period of a permanent wave operation.

   The provisions of this §  7.100 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.100 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135634).

 Electrical appliances shall be installed properly and grounded.

   The provisions of this §  7.101 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.101 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135634).

   The provisions of this §  7.104 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; reserved May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135635).

LICENSURE AND ADMINISTRATION OF SCHOOLS
OF COSMETOLOGY

§ 7.111. Application for a school license.

 (a)  An owner-applicant for a school license shall submit a license application to the Board with the following:

   (1)  A sketch plan showing the layout of the school, including the location of classrooms, offices and lavatories and the position of all floor equipment.

   (2)  The name, signature and license number of the school supervisor, together with proof that the supervisor meets the following qualifications:

     (i)   Possesses a current teacher’s license issued by the Board.

     (ii)   Has done one of the following:

       (A)   Acquired 2,500 hours of satisfactory experience as a cosmetology teacher.

       (B)   Acquired 1,250 hours of satisfactory experience as a cosmetology teacher and 1,800 hours of satisfactory experience as the designated person in charge of a cosmetology shop.

   (3)  The name and signature of the person authorized to accept service of legal notice and to transact business on behalf of the school.

   (4)  Proof that the fictitious name of the school, if any, is registered with the Corporation Bureau of the Department of State.

   (5)  Proof of compliance with applicable provisions of 34 Pa. Code (relating to labor and industry).

   (6)  The fees for a school license and approval of a school supervisor prescribed in §  7.2 (relating to fees).

   (7)  Proof of accreditation or application for accreditation in accordance with §  7.113a. (relating to accreditation by a Nationally recognized accrediting agency). Approval by the Department of Education in accordance with Article XVIII of the Public School Code of 1949 (24 P. S. § §  1801—1855) is acceptable proof of accreditation for secondary vocational technical schools.

 (b)  A school license will not be issued until the Board has verified the sworn statements made by the owner-applicant in the license application and the school has been inspected by a Bureau inspector as provided in §  7.113 (relating to inspection of a school before licensure). The Board may request the owner-applicant to appear before the Board to answer questions about the application.

   The provisions of this §  7.111 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.111 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 6, 2007, effective January 7, 2007, 37 Pa.B. 20. Immediately preceding text appears at serial pages (324167) to (324168).

 The final step in the review of an application for a school license is an inspection of the school by a Bureau inspector. If the inspector determines that the school meets the requirements of the act and this chapter, a license will be issued.

   The provisions of this §  7.113 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.113 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial pages (135636) to (135637).

 (a)  Accreditation required. Within 5 years after being licensed by the Board, a school shall submit to the Board proof that it is accredited by a Nationally recognized accrediting agency.

 (b)  Change of ownership, name or location. Except as otherwise provided in subsection (c), a change of ownership, name or location of the school within or following the 5-year period after initial licensure does not negate or postpone the requirement for accreditation within 5 years of initial licensure.

 (c)  Extension for good cause. The Board, upon good cause shown by a new owner who has taken ownership of a school within the 5-year period after initial licensure, may extend the period for obtaining accreditation for up to an additional 5 years from the date the new owner takes ownership.

 (d)  Biennial renewal. After initial accreditation, a licensed cosmetology school shall maintain accreditation as a condition of biennial renewal of the school license.

   The provisions of this §  7.113a issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

 (a)  Change of school location. A school license is valid only for the location stated on the license. The owner of a school who wishes to change its location shall submit to the Board an application for a change of school location, together with the information required in §  7.111(a)(1) and (5) (relating to application for a school license) and the fee for a change of school location prescribed in §  7.2 (relating to fees). An inspection of the new location will be conducted in the manner set forth in §  7.113 (relating to inspection of a school before licensure).

 (b)  Change of school ownership. The owner of a school shall immediately notify the Board in writing of a change in the controlling ownership of the school. If a partner or co-owner is being added or deleted, the owner shall submit to the Board an application for a change of license and the fee for change of license prescribed in §  7.2.

 (c)  Change of school fictitious name. The owner of a school that changes its fictitious name shall, within 30 days of the change, submit to the Board an application for a change of license together with proof of registration with the Corporation Bureau of the Department of State and the fee for change of license prescribed in §  7.2.

 (d)  Change of school supervisor. The owner of a school that changes its supervisor shall submit to the Board an application for approval of a school supervisor and the fee for approval of a school supervisor prescribed in §  7.2. The Board will approve a supervisor who meets the requirements in §  7.111(a)(2).

   The provisions of this §  7.113b issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

 (a)  A school enrolling 25 students or less shall have, at a minimum, the following equipment:

   (1)  Four shampoo basins.

   (2)  Eight hair dryers.

   (3)  Four manicure tables and chairs.

   (4)  Four dry sterilizers.

   (5)  Four wet sterilizers.

   (6)  Four facial chairs.

   (7)  Four complete sets of cold wave equipment.

   (8)  One mannequin for each student.

   (9)  Twelve dresserettes, mirrors and chairs.

   (10)  One locker for each student.

   (11)  Four closed containers for soiled linen.

   (12)  Three closed waste containers.

   (13)  One container for sterile solution for each manicure table.

   (14)  One bulletin board with dimensions of at least 2 feet by 2 feet.

   (15)  One chalkboard with dimensions of at least 4 feet by 4 feet.

   (16)  One linen cabinet.

   (17)  An arm chair or usable table and chair for each student in the theory room.

   (18)  Three timer clocks.

   (19)  Attendance records.

 (b)  These minimum equipment requirements shall increase proportionately as the number of students enrolled in the school increases.

   The provisions of this §  7.114 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.114 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135637).

 (a)  A school shall ensure that each cosmetology student possesses and maintains in sanitary condition the following:

   (1)  One shampoo cape.

   (2)  One pair of scissors.

   (3)  One razor.

   (4)  Two brushes.

   (5)  Six combs.

   (6)  A minimum of 100 pin curl clips.

   (7)  Complete tools for manicuring, including emery boards, nipper or scissors, pusher and brush.

   (8)  A carrying case of sufficient size to accommodate the equipment and supplies used by the student.

   (9)  A basic cosmetology text book. A book of questions and answers is not considered a textbook.

 (b)  A school shall ensure that each cosmetician student possesses and maintains in sanitary condition the following:

   (1)  One facial cape.

   (2)  Two spatulas.

   (3)  One pair of tweezers.

   (4)  One make-up kit.

   (5)  Facial supplies.

   (6)  A carrying case of sufficient size to accommodate the equipment and supplies used by the student.

   (7)  A basic skin care/make-up textbook.

 (c)  A school shall ensure that each manicuring student possesses and maintains in sanitary condition the following:

   (1)  One polish kit.

   (2)  Complete tools for manicuring, including emery boards, nipper or scissors, pusher and brush.

   (3)  A carrying case of sufficient size to accommodate the equipment and supplies used by the student.

   (4)  A basic manicuring textbook.

   The provisions of this §  7.115 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

 A school with a maximum enrollment of 25 students shall have a minimum area of 2,750 square feet, exclusive of office space and lavatory facilities, 750 square feet of which shall be devoted to classroom instruction. An additional area of 9 square feet is required for each additional student.

   The provisions of this §  7.116 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

 (a)  A school shall have separate lavatory facilities on the premises for male and female students.

 (b)  Lavatories shall have hot water available.

   The provisions of this §  7.116a issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

 (a)  A school shall be under the immediate supervision of the school supervisor. The primary responsibility of the supervisor is to ensure that the school conforms to requirements of the act, this chapter and the Pennsylvania Human Relations Act (43 P. S. § §  951—963).

 (b)  A school may not have more than one supervisor. A person may not serve as supervisor of more than one school at the same time.

 (c)  If the school supervisor is unable to be present in the school during a specified period, such as breaks, days off, vacation or illness, not to exceed 3 months, another licensed teacher may serve as temporary supervisor. If the absence is to exceed 2 weeks, the supervisor shall notify the Board in writing of the absence. A notice identifying the temporary supervisor shall be displayed in the school. The temporary supervisor assumes the responsibility of a supervisor as set forth in subsection (a).

   The provisions of this §  7.117 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.117 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135638).

 (a)  A school shall employ as instructors of courses that are part of the required curriculum persons who possess a current teacher’s license issued by the Board, except that a school may employ as instructors of business or teaching skills persons who hold a current teacher’s certificate issued by the Department of Education.

 (b)  The teacher’s license of each instructor employed by the school shall be conspicuously displayed in the school.

 (c)  A school shall employ at least one full-time instructor.

 (d)  The student/teacher ratio of a class taught for credit may not exceed 25 to 1, except if a guest lecture is given by a person who is not regularly employed by the school as an instructor.

 (e)  A school shall have attached to its staff for consultation purposes a physician who possesses a current license to practice medicine in this Commonwealth.

   The provisions of this §  7.118 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.118 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135639).

 Teachers and students shall be attired in washable uniforms during school hours. A teacher’s uniform shall be distinguished from a student’s uniform.

   The provisions of this §  7.118a issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

 A school shall maintain the following records for each student:

   (1)  Daily attendance records.

   (2)  Scholastic records.

   (3)  Financial records.

 (b)  A school shall submit to the Board a notarized quarterly report of the hours attended for each student on a form provided by the Board. The reports shall be submitted by the following dates—April 15, July 15, October 15 and January 15—and shall include the names and license numbers of teachers employed and be personally signed by the owner and supervisor of the school.

 (c)  A school shall make copies of a student’s attendance, scholastic and financial records available to the student upon request. The school may charge the student a fee that covers the reasonable cost of making copies of the records.

 (d)  A school shall retain student hours for a minimum of 7 years. A school that goes out of business shall submit the hours to the Board.

   The provisions of this §  7.119 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.119 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135639).

 A school that enrolls a transfer student from another cosmetology school shall obtain:

   (1)  A notarized transcript from the original school listing the hours earned by the student.

   (2)  Verification from the appropriate licensing authority that the other school is licensed in that state, in the case of a student transferring from an out-of-State school to a Pennsylvania school.

   The provisions of this §  7.119a issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.119a adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479.

 (a)  A school may permit students who have completed at least 300 hours of instruction to work on the public, if the charges for the students’ services are based on the reasonable cost of materials only.

 (b)  A school that permits its students to work on the public shall display in a conspicuous place at the entrance to the school a sign with letters at least 2 inches in height, that states the following: ‘‘ALL WORK IN THE SCHOOL DONE BY STUDENTS ONLY’’ and ‘‘CHARGES FOR REASONABLE COST OF MATERIALS ONLY.’’

 (b)  A school shall display in a conspicuous place at the entrance to the school a sign stating that it is a school of cosmetology.

   The provisions of this §  7.120 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.120 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135640).

 (a)  Advertisements by a school shall contain its licensed name.

 (b)  A school may advertise cosmetology services that are rendered by its students, if the advertisement conspicuously states that all services in the school are performed by students only and that charges for services are based on the reasonable cost of materials only.

   The provisions of this §  7.121 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

   The provisions of this §  7.121 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135640).

 (a)  Day-time students may earn a maximum of 8 hours of credit per day and a maximum of 40 hours of credit per week.

 (b)  Night-time students may earn a maximum of 4 hours of credit per night and a maximum of 20 hours of credit per week, when the school is operated 5 nights per week. If a school is not operated 5 nights per week, a night-time student will be given credit at the rate of hours per night, if actually earned, for each night the student attended.

 (c)  A student may attend a combination of day and night sessions but may not earn more than 8 hours of credit per day.

   The provisions of this §  7.122 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

 A school shall require students to keep their stations clean and to assist in general clean-up and other duties that may be required in an operating shop, except that students may not be required to scrub floors, wash windows or perform janitorial tasks.

   The provisions of this §  7.123 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

 Laundry work is permitted in a school if it is done in an area that is specifically set aside for that purpose.

   The provisions of this §  7.124 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

 A school shall observe the same health and safety requirements that are prescribed for shops in § §  7.91—7.98, 7.100 and 7.101.

   The provisions of this §  7.125 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

 A school shall insure that all notices required to be posted by the Board are displayed in a conspicuous location and maintained in a readable condition. If a Board notice is defaced or removed, the school supervisor shall immediately notify the Board that a replacement notice is needed.

   The provisions of this §  7.127 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

 (a)  A school shall offer instruction in the curriculum for cosmetologists prescribed in §  7.129 (relating to curriculum requirements).

 (b)  A school may offer instruction in the curriculum for teachers, cosmeticians and manicurists as prescribed in §  7.129.

   The provisions of this §  7.128 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

 (a)  Except