Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 19, 2024

 

S. 1132

 

Introduced by Senator Davis

 

S. Printed 03/19/24--S.                                                                          [SEC 3/20/2024 6:34 PM]

Read the first time March 05, 2024

 

________

 

The committee on Senate Labor, Commerce and Industry

To whom was referred a Bill (S. 1132) to amend the South Carolina Code of Laws by amending Section 40-7-20, relating to definitions concerning barbers and barbering, so as to revise and add definitions, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 2, by striking Section 40-7-390(6) and inserting:

    (6) unless otherwise prescribed by law, persons authorized by state law to practice cosmetology only when they are practicing in salons or schools of cosmetology and persons providing blow-dry styling but no other services requiring a license under this chapter; and

Amend the bill further, SECTION 3, by striking Section 40-13-20(3)(a) and (b) and inserting:

       (a) arranging, styling, thermal curling, chemical waving, pressing, shampooing, cutting, shaping, chemical bleaching, chemical coloring, chemical relaxing, or similar work, upon the hair, wig, or hairpiece of any person, by any means, with hands or mechanical or electrical apparatus or appliances;

       (b) using cosmetic preparations, makeup, antiseptics, lotions, creams, chemical preparations on, or otherwise, or waxing, tweezing, cleansing, stimulating, manipulating, beautifying, or similar work on the scalp, legs, feet, face, neck, arms, or hands;  or

Amend the bill further, SECTION 3, by striking Section 40-13-20(6) and inserting:

    (5)(6) "Esthetician" means a person including, but not limited to, an independent contractor, who is licensed to practice skin care, makeup, or similar work. Skin care is for the sole purpose of beautifying the skin.

Amend the bill further, SECTION 3, Section 40-13-20, by adding a subsection to read:

       (9) "Makeup artistry" means the application of a cosmetic to enhance the appearance of the face or skin, including powder, foundation, rouge, eyeshadow, eyeliner, mascara, and lipstick. It includes the application of makeup applied using an airbrush. It excludes the application of permanent makeup or tattooing. It is distinct from the practice of cosmetology.

 

Renumber sections to conform.

Amend title to conform.

 

THOMAS DAVIS for Committee.

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-7-20, RELATING TO DEFINITIONS CONCERNING BARBERS AND BARBERING, SO AS TO REVISE AND ADD DEFINITIONS; BY AMENDING SECTION 40-7-390, RELATING TO CERTAIN PERSONS EXEMPT FROM REGULATION BY THE STATE BOARD OF BARBER EXAMINERS, SO AS TO EXEMPT PERSONS PROVIDING BLOW-DRYING OR HAIR-BRAIDING SERVICES BUT NO OTHER SERVICES REGULATED BY THE BOARD; BY AMENDING SECTION 40-13-20, RELATING TO DEFINITIONS CONCERNING COSMETOLOGISTS AND COSMETOLOGY, SO AS TO REVISE AND ADD DEFINITIONS; BY AMENDING SECTION 40-13-360, RELATING TO CERTAIN PERSONS EXEMPT FROM REGULATION BY THE STATE BOARD OF BARBER EXAMINERS, SO AS TO EXEMPT PERSONS PROVIDING BLOW-DRYING OR HAIR-BRAIDING SERVICES BUT NO OTHER SERVICES REGULATED BY THE BOARD; AND BY REPEALING SECTION 40-7-255 RELATING TO THE REGULATION OF HAIR-BRAIDING PRACTITIONERS.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 40-7-20 of the S.C. Code is amended to read:

 

    Section 40-7-20. As used in this chapter:

    (1) "Practice of barbering" means any one or a combination of:

       (a) shaving or trimming a beard, cutting the hair, or hairstyling;

       (b) giving facial or scalp massages or treatments with oils, creams, lotions, or other preparations, either by hand or mechanical appliances;

       (c) singeing, shampooing, or dyeing the hair or applying hair tonics or chemicals to wave, relax, straighten, or bleach the hair;

       (d) applying cosmetic preparations, antiseptics, powders, oils, clays, and lotions to the scalp, neck, or face;

       (e) cutting, shaping, fitting, styling, and servicing hairpieces, toupees, and wigs.

    (2) "Hair braiding" means the weaving or interweaving of natural human hair for compensation without cutting, coloring, permanent waving, relaxing, removing, or chemical treatment. Hair braiding also includes the use of hair extensions, except when used in public places including, but not limited to, beaches, parks, and sidewalks. Hair braiding is distinct from the practice of barbering as defined in item (1).

    (3) "Blow-dry styling" means the practice of shampooing, conditioning, drying, arranging, curling, straightening, or styling hair using only mechanical devices, hair sprays, and topical agents such as balms, oils, and serums. It includes the use and styling of hair extensions, hairpieces, and wigs. It excludes cutting hair or the application of dyes, bleach, reactive chemicals, keratin treatments, or other preparations to color or alter the structure of hair. It is distinct from the practice of barbering as defined in item (1).

 

SECTION 2.  Section 40-7-390 of the S.C. Code is amended to read:

 

    Section 40-7-390.  These persons are exempt from this chapter while engaged in the proper discharge of their professional duties:

    (1) persons authorized under the laws of this State to practice medicine and surgery;

    (2) commissioned medical or surgical officers of the United States Army, Navy, or Marine hospital service;

    (3) registered nurses;

    (4) students in schools, colleges, and universities who practice barbering only upon students in the school, college, or university premises for the purpose of earning part of their school expenses;

    (5) undertakers;

    (6) persons authorized by state law to practice cosmetology only when they are practicing in salons or schools of cosmetology and persons providing blow-dry styling but no other services requiring a license under this chapter; and

    (7) persons providing hair braiding but no other services requiring a license under this chapter.

 

SECTION 3.  Section 40-13-20 of the S.C. Code is amended to read:

 

    Section 40-13-20.  As used in this chapter:

    (1) "Beauty salon" or "salon" means a building or any place, or part of a place or building including, but not limited to, a rental booth, in which cosmetology is performed on the general public for compensation.

    (2) "Blow-dry styling" means the practice of shampooing, conditioning, drying, arranging, curling, straightening, or styling hair using only mechanical devices, hair sprays and topical agents, such as balms, oils, and serums. It includes the use and styling of hair extensions, hairpieces, and wigs. It excludes cutting hair or the application of dyes, bleach, reactive chemicals, keratin treatments, or other preparations to color or alter the structure of hair. It is distinct from the practice of cosmetology.

    (3) "Cosmetology" means engaging in any of these practices or a combination of these practices when done for compensation either directly or indirectly:

       (a) arranging, styling, thermal curling, chemical waving, pressing, shampooing, cutting, shaping, chemical bleaching, chemical coloring, chemical relaxing, or similar work, upon the hair, wig, or hairpiece of any person, by any means, with hands or mechanical or electrical apparatus or appliances;

       (b) using cosmetic preparations, make-up, antiseptics, lotions, creams, chemical preparations on, or otherwise, or waxing, tweezing, cleansing, stimulating, manipulating, beautifying, or similar work on the scalp, legs, feet, face, neck, arms, hands;  or

       (c) manicuring or pedicuring the nails of a person or similar work.

    (3)(4) "Cosmetologist" means a person including, but not limited to, an independent contractor, not a student, who is licensed to practice cosmetology.

    (4)(5) "Cosmetology school", "beauty school", or "school" means a place or part of a place in which cosmetology or any of its practices are taught.

    (5)(6) "Esthetician" means a person including, but not limited to, an independent contractor, who is licensed to practice skin care, make-up, or similar work. Skin care is for the sole purpose of beautifying the skin.

    (6)(7) "Independent contractor" means a licensed practitioner who rents or leases a place or part of a place in a beauty salon.

    (7)(8) "Instructor" means a person who is licensed to teach cosmetology or any practices of cosmetology in accordance with this chapter.

    (8)(9) "Nail technician" means a person including, but not limited to, an independent contractor, who is licensed to practice manicuring or pedicuring the nails or similar work.

    (9)(10) "Student" means a person who is engaged in learning or acquiring the practices of cosmetology and, while learning, performs or assists in any of the practices of cosmetology in a school licensed under this chapter and under the instruction or immediate supervision of an instructor licensed under this chapter.

    (10)(11) "Approved school" means a cosmetology, esthetician, or nail technician school licensed by the Board of Cosmetology or the board's equivalent in the jurisdiction in which it is physically located. In states where licensure of a school is not required, a license may be issued, upon application and approval by the board.

 

SECTION 4.  Section 40-13-360 of the S.C. Code is amended to read:

 

    Section 40-13-360. The following are exempt from this chapter while engaged in the proper discharge of their professional duties:

    (1) a manufacturer's representative or sales person who demonstrates a product or technique for a promotional purpose;

    (2) an educational activity conducted in connection with a monthly, annual, or other special program from which the general public is excluded, provided this exemption applies only to the specific days of the special program;

    (3) a demonstration conducted by a manufacturer or a wholesaler for the purpose of exhibiting the technical application and use of a product;  and

    (4) an unlicensed person employed in a cosmetology salon whose duties are expressly confined to shampooing hair under the direct supervision of a cosmetologistengaged in blow-dry styling but no other services requiring a license under this chapter; and

    (5) a person providing makeup artistry but no other services requiring a license under this chapter.

 

SECTION 5.  Section 40-7-255 of the S.C. Code is repealed.

 

SECTION 6.  This act takes effect upon approval by the Governor.

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