Public Law 75–321

Section 1.

That the following words or phrases, unless the context

District of Columbia, cosmetology.

Definitions.

clearly indicates otherwise, shall have the meanings ascribed to them in this section:

Sec. 2.

Sec. 3.

The Board is hereby empowered to make and enforce such

Regulations.

rules and regulations, subject to the approval of the Commissioners of the District of Columbia, as it deems necessary to carry out the provisions of this Act.

Sec. 4.

The Board shall have the power to refuse, revoke, or

Powers and duties of Board.

suspend licenses or certificates, after full hearing, on proof of violation of any provisions of this Act or the rules and regulations established by the Board under this Act, and shall have the power to require the production of such books, records and papers as it may desire. Before any certificate shall be suspended or revoked for any

Suspension or revocation of certificates, procedure.

of the reasons contained in this section, the holder thereof shall have notice, in writing, of the charge or charges against him or her, and shall, at a day specified in said notice, which shall be at least five days after the service thereof, be given a public hearing with a full opportunity to produce testimony in his or her behalf. Any person whose certificate of registration has been so suspended or revoked may, after the expiration of ninety days, on application to the Board, have the same reissued to him or her upon satisfactory proof that the disqualification has ceased.

Sec. 5.

An appeal may be taken from any action of the Board to

Appeal from action of Board.

the Commissioners of the District of Columbia and the decision of the said Commissioners shall be final.

Sec. 6.

It shall be unlawful for any person in the District of Columbia

Practice of cosmetology without registration prohibited.

to practice or teach cosmetology or manage a beauty shop, or to use or maintain any place for the practice or teaching of cosmetology for compensation, unless he or she shall have first obtained from the Board a certificate of registration as provided in this Act, Nothing

Exemption of those now actually engaged; exception.

contained in this Act, however, shall apply to or affect any person who is now actually engaged in any such occupation, except as hereinafter provided.

Sec. 7.

Before any person may practice or teach cosmetology or manage a beauty shop, such person shall file with the Board a written application for registration, accompanied by a health certificate issued by a registered licensed physician of the District of Columbia, under oath, on a form which shall be prescribed and supplied by the Board, and such applicant shall submit satisfactory proof of the required

Registration fee; examination as to fitness

age, educational qualifications, and be of good moral character, shall deposit with the said Board the registration fee, and pass an examination as to fitness to practice or teach cosmetology or manage a beauty shop, as hereinafter provided in this Act.

Sec. 8.

No person shall be permitted by the Board to take an examination to receive a certificate as an operator unless such person shall be at least sixteen years of age, of good moral character, has received an education equivalent to the completion of the eighth grade of

Student training.

elementary school, and either has been registered as a student and has had training, as hereinafter provided in this Act, in a school of

Apprenticeship service.

cosmetology duly registered by the Board or has been registered and served as an apprentice at least eight months as hereinafter provided

Proviso.

Waiver provision.

in this Act: Provided, however, That the Board may permit a person to take an examination without the prior studentship or apprenticeship herein required if such person shall establish, to the satisfaction of the Board, that he or she has been an operator in the active practice of cosmetology for at least twenty-four months within the five years

Age, character, education, etc.

next preceding the effective date of this Act. No person shall be permitted to take an examination for a certificate to teach cosmetology or act as manager of a beauty shop unless such person shall be at least eighteen years of age, of good moral character, has received an education equivalent to the completion of the eighth grade of elementary school, and either has had at least three years’ experience as an operator in a beauty shop or has served as such operator in a registered beauty shop for a period of not less than six months and shall have a training in a registered school of cosmetology of not less than two thousand hours, including the hours of study necessary to

Determination of qualifications.

become an operator. The sufficiency of the qualifications of applicants for admission to the examination or for registration shall be deter-mined by the Board, but the Board may delegate the authority to determine the sufficiency of such requirements to the secretary of the Board, subject to such provisions as the Board shall make for appeal to the Board.

Sec. 9.

A limited certificate of registration to manicure the nails only may be applied for and granted under all of the terms and conditions of this Act, except that the examination therefor may be limited to such practice only and the required schooling shall be not less than one hundred hours. A limited certificate of registration for any one or a combination of practices as license is applied for may be granted under all of the terms and conditions of this Act, except that the examination therefor shall be limited to the subjects in question, and a proportionate number of hours of training as determined by the Board shall be required.

Sec. 10.

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 the District of Columbia to practice medicine and surgeryor osteopathy and surgery and employ and maintain a sufficient number of competent instructors, registered as such, and shall possess

Equipment.

apparatus and equipment sufficient, for the proper and full teaching of all subjects of its curriculum which shall be as prescribed by the Board; shall keep a daily record of the attendance of each student,

Student regulations.

maintain regular class and instruction hours, establish grades, and hold examinations before issuance of diplomas; and shall require a school term of training of not less than one thousand five hundred hours within a period of not less than eight months for a complete course comprising all or the majority of the practices of cosmetology as provided in this Act; and to include practical demonstrations and

Demonstrations, studies, etc.

theoretical studies and study in sanitation, sterilization, 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. In no case shall there be less than one instructor to each twenty-five pupils. Any

Compliance with provisions required.

person, firm, or corporation teaching any or all practices of cosmetology shall be required to comply with all provisions applying to schools of cosmetology within the meaning of this Act.

Sec. 11.

It shall be unlawful for any school of cosmetology to permit

Student practice upon the public for pay prohibited; exception.

its students to practice cosmetology upon the public under any circumstances except by way of clinical work upon persons willing to submit themselves to such practice after having first been properly informed that operator is a student. No school of cosmetology shall,

Charges.

directly or indirectly, charge any money whatsoever for treatment by its students or for materials used in such treatment, until such student shall have at least five hundred hours of training.

Sec. 12.

It shall be unlawful for any person to practice cosmetology

Practice in beauty shops only.

for pay in any place other than a registered beauty shop; Provided, That a registered operator may in an emergency furnish

Proviso.

Emergencies.

cosmetological treatments to persons in the permanent or temporary residences of such persons by appointment. Every beauty shop shall

Supervision.

have a manager, who shall have immediate charge and supervision over the operators practicing cosmetology.

Sec. 13.

The Board may issue the certificate of registration required

Exceptions to examination requirements.

by this Act without an examination or compliance with the other requirements as to age or education to any person who has practiced or taught cosmetology or acted as a manager of a beauty shop or school of cosmetology in the District of Columbia for at least six months immediately prior to the passage of this Act.: Provided,

Provisos.

Applications for certificates.

That such person shall make application to the Board for a certificate of registration within ninety days after the effective date of this Act. Such application shall be accompanied by an affidavit, of a registered licensed physician that the applicant was examined and is free from all contagious and infectious diseases and the registration fee required by this Act. Any person studying cosmetology

Credits for time and studies to be given.

in a school of cosmetology or as an apprentice in a beauty shop in the District of Columbia at any time this Act goes into effect shall receive credit for such time and studies without complying with the requirements of this Act as to age and preliminary education: Provided, That such person shall make application to the Board for

Time limitation.

registration as a student or apprentice within three months after

Graduates of registered. schools, temporary permits.

this Act goes into effect. Students, upon graduating from registered schools of cosmetology, may apply for and receive from the Board a temporary permit to practice as an operator until the next, regular examination held by the Board under the provisions of this Act.

Sec. 14.

Any cosmetologist who is a beauty-shop owner and who is a holder of a teacher’s certificate may instruct apprentices: Provided, That there shall be no less than three licensed operators for each apprentice in any shop and there shall be no more than two apprentices in any shop, and provided such shop is not held out as a school of cosmetology. Such apprentices may apply for examination at the end of their apprenticeship at the next regular examination held by the Board and, if successful therein, shall be registered as operators. Registered apprentices, upon completion of their required term of apprenticeship, may apply for and receive from the Board a temporary permit to practice as an operator until the next regular examination.

Sec. 15.

The agents or employees of manufacturers of beauty-shop and cosmetological products and equipment employed by the said manufacturers for the purpose of conducting sales demonstrations, lectures, or expositions shall be required to register with the Board within three days after such employment. The Board shall issue permits to such agents or employees for the purpose of permitting such persons to conduct sales demonstrations, lectures, and expositions of beauty-shop and cosmetological products and equipment

Proviso.

No charge for materials or services.

upon the payment of the required fee: Provided, however, That no charge of any kind, whether for materials used or services rendered, shall be made by the manufacturer, his agent or employee, for said services rendered or said materials used in connection with or incidental to the conduct of such sales demonstration, lecture, or exposition.

Report of termination of employment.

In the event of the termination of the employment of such agent or employee referred to in this section, the said employer herein referred to shall immediately report such fact to the Board, and the permit of such person shall thereupon be canceled and voided.

Demonstrations by canvassers.

No person canvassing the residents of the District of Columbia, in connection with the advertisement or sale or both of cosmetological products or equipment, shall be permitted to give practical demonstration of such products or equipment unless each such person or his agent shall first have procured from the Board a certificate of registration and a license so to demonstrate upon the payment of the required fee as hereinafter provided.

Sec. 16.

The Board may dispense with examinations of applicants as provided in this Act and may grant a certificate of registration as provided in this Act in all cases where such applicants have complied with the requirements of another State, territory or foreign country, state, or province, wherein the requirements for registration are substantially equal to those in force in the District of Columbia at the time of filing application for such certificate, or upon due proof that such applicant has continuously engaged in the practices or occupation for which a license is applied for at least five years immediately prior to such application and upon the payment of the required fee.

Sec. 17.

If an applicant to examination to practice cosmetology

Issuance to applicants complying with designated requirements.

passes such examination to the satisfaction of the Board, and has paid the required fee, and otherwise complies with the requirements provided in this Act, or an applicant otherwise for registration, 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 president and secretary 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 an operator, manager, or instructor, or own and maintain a beauty shop or school of cosmetology as stipulated therein and as prescribed in this Act. Such certificate or license shall be conspicuously displayed

Display.

in his or her principal office, place of business, or employment.

Sec. 18.

The examination of applicants for a license to practice

Rules; subject matter.

under this Act shall be conducted under the rules prescribed by the Board, and shall include both practical demonstrations and written or oral tests in reference to the practices for which a license is applied for 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 examination shall be consistent with a prescribed curriculum for a beauty school or school of cosmetology and the practical and theoretical requirements of the occupation of cosmetology as provided by this Act. The Board shall hold public

Dates for holding public examinations.

examinations on the second Tuesdays in January, April, July, and October in the District of Columbia, at such hours as the Board shall prescribe. The Commissioners of the District of Columbia are hereby authorized and directed to provide suitable quarters for such examinations.

Sec. 19.

The initial registration fee for the issuance of a license,

Fees.

with or without examination, shall be as follows: $10 for owners managers, and instructors; $5 for operators; $3 for manicurists; and $100 for schools of cosmetology. Annual renewal fees shall be $5 for owners, managers, and instructors; $3 for operators; $2 for manicurists; and $50 for schools of cosmetology. The fee for a temporary certificate for a student or an apprentice shall be $2. For

Sales demonstrators, etc.

the issuance of a certificate to a sales demonstrator or lecturer or to an itinerant demonstrator, canvassing the residents of the District of Columbia, the fee shall be $5. For the issuance of a certificate

Operators licensed elsewhere meeting D. C. requirements.

without examination to operators or instructors licensed in jurisdictions meeting the requirements of the District of Columbia, or to those who furnish satisfactory proof that they have been engaged elsewhere in the occupation of cosmetology for a period of five years, the initial fee for a certificate of registration shall be $15. On failure

Provisions on failing to pass examination.

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. Out of the fees paid the Board there shall be

Deduction for expenses.

defrayed all expenses incurred in carrying out the provisions of this Act, together with a fee of $10 per day for each member of the Board and the actual and necessary expenses incurred for each day he maybe actually engaged upon business pertaining to Ms official duties

Provisos.

Limitation.

Deposit of excess funds.

as such Board member: Provided, That such expenses shall in no event exceed the total of receipts: Provided further, That at the close of each fiscal year any funds unexpended in excess of the sum of $1,000 shall be paid into the Treasury of the United States to the credit of the District of Columbia.

Sec. 20.

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, inspections, and investigations of any or all persons, firms, or corporations affected

Compensation.

by this Act. Such aid or aids shall not be connected with any school teaching cosmetology. Any person called by the Board to its aid as provided herein shall receive for his or her services not more than $10 for each day employed in the actual discharge of his or her official duties, and his or her actual and necessary expenses incurred, to be paid in the same manner as herein provided for the payment of compensation and expenses of members of the Board.

Sec. 21.

The sanitary regulations for the control of beauty shops and manicuring establishments in the District of Columbia shall be such as are now in force or which may from time to time be promulgated by the Health Department of the District of Columbia, which said Department shall have full and complete charge of the enforcement

Use of shop for residential, etc., purposes forbidden.

of said sanitary regulations. It shall be unlawful for the owner or manager of any beauty shop or school of cosmetology to permit any person to sleep in or use for residential purposes any room used

Unlawful establishments.

wholly or in part as a beauty shop or school of cosmetology. It shall be unlawful for any person, firm, or corporation to practice cosmetology except in a bona-fide established beauty shop or school of cosmetology, wherein the requirements of the Board as to proper, sanitary, and

Provisos.

Outside practice.

exclusive practices of cosmetology are complied with: Provided, however, That a person may practice outside of such establishment under the direction and control of an owner or manager thereof under such

Existing sanitary, etc., rules not repealed.

regulations as the Board may provide: Provided further, That nothing in this Act contained shall be construed to limit or repeal any existing rules, regulations, or laws relating to health or sanitation.

Sec. 22.

Any investigation, inquiry, or hearing which the Board is empowered by law to hold or undertake may be held or undertaken by or before any member or members of said Board and shall be deemed to be the finding or order of said Board when approved and confirmed by it.

Sec. 23.

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

Proviso.

Examination, fees.

license is applied for: Provided, 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 and a fee

Duration.

of $2 for such temporary license. Such temporary license shall remain in force until the next regular meeting of the Board at which examinations are held and no longer. Two such temporary licenses may not be issued to the same person. Each temporary license shall state the date of expiration and the temporary license shall after such date be void and of no effect.

Sec. 24.

Nothing in this Act shall prohibit service in case of

Exemptions from provisions of Act.

emergency, or domestic administration, without compensation, nor services by persons authorized under the laws of the District of Columbia to practice medicine, surgery, dentistry, chiropody, osteopathy, or chiropractic, 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; nor in massaging, cleansing, 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; nor shall anything in this Act apply to the practice of physiotherapy or massaging, stimulating or exercising of the head, neck, arms, bust or upper part of the body, when done for purposes of health and hygiene rather than for cosmetic purposes.

Sec. 25.

The certificates of registration issued in the year in which

Renewal of certificates.

this Act goes into effect shall expire as of April 15, 1938. Thereafter certificates shall be issued for no longer than one year. All certificates

Expiration date.

shall expire on the l5th day of April next succeeding unless renewed for the next year. Certificates may be renewed by application made prior to the 15th day of April of each year accompanied by a health certificate in the manner prescribed in section 7 and

Ante, p. 614.

the payment of the renewal fees provided in this Act. The holder of an expired certificate or license may have within three years of the date of 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.

Sec. 26.

Sec. 27.

It shall be the duty of the corporation counsel, or one

Prosecutions.

of his assistants, to prosecute in the name of the District of Columbia all violations of the provisions of this Act.

Sec. 28.

Each section of this Act, and every part of each section, is hereby declared to be independent of every other, and the holding of any section or part thereof to be void or ineffective for any cause shall not be deemed to affect any other section or part thereof.

Sec. 29.

All Acts or parts of Acts inconsistent with this Act are hereby repealed.