To repeal sections 329.040, 329.045, 329.080 and 329.085, RSMo Supp. 1996, relating to cosmetologists, and to enact in lieu thereof four new sections relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Sections 329.040, 329.045, 329.080 and 329.085, RSMo Supp. 1996, are repealed and four new sections enacted in lieu thereof, to be known as sections 329.040, 329.045, 329.080 and 329.085, to read as follows:

     329.040. 1. Any person of good moral character may make application to the board for a license to own a school of cosmetology on a form provided upon request by the board. Every school of cosmetology in which any of the classified occupations of cosmetology are taught shall be required to obtain a license from the board prior to opening. The license shall be issued upon approval of the application by the board, the payment of the required fees, and the applicant meets other requirements provided in this chapter. The license shall be kept posted in plain view within the school at all times.

     2. A school license renewal fee shall be due on or before the renewal date of any school license issued pursuant to this section. If the school license renewal fee is not paid on or before the renewal date, a late fee shall be added to the regular school license fee.

     3. No school of cosmetology shall be granted a license under this chapter unless it:

     (1) Employs and has present in the school a competent licensed instructor for every twenty-five students enrolled and scheduled to be in attendance for a given class period and one to ten additional students may be enrolled and in attendance with the assistance of an instructor trainee. One instructor is authorized to teach up to three instructor trainees immediately upon being granted an instructor's license;

     (2) Requires all students to be enrolled in a course of study of no less than three hours per day and no more than eight hours per day with a weekly total that is no less than fifteen hours and no more than forty-eight hours;

     (3) Requires for the classified occupation of cosmetologist, the course of study shall be no less than one thousand five hundred hours or, for a student in public vocational/technical school no less than one thousand two hundred twenty hours. The student must earn a minimum of one hundred and sixty hours of classroom training before the student may perform any of the acts of the classified occupation of cosmetology on any patron or customer of the school of cosmetology;

     (4) Requires for the classified occupation of manicurist, the course of study shall be no less than three hundred and ninety hours. The student must earn a minimum of fifty hours of classroom training before the student may perform any of the acts of the classified occupation of manicurist on any patron or customer of the school of cosmetology;

     (5) Requires for the classified occupation of esthetician, the course of study shall be no less than seven hundred fifty hours. The student shall earn a minimum of seventy-five hours of classroom training before the student may perform any of the acts of the classified occupation of esthetics on any patron or customer of the school of cosmetology or an esthetics school.

     4. The subjects to be taught for the classified occupation of cosmetology shall be as follows and the hours required for each subject shall be not less than those contained in this subsection:

     (1) Shampooing of all kinds, forty hours;

     (2) Hair coloring, bleaches and rinses, one hundred thirty hours;

     (3) Hair cutting and shaping, one hundred thirty hours;

     (4) Permanent waving and relaxing, one hundred twenty-five hours;

     (5) Hairsetting, pin curls, fingerwaves, thermal curling, two hundred twenty-five hours;

     (6) Combouts and hair styling techniques, one hundred five hours;

     (7) Scalp treatments and scalp diseases, thirty hours;

     (8) Facials, eyebrows and arches, forty hours;

     (9) Manicuring, hand and arm massage and treatment of nails, one hundred ten hours;

     (10) Cosmetic chemistry, twenty-five hours;

     (11) Salesmanship and shop management, ten hours;

     (12) Sanitation and sterilization, thirty hours;

     (13) Anatomy, twenty hours;

     (14) State law, ten hours;

     (15) Curriculum to be defined by school, not less than four hundred seventy hours.

     5. The subjects to be taught for the classified occupation of manicurist shall be as follows and the hours required for each subject shall be not less than those contained in this subsection:

     (1) Manicuring, hand and arm massage and treatment of nails, two hundred twenty hours;

     (2) Salesmanship and shop management, twenty hours;

     (3) Sanitation and sterilization, twenty hours;

     (4) Anatomy, ten hours;

     (5) State law, ten hours;

     (6) Study of the use and application of certain chemicals, forty hours;

     (7) Curriculum to be defined by school, not less than seventy hours.

     6. The subjects to be taught for the classified occupation of esthetician shall be as follows, and the hours required for each subject shall not be less than those contained in this subsection:

     (1) Facials, cleansing, toning, massaging, one hundred twenty hours;

     (2) Makeup application, all phases, one hundred hours;

     (3) Hair removal, thirty hours;

     (4) Body treatments, aromatherapy, wraps, one hundred twenty hours;

     (5) Reflexology, thirty-five hours;

     (6) Cosmetic sciences, structure, condition, disorder, eighty-five hours;

     (7) Cosmetic chemistry, products and ingredients, seventy-five hours;

     (8) Salon management and salesmanship, fifty-five hours;

     (9) Sanitation and sterilization, safety, forty-five hours;

     (10) State law, ten hours;

     (11) Curriculum to be defined by school, not less than seventy-five hours.

     7. Training for all classified occupations shall include practical demonstrations, written and/or oral tests, and practical instruction in sanitation, sterilization and the use of antiseptics, cosmetics and electrical appliances consistent with the practical and theoretical requirements as applicable to the classified occupations as provided in this chapter.

     8. No school of cosmetology shall operate within this state unless a proper license under this chapter has first been obtained.

     9. Nothing contained in this chapter shall prohibit a licensee within a cosmetology establishment from teaching any of the practices of the classified occupations for which the licensee has been licensed for not less than two years in the licensee's regular course of business, if the owner or manager of the business does not hold himself or herself out as a school and does not hire or employ or personally teach regularly at any one and the same time, more than one apprentice to each licensee regularly employed within the owner's business, not to exceed one apprentice per establishment, and the owner, manager, or trainer does not accept any fee for instruction.

     10. Each licensed school of cosmetology shall provide a minimum of two thousand square feet of floor space, adequate rooms and equipment, including lecture and demonstration rooms, lockers, an adequate library and two restrooms. The minimum equipment requirements shall be: six shampoo bowls, ten hair dryers, two master dustproof and sanitary cabinets, wet sterilizers, and adequate working facilities for twenty students.

     11. Each licensed school of cosmetology for manicuring only shall provide a minimum of one thousand square feet of floor space, adequate room for theory instruction, adequate equipment, lockers, an adequate library, two restrooms and a clinical working area for ten students. Minimum floor space requirement proportionately increases with student enrollment of over ten students.

     12. Each licensed school of cosmetology for esthetics only shall provide a minimum of one thousand square feet of floor space, adequate room for theory instruction, adequate equipment, lockers, an adequate library, two restrooms and a clinical working area for ten students. Minimum floor space requirement increases fifty square feet per student with student enrollment of over ten.

     13. No school of cosmetology may have a greater number of students enrolled and scheduled to be in attendance for a given class period than the total floor space of that school will accommodate. Floor space required per student shall be no less than fifty square feet per additional student beyond twenty students for a school of cosmetology, beyond ten students for a school of manicuring and beyond ten students for a school of esthetics.

     14. Each applicant for a new school shall file a written application with the board upon a form approved and furnished upon request by the board. The applicant shall include a list of equipment, the proposed curriculum, and the name and qualifications of any and all of the instructors.

     15. Each school shall display in a conspicuous place, visible upon entry to the school, a sign stating that all cosmetology services in this school are performed by students, who are in training.

     16. Any student who wishes to remain in school longer than the required training period may make application for an additional training license and remain in school. A fee is required for such additional training license.

     17. All contractual fees that a student owes to any cosmetology school shall be paid before such student may be allowed to apply for any examination required to be taken by an applicant applying for a license under the provisions of this chapter.

     329.045. Every establishment in which the occupation of cosmetology is practiced shall be required to obtain a license from the state board of cosmetology. Every establishment required to be licensed shall pay to the state an establishment fee for the first three licensed cosmetologists, estheticians, manicurists, and/or apprentices and an additional fee for each additional licensee or apprentice. The fee shall be due and payable on the renewal date and, if the fee remains unpaid thereafter, there shall be a late fee in addition to the regular establishment fee or, if a new establishment opens any time during the licensing period and does not register before opening, there shall be a delinquent fee in addition to the regular establishment fee. The license shall be kept posted in plain view within the establishment at all times.

     329.080. 1. An instructor trainee shall be a licensed cosmetologist, esthetician or manicurist and shall hold a license as an instructor trainee in cosmetology, esthetics or manicuring. An applicant for a license to practice as an instructor trainee shall submit to the board the required fee and a written application on a form supplied by the board upon request that the applicant is of good moral character, in good physical and mental health, has successfully completed at least a four-year high school course of study or the equivalent, and holds a Missouri license to practice as a cosmetologist, esthetician or manicurist. Each application shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing the application, subject to the penalties of making a false affidavit or declaration.

     2. An applicant approved by the board shall be issued an instructor trainee license. The license shall be issued for a definite period needed to complete training requirements to become eligible for taking the examinations. An applicant shall be approved for an instructor trainee license only for those classified occupations of cosmetology for which the applicant is licensed at the time the instructor trainee application is submitted to the board.

     3. The instructor trainee shall be required to complete [twelve] six hundred hours of instructor training within a Missouri licensed school of cosmetology consisting of a curriculum including both theory and practical training to include the following:

     (1) [Four] Two hundred hours to be devoted to basic principles of student teaching to include teaching principles, lesson planning, curriculum planning and class outlines, teaching methods, teaching aids, testing and evaluation;

     (2) [One hundred] Fifty hours of psychology as applied to cosmetology, personality and teaching, teacher evaluation, counseling, theories of learning, and speech;

     (3) [One hundred] Fifty hours of business experience or management including classroom management, record keeping, buying and inventorying supplies, and state law; and

     (4) [Six] Three hundred hours of practice teaching in both theory and practical application.

     4. For the purpose of meeting the minimum requirements for examination, training completed within a school of cosmetology by an instructor trainee shall be recognized by the board for a period of no more than five years from the date it is received.

     5. The [twelve] six hundred hours required pursuant to subsection 3 of this section may be reduced as follows:

     (1) [Six] Three years of experience as a practicing cosmetologist may be substituted for [six] three hundred hours of training. The [six] three hundred hours will be partially reduced in proportion to experience greater than [one year] six months but less than [six] three; or

     (2) [Nine] Four and one-half college credit hours in teaching methodology, as defined by rule, may be substituted for [six] three hundred hours of training. Applicants requesting credit shall submit to the board a certified transcript together with a course description certified by the administrating education institution as being primarily directed to teaching methodology. The [six] three hundred hours will be partially reduced in proportion to college credit hours in teaching methodology of less than [nine] four and one-half hours; or

     (3) Applicants who apply from states where the requirements are not substantially equal to those in force in Missouri at the time of application, may be eligible for the examination if they provide:

     (a) An affidavit verifying a current, valid instructor license in another state, territory of the United States, District of Columbia, or foreign country, state or province; and

     (b) Proof of full-time work experience of not less than one year as a cosmetology instructor within the three-year period immediately preceding the application for examination.

     329.085. 1. Any person desiring an instructor license shall submit to the board a written application on a form supplied by the board showing that the applicant has met the requirements set forth in section 329.080. An applicant who has met all requirements as determined by the board shall be allowed to take the instructor examination. If the applicant passes the examination to the satisfaction of the board, the board shall issue to the applicant an instructor license.

     2. The instructor examination fee and the instructor license fee for an instructor license shall be nonrefundable.

     3. The instructor license renewal fee shall be in addition to the regular cosmetologist, esthetician or manicurist license renewal fee. For each renewal the instructor shall submit proof of having attended a teacher training seminar or workshop at least once every two years, sponsored by any university, or Missouri vocational association, or bona fide state cosmetology association specifically approved by the board to satisfy the requirement for continued training of this subsection. Renewal fees shall be due and payable on or before the renewal date and, if the fee remains unpaid thereafter in such license period, there shall be a late fee in addition to the regular fee.

     4. Instructors duly licensed as physicians or attorneys or lecturers on subjects not directly pertaining to the practice under this chapter need not be holders of licenses provided for in this chapter.

     5. The board shall grant instructor licensure upon application and payment of a fee equivalent to the sum of the instructor examination fee and the instructor license fee, provided the applicant establishes compliance with the cosmetology instructor requirements of another state, territory of the United States, or District of Columbia wherein the requirements are substantially equal or superior to those in force in Missouri at the time the application for licensure is filed and the applicant holds a current instructor license in the other jurisdiction at the time of making application.

     6. Any person licensed as a cosmetology instructor prior to the training requirements which became effective January 1, 1979, may continue to be licensed as such, provided such license is maintained and the licensee complies with the continued training requirements as provided in subsection 3 of this section. Any person with an expired instructor license that is not restored to current status within two years of the date of expiration, shall be required to meet the training and examination requirements as provided in this section and section 329.080.