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Practice Act

Provisions of Public Act 2019-117

 

Sec. 191. (NEW) (Effective July 1, 2019) As used in this section and sections 192 to 195, inclusive, and sections 197, 198, 199 and 203 of this act:

 

(1) "Commissioner" means the Commissioner of Public Health;

 

(2) "Department" means the Department of Public Health;

(3) "Esthetician" means a person who, for compensation, performs esthetics;

(4) "Esthetics" means services related to skin care treatments, (A) including, but not limited to, cleansing, toning, stimulating, exfoliating or performing any similar procedure on the human body while using cosmetic preparations, hands, devices, apparatus or appliances to enhance or improve the appearance of the skin; makeup application; beautifying lashes and brows; or removing unwanted hair using manual and mechanical means, and (B) excluding the use of a prescriptive laser device; the performance of a cosmetic medical procedure, as defined in section 19a-903c of the general statutes; any practice, activity or treatment that constitutes the practice of medicine; makeup application at a rented kiosk located in a shopping center or the practice of hairdressing and cosmetology by a hairdresser and cosmetician licensed pursuant to chapter 387 of the general statutes that is within such licensee's scope of practice;

(5) "Eyelash technician" means a person, who for compensation performs individual eyelash extensions, eyelash lifts or perms and eyelash color tints;

(6) "Nail technician" means a person who for compensation cuts, shapes, colors, cleanses, trims, polishes or enhances the appearance of the nails of the hands or feet, excluding any practice, activity or treatment that constitutes the practice of medicine;

(7) "Salon" and "spa" include any shop, store, day spa or other commercial establishment at which the practice of barbering, as described in section 20-234 of the general statutes, hairdressing and cosmetology, as defined in section 20-250 of the general statutes, or the services of an esthetician, nail technician or eyelash technician, or any combination thereof, is offered and provided; and

(8) "Shopping center" means a grouping of retail businesses and service establishments on a single site with common parking facilities and containing at least twenty-five thousand square feet of gross building floor area.

 

Sec. 192. (NEW) (Effective January 1, 2020) (a) On and after July 1, 2020, except as provided in subsection (g) of this section, no person may practice as an esthetician without obtaining a license or temporary permit from the Department of Public Health under this section or section 199 of this act.

(b) On and after January 1, 2020, each person seeking an initial license as an esthetician shall apply to the department on a form prescribed by the department, accompanied by an application fee of one hundred dollars and evidence that the applicant (1) has completed a course of not less than six hundred hours of study and received a certification of completion from a school approved under section 197 of this act or section 20-262 of the general statutes or in a school outside of the state whose requirements are equivalent to a school approved under section 197 of this act, or (2) (A) has practiced esthetics continuously in this state for a period of not less than two years prior to July 1, 2020, and (B) is in compliance with the infection prevention and control plan guidelines prescribed by the department under section 19a-231 of the general statutes in the form of an attestation.

(c) The department may grant a license under this section to any person who is licensed at the time of application as an esthetician or entitled to perform similar services under a different designation in another state of the United States, the District of Columbia or a commonwealth or territory subject to the laws of the United States and who submits evidence satisfactory to the commissioner of (1) a current license in good standing to practice as an esthetician from such other state, district, commonwealth or territory, and (2) licensed practice in such state, district, commonwealth or territory for a period of at least two years immediately preceding the application. Pending approval of the application for a license, the commissioner may issue a temporary permit to such applicant upon receipt of a completed application, the application fee in accordance with subsection (b) of this section and a copy of the current license from such other state, district, commonwealth or territory. Such temporary permit shall be valid for a period not exceeding one hundred twenty calendar days and shall not be renewable.


(d) Any license issued under this section shall expire in accordance with the provisions of section 19a-88 of the general statutes and may be renewed every two years, for a fee of one hundred dollars. No person shall carry on the occupation of esthetician after the expiration of such person's license until such person has applied to the department for a renewal of such license.


(e) No person shall use the title "esthetician" or similar title unless the person holds a license or temporary permit issued under this section.


(f) The provisions of this section shall not apply to a physician; an advanced practice registered nurse rendering service in collaboration with a physician; a registered nurse executing the medical regimen under the direction of a licensed physician, dentist or advanced practice registered nurse; a physician assistant rendering service under the supervision, control and responsibility of a physician or a student enrolled in a program at a school in the Technical Education and Career System established under section 10-95 of the general statutes.


(g) A person may practice temporarily as an esthetician in this state without a license or temporary permit if such person, at an event such as a professional course, seminar, workshop, trade show, or product demonstration, (1) provides instruction on techniques related to being an esthetician, or (2) participates in the demonstration of the practice of being an esthetician or a product related to such practice as part of such event, provided such person (A) is licensed or certified in the state, territory or possession of the United States or foreign country where such person primarily practices as an esthetician if such licensure or certification is required by such state, territory, possession or foreign country; (B) practices as an esthetician under the direct supervision of a licensed esthetician; (C) does not receive compensation for practicing as an esthetician in this state, other than for providing instruction for such practice to persons in attendance at the course, seminar, workshop, trade show or other event; and (D) provides instruction or demonstrates techniques or services related to practicing as an esthetician only for persons enrolled in the course, seminar or workshop or attending the trade show or other event at which such person provides instruction, demonstrates a product or offers such services. Any person or organization that holds or produces a course, seminar, workshop, trade show or other event at which estheticians without a license or temporary permit provide instruction, participate in a demonstration or offer services related to the practice of an esthetician shall ensure compliance with the provisions of this subsection.


(h) No license or temporary permit shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in any state or jurisdiction.


(i) The Commissioner of Public Health may take any disciplinary action set forth in section 19a-17 of the general statutes against an esthetician for failure to conform to the accepted standards of the profession, including, but not limited to: (1) Conviction of a felony; (2) fraud or deceit in obtaining or seeking reinstatement of a license to practice as an esthetician; (3) fraud or deceit in the practice of an esthetician; (4) negligent, incompetent or wrongful conduct in professional activities; (5) physical, mental or emotional illness or disorder resulting in an inability to conform to the accepted standards of the profession; or (6) abuse or excessive use of drugs, including, alcohol, narcotics or chemicals. The commissioner may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17 of the general statutes. The commissioner shall give notice and an opportunity to be heard on any contemplated action under section 19a-17 of the general statutes.


(j) The commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section.

 

Sec. 193. (NEW) (Effective January 1, 2020) (a) On and after July 1, 2020, except as provided in subsection (f) of this section, no person may practice as an eyelash technician without obtaining a license or temporary permit from the department under this section or section 199 of this act.


(b) On and after January 1, 2020, each person seeking an initial license as an eyelash technician shall apply to the department on a form prescribed by the department, accompanied by an application fee of one hundred dollars and evidence that the applicant (1) has completed a course of not less than fifty hours of study and received a certificate of completion from a school approved under section 197 of this act or section 20-262 of the general statutes or in a school outside of the state whose requirements are equivalent to a school approved under section 197 of this act, or (2) (A) has practiced as an eyelash technician continuously in this state for a period of not less than two years prior to July 1, 2020, and (B) is in compliance with the infection prevention and control plan guidelines prescribed by the department under section 19a-231 of the general statutes in the form of an attestation.


(c) The department may grant a license under this section to any person who is licensed at the time of application as an eyelash technician or entitled to perform similar services under a different designation in another state of the United States, the District of Columbia or a commonwealth or territory subject to the laws of the United States and who submits evidence satisfactory to the commissioner of (1) a current license in good standing to practice as an eyelash technician from such other state, district, commonwealth or territory, and (2) licensed practice in such state, district, commonwealth or territory for a period of at least two years immediately preceding the application. Pending approval of the application for a license, the commissioner may issue a temporary permit to such applicant upon receipt of a completed application, the application fee in accordance with subsection (b) of this section and a copy of the current license from such other state, district, commonwealth or territory. Such temporary permit shall be valid for a period not exceeding one hundred twenty calendar days and shall not be renewable.


(d) Any license issued under this section shall expire in accordance with the provisions of section 19a-88 of the general statutes and may be renewed every two years, for a fee of one hundred dollars. No person shall carry on the occupation of eyelash technician after the expiration of such person's license until such person has applied to the department for a renewal of such license.


(e) No person shall use the title "eyelash technician" or similar title unless the person holds a license or temporary permit issued under this section.


(f) A person may practice temporarily as an eyelash technician in this state without a license or temporary permit if such person, at an event such as a professional course, seminar, workshop, trade show or product demonstration, (1) provides instruction on techniques related to being an eyelash technician, or (2) participates in the demonstration of the practice of being an eyelash technician or a product related to such practice as part of such event, provided such person (A) is licensed or certified in the state, territory or possession of the United States or foreign country where such person primarily practices as an eyelash technician if such licensure or certification is required by such state, territory, possession or foreign country; (B) practices as an eyelash technician under the direct supervision of a licensed eyelash technician; (C) does not receive compensation for practicing as an eyelash technician in this state, other than for providing instruction for such practice to persons in attendance at the course, seminar, workshop, trade show or other event; and (D) provides instruction or demonstrates techniques or services related to practicing as an eyelash technician only for persons enrolled in the course, seminar or workshop or attending the trade show or other event at which such person provides instruction, demonstrates a product or offers such services. Any person or organization that holds or produces a course, seminar, workshop, trade show or other event at which eyelash technicians without a license or temporary permit provide instruction, participate in a demonstration or offer services related to the practice of an eyelash technician, shall ensure compliance with the provisions of this subsection.


(g) The provisions of this section shall not apply to a student enrolled in a program at a school in the Technical Education and Career System established under section 10-95 of the general statutes.


(h) No license or temporary permit shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in any state or jurisdiction.


(i) The Commissioner of Public Health may take any disciplinary action set forth in section 19a-17 of the general statutes against an eyelash technician for failure to conform to the accepted standards of the profession, including, but not limited to: (1) Conviction of a felony; (2) fraud or deceit in obtaining or seeking reinstatement of a license to practice as an eyelash technician; (3) fraud or deceit in the practice of an eyelash technician; (4) negligent, incompetent or wrongful conduct in professional activities; (5) physical, mental or emotional illness or disorder resulting in an inability to conform to the accepted standards of the profession; or (6) abuse or excessive use of drugs, including, alcohol, narcotics or chemicals. The commissioner may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17 of the general statutes. The commissioner shall give notice and an opportunity to be heard on any contemplated action under section 19a-17 of the general statutes.


(j) The commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section.


Sec. 194. (NEW) (Effective January 1, 2020) (a) On and after January 1, 2021, except as provided in subsection (g) of this section, no person may practice as a nail technician without obtaining a license or temporary permit from the department under this section or section 199 of this act or a nail technician trainee license under section 195 of this act.


(b) On and after October 1, 2020, each person seeking an initial license as a nail technician shall apply to the department on a form prescribed by the department, accompanied by an application fee of one hundred dollars and evidence that the applicant (1) has completed a course of not less than one hundred hours of study and received a certificate of completion from a school approved under section 197 of this act or section 20-262 of the general statutes or in a school outside of the state whose requirements are equivalent to a school approved under section 197 of this act, or (2) (A) has practiced as a nail technician continuously in this state for a period of not less than two years prior to January 1, 2021, and is in compliance with the infection prevention and control plan guidelines prescribed by the department under section 19a-231 of the general statutes in the form of an attestation, or (B) has obtained a license as a nail technician trainee and a statement signed by the applicant's supervisor at the spa or salon where the licensed nail technician trainee is employed documenting completion of the minimum requirements specified in section 195 of this act. If an applicant employed as a nail technician on or after September 30, 2020, does not have evidence satisfactory to the commissioner of continuous practice as a nail technician for not less than two years, such applicant may apply to the department for a nail technician trainee license, under section 195 of this act, provided such person applies for an initial trainee license not later than January 1, 2021.


(c) The department may grant a license under this section to any person who is licensed at the time of application as a nail technician or entitled to perform similar services under a different designation in another state of the United States, the District of Columbia or a commonwealth or territory subject to the laws of the United States and who submits evidence satisfactory to the commissioner of (1) a current license in good standing to practice as a nail technician from such other state, district, commonwealth or territory, and (2) licensed practice in such state, district, commonwealth or territory for a period of at least two years immediately preceding the application. Pending approval of the application for a license, the commissioner may issue a temporary permit to such applicant upon receipt of a completed application, the application fee in accordance with subsection (b) of this section and a copy of the current license from such other state, district, commonwealth or territory. Such temporary permit shall be valid for a period not exceeding one hundred twenty calendar days and shall not be renewable.


(d) Any license issued under this section shall expire in accordance with the provisions of section 19a-88 of the general statutes and may be renewed every two years, for a fee of one hundred dollars. No person shall carry on the occupation of nail technician after the expiration of such person's license until such person has applied to the department for a renewal of such license.


(e) No person shall use the title "nail technician" or similar title unless the person holds a license or temporary permit issued under this section.


(f) The provisions of this section shall not apply to a physician; an advanced practice registered nurse rendering service in collaboration with a physician; a registered nurse executing the medical regimen under the direction of a licensed physician, dentist or advanced practice registered nurse; a physician assistant rendering service under the supervision, control and responsibility of a physician; a podiatrist or a student enrolled in a program at a school in the Technical Education and Career System established under section 10-95 of the general statutes.


(g) A person may practice temporarily as a nail technician in this state without a license or temporary permit if such person, at an event such as a professional course, seminar, workshop, trade show or product demonstration, (1) provides instruction on techniques related to being a nail technician, or (2) participates in the demonstration of the practice of being a nail technician or a product related to such practice as part of such event, provided such person (A) is licensed or certified in the state, territory or possession of the United States or foreign country where such person primarily practices as a nail technician if such licensure or certification is required by such state, territory, possession or foreign country; (B) practices as a nail technician under the direct supervision of a licensed nail technician; (C) does not receive compensation for practicing as a nail technician in this state, other than for providing instruction for such practice to persons in attendance at the course, seminar, workshop, trade show or other event; and (D) provides instruction or demonstrates techniques or services related to practicing as a nail technician only for persons enrolled in the course, seminar or workshop or attending the trade show or other event at which such person provides instruction, demonstrates a product or offers such services. Any person or organization that holds or produces a course, seminar, workshop, trade show or other event at which nail technicians without a license or temporary permit provide instruction, participate in a demonstration or offer services related to the practice of a nail technician shall ensure compliance with the provisions of this subsection.


(h) No license or temporary permit shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in any state or jurisdiction.


(i) The Commissioner of Public Health may take any disciplinary action set forth in section 19a-17 of the general statutes against a nail technician for failure to conform to the accepted standards of the profession, including, but not limited to: (1) Conviction of a felony; (2) fraud or deceit in obtaining or seeking reinstatement of a license to practice as a nail technician; (3) fraud or deceit in the practice of a nail technician; (4) negligent, incompetent or wrongful conduct in professional activities; (5) physical, mental or emotional illness or disorder resulting in an inability to conform to the accepted standards of the profession; or (6) abuse or excessive use of drugs, including, alcohol, narcotics or chemicals. The commissioner may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17 of the general statutes. The commissioner shall give notice and an opportunity to be heard on any contemplated action under section 19a-17 of the general statutes.


(j) The commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section.


Sec. 195. (NEW) (Effective January 1, 2020) (a) Any person employed as a nail technician on or after September 30, 2020, who does not have evidence satisfactory to the commissioner of continuous practice as a nail technician for not less than two years prior to said date, may apply to the department for a nail technician trainee license, provided such person applies for an initial trainee license not later than January 1, 2021.


(b) Each person seeking an initial license as a nail technician trainee shall apply to the department on a form prescribed by the department, accompanied by an application fee of fifty dollars. Such application shall include the name and address of the spa or salon where such person is employed and the licensed nail technician who will be the applicant's supervisor. Upon the granting of a license under this section, the licensee may practice as a nail technician full-time or part-time under the supervision of a nail technician licensed under section 194 of this act, at a spa or salon managed by a person described in section 198 of this act. Such license shall be valid for one year, and shall be renewable once for an additional year, for a fee of fifty dollars. No person shall hold such a license for more than two years.


(c) Any person who has held a nail technician trainee license for at least one year and has obtained a statement signed by the supervising nail technician documenting such nail technician trainee has completed a minimum of twenty hours per week of training in the techniques associated with the licensure of a nail technician and infection prevention and control plan guidelines pursuant to section 19a-231 of the general statutes may apply for a nail technician license under section 194 of this act.

 

Sec. 196. Section 19a-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019):


(a) As used in this section, "salon" includes any shop, store, day spa or other commercial establishment at which the practice of barbering, as described in section 20-234, hairdressing and cosmetology, as defined in section 20-250, or the services of a nail technician, an esthetician or an eyelash technician, as such terms are defined in section 191 of this act, or any combination thereof, is offered and provided.


(b) Not later than October 1, 2019, the Department of Public Health, in collaboration with the local directors of health of the state, shall establish a standardized inspection form and guidelines concerning standards for the inspection of the sanitary condition of a salon. Such guidelines shall include, but need not be limited to: (1) The use of personal protective equipment, including, but not limited to, disposable gloves as a barrier against infectious materials; (2) the immediate disposal after use in a covered waste receptacle of all articles that came into direct contact with the customer's skin, nails or hair that cannot be effectively cleaned or sanitized; (3) the proper cleaning and sanitizing of bowls used for soaking fingers; (4) the use of hospital-grade cleaner to clean the area and materials used in the practice of hairdressing, cosmetology and by nail technicians, estheticians and eyelash technicians, including, but not limited to, chairs, armrests, tables, countertops, trays, seats and soaking tubs for both hands and feet; and (5) the required availability of handwashing sinks in an area where the hairdresser, cosmetologist or nail technician is working. The department shall post such standardized inspection form and guidelines on the department's Internet web site.


(c) The director of health for any town, city, borough or district department of health, or the director's authorized representative, shall, on an annual basis, inspect all salons within the director's jurisdiction regarding their sanitary condition and on and after the adoption of standards under subsection (b) of this section, such inspection shall be in accordance with such standards. The director of health, or the director's authorized representative, shall have full power to enter and inspect any such salon during usual business hours. If any salon, upon such inspection, is found to be in an unsanitary condition, the director of health shall issue a written order that such salon correct any inspection violations identified by the director of health or the director's authorized representative.


(d) Not later than October 1, 2019, the Commissioner of Public Health, or the commissioner's designee, in collaboration with the local directors of health of the state, shall establish infection prevention and control plan guidelines for licensed nail technicians, eyelash technicians or estheticians, which shall be posted on the department's Internet web site.


(e) The director of health may collect from the operator of any such salon a reasonable fee, not to exceed two hundred fifty dollars, for the cost of conducting any annual inspection of such salon pursuant to this section. Notwithstanding any municipal charter, home rule ordinance or special act, any fee collected by the director of health pursuant to this section shall be used by the town, city, borough or district department of health for conducting inspections pursuant to this section.


Sec. 197. (NEW) (Effective January 1, 2020) (a) Schools for instruction in services provided by estheticians, nail technicians or eyelash technicians may be established in this state. All such schools may be inspected regarding their sanitary conditions by the department whenever the department deems it necessary and any authorized representative of the department may enter and inspect the school during usual business hours. If any school, upon inspection, is to be in an unsanitary condition, the commissioner or a designee shall make a written order that such school be placed in a sanitary condition.


(b) Any school for instruction in the occupations of estheticians, nail technicians or eyelash technicians, other than a hairdressing and cosmetology school approved under section 20-262 of the general statutes shall obtain approval pursuant to this section prior to commencing operation. Any such school established prior to January 1, 2020, shall apply for such approval not later than July 1, 2020. In the event that an approved school undergoes a change of ownership or location, such approval shall become void and the school shall apply for a new approval pursuant to this section. Applications for such approval shall be on forms prescribed by the commissioner. In the event that a school fails to comply with the provisions of this subsection, no credit toward the hours of study required pursuant to section 192, 193, 194 or 199 of this act shall be granted to any student for instruction received prior to the effective date of the school's approval.


(c) Any instructor employed at a school approved under this section shall have at least two years' experience in the occupation being taught and shall possess a license in such occupation under section 192, 193, 194 or 199 of this act, as applicable, or a license to practice such occupation from another state of the United States, the District of Columbia or a commonwealth or territory subject to the laws of the United States.


(d) The provisions of this section shall not apply to any school in the Technical Education and Career System established under section 10-95 of the general statutes.

Sec. 198. (NEW) (Effective January 1, 2020) (a) On and after July 1, 2021, each spa or salon that employs hairdressers and cosmeticians, estheticians, eyelash technicians or nail technicians shall be under the management of a hairdresser and cosmetician registered under chapter 387 of the general statutes, an esthetician licensed under section 192 or 199 of this act, an eyelash technician licensed under section 193 or 199 of this act or a nail technician licensed under section 194 or 199 of this act.


(b) Any such spa or salon shall be in compliance with the provisions of title 34 of the general statutes if applicable, and any applicable state law concerning the maintenance of payroll records, the classification of employees and the provision of workers' compensation coverage.


Sec. 199. (NEW) (Effective January 1, 2020) (a) On and after January 1, 2020, in lieu of applying under section 192, 193 or 194 of this act for an initial individual license or renewal thereof, a person may apply to the Department of Public Health for a combination license for the practice of two or three of the following occupations: Esthetician, eyelash technician and nail technician. Any such applicant shall apply to the department on a form prescribed by the department, accompanied by (1) either a fee of one hundred dollars if applying for the practice of two of such occupations or two hundred dollars if applying for the practice of three of such occupations, and (2) evidence that the applicant satisfies the applicable requirements set forth in section 192, 193 or 194 of this act.


(b) Any combination license issued under this section shall expire in accordance with the provisions of section 19a-88 of the general statutes and may be renewed every two years, for a fee of one hundred dollars. No person shall carry on the occupation of esthetician, eyelash technician or nail technician, as applicable, after the expiration of such person's license.


(c) No license issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in any state or jurisdiction.


(d) The commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section.