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AGENCY UMBRELLA-UNIT NUMBER: 02-265
AGENCY NAME: Department of Professional & Financial Regulation, Office of Licensing & Registration. Board of Barbering and Cosmetology

CONTACT PERSON: Geraldine L. Betts, Board Administrator, 35 State House Station, Augusta, ME 04333. Tel. (207) 624-8625

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2003-2004 RULE-MAKING ACTIVITY: The Board's current rules, Chapters 1 through 5, will be repealed and new rules adopted in their place. The Board expects to reorganize the structure of the rules and update all rules for compliance with laws currently in place. It is expected that the Board will review rules for consistency and to clarify terminology, to set standards and streamline the licensure requirements and the processing of applications, to update the examination process to reflect current practice, to revise the requirements for trainee programs and persons applying for temporary permits, to strengthen the safety requirements and sanitation procedures associated with services and the practice of aesthetics, barbering, cosmetology, and manicuring, to set standards for requiring continuing professional education in conjunction with licensing renewal, to clarify grounds for discipline and standards of practice, to establish standards for the issuance of citations for certain violations of laws and/or rules, and to establish a code of ethics for practitioners. Chapter 6 rules will be amended to include requirements and standards for aesthetic and manicuring instructor licensing. This chapter will also be amended to clarify requirements and procedures and make needed updates for licensing and regulating schools. Outdated or duplicative rules that may exist in rules established by the Office of Licensing and Registration as authorized by 10 MRSA §8003 will be repealed.

CHAPTER 1: General Information
STATUTORY AUTHORITY: 32 MRSA §14212
PURPOSE: This rule establishes guidelines relating to meetings, examinations, advisory rulings, complaints, maintenance of records, and fees. The fee provisions of this chapter may be repealed in the event that fees are established directly by the Director of the Office of Licensing and Registration in chapter 10 of the Rules of the Office of Licensing and Registration pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 2: Rules Relating to Cosmetologists, Barber, Aesthetician, and Manicurist Trainee.
STATUTORY AUTHORITY: 32 MRSA §14212
PURPOSE: These rules establish the requirements for eligibility, training, examination, and licensing of cosmetologists, manicurists, aestheticians, and barber trainees. The Board may review this chapter for conformance with statutes and make updates as may be necessary.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 3: Establishments, Booths where Cosmetology, Barbering, Aesthetics, Manicuring is Practiced.
STATUTORY AUTHORITY: 32 MRSA §14212
PURPOSE: These rules pertain to the application, inspections and licensing of establishments and booth rentals, including construction and safe operation. This chapter also sets sanitation standards and procedures for the practice of aesthetics, barbering, cosmetology, and manicuring, including the use of appliances, tools, equipment both electrical and non electrical in connection with the practice licensed. Rules pertaining to sanitation and safety requirements for licensed practitioners will be updated to reflect current practice needs and for the protection of the public receiving services. The Board may review this chapter for conformance with statutes and make updates as may be necessary.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 4: Rules for Certifying Barber and Cosmetology Instructors
STATUTORY AUTHORITY: 32 MRSA §14212
PURPOSE: These rules establish the requirements for the examination and licensing of barber and cosmetology instructors and standards for continuing professional education to be met for license renewal. The Board may set application, examination, and licensing requirements for manicuring and aesthetic instructors. The Board may need to amend this chapter to conform to recently adopted rules by the Office of Licensing and Registration on substantiation of continuing education by licensed practitioners.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 5: Requirements to Hold a Demonstrator License
STATUTORY AUTHORITY: 32 MRSA §14212
PURPOSE: These rules establish the qualifications for individuals who seek licensure to demonstrate machines, articles or techniques outside a licensed establishment pertaining to practices licensed by the Board. The Board may review this chapter for conformance with statutes and make updates as may be necessary.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 6: Rules for Qualifying and Licensing of Schools
STATUTORY AUTHORITY: 32 MRSA §14247
PURPOSE: Establishes requirements for the licensing and operation of schools offering student aesthetic, barbering, cosmetology, manicuring, and instructor programs. This chapter sets standards relating to each educational program, instructor qualifications, records and record keeping, health and sanitation, and safety and physical facilities. The Board may review this chapter and make needed changes to reflect current needs and requirements for the licensing and operation of schools and may include specific rules for schools offering single focused programs such as manicuring or aesthetics. The Board may also review this chapter for conformance with statutes and make updates as may be necessary.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

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