STATE BOARD
OF COSMETOLOGY[49 PA. CODE CH. 7] Accreditation of Licensed Schools [36 Pa.B. 1229] The State Board of Cosmetology (Board) proposes to amend §§ 7.111 and 7.113a (relating to application for a school license; and accreditation by a Nationally recognized accrediting agency) to read as set forth in Annex A.
A. Effective Date
The proposed amendments will be effective upon final-form publication in the Pennsylvania Bulletin.
B. Statutory Authority
Section 11 of the act of May 3, 1933 (P. L. 242, No. 86) (Act 86) (63 P. S. § 517) authorizes the Board to promulgate regulations generally for the conduct of persons, copartnerships, associations or corporations affected by the act.
C. Background and Purpose
Since 1991, § 7.113a has required a cosmetology school, within 5 years of being licensed by the Board, to submit to the Board proof that it is accredited by a Nationally recognized accrediting agency. In the intervening period, the Board has encountered instances in which a school licensee, prior to submitting proof of accreditation, changes ownership, location or name, and then asserts that the 5-year clock for accreditation should begin running again. Because the regulation is not clear on this question, some school licensees have managed to avoid submitting proof of accreditation for periods exceeding 5 years. Additionally, confusion has occurred with regard to whether, and for how long, a school is required to maintain that accreditation after submitting proof of it to the Board. This proposed rulemaking would resolve both the issue of maintenance of accreditation and the issue of change of ownership, name or location, thereby eliminating the related regulatory construction problems that exist under the current language and clarifying the accreditation requirement.
D. Description of Amendments
The proposed rulemaking adds a paragraph to § 7.111(a), makes a technical amendment to § 7.111(b), deletes an obsolete sentence from § 7.113a and adds two subsections to § 7.113a. The proposed additions amplify and clarify the requirement that a school licensed by the Board submit to the Board, within 5 years after the Board licenses it, proof that the school is accredited by a Nationally recognized accrediting agency. The proposed rulemaking also establishes the requirement that a licensed school maintain accreditation in order to renew its license biennially.
Proposed § 7.111(a)(7) establishes the requirement that an owner-applicant for a school license must include, with the license application to the Board, proof that the school is already accredited or that the school has made application for accreditation to comply with § 7.113a. The new paragraph also specifies that certification or approval by the Department of Education suffices as proof of accreditation for secondary vocational technical schools.
Section 7.111(b) is amended by inserting the term ''school'' in the first line to make it clear that school licenses are the subject of the provision.
Section 7.113a is amended by deleting the now obsolete provision that a school licensed by the Board as of May 25, 1991, must submit proof of accreditation by May 25, 1996.
Section 7.113a(b) is added, specifying that the requirement that a school submit proof of accreditation within 5 years of initial licensure is not negated by a change of ownership, name or location of the school within or following the 5-year period after initial licensure.
Section 7.113a(c) is added to establish the requirement that a school, after initial accreditation, must maintain accreditation in order to renew its license biennially.
E. Fiscal Impact and Paperwork Requirements
There is no adverse fiscal impact or paperwork requirement imposed on the Commonwealth, any political subdivision or the private sector.
F. Sunset Date
The Board continuously monitors its regulations. Therefore, no sunset date has been assigned.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 8, 2006, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
H. Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Hilarene Staller, Administrator, State Board of Cosmetology, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
SUSAN E. RINEER,
ChairpersonFiscal Note: 16A-4511. No fiscal impact; (8) recommends adoption.
Annex A TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS PART I. DEPARTMENT OF STATE Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS CHAPTER 7. STATE BOARD OF COSMETOLOGY LICENSURE AND ADMINISTRATION OF SCHOOLS OF COSMETOLOGY § 7.111. Application for a school license.
(a) An owner-applicant for a school license shall submit a license application to the Board with the following:
* * * * * (7) Proof of accreditation or application for accreditation in accordance with § 7.113a. (relating to accreditation by a Nationally recognized accrediting agency). Approval by the Department of Education in accordance with Article XVIII of the Public School Code of 1949 (24 P. S. §§ 1801--1855) is acceptable proof of accreditation for secondary vocational technical schools.
(b) A school license will not be issued until the Board has verified the sworn statements made by the owner-applicant in the license application and the school has been inspected by a Bureau inspector as provided in § 7.113 (relating to inspection of a school before licensure). The Board may request the owner-applicant to appear before the Board to answer questions about the application.
§ 7.113a. Accreditation by a Nationally recognized accrediting agency.
(a) Accreditation required. Within 5 years after being licensed by the Board, a school shall submit to the Board proof that it is accredited by a Nationally recognized accrediting agency. [A school that is licensed by the Board as of May 25, 1991 shall submit proof of accreditation by May 25, 1996.]
(b) Change of ownership, name or location. A change of ownership, name or location of the school within or following the 5-year period after initial licensure does not negate or postpone the requirement for accreditation within 5 years of initial licensure.
(c) Biennial renewal. After initial accreditation, a licensed cosmetology school shall maintain accreditation as a condition of biennial renewal of the school license.
[Pa.B. Doc. No. 06-425. Filed for public inspection March 17, 2006, 9:00 a.m.]
