Section 5107 - Qualifications of applicant; judicial review; report to attorney general(a) All persons applying for a license to practice under this chapter: (1) Shall have successfully completed an education equivalent to a tenth grade education. Instructors shall have successfully completed an education equivalent to completion of a twelfth grade education. Proof of the required education shall be a certified high school transcript or any other document or affidavit which constitutes reliable proof of educational attainment as determined by the Board.(2) Shall have passed a written and practical examination to the satisfaction of the Board as set forth in board rules and regulations.(3) Shall have paid the appropriate fee as established by the Division of Professional Regulation. In addition, except as otherwise provided for in this chapter, no individual shall be permitted to sit for an examination or shall be granted a license to practice in any of the professions regulated by this chapter, unless the individual meets the following education requirements, or has successfully completed an apprenticeship. The requirements are for: a. Cosmetologists. -The successful completion of a minimum of 1,500 classroom hours of continuous training for a complete course in cosmetology. School owners shall have the option of the amount of hours of training per day and shall be able to choose which days of the week the student works provided the hours accumulated do not exceed 40 hours per week, excluding make-up hours. The Board shall establish by regulation the portion of the 1,500 classroom hours that may be credited to an applicant who previously obtained classroom hours while studying to become an aesthetician, nail technician or electrologist. A cosmetologist may obtain a shaving certification in connection with the cosmetologist's license upon successful completion of a course in shaving consisting of at least 35 hours of instruction from a licensed barbering instructor. c. Transfer of apprentice hours to a cosmetology program. An apprentice cosmetologist may transfer up to 1,800 apprentice hours at a rate of 2 apprentice hours to 1 transfer hour to a cosmetology program totaling 1,500 hours. A minimum of 600 hours of course work must be completed at school. The Board must provide documentation of the apprentice hours to the school prior to transfer.d. Master barbers. - For a licensed barber, the successful completion of an additional 600 hour apprenticeship for chemicals, as set forth in the Board's rules and regulations, and the passing of the master barber's . For all other applicants, the successful completion of a minimum of 1,500 classroom hours of continuous training for a complete course in master barbering and the passing of the master barber's examination, or the completion of 3,000 hours in a master barber apprenticeship, as set forth in the Board's rules and regulations, and the passing of the master barber's examination. School owners shall have the option of the amount of hours of training per day and shall be able to choose which days of the week the student works provided the hours accumulated do not exceed 40 hours per week, excluding make-up hours. Any barber who was issued a barber's license by the Division prior to April 28, 2008, shall be deemed a master barber. A master barber may obtain a skin and nails certification in connection with a master barber's license upon completion of at least 250 hours of instruction in a licensed cosmetology school or a 500 hour apprenticeship in skin and nails in accordance with the Board's rules and regulations.
e. Barbers. - The successful completion of a minimum of 1,250 classroom hours of continuous training for a complete course in barbering, or the completion of 3,000 hours in an apprenticeship to a licensed barber with the total number of hours worked not to exceed 40 hours per week. f. Transfer of apprentice hours to a barbering program. An apprentice barber may transfer up to 1,800 apprentice hours at a rate of 2 apprentice hours to 1 transfer hour to a barbering program totaling 1,500 hours. A minimum of 600 hours of course work must be completed at school. The Board must provide documentation of the apprentice hours to the school prior to transfer.g. Nail technicians.-The successful completion of a course of training in nail technology of not less than 300 hours in a school of nail technology or cosmetology; or successful completion of 600 hours as an apprentice under the supervision of a licensed nail technician. In either case, training is not to exceed 40 hours per week, excluding make-up hours.h. Electrologists. -The successful completion of a course of training in electrology of not less than 300 hours in a school of electrology or cosmetology, or successful completion of 600 hours as an apprentice under the supervision of a licensed electrologist. In either case, training is not to exceed 40 hours per week, excluding make-up hours.j. Cosmetology and barbering instructors. -For cosmetology and barbering, an instructor must have a license in the respective field of cosmetology or barbering and the successful completion of a teacher training course, consisting of at least 500 hours of instruction in a registered school of cosmetology or barbering, or at least 2 years' experience as an active licensed, practicing cosmetologist or barber, supplemented by at least 250 hours of instruction in a teacher training course. In addition, the applicant shall have successfully passed an instructor examination designated by the Board in its rules and regulations. A person licensed as a cosmetology instructor may also provide instruction in nail technology and aesthetics. A person licensed as a cosmetology instructor may obtain a certification to instruct barbering upon successful completion of a course in shaving consisting of at least 35 hours of instruction from a licensed barbering instructor.(4) Shall not have been the recipient of any administrative penalties regarding that person's licensed practice, including but not limited to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or have not entered into any agreements which contain conditions placed by a board on that person's professional conduct and practice, including any voluntary surrender of a license. The Board may, after a hearing, determine whether such administrative penalty is grounds to deny licensure;(5) Shall not have any impairment related to drugs or alcohol that would limit the applicant's ability to undertake that applicant's licensed practice in a manner consistent with the safety of the public;(6) Shall not have been convicted of a crime substantially related to the practice of cosmetology, barbering, electrology or nail technology, unless the applicant was previously so licensed or was enrolled in a training program to be so licensed while an offender under the supervision of the Department of Correction prior to July 10, 2001. In determining whether a crime is substantially related to the professions regulated by this chapter, the Board shall follow the restrictions set forth under § 8735(x)(4) of Title 29. If after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, or during the time period between Board meetings, the Board President or the President's designee, shall waive this paragraph (a)(6). (7) Shall not have a pending criminal charge relating to an offense that is substantially related to the practice of cosmetology, barbering, electrology or nail technology. Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to the Board in sufficient specificity to enable the Board to make a determination under § 8735(x)(3) of Title 29 whether a waiver is required.(8) Shall not have any disciplinary proceedings or unresolved complaints pending against that person in any jurisdiction where the applicant previously has been, or currently is, licensed to practice cosmetology, barbering, electrology or nail technology.(b) As set forth in board rules and regulations, foreign-trained applicants shall provide evidence satisfactory to the Board of training equivalent to that required in paragraph (a)(3) of this section, in addition to meeting all other requirements of this section. (c) When a person who feels the Board has refused or rejected an application without justification; has imposed higher or different conditions for the person than for other applicants or persons now licensed; or has in some other manner contributed to or caused the failure of such person's application, the applicant may appeal to Superior Court. (d) Where the Board has found to its satisfaction that an application has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action. Amended by Laws 2021, ch. 433,s 31, eff. 1/1/2023.Amended by Laws 2021, ch. 76,s 3, eff. 6/30/2021.Amended by Laws 2019, ch. 77,s 2, eff. 6/27/2019.Amended by Laws 2017, ch. 214,s 1, eff. 6/6/2018.Amended by Laws 2013, ch. 418,s 1, eff. 8/13/2014.Amended by Laws 2013, ch. 170,s 1, eff. 8/6/2013.64 Del. Laws, c. 8, §1; 69 Del. Laws, c. 178, §1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 158, §§ 11 - 13; 74 Del. Laws, c. 150, §§ 1, 2; 75 Del. Laws, c. 169, § 3; 75 Del. Laws, c. 436, § 49; 77 Del. Laws, c. 65, § 1; 77 Del. Laws, c. 199, § 37; 78 Del. Laws, c. 44, §§ 72, 73.;