49 Pa. Code § 7.1

Current through Register Vol. 54, No.43, October 26, 2024

Section 7.1 - Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Act-The act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. §§ 507-527), known as the Cosmetology Law.

Board-The State Board of Cosmetology.

Booth space-The area of a salon in which a licensed cosmetologist or a holder of a limited license provides to a client a service for which a license is required under the act.

Braiding-Intertwining the hair in a systematic motion to create patterns in a three-dimensional form, inverting the hair against the scalp along part of a straight or curved row of intertwined hair, or twisting the hair in a systematic motion, including extending the hair with natural or synthetic hair fibers.

Bureau-The Bureau of Professional and Occupational Affairs in the Department of State.

Cosmetologist-A licensed individual who is engaged in the practice of cosmetology.

Cosmetology-

(i) Any or all work done for compensation by any person, which work is generally and usually performed by cosmetologists, which work is for the embellishment, cleanliness and beautification of the human hair, such as arranging, braiding, dressing, curling, waving, permanent waving, cleansing, cutting, singeing, bleaching, coloring, pressing, or similar work thereon and thereabout, and the removal of superfluous hair, and the massaging, cleansing, stimulating, manipulating, exercising, or similar work upon the scalp, face, arms or hands, or the upper part of the body, by the use of mechanical or electrical apparatus or appliances or cosmetics, preparations, tonics, antiseptics, creams or lotions, or by any other means, and of manicuring the nails, which enumerated practices shall be inclusive of the term cosmetology but not in limitation thereof.

(ii) The term also includes the acts comprising the practice of nail technology, natural hair braiding and esthetics.

Department-The Commissioner of Professional and Occupational Affairs in the Department of State.

Esthetics-

(i) The practice of massaging the face, applying cosmetic preparations, antiseptics, tonics, lotions or creams to the face, removing superfluous hair by tweezers, depilatories or waxes, eyelash perming and the dyeing of eyelashes and eyebrows.

(ii) The term includes the use of industry standard mechanical and electrical apparatus and appliances in the practice of esthetics.

Esthetician-An individual licensed by the Board to practice esthetics.

Lavatory-A working toilet and a working sink with hot and cold running water that are located in a separate room that affords privacy to the user.

Limited license-A license issued by the Board to an individual which permits that individual to engage in the practice of esthetics, natural hair braiding or nail technology.

Limited practice salon-A salon licensed by the Board for the provision of esthetician services, nail technology services or natural hair braiding services only.

Limited practice teacher-A teacher licensed by the Board for the purpose of providing instruction in the area of esthetics, nail technology or natural hair braiding only.

Nail technician-An individual licensed by the Board to engage in the practice of nail technology.

Nail technology-The practice of manicuring the nails of an individual, applying artificial or sculptured nails to an individual, massaging the hands of an individual or massaging the lower arms of an individual up to the individual's elbow, massaging the feet of an individual or the lower legs of an individual up to the individual's knee, or a combination of these acts.

Natural hair braider-An individual licensed by the Board to engage in the practice of natural hair braiding.

Natural hair braiding-

(i) The practice of utilizing techniques that result in tension on hair roots of individuals, such as twisting, wrapping, weaving, extending, locking or braiding of the hair. The term includes the application of heat by the use of a straightening comb, ceramic iron or similar appliance to prepare the hair for manipulation.

(ii) The term does not include cutting the hair or the application of dyes, reactive chemicals or other preparations to alter the color or to straighten, curl or alter the structure of hair.

School of cosmetology-Any individual, partnership, association, business corporation, nonprofit corporation, municipal corporation, school district or any group of individuals however organized whose purpose is to provide courses of instruction in cosmetology or the teaching of cosmetology.

School district-A school district, joint vocational school or department, area vocational-technical school or technical institute providing vocational education under Article XVIII of the Public School Code of 1949 (24 P. S. §§ 18-1801-18-1855).

Tanning units-Equipment that utilizes ultraviolet light for the purpose of cosmetic tanning.

49 Pa. Code § 7.1

The provisions of this §7.1 adopted September 12, 1975, effective 9/13/1975, 5 Pa.B. 2391; amended May 24, 1991, effective 5/25/1991, 21 Pa.B. 2479; amended December 1, 2006, effective 12/2/2006, 36 Pa.B. 7247; amended January 9, 2009, effective 1/10/2009, 39 Pa.B. 219.

The provisions of this §7.1 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. §§ 511 and 517).