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SECOND REGULAR SESSION
HOUSE BILL NO. 1630
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE HALEY .
5198H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 329.010 and 329.050, RSMo, and to enact in lieu thereof three new
sections relating to cosmetology .
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 329.010 and 329.050, RSMo, are repealed and three new sections
2 enacted in lieu thereof, to be known as sections 329.010, 329.050, and 329.280, to read as
3 follows:
329.010. As used in this chapter , unless the context clearly indicates otherwise, the
2 following words and terms mean:
3 (1) "Accredited school of cosmetology or school of manicuring", an establishment
4 operated for the purpose of teaching cosmetology as defined in this section and meeting the
5 criteria set forth under 34 C.F .R. Part 600, Sections 600.1 and 600.2;
6 (2) "Apprentice" or "student", a person who is engaged in training within a
7 cosmetology establishment or school, and while so training performs any of the practices of
8 the classified occupations within this chapter under the immediate direction and supervision
9 of a licensed cosmetologist or instructor;
10 (3) "Board", the state board of cosmetology and barber examiners;
11 (4) "Cosmetologist", any person who, for compensation, engages in the practice of
12 cosmetology , as defined in subdivision (5) of this section;
13 (5) "Cosmetology" includes performing or of fering to engage in any acts of the
14 classified occupations of cosmetology for compensation, which shall include:
15 (a) "Class CH - hairdresser" includes arranging, dressing, curling, singeing, waving,
16 permanent waving, cleansing, cutting, bleaching, tinting, coloring or similar work upon the
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 hair of any person by any means; or removing superfluous hair from the body of any person
18 by means other than electricity , or any other means of arching or tinting eyebrows or tinting
19 eyelashes. Class CH - hairdresser also includes any person who either with the person's hands
20 or with mechanical or electrical apparatuses or appliances, or by the use of cosmetic
21 preparations, antiseptics, tonics, lotions or creams engages for compensation in any one or
22 any combination of the following: massaging, cleaning, stimulating, manipulating,
23 exercising, beautifying or similar work upon the scalp, face, neck, arms or bust;
24 (b) "Class MO - manicurist" includes cutting, trimming, polishing, coloring, tinting,
25 cleaning or otherwise beautifying a person's fingernails, applying artificial fingernails,
26 massaging, cleaning a person's hands and arms; pedicuring, which includes cutting, trimming,
27 polishing, coloring, tinting, cleaning or otherwise beautifying a person's toenails, applying
28 artificial toenails, massaging and cleaning a person's legs and feet;
29 (c) "Class CA - hairdressing and manicuring" includes all practices of cosmetology ,
30 as defined in paragraphs (a) and (b) of this subdivision;
31 (d) "Class E - estheticians" includes the use of mechanical, electrical apparatuses or
32 appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams, not
33 to exceed ten percent phenol, engages for compensation, either directly or indirectly , in any
34 one, or any combination, of the following practices: massaging, cleansing, stimulating,
35 manipulating, exercising, beautifying or similar work upon the scalp, face, neck, ears, arms,
36 hands, bust, torso, legs or feet and removing superfluous hair by means other than electric
37 needle or any other means of arching or tinting eyebrows or tinting eyelashes, of any person;
38 (e) "Class EA - esthetics and manicuring" includes all practices of cosmetology
39 as described in paragraphs (b) and (d) of this subdivision; and
40 (f) "Personal service reg istration", a r egistration obtained fr om the board to
41 pr ovide services to placebound clients;
42 (6) "Cosmetology establishment", that part of any building wherein or whereupon any
43 of the classified occupations are practiced including any space rented within a licensed
44 establishment by a person licensed under this chapter , for the purpose of rendering
45 cosmetology services;
46 (7) "Cross-over license", a license that is issued to any person who has met the
47 licensure and examination requirements for both barbering and cosmetology;
48 (8) "Hair braider", any person who, for compensation, engages in the practice of hair
49 braiding;
50 (9) "Hair braiding", in accordance with the requirements of section 329.275, the use
51 of techniques that result in tension on hair strands or roots by twisting, wrapping, waving,
52 extending, locking, or braiding of the hair by hand or mechanical device, but does not include
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53 the application of dyes, reactive chemicals, or other preparations to alter the color of the hair
54 or to straighten, curl, or alter the structure of the hair;
55 (10) "Hairdresser", any person who, for compensation, engages in the practice of
56 cosmetology as defined in paragraph (a) of subdivision (5) of this section;
57 (1 1) "Instructor", any person who is licensed to teach cosmetology or any practices of
58 cosmetology pursuant to this chapter;
59 (12) "Manicurist", any person who, for compensation, engages in any or all of the
60 practices in paragraph (b) of subdivision (5) of this section;
61 (13) "Parental consent", the written informed consent of a minor's parent or legal
62 guardian that must be obtained prior to providing body waxing on or near the genitalia;
63 (14) "Placebound client", a client who is ill, disabled, or otherwise unable to
64 travel to a cosmetology establishment;
65 (15) "School of cosmetology" or "school of manicuring", an establishment operated
66 for the purpose of teaching cosmetology as defined in subdivision (5) of this section.
329.050. 1. Applicants for examination or licensure pursuant to this chapter shall
2 possess the following qualifications:
3 (1) They shall provide documentation of successful completion of courses approved
4 by the board, have an education equivalent to the successful completion of the tenth grade,
5 and be at least seventeen years of age;
6 (2) If the applicants are apprentices, they shall have served and completed, as an
7 apprentice under the supervision of a licensed cosmetologist, the time and studies required by
8 the board which shall be no less than three thousand hours for cosmetologists, and no less
9 than eight hundred hours for manicurists and no less than fifteen hundred hours for esthetics.
10 When the classified occupation of manicurist is appr enticed in conjunction with the
11 classified occupation of esthetician, the appr entice shall be re quir ed to successfully
12 complete an appr enticeship of no less than a total of two thousand thr ee hundr ed hours.
13 However , when the classified occupation of manicurist is apprenticed in conjunction with the
14 classified occupation of cosmetologist, the apprentice shall be required to successfully
15 complete an apprenticeship of no less than a total of three thousand hours;
16 (3) If the applicants are students, they shall have had the required time in a licensed
17 school of no less than one thousand five hundred hours training or the credit hours determined
18 by the formula in Subpart A of Part 668 of Section 668.8 of T itle 34 of the Code of Federal
19 Regulations, as amended, for the classification of cosmetologist, with the exception of public
20 vocational technical schools in which a student shall complete no less than one thousand two
21 hundred twenty hours training. All students shall complete no less than four hundred hours or
22 the credit hours determined by the formula in Subpart A of Part 668 of Section 668.8 of T itle
23 34 of the Code of Federal Regulations, as amended, for the classification of manicurist. All
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24 students shall complete no less than seven hundred fifty hours or the credit hours determined
25 by the formula in Subpart A of Part 668 of Section 668.8 of T itle 34 of the Code of Federal
26 Regulations, as amended, for the classification of esthetician. When the classified
27 occupation of manicurist is taken in conjunction with the classified occupation of
28 esthetician, the student shall be r equir ed to complete the hours requi red for both
29 occupations. However , when the classified occupation of manicurist is taken in conjunction
30 with the classified occupation of cosmetologist, the student shall not be required to serve the
31 extra four hundred hours or the credit hours determined by the formula in Subpart A of Part
32 668 of Section 668.8 of T itle 34 of the Code of Federal Regulations, as amended, otherwise
33 required to include manicuring of nails; and
34 (4) They shall have passed an examination to the satisfaction of the board.
35 2. A person may apply to take the examination required by subsection 1 of this
36 section if the person is a graduate of a school of cosmetology or apprentice program in
37 another state or territory of the United States which has substantially the same requirements
38 as an educational establishment licensed pursuant to this chapter . A person may apply to take
39 the examination required by subsection 1 of this section if the person is a graduate of an
40 educational establishment in a foreign country that provides training for a classified
41 occupation of cosmetology , as defined by section 329.010, and has educational requirements
42 that are substantially the same requirements as an educational establishment licensed under
43 this chapter . The board has sole discretion to determine the substantial equivalency of such
44 educational requirements. The board may require that transcripts from foreign schools be
45 submitted for its review , and the board may require that the applicant provide an approved
46 English translation of such transcripts.
47 3. Each application shall contain a statement that, subject to the penalties of making a
48 false af fidavit or declaration, the application is made under oath or af firmation and that its
49 representations are true and correct to the best knowledge and belief of the person signing the
50 application.
51 4. The suf ficiency of the qualifications of applicants shall be determined by the board,
52 but the board may delegate this authority to its executive director subject to such provisions as
53 the board may adopt.
54 5. Applications for examination or licensure may be denied if the applicant has
55 pleaded guilty to, entered a plea of nolo contendere to, or been found guilty of any of the
56 following of fenses or offenses of a similar nature established under the laws of this state, any
57 other state, the United States, or any other country , notwithstanding whether sentence is
58 imposed:
59 (1) Any dangerous felony as defined under section 556.061 or murder in the first
60 degree;
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61 (2) Any of the following sexual of fenses: rape in the first degree, forcible rape, rape,
62 statutory rape in the first degree, statutory rape in the second degree, rape in the second
63 degree, sexual assault, sodomy in the first degree, forcible sodomy , statutory sodomy in the
64 first degree, statutory sodomy in the second degree, child molestation in the first degree, child
65 molestation in the second degree, sodomy in the second degree, deviate sexual assault, sexual
66 misconduct involving a child, sexual misconduct in the first degree under section 566.090 as
67 it existed prior to August 28, 2013, sexual abuse under section 566.100 as it existed prior to
68 August 28, 2013, sexual abuse in the first or second degree, enticement of a child, or
69 attempting to entice a child;
70 (3) Any of the following of fenses against the family and related of fenses: incest,
71 abandonment of a child in the first degree, abandonment of a child in the second degree,
72 endangering the welfare of a child in the first degree, abuse of a child, using a child in a
73 sexual performance, promoting sexual performance by a child, or traf ficking in children; and
74 (4) Any of the following of fenses involving child pornography and related of fenses:
75 promoting obscenity in the first degree, promoting obscenity in the second degree when the
76 penalty is enhanced to a class E felony , promoting child pornography in the first degree,
77 promoting child pornography in the second degree, possession of child pornography in the
78 first degree, possession of child pornography in the second degree, furnishing child
79 pornography to a minor , furnishing pornographic materials to minors, or coercing acceptance
80 of obscene material.
329.280. 1. Any cosmetologist holding a curr ent and active license to practice
2 the categories of cosmetology described in paragraphs (a) to (e) of subdivision (5) of
3 section 329.010 may re gister with the board for a personal service regi stration to
4 pr ovide services to placebound clients outside of a cosmetology establishment. An
5 applicant for a personal service r egistration shall submit to the board an application, a
6 fee as set by the board, and a copy of the applicant's curr ent and active license. An
7 applicant for a personal service r egistration may be denied such reg istration if the
8 applicant has pled guilty to, enter ed a plea of nolo contender e to, or been found guilty of
9 any of the offenses set forth in subsection 5 of section 329.050.
10 2. A personal service reg istrant shall keep his or her information that the board
11 r equir es in the initial r egistration curr ent and up to date with the board.
12 3. A personal service r egistrant shall pr ovide to the client or customer a copy of
13 the personal service regist ration and license upon req uest.
14 4. The board may:
15 (1) Inspect the tools, equipment, and implements of any personal service
16 r egistrant one time each year to ensur e that the re gistrant is following all sanitation
17 standards set by the board by rule;
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18 (2) Inspect the tools, equipment, and implements of any personal service
19 r egistrant if a customer or client submits a complaint to the board about the registra nt;
20 and
21 (3) Following all r equir ements set forth in section 329.140, revok e the personal
22 service re gistration of a regist rant, discipline a regist rant's license, or revok e the
23 r egistration and discipline the license of a regist rant for any violation set forth in section
24 329.140 or for failur e to follow the r equir ements of this section.
25 5. The board may promul gate regula tions necessary for the administration of
26 this section. Any rule or portion of a rule, as that term is defined in section 536.010, that
27 is cr eated under the authority delegated in this section shall become effective only if it
28 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
29 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
30 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
31 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
32 then the grant of rulemaking authority and any rule pro posed or adopted after August
33 28, 2026, shall be invalid and void.
✔
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