24 Del. Admin. Code § 5100-3.0

Current through Register Vol. 28, No. 3, September 1, 2024
Section 5100-3.0 - Apprenticeship and Supervision [24 Del.C. Sections 5101(a), 5107]
3.1 Application.
3.1.1 In the application for licensure by apprenticeship, the applicant must identify the apprentice teacher and the shop where the apprenticeship will take place and document the apprentice teacher's qualifications as set forth in subsection 3.2.
3.1.2 The apprentice must submit a new application to the Board upon any change in the apprentice teacher or location of the apprenticeship within 30 days of the change. If the apprentice does not submit a new application within 30 days, hours acquired after a change in apprentice teacher or shop shall be null and void and will not count towards apprentice hours required for examination and licensure.
3.1.3 Apprenticeship hours may be acquired only after the apprentice license has been issued.
3.1.4 An apprenticeship may be completed only in a licensed shop. An apprenticeship may not be completed in a mobile salon.
3.2 An apprentice teacher is a licensee who is responsible for the teaching of an individual applying for licensure by apprenticeship. The apprentice teacher must meet the following requirements:
3.2.1 An apprentice teacher must be a practitioner licensed in the profession that the apprentice is studying, except that a nail technician applicant and an aesthetician applicant may apprentice with a cosmetologist, and a barber applicant may apprentice with a cosmetology instructor, if the cosmetology instructor has completed 35 hours of shaving as documented to the Board's satisfaction.
3.2.2 An apprentice teacher must have an active Delaware license in good standing and at least 36 months of licensed work experience which must be documented to the Board's satisfaction and supported by a notarized letter or tax forms.
3.2.3 An apprentice teacher may supervise and train no more than 3 apprentices at any given time.
3.2.4 An apprentice teacher may designate, by written and signed statement, a qualified, temporary apprentice teacher. The temporary apprentice teacher must have been licensed for at 36 months. The temporary teacher may serve in that role for a total of no more than 30 days per calendar year.
3.2.5 An apprentice teacher may not be the employee of the apprentice.
3.2.6 An apprentice teacher must comply with the Board's law, rules and regulations and must instruct the apprenticeship on the importance of such compliance. Failure to comply with the Board's law, rules and regulations may subject the apprentice teacher to discipline.
3.3 Apprenticeship hours.
3.3.1 An apprentice may not be charged for accumulating apprenticeship hours.
3.3.2 An apprenticeship shall be completed only in a licensed shop.
3.3.3 Apprenticeship hours shall be acquired only after the apprentice license has been issued.
3.3.4 Any person applying for licensure as a cosmetologist or barber through apprenticeship must complete the necessary apprentice hours in not less than 18 months and not more than 36 months.
3.3.5 Any person applying for licensure as a nail technician through apprenticeship must complete the necessary apprentice hours in not less than 15 weeks and not more than 12 months.
3.3.6 Any person applying for licensure as an electrologist through apprenticeship must complete the necessary apprentice hours in not less than 15 weeks and not more than 12 months.
3.3.7 Any person applying for licensure as an aesthetician through apprenticeship must complete the necessary apprentice hours in not less than 30 weeks and not more than 24 months.
3.3.8 The required hours shall be completed within the specified time frame.
3.3.9 The apprenticeship license shall expire upon completion of the required hours within the specified time frames as set forth in subsections 3.3.4 - 3.3.7.
3.3.10 On written application to the Board prior to completion of the apprenticeship, the Board may grant extensions to these time frames for good cause shown. To show good cause, the apprentice must provide evidence to the satisfaction of the Board of an illness, injury, financial hardship, family hardship or other similar extenuating circumstance. The extension granted may not exceed 1 year.
3.3.11 The apprentice teacher and apprentice are responsible for keeping an accurate record of the apprentice's application and clock hours. Daily work sheets documenting clock hours must be maintained on Board approved forms and made available to the Board or its designee upon demand. Every 3 months, the apprentice must provide to the Board, on a Board approved form, written documentation of clock hours obtained to date, and the form must be signed by the apprentice teacher.
3.3.12 The apprentice teacher is responsible for notifying the Board that an apprentice is no longer training in the shop and submit to the Board the apprentice's license and a notarized, signed transcript of total hours accumulated by the apprentice within 30 days of termination of the apprenticeship. The transcript must be signed by the apprentice teacher. The apprentice must be provided with a copy of the transcript. Apprentice records must be maintained by the shop for a period of 5 years.
3.3.13 Where an apprentice provides services to a client, the client shall be so advised and t legible written notice that services are being performed by an apprentice must be displayed at the work station. The apprentice teacher must obtain a written statement that the client acknowledges that the work is being performed by an apprentice, and the apprentice teacher must sign the statement.
3.3.14 An apprentice may not work on a client until the apprentice has obtained sufficient skills and knowledge to perform the services. The apprentice teacher is responsible for the services rendered by the apprentice.
3.3.15 Any person applying for licensure by apprenticeship, who previously held a temporary permit pursuant to Section 2.0, and did not pass the applicable examinations as set forth in subsection 2.3, shall wait 6 months from the date of the last examination before making application for an apprentice license.
3.3.16 If an apprentice does not complete the required hours within the specified time frame, as set forth in subsections 3.4 - 3.7, subject to a maximum 1-year extension, the person shall wait 6 months before making application for another apprenticeship. Previously acquired hours shall not be applicable to the subsequent apprenticeship.
3.4 Transfer of Apprentice Hours to School Program. An apprentice cosmetologist or apprentice barber may transfer up to 1,800 apprentice hours, at a rate of 2 apprentice hours to 1 transfer hour, to an educational program totaling 1,500 hours. A minimum of 600 hours of course work must be completed at a school. The Board must provide documentation of the apprentice hours to the school prior to transfer. Acceptance of apprenticeship hours towards a cosmetology or barbering program is at the discretion of the school or program.

24 Del. Admin. Code § 5100-3.0

20 DE Reg. 916 (5/1/2017)
26 DE Reg. 1077 (6/1/2023) (Final)