Current through Register Vol. 54, No. 44, November 2, 2024
Section 43b.405 - Restricted licenses for barbers and cosmetologists(a) As an alternative to refusing to issue or renew, suspending, revoking or limiting a license to practice barbering or cosmetology of an applicant who has a criminal conviction that may be an impediment to licensure, the State Board of Barber Examiners and the State Board of Cosmetology may grant a restricted license to an applicant who demonstrates, to the relevant board's satisfaction, the following, as applicable: (1) While incarcerated, the individual maintained a record of good behavior, including successful completion of any required rehabilitative programming offered by a county correctional facility or the Department of Corrections.(2) If incarcerated by a county correctional facility or the Department of Corrections and enrolled in a barber or cosmetology training program, the individual has successfully completed the requisite education or training requirements of the program.(3) The individual has not been found to be in violation of probation or parole.(4) The individual has demonstrated a commitment to living a law-abiding life, which may be established by one or more of the following: (i) A personal statement of the individual detailing the individual's efforts at rehabilitation since the conviction.(ii) A letter of recommendation from the individual's probation officer, parole officer or appropriate official within the county correctional facility or the Department of Corrections.(iii) A letter or letters of recommendation from members of the community with knowledge of the individual's efforts at rehabilitation since the conviction.(iv) A letter of recommendation from a licensed barber or cosmetologist with knowledge of the individual's efforts at rehabilitation since the conviction.(v) Other relevant evidence of the individual's commitment to living a law-abiding life.(b) A restricted license will be issued for a term of not less than 1 year and not more than 2 years, at the discretion of the applicable board.(c) The order granting a restricted license will set forth the conditions imposed by the applicable board, which may include any of the following: (1) A limitation on the scope of the restricted license holder's practice.(2) A limitation on the location of the restricted license holder's practice.(3) A requirement that the restricted license holder be subject to the direct, on-premises supervision of a licensed manager-barber or a licensee designated in charge of the barber shop or a licensed cosmetology teacher, salon owner or designated licensee in charge of the salon, as applicable, during regular business hours, excluding breaks. A restricted license holder who is subject to supervision under this paragraph shall notify the applicable board in writing within 10 business days of a change in supervisor.(4) Other conditions that the applicable board deems appropriate.(d) Within 30 days of the conclusion of the term of the restricted license, the restricted license holder shall petition for termination of the period of restriction and issuance of an unrestricted license and shall certify that the restricted license holder has complied with all conditions imposed by the applicable board under subsection (c). If subject to supervision under subsection (c)(3), the restricted license holder's supervisor shall submit, within 30 days of the conclusion of the term of the restricted license, a letter to the applicable board providing notice as to whether the restricted license holder complied with all conditions imposed by the applicable board. If the restricted license holder has more than one supervisor during the period of restriction, each supervisor shall submit a separate letter.(e) A restricted license is subject to disciplinary action for violations of the applicable board's act or regulations. (1) In addition, under 63 Pa.C.S. § 3112(d) (relating to restricted licenses for barbers and cosmetologists), a restricted license will be immediately revoked if any of the following occurs: (i) The restricted license holder is convicted of an offense graded as a misdemeanor or felony in this Commonwealth or a similar or equivalent offense in another jurisdiction after the issuance of the restricted license.(ii) The restricted license holder fails to comply with any of the conditions imposed by the applicable board under subsection (c).(2) The restricted license holder will be afforded a post-deprivation hearing before the Board or a hearing examiner to challenge the revocation of the restricted license.(f) As used in this section, "board" means the State Board of Barber Examiners or the State Board of Cosmetology.Adopted by Pennsylvania Bulletin, Vol 54, No. 42. October 19, 2024, effective 10/19/2024