HOUSE BILL NO. 5206

A bill to amend 1980 PA 299, entitled

"Occupational code,"

by amending sections 1201 and 1203a (MCL 339.1201 and 339.1203a), section 1201 as amended by 2024 PA 160 and section 1203a as amended by 2018 PA 387, and by adding section 1207a.

the people of the state of michigan enact:

Sec. 1201. As used in this article:

(a) "Apprentice" means an individual who is engaged in learning cosmetology in a cosmetology establishment.

(b) "Braiding" means providing or offering to the general public for compensation any of the following services solely for development or improvement of physical qualities of the natural hair structure:

(i) Intertwining in a systematic motion to create patterns in a 3-dimensional form.

(ii) Inversion or outversion flat against the scalp along the part of a straight or curved row.

(iii) Twisting in a systematic motion.

(iv) Extension with natural or synthetic fibers.

(c) "Cosmetologist" means an individual who performs or offers to perform 1 or more cosmetology services.

(d) "Cosmetology" means performing 1 or more cosmetology services.

(e) "Cosmetology establishment" means a place of business at which 1 or more cosmetology services are offered or provided. Cosmetology establishment includes a mobile salon and a cosmetology suite. Cosmetology establishment does not include a school of cosmetology.

(f) "Cosmetology services" means any of the following:

(i) Hair care services.

(ii) Skin care services.

(iii) Manicuring services.

(iv) Electrology.

(g) "Cosmetology suite" means a room or suite located inside a licensed cosmetology establishment that is leased or rented from the owner of the cosmetology establishment for the purposes of offering or providing 1 or more cosmetology services.

(h) "Electrologist" means an individual who performs or offers to perform electrology.

(i) "Electrology" means the permanent removal of hair from the body of an individual by the use of electricity.

(j) "Esthetician" means an individual who performs or offers to perform skin care services.

(k) "Hair care services" means arranging, cutting, dressing, curling, waving, cleansing, singeing, bleaching, coloring, tinting, trimming, styling, relaxing, perming, straightening, or similar work upon on the hair of the head or a wig that an individual is wearing.

(l) "Instructor" means an individual who teaches or offers to teach 1 or more cosmetology services in a school of cosmetology.

(m) "Limited cosmetologist license" means a license issued under section 1207a.

(n) (m) "Manicuring services" means the cleansing, filing, shaping, buffing, polishing, or beautifying of the nails of the hands or feet, and the cleansing, massaging, stimulating, exercising, or beautifying of the skin of the hands, arms, and feet, manually or with the use of tools, appliances, or cosmetic preparations, including the repair of nails, or the creation or decoration of artificial nails. Manicuring services do not include the practice of podiatric medicine and podiatric surgery as that term is defined in section 18001 of the public health code, 1978 PA 368, MCL 333.18001.

(o) (n) "Manicurist" means an individual who performs or offers to perform manicuring services.

(p) (o) "Mobile salon" means either of the following:

(i) A self-contained vehicle or other device that is moved, towed, or transported from 1 location to another and in which equipment used to perform 1 or more cosmetology services is installed.

(ii) A business in which equipment used to perform 1 or more cosmetology services is transported to and used on a temporary basis at a location other than the premises of the owner, including, but not limited to, any of the following:

(A) A cosmetology establishment owned by another person.

(B) A client's home.

(q) (p) "Natural hair cultivation" means techniques that result in tension on hair strands such as twisting, wrapping, weaving, extending, locking, or braiding of the hair by hand, if that work does not include the application of dyes, reactive chemicals, or other preparations to alter the color or to straighten, curl, or alter the structure of the hair.

(r) (q) "Natural hair culturist" means an individual who is engaged in natural hair cultivation but does not include an individual who is engaged in natural hair cultivation if that activity is performed as part of the practice of a recognized religion.

(s) (r) "Owner" means a person who that owns and conducts a cosmetology establishment or a school of cosmetology.

(t) (s) For a mobile salon, "premises" means 1 of the following, as applicable:

(i) For a mobile salon described in subdivision (o)(i), (p)(i), the vehicle or other device and the equipment installed in the vehicle or device.

(ii) For a mobile salon described in subdivision (o)(ii), (p)(ii), the equipment used to perform the cosmetology services, and the temporary location at which the equipment is used, while the equipment is at that location.

(u) (t) "School of cosmetology" means a school that teaches 1 or more cosmetology services at a premises designated in the license application.

(v) (u) "Skin care services" includes the services or combination of services described in section 1210(2).

(w) (v) "Student" means an individual who is engaged in learning cosmetology or 1 or more cosmetology services in a school of cosmetology.

Sec. 1203a. (1) Subject to subsection (5), an individual shall not perform any form of cosmetology services, with or without compensation, on any individual other than a member of his or her the individual's immediate family without a license under this article. However, this article does not apply to an individual, person, or premises that is licensed under article 11 while performing the services of a barber.

(2) An individual who is licensed as a cosmetologist under this article may perform hair care services, skin care services, natural hair cultivation, and manicuring services as part of the practice of cosmetology, but shall not perform electrology unless he or she the individual is licensed as an electrologist.

(3) The department may license an individual to perform manicuring services, natural hair cultivation, or skin care services, or certain hair care services in accordance with his or her the individual's training. An individual who is licensed as a manicurist, natural hair culturist, or esthetician, or who is issued a limited cosmetologist license, shall only perform that particular service and shall not perform any other cosmetology service unless he or she the individual is licensed for that service. An individual who is licensed as a manicurist, natural hair culturist, or esthetician, or who is issued a limited cosmetologist license, shall not perform electrology unless he or she the individual is licensed as an electrologist.

(4) An individual who is licensed as an electrologist shall only perform electrology services and shall not perform any other cosmetology service unless he or she the individual is separately licensed to perform those services.

(5) An individual who is a cosmetology student may perform shampoo services in a cosmetology establishment on members of the public without a license under this article if all of the following are met at the time the individual performs the shampooing services:

(a) Except as provided in subsection (6), he or she the individual is enrolled in a school of cosmetology.

(b) He or she The individual has completed at least the not less than 350 hours of instruction in the school's general cosmetology curriculum that is required under section 1205(5)(c). 1205a(1)(e). The instruction must include at least the minimum number of practical applications established by the director by rule.

(c) The cosmetology establishment that is employing the individual to perform shampoo services has received written verification from the school of cosmetology the individual attends, in the form of a letter on the school's letterhead, dated and signed by the director or manager of that school, that states all of the following:

(i) The individual's full name.

(ii) That the individual is currently enrolled in the school.

(iii) That the individual meets the requirements described in subdivision (b).

(iv) His or her The individual's expected graduation date.

(6) An individual who is performing shampooing services under subsection (5) without a license under this article may continue to perform those services at the cosmetology establishment without a license for a period of 30 days after the date the individual is scheduled to graduate from the school of cosmetology.

(7) A cosmetology establishment that employs a cosmetology student to perform shampoo services under subsection (5) must do all of the following:

(a) Maintain records of the student's employment and keep the records on file for at least not less than 3 years after the end of the employment relationship. The records must include the verification letter described in subsection (5)(c).

(b) Allow the department access to the records described in subdivision (a).

(c) Ensure that the student does not perform cosmetology services other than shampoo services while employed by the establishment.

(d) Ensure that a licensed cosmetologist is present in the establishment when the student is performing shampoo services.

(8) A school of cosmetology that provides a verification letter described in subsection (5)(c) to a cosmetology establishment must retain a copy of the letter in the student's school record for at least not less than 3 years after the student's expected graduation date.

(9) As used in this section, "shampoo services" means preparing a customer for a shampoo, or shampooing or blow-drying a customer, for a licensed cosmetologist.

Sec. 1207a. (1) The department shall issue a limited cosmetologist license to an individual who fulfills all of the following requirements:

(a) Is not less than 17 years of age.

(b) Is of good moral character.

(c) Has had an education equivalent to the completion of the ninth grade.

(d) Has completed not less than a 1,200-hour course of study in a licensed school of cosmetology.

(2) An individual who is issued a limited cosmetologist license under this section may perform on a member of the public only the following hair care services:

(a) Cutting.

(b) Coloring.

(c) Perming.