DEPARTMENT OF LABOR & ECONOMIC GROWTH DIRECTORS OFFICE COSMETOLOGY (By authority conferred on the department of labor & economic growth by sections 308 and 1203 of 1980 PA 299, MCL 339.308 and 339.721, Executive Reorganization Order No.1996-2, MCL 445.2001, and Executive Reorganization Order No. 2003-001, MCL 445.2011) PART 1. GENERAL PROVISIONS R 338.2101 Definitions. Rule 1. As used in these rules: (a) "Act" means 1980 PA 299 MCL 339.101. (b) "Apprenticeship practitioner" means a licensee who is approved by the department and who is engaged in training an apprentice within an establishment. (c) "Branch facility" is a secondary classroom location to an existing school. (d)"Dry sanitizer" means a closed cabinet or container that holds a fumigant chemical sanitizing agent. (e)"Establishment" means a facility, other than a school, where cosmetology or electrology services are rendered to the public. (f)"Junior student or apprentice" means a person who has not qualified to work on the general public. (g) "Minimum practical application" means a service performed on a mannequin, student, or patron. (h)"Reactive chemicals" means, but is not limited to, any of the following: (i) Permanent wave solutions. (ii) Relaxers. (iii) Temporary, semipermanent, or permanent hair colorings. (iv) Hair lighteners. (v) Acids. (vi) Bases. (vii) Creams. (viii) Fluids. (ix) Any other preparation designed to modify or rearrange the structure of the hair, skin, or nails. (i)"School" means a school of cosmetology as defined in section 1201(p) of the act, and may include a branch facility as approved by the department. (j) "Senior student or apprentice" means a person who has qualified to work on the general public. (k) "Specialist demonstrator" means a person imparting specialized knowledge to students under the supervision of a licensed instructor within a school of cosmetology or electrology. (l) "Wet sanitizer" means a container that holds a liquid chemical sanitizing agent. History: 1979 AC; 1981 AACS; 1998-2000 AACS; 2004 AACS; 2006 AACS. R 338.2102 Board meetings. Rule 2. All board meetings are open to the public, in accordance with Act No. 267 of the Public Act of 1976, as amended, being section 15.261 et seq., and known as the open meetings act. History: 1998-2000 AACS. R 338.2103 Rescinded. History: 1979 AC; 1998-2000 AACS. R 338.2106 Rescinded. History: 1981 AACS; 1998-2000 AACS. R 338.2107 Rescinded. History: 1981 AACS; 1998-2000 AACS. R 338.2109 Rescission. Rule 9. Rules 1 to 360 and rules I to VIII of the state board of cosmetology, being R 338.751 to R 338.761 of the Michigan Administrative Code and appearing on pages 3601 to 3610 of the 1954 volume of the Code, are rescinded. History: 1979 AC. PART 2. LICENSES AND PERMITS R 338.2121 Rescinded. History: 1979 AC; 1998-2000 AACS. R 338.2122 Specialist demonstrators. Rule 22. A specialist demonstrator who gives a classroom demonstration under the supervision of a licensed instructor is not teaching. History: 1979 AC; 1998-2000 AACS. R 338.2123 School applications. Rule 23. (1) A person applying for a license to conduct a school shall submit all of the following to the department: (a) A copy of the student contract to be used, which shall be subject to department approval. (b) A copy of the school curriculum, which meets minimum requirements for each program offered. (2) A change in the curriculum shall be promptly reported to the department and shall be subject to department approval. History: 1979 AC; 1981 AACS; 1998-2000 AACS. R 338.2124 Rescinded. History: 1979 AC; 1998-2000 AACS. R 338.2125 Rescinded. History: 1979 AC; 1981 AACS; 1998-2000 AACS. R 338.2126 Rescinded. History: 1979 AC; 1998-2000 AACS. R 338.2127 Change of ownership or relocation; closure. Rule 27. (1) If an establishment or school changes ownership or location, including any branch facility to the current location, the parties involved shall inform the department of the change, in writing, within 30 calendar days. A new application showing the new ownership or the new location, together with the applicable fees and a copy of the existing license shall be filed with the department (2) Before a school is closed or changes ownership, the department shall be notified, in writing, and shall be furnished with a copy of the school's enrolled student records of examinations, credit hours, and minimum practical applications. (3) Branch facilities where training by a cosmetology school is conducted in a physical location apart from the main school premises, may be approved by the department if the branch facility meets the following criteria: (a) Is not used for training students until the department has approved the use of the facility, based upon school need. (b) Meets all requirements for Michigan cosmetology schools, except that it shall not include a full-service facility and shall not offer clinic services to the public. (c) Provides for proper supervision of students. (d) Is submitted for approval on an application prescribed by the department, to include, at a minimum, both of the following: (i) The complete address of the premises to be licensed. (ii) A current, detailed floor plan, not larger than 8 1/2 by 11 inches, of the proposed premises, showing arrangement of the classroom, placing of equipment, entrances, exits, and a statement of the purpose for which the premises will be used. History: 1979 AC; 1998-2000 AACS; 2006 AACS. R 338.2128 Practice or teaching by unlicensed persons. Rule 28. A salon or school owner shall not employ or otherwise use an unlicensed person to perform cosmetological services or to teach cosmetology. History: 1979 AC. PART 3. GENERAL TRAINING ADMINISTRATION R 338.2131 "Equivalent" defined; proof of educational grade equivalency. Rule 31. "Equivalent," as used in the act when referring to educational grade levels, means the passing of a standard examination which is equal to or greater than the required grade level. If there is no grade equivalency test available, the department shall accept a statement from a school administrator indicating that the person has potential and scholastic achievement equal to the required grade. History: 1979 AC; 1981 AACS; 1998-2000 AACS. R 338.2132 School and apprentice training program requirements. Rule 32. (1) A school or apprenticeship practitioner shall have all of the following items: (a) Instructional visual aids for teaching the prescribed curriculum. (b) One bulletin board in the student or apprentice area. (c) Seating facilities for patrons. (d) One chair that has writing facilities for each attending student or apprentice. (e) Sufficient practical training stations and equipment so that students or apprentices are not required to share a station or equipment during practical training periods. (f) A shampoo bowl installed in a classroom other than the main clinic classroom, unless a limited school of electrology. (g) Adequate space per attending student for theory or non-practical classroom training. (h) A chalkboard or the equivalent of sufficient size to be seen from the back of the room in which it is used. History: 1979 AC; 1981 AACS; 1998-2000 AACS. R 338.2132a Rescinded. History: 1981 AACS; 1998-2000 AACS. R 338.2133 Credit of school hours to apprenticeship training prohibited; credit of apprenticeship training to school training prohibited. Rule 33. (1) School credit hours shall not be credited to apprenticeship training. (2) Apprenticeship months of training shall not be credited to school c redit hours. History: 1979 AC; 1981 AACS; 1998-2000 AACS. R 338.2134 Enrollment. Rule 34. (1) A school shall report the enrollment of a student and submit the registration fee to the department within 60 days after the student begins a course of instruction. (2) A student requesting hours from a previous enrollment shall pass practical and theory examinations on the subject areas previously studied and submit the previous hours to the new school before attending the new school. The school shall notify the department of the number of hours accepted and the number of minimum practical applications verified for any student who has hours from previous training. (3) A student shall not be granted credit for more hours than are verified by the school of previous enrollment. History: 1979 AC; 1981 AACS; 1998-2000 AACS; 2006 AACS. R 338.2135 Temporary records. Rule 35. (1) A school or apprenticeship practitioner shall keep temporary records of students. The temporary records shall be maintained until the termination of training and shall include all of the following information: (a) The daily attendance record. (b) A daily record of the minimum practical applications performed. (c) Progress records. (2) A school or apprenticeship practitioner shall keep a monthly record of all student or apprentice enrollment. A copy of each month’s report shall be placed on the school bulletin board in the student area. A report shall be submitted to the department before the tenth day of the following month and shall contain all of the following information for each student or apprentice: (a) Name in alphabetical order. (b) Hours for that month. (c) Accumulated hours of credit. (d) Enrollment status and program. History: 1999 AACS. R 338.2136 Permanent records. Rule 36. (1) A school or apprenticeship practitioner shall keep permanent records of students or apprentices. The permanent records shall be maintained for not less than 7 years after the last date of attendance of the student or apprentice. (2) The records shall be available to the department upon request and shall include all of the following information: (a) A summary of the attendance record. (b) A summary of the hours of training, including the number of minimal practical applications. (c) The date of the enrollment and the last date of attendance. (d) The final grades. (e) A copy of the contract. History: 1999 AACS. R 338.2137 Student and apprentice supplies. Rule 37. (1) A school or apprenticeship practitioner shall furnish a copy of the act and these rules to each student or apprentice. (2) All necessary materials, equipment, and supplies shall be furnished to students or apprentices for work performed on the public. The contract between the school or apprenticeship practitioner and the student or apprentice shall contain a list of any charges for additional materials, supplies, or equipment other than that required to adequately train students or apprentices under the prescribed curriculum. History: 1999 AACS. R 338.2138 Theory instruction. Rule 38. Theory shall be taught throughout a course as applied to practical training under §1205(5)(c) of the act. History: 1999 AACS. R 338.2139 Board examination. Rule 39. (1) To be eligible to take the state board examination, a student or apprentice shall satisfactorily complete the course of study and shall pass a final examination on each subject with a score of not less than 75%. (2) A school or apprenticeship practitioner shall provide certification, to the department or its designees, that the student or apprentice has completed all requirements before the student or apprentice applies for the state board examination. (3) An applicant for a cosmetology, electrology, limited, or specialty instructor license may be granted a partial waiver of the instructor examination if the applicant currently possesses a different cosmetology, electrology, limited, or specialty instructor license. The applicant shall complete the practical portion of the instructor examination in the area of the new instructor license for which he or she applies. (4) A passing score on an examination, or on a portion of an examination if the examination is given in separate parts, shall be valid for 1 year from the date the examination or portion of the examination was passed, except as provided in subrule (3) of this rule. History: 1999 AACS; 2004 AACS. R 338.2139a Course designation and credit provisions. Rule 39a. (1) A school may give elective or advanced courses to a person in a subject in which the person is licensed to practice. Elective or advanced courses shall not be given in conjunction with the training of students enrolled in a curriculum prescribed in these rules. (2) A student or apprentice may be credited for a maximum of 35 hours spent in training in the cosmetology curriculum outside the school or establishment premises, provided a licensed instructor for a cosmetology school or the approved practitioner for an approved apprentice is present with the student or apprentice. Electrology, skin care, manicuring, and natural hair culturist students or apprentices may be credited with a maximum of 15 hours spent in training in their specialty outside the school or establishment premises. (3) Lost time in any program may be made up in accordance with section 1205(5)(a) of the act. (4) A school or apprenticeship practitioner shall report the termination of any student or apprentice to the department in writing. History: 1999 AACS; 2006 AACS. PART 4. SCHOOL TRAINING PROGRAMS R 338.2141 Student supervision. Rule 41. (1) A student shall be supervised by a licensed instructor for all credited time and services. (2) At least 1 instructor shall be present in the junior student work area and at least 1 instructor shall be present in the senior student area to supervise all practical student work. (3) Limited specialist instructors shall not supervise the training of students in any curriculum other than the instructor's specialty. History: 1979 AC; 1981 AACS; 1998-2000 AACS AACS; 2004 AACS. R 338.2142 Uniform and name badges required. Rule 42. (1) All of the following persons shall be required to wear uniforms and name badges by which the person and program are easily identified: (a) Students. (b) Instructors. (c) Electrology instructors. (d) Limited specialist instructors. (e) Limited instructors. (f) Apprentices. (2) Uniforms shall be kept neat, clean, and sanitary. History: 1979 AC; 1981 AACS; 1998-2000 AACS AACS. R 338.2143 Student practice. Rule 43. (1) A student shall not practice in an establishment before receiving a license. (2) A student practicing on the public outside of school may be ineligible to take the state board examination. History: 1979 AC; 1981 AACS; 1998-2000 AACS AACS. R 338.2144 School examinations. Rule 44. (1) A school shall give written, practical, and oral examinations on all curriculum subjects throughout the course of instruction. (2) A school shall administer review and final examinations, including a theory and practical examination, before certification for the state board examination. History: 1999 AACS. R 338.2145 Public notice. Rule 45. (1) A school shall display a sign designating it as a licensed school at all physical premises for which the school is licensed. (2) A school shall not operate as an establishment, but it may, for teaching purposes, practice on the public if it advertises that the work is done solely by students. An instructor shall not perform services on the public for compensation in a school. (3) A school shall display a license, provided by the department, at the school and in any branch facility, which shows the physical address of the main school and the branch. History: 1979 AC; 1981 AACS; 1998-2000 AACS; 2006 AACS. R 338.2146 Rescinded. History: 1979 AC; 1981 AACS; 1998-2000. R 338.2147 Rescinded. History: 1979 AC; 1981 AACS. R 338.2148 Rescinded. History: 1979 AC; 1981 AACS; 1998-2000 AACS. R 338.2149 Rescinded. History: 1979 AC; 1981 AACS; 1998-2000 AACS. PART 5. APPRENTICE TRAINING PROGRAMS R 338.2151 Application for apprenticeship. Rule 51. (1) A licensee who has had not less than 3 years of experience as a licensed cosmetologist, electrologist, natural hair culturist, esthetician, or manicurist may submit an application to the department to train an apprentice. (2) The application shall include the following information: (a) A floor plan of the establishment. (b) A list of equipment to be used in training the apprentice. (c) A list of the books that will be used to teach theory. (d) A copy of the licensee's contract with the apprentice showing the curriculum to be taught and the minimum number of hours per month that the apprentice must attend. The contract shall include written agreements to do all of the following: (i) Personally train the apprentice. (ii) Give and correct examinations. (iii) Render a grade in each subject of the curriculum. (iv) Submit the apprentice=s hours to the department monthly. (3) An apprentice shall not practice on the public before meeting the requirements of section 1205(5)(c) of the act. An apprentice practicing outside an approved apprenticeship establishment may be ineligible to take the state board examination. (4) An apprentice shall be in training throughout the period of the program and shall have received an average of not less than 80 hours of instruction per month. (5) An apprentice=s registration permit shall be conspicuously displayed in the establishment. (6) The apprenticeship practitioner shall provide certification to the department or the department=s designee that the apprentice has completed all requirements before applying for the state board examination. History: 1979 AC; 1981 AACS; 1998-2000 AACS; 2004 AACS. R 338.2151a Rescinded. History: 1979 AC; 1981 AACS; 1998-2000 AACS. R 338.2152 Rescinded. History: 1979 AC; 1981 AACS; 1998-2000 AACS. R 338.2153 Apprenticeship program examinations and grades. Rule 53. (1) A licensee that trains a cosmetology apprentice shall give the apprentice an examination every 6 months. (2) A licensee that trains an electrology, manicuring, esthetician, or natural hair culturist apprentice shall give the apprentice an examination every 3 months. History: 1979 AC; 1981 AACS; 1998-2000 AACS. R 338.2155 Rescinded. History: 1979 AC; 1981 AACS. R 338.2156 Rescinded. History: 1979 AC; 1998-2000 AACS. PART 6. CURRICULUM R 338.2161 Cosmetology curriculum. Rule 61. A school or apprenticeship practitioner shall provide instruction in cosmetology pursuant to the following table: TABLE 1
TABLE 1
Subject
Theory
Hours
Practical
Unassigned Hours
Total
Minimum
Practical Applications
Sanitation/patron protection
Laws and rules
Personal hygiene
Salon management
Mechanical and electrical equipment safety
90
40
0
130
585
(Sanitation and patron protection shall be included in all services)
Facials
Skin analysis and care
Manipulation, massage, electricity
Removal of hair by the use of wax, tweezers, or depilatories
Makeup and eyebrow arch
35
80
115
(a minimum of 5 services in each category)
Hairdressing
Arranging, cutting, dressing, curling, pressing, artificial hair and finger waving, natural hair cultivation
125
400
525
300
(a minimum
of 20 services in each category)
Scalp and hair treatments
10
15
25
30
Hair coloring
Temporary
Semipermanent
Permanent
Bleaching and dimensional coloring
Color mixing
170
210
(a minimum of 8 services in each category)
Chemical hair restructuring
Permanent waving
Straightening and relaxing
180
220
(a minimum of 15 services in each
category)
Applied chemistry/occupational safety and health administration as related to skin, hair, nails, and scalp
20
5
Applied anatomy, physiology, and histology of the human head, hands, nails, skin and hair
45
Manicuring/pedicuring
55
70
Artificial nails
Unassigned hours
110
Totals
425
965
1500
1160
TABLE 2
Theory Hours
Practical Hours
Total Hours
Minimum Practical Applications
50
100
Anatomy and disorders
Artistic principles
Manicuring/pedicuring techniques
Chemistry/occupational safety and health administration
Artificial nails/extensions/repairs
105
145
205
190
TABLE 3
160
Applied anatomy, physiology, and histology
Applied electrolysis
Techniques
250
275
150
260
310
TABLE 4
UnassignedHours
(sanitation and patron protection shall be included in all services)
Artistic principles/makeup
Facial/skin care techniques
Temporary removal of hair
200