There is a State Board of Cosmetologists in the Department.
The Board consists of seven members.
Of the seven members of the Board:
four shall be licensed cosmetologists;
one shall be a licensed esthetician;
one shall be affiliated with a private cosmetology school as an educator or owner; and
one shall be a consumer member.
The Governor shall appoint the members with the advice of the Secretary.
Each cosmetologist member of the Board:
shall have practiced cosmetology actively for at least 5 years before appointment;
shall be a citizen of the State;
may not be affiliated directly or indirectly with any cosmetology school;
may not be affiliated with any person who manufactures or sells any article, supply, or merchandise that is commonly used in a beauty salon; and
may not be a graduate of the same school of cosmetology as any other member of the Board.
The consumer member of the Board:
shall be a member of the general public;
may not be a licensee or otherwise be subject to regulation by the Board;
may not be required to meet the qualifications for the professional members of the Board; and
may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board.
While a member of the Board, the consumer member may not:
have a financial interest in or receive compensation from a person regulated by the Board; or
grade any examination given by or for the Board.
Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
The term of a member is 3 years and begins on July 1.
The terms of members are staggered as required by the terms provided for members of the Board on October 1, 1989.
A member may not serve more than 2 consecutive terms.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
The Governor may remove a member for incompetence or misconduct.
Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.
The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.
In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.
From among its members, the Board annually shall elect a chairman.
The manner of election of the chairman shall be as the Board determines.
A majority of the members then serving on the Board is a quorum.
No formal action may be taken by the Board without the approval of a majority of the members of the Board eligible to vote.
The Board shall meet at least once a month, at the times and places that the Board determines.
Subject to the State budget, each member of the Board is entitled to:
a reasonable fee set by the Board for each day on which the member is engaged in the duties of office; and
reimbursement for expenses under the Standard State Travel Regulations.
The Board may employ a staff in accordance with the State budget.
The Board shall have its principal office in Baltimore City.
In addition to any duties set forth elsewhere, the Board shall adopt:
bylaws for the conduct of its proceedings;
regulations for qualification and examination of applicants for licenses, registration, and permits and issuance of licenses, certificates of registration, and permits;
regulations to govern the conduct of persons regulated under this title;
regulations to govern sanitation and safety in practicing cosmetology, including regulations that establish precautions to prevent the spread of infectious and contagious diseases; and
regulations to govern the direct supervision of the operation of limited practice beauty salons.
The Board shall adopt regulations that establish detailed curriculum standards for use by the State Board of Education or the Maryland Higher Education Commission in approving applications for instruction in the practice of cosmetology, the provision of esthetic services, the provision of eyelash extension services, the provision of hair services, and the provision of nail technician services at public schools or private career schools.
The curriculum standards established under paragraph (1) of this subsection shall:
incorporate modern methods and practices for:
practicing cosmetology;
providing esthetic services;
providing eyelash extension services;
providing hair services;
providing hair services – blow drying; and
providing nail technician services;
include a reference to each topic and the emphasis of each topic required of a comprehensive curriculum in the appropriate licensing area; and
be reviewed and updated periodically as determined by the Board.
The Board shall require a licensee renewing a license to complete at least six credit hours of continuing education approved by the Board.
The Board shall adopt regulations that set standards for continuing education courses that, at a minimum, require:
two hours of training in health, safety, and welfare subjects; and
four hours of training in general elective courses.
On request of any person and payment of a certification fee established by the Board in accordance with § 5–208 of this subtitle, the Board shall certify the licensing, registration, or permit status and qualifications of any person who is the subject of the request.
Each certification under this section:
shall include a statement of the licensing, registration, or permit status of the person who is the subject of the request; and
may include:
information about the examination results and other qualifications of that person;
information about the dates of issuance and renewal of the license, registration, or permit of that person;
information about any disciplinary action taken against that person; and
if authorized by that person, information about any complaint against that person.
The Board shall collect the certification fee established by the Board in accordance with § 5–208 of this subtitle for each certification under this section.
In addition to any powers set forth elsewhere, the Board may administer oaths.
In addition to any duties set forth elsewhere, the Board shall:
adopt a seal;
keep a record of its proceedings;
keep records at its principal office; and
provide copies of its regulations to persons regulated by the Board.
The Board shall keep a record that, for each application for a license, registration, or permit, shows:
the name of the applicant;
the place of business or employment of the applicant;
the address of the place of business or employment; and
the action of the Board on the application.
Except for the examination fees that the Board shall establish in amounts not to exceed the costs of the examinations, the Board may set by regulation reasonable fees for its services, including application fees, licensing fees, license renewal fees, license reinstatement fees, certification fees, permit fees, permit renewal fees, inspection fees, and any other fees necessary for the Board to carry out this title.
The fees charged shall be:
set so as to produce funds to approximate the cost of maintaining the Board; and
based on the calculations performed by the Secretary under § 2–106.10 of the Business Regulation Article.
The Board shall publish a schedule of fees set by the Board.
The Board shall pay all fees collected under this title to the Comptroller.
The Comptroller shall distribute the fees to the State Barbers and Cosmetologists Boards’ Fund established in § 2–106.9 of the Business Regulation Article.
Any person aggrieved by a final decision of the Board in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.
The Board exercises its powers, duties, and functions subject to the authority of the Secretary.