Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board to practice cosmetology before the individual may practice cosmetology in the State. If an individual holds the appropriate limited license, the individual may practice cosmetology in a manner limited to: providing esthetic services; providing eyelash extension services; providing hair services; providing hair services – blow drying; or providing nail technician services. Subsection (a) of this section does not apply to: a student while the student practices cosmetology in accordance with § 5–302 or § 5–303 of this subtitle; or a registered apprentice.

Subject to the provisions of this subsection, a student who has completed at least 350 hours of training at a school of cosmetology may practice cosmetology, without a license, at the school. A student may practice cosmetology under this subsection only: in the course of the practical work required as part of the training of the student; while the student is under the direct supervision of a teacher who meets the requirements established by the Department of Education for public school programs or the Maryland Higher Education Commission for private school programs; and if the individual to whom a service is to be provided agrees to provision of the service after being informed that a student in training is to provide the service. Subject to the provisions of this subsection, a student who has completed at least 1,000 hours of training at a school of cosmetology may practice cosmetology, without a license, in a hospital, nursing home, or correctional facility. A student may practice cosmetology under this subsection only: in the course of the practical work required as part of the training of the student; while the student is under the direct supervision of a teacher who meets the requirements established by the Department of Education for public school programs or the Maryland Higher Education Commission for private school programs; and if the individual to whom a service is to be provided: is confined to the hospital, nursing home, or correctional facility; and agrees to provision of the service after being informed that a student in training is to provide the service.

Subject to the provisions of this section, a student who has completed at least 1,000 hours of training while enrolled in public school courses in cosmetology may practice cosmetology without a license. A student may practice cosmetology under this section only if the student: is enrolled in an approved cosmetology program and has a record of satisfactory school performance and school attendance, as determined by the local education agency; has a letter of authorization, signed by the student’s teacher or work-study coordinator, to practice cosmetology in a specific beauty salon; practices cosmetology only in that specific beauty salon; and while practicing cosmetology, works under the direct supervision of an individual who is a licensed senior cosmetologist who agrees to periodically report on the progress of the student to the cosmetology teacher or the work-study coordinator. A beauty salon may pay a student for work authorized under this section. A student authorized under this section to practice cosmetology without a license shall conspicuously display a letter of authorization, as required by this section, at the student’s work station in the specified beauty salon.

To qualify for a license to practice as a cosmetologist, an applicant shall be an individual who meets the requirements of this section. The applicant shall be at least 17 years old. The applicant shall have completed successfully a 9th grade education or the equivalent. Except as otherwise provided in this subsection, an applicant shall have received training by: serving as a registered apprentice as provided under §§ 5–404 and 5–405(e) of this title; or successfully completing a required program of at least 1,500 hours of training in a cosmetology school that is approved by the State Board of Education or the Maryland Higher Education Commission in consultation with the Board. If an applicant is a barber or master barber currently licensed in this State, the Board shall: credit the applicant with having met one–half of the training requirements of subparagraph (i) of this paragraph; and determine the manner in which the credit will be applied. An applicant meets the requirements of this subsection if: the applicant has held a cosmetologist license in another state or foreign country and has actively practiced cosmetology in the other state or foreign country for a period of 6 months; or the applicant has been trained in a cosmetology school in another state or foreign country that has standards substantially equivalent to or more stringent than the standards of a school that is approved by the State Board of Education or the Maryland Higher Education Commission in consultation with the Board. The applicant shall have completed 1 hour of in–person or virtual training in domestic violence awareness under § 5–305.1 of this subtitle. Except as otherwise provided in this subtitle, the applicant shall pass a written and practical examination given by the Board under this subtitle. To qualify for a license as a senior cosmetologist, an applicant shall: have 2 years of experience as a licensed cosmetologist; and pass an examination approved by the Board.

To qualify for a limited license to practice cosmetology, an applicant shall be an individual who meets the requirements of this section. An applicant for a limited license to provide esthetic services shall: be at least 17 years old; have completed successfully a 9th grade education or the equivalent; have received training by: serving as a registered apprentice for at least 6 months as provided under §§ 5–404 and 5–405 of this title; or successfully completing at least 600 hours of instruction in providing esthetic services in a cosmetology school approved by the State Department of Education or the Maryland Higher Education Commission in consultation with the Board; and have completed 1 hour of in–person or virtual training in domestic violence awareness under § 5–305.1 of this subtitle. An applicant for a limited license to provide eyelash extension services shall: be at least 17 years old; have completed successfully a 9th grade education or the equivalent; and have received training by: serving as a registered apprentice for at least 3 months as provided under §§ 5–404 and 5–405 of this title; or successfully completing at least 100 hours of instruction in providing eyelash extension services in a cosmetology school approved by the State Department of Education or the Maryland Higher Education Commission in consultation with the Board. An applicant for a limited license to provide hair services shall: be at least 17 years old; have completed successfully a 9th grade education or the equivalent; have received training by: serving as a registered apprentice for at least 15 months as provided under §§ 5–404 and 5–405 of this title; or successfully completing at least 1,200 hours of instruction providing hair services in a cosmetology school approved by the State Department of Education or the Maryland Higher Education Commission in consultation with the Board; and have completed 1 hour of in–person or virtual training in domestic violence awareness. An applicant for a limited license to provide hair services – blow drying shall: be at least 17 years old; have completed successfully a 9th grade education or the equivalent; have received training by successfully completing at least 350 hours of instruction providing hair services – blow drying in a cosmetology school approved by the State Department of Education or the Maryland Higher Education Commission in consultation with the Board; and have completed 1 hour of in–person or virtual training in domestic violence awareness. An applicant for a limited license to provide nail technician services shall: be at least 17 years old; have successfully completed a 9th grade education or the equivalent; have received training by: serving as a registered apprentice for at least 3 months as provided under §§ 5–404 and 5–405 of this title; or successfully completing at least 250 hours of instruction in providing nail technician services in a cosmetology school approved by the State Department of Education or the Maryland Higher Education Commission in consultation with the Board; and have completed 1 hour of in–person or virtual training in domestic violence awareness under § 5–305.1 of this subtitle. If an applicant is licensed to practice as an esthetician, eyelash extension technician, hairstylist, hairstylist – blow drying technician, or nail technician in another state or foreign country, the applicant meets the training requirements of this section if the applicant has held a limited license in the other state or foreign country and has actively practiced in the other state or foreign country for a period of 6 months. An applicant for a limited license shall pass an examination given by the Board under this subtitle.

The Department shall approve training programs that an individual may complete to satisfy the domestic violence awareness training requirements of this title. A training program approved under subsection (a) of this section must: be offered in person and virtually; include guidance on: recognizing the signs of domestic violence; strategies to navigate conversations with clients who may be victims of domestic violence; how to listen to and communicate with victims of domestic violence; and connecting clients with resources and support groups for victims of domestic violence; and have a duration of at least 1 hour.

An applicant for a license: shall submit to the Board an application on the form that the Board provides; and except as provided in § 5–308 of this subtitle, shall pay to the Board or the Board’s designee the appropriate examination fee established by the Board in accordance with § 5–205 of this title in an amount not to exceed the cost of the required examination.

Except as otherwise provided in § 5–307.1 of this subtitle, an applicant is entitled to be examined as provided in this section if the applicant: otherwise qualifies for a license under this title; and pays an examination fee, as established by the Board in accordance with § 5–205 of this title and § 5–306 of this subtitle, to the Board or the Board’s designee. The Board periodically shall give examinations to applicants at the times and places that the Board determines. The Board shall give each qualified applicant notice of the time and place of examination. Except as provided in paragraph (2) of this subsection, the Board shall determine the subjects, scope, and form of and the passing score for examinations given under this subtitle. An examination may consist of written and practical parts. An applicant may take a written examination when the applicant has completed at least 1,380 hours of the 1,500 hours of training in a cosmetology school required under § 5–304(a)(4)(i)2 of this subtitle. An applicant who has completed 1,500 hours of training as specified in subparagraph (ii) of this paragraph may take the written and practical parts of an examination during one administration of the examination. The Board or the Board’s designee shall mail or electronically transmit to each applicant notice of the applicant’s examination result.

The Board may use a testing service to administer the examinations required for licensure. If the Board uses a testing service, the testing service, subject to the requirements set by the Board, may: set the time and place of examinations; provide notice of the time and place of an examination to an applicant; and furnish any other information that the Board may require the testing service to provide.

Subject to the provisions of this section, the Board may waive any examination requirement of this subtitle for an individual who is licensed to practice as a cosmetologist or a limited practice cosmetologist in another state. The Board may grant a waiver under this section only if the applicant: pays to the Board an application fee established by the Board in accordance with § 5-205 of this title; and provides adequate evidence that the applicant: meets the qualifications otherwise required by this subtitle; and became licensed in the other state after passing, in that or any other state, an examination that is at least equivalent to the examination for which the applicant is seeking a waiver.

If an applicant qualifies for a license under this subtitle, the Board shall send the applicant a notice that states that: the applicant has qualified for the license; and the Board will issue the license to the applicant on receipt of a license fee established by the Board in accordance with § 5-205 of this title.

Subject to subsections (b), (c), (d), (e), and (f) of this section and while a license to practice cosmetology is in effect, it authorizes the licensee to practice cosmetology. While a limited license to provide esthetic services is in effect, it authorizes the licensee to provide only esthetic services. While a limited license to provide eyelash extension services is in effect, it authorizes the licensee to provide only eyelash extension services. While a limited license to provide hair services is in effect, the license authorizes the licensee to provide only hair services. While a limited license to provide hair services – blow drying is in effect, the license authorizes the licensee to provide only hair services – blow drying. While a limited license to provide nail technician services is in effect, it authorizes the licensee to provide only nail technician services.

The initial term of a license is 2 years. A license expires on the date set by the Board unless the license is renewed for an additional term as provided in this section. At least 1 month before a license expires, the Board shall mail or electronically transmit to the licensee: a renewal application form; and a notice that states: the date on which the current license expires; and the amount of the renewal fee. If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable. Before a license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee: otherwise is entitled to be licensed; pays to the Board a renewal fee established by the Board in accordance with § 5–205 of this title; submits to the Board a renewal application on the form that the Board provides; and submits to the Board satisfactory evidence of completion of the continuing education requirements under § 5–205 of this title. The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section. If an individual who, on or before September 30, 1999, holds a limited license to provide esthetic services files an application to renew the license, the Board shall grant a waiver of the requirement for completion of hours of instruction under § 5–305(b)(3)(ii) of this subtitle that are in addition to the hours of instruction required on or before that date. If an individual who, on or before September 30, 1999, holds a limited license to provide manicuring services files an application to renew the license, the Board shall grant a waiver of the requirement for completion of hours of instruction under § 5–305(b)(3)(ii) of this subtitle that are in addition to the hours of instruction required on or before that date.

The Board shall reinstate the license of an individual who, for any reason, has failed to renew the license if the individual: applies to the Board for reinstatement within 5 years after the license expires; meets the renewal requirements of § 5-311 of this subtitle; and pays to the Board a reinstatement fee established by the Board in accordance with § 5-205 of this title, in addition to the renewal fee required under § 5-311 of this subtitle. If an individual has failed to renew a license for any reason and then applies to the Board for reinstatement more than 5 years after the license has expired, the Board shall reinstate the license only if the individual: meets the renewal requirements of § 5-311 of this subtitle; passes the examination required by the Board; and pays to the Board a reinstatement fee established by the Board in accordance with § 5-205 of this title, in addition to the renewal fee required under § 5-311 of this subtitle.

Each license issued under this subtitle shall be displayed conspicuously by the licensee in the office or place of employment of the licensee.

Subject to the hearing provisions of § 5-315 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee: fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another; fraudulently or deceptively uses a license; is incompetent; engages in dishonest, unethical, immoral, or unprofessional conduct; is addicted to alcohol or drugs to the extent of being unfit to practice cosmetology; advertises by means of knowingly false or deceptive statements; under the laws of the United States or of any state, is convicted of: a felony; or a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to practice cosmetology; violates any provision of this title or any regulation adopted by the Board under this title; or fails to pay a civil penalty imposed by the Board under § 5-610 of this title. Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Board may impose a penalty not exceeding $300 for all violations cited on a single day. To determine the amount of the penalty imposed under this subsection, the Board shall consider: the seriousness of the violation; the good faith of the violator; the violator’s history of previous violations; the deleterious effect of the violation on the complainant, the public, and the cosmetology industry; and any other factors relevant to the determination of the financial penalty. The Board shall pay any penalty collected under this subsection into the General Fund of the State. The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(vii) of this section: the nature of the crime; the relationship of the crime to the activities authorized by the license; with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to practice cosmetology; the length of time since the conviction; and the behavior and activities of the applicant or licensee before and after the conviction. The Board shall commence proceedings under this section on a complaint to the Board by a member of the Board or any person. A complaint shall: be in writing; include the name and necessary contact information of the individual filing the complaint, as determined by the Board; state specifically the facts on which the complaint is based; be submitted to the Executive Director of the Board; and be served on the person to whom it is directed: personally; or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person’s last known address as shown on the Board’s records. If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing. Except as provided in subsection (e) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under this section, the Board shall act on the complaint as provided under § 5-315 of this subtitle to deny, suspend, or revoke a license, reprimand a licensee, or assess a penalty. If the Board does not make the finding, the Board shall dismiss the complaint. If the Board makes the finding under subsection (d)(1) of this section for a violation that relates to the sanitary practice of cosmetology, the Board shall provide the licensee an opportunity to correct the alleged violation. If the licensee fails to correct each alleged violation within 10 days of written notification of the violation by the Board, the Board shall act on the complaint as provided under § 5-315 of this subtitle. If the licensee corrects each alleged violation within 10 days of notice, the Board shall: dismiss the complaint; and provide the licensee written notification of the dismissal.

Except as otherwise provided in § 10–226 of the State Government Article, before the Board takes any final action under § 5–314 of this subtitle or § 5–608.1 of this title, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board. The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article. The hearing notice to be given to the individual shall be served at least 5 days before the hearing. The individual may be represented at the hearing by counsel. The Board may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with any proceeding under this section. A subpoena issued under this subsection shall be served by: certified mail; or the sheriff of the county where the person to be served resides or has a principal place of business. If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

The Board may reinstate the license of an individual whose license has been suspended or revoked under § 5-314 of this subtitle if the individual: applies to the Board for reinstatement of the license; and provides to the Board adequate evidence that the applicant is qualified to have the license reinstated.