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DEPARTMENT OF LABOR & ECONOMIC GROWTH DIRECTORS OFFICE
COSMETOLOGY
Filed with the Secretary of State on May 26, 2006
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
(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)
R 338.2101, R 338.2127, R 338.2134, R 338.2139a, and R 338.2145 are amended as follows:
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. PART 2. APPLICATION AND LICENSE PROVISIONS
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.
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.
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.
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.
