2.__Duties of board.__Duties of the board include:

A.__Encouraging all eligible offering entities to offer courses in as many different locations as possible;

B.__Keeping a current roster of approved courses that includes an explanation of course prerequisites required for admission into the course.__Copies of the roster must be available to licensees and the public;

C.__Creating and publishing a continuing education approval form;

D.__Adopting rules for waiver or extension of the requirements for continuing education for reason of hardship;

E.__Creating and publishing an application form for an eligible offering entity; and

F.__Establishing a renewal fee for licensees.

3.__Licensure renewal procedures.__The following are license renewal procedures.

A.__After the completion of the continuing education requirements for any biennial licensing period, the licensee must complete a continuing education approval form to be furnished by the board and forwarded to the board with the licensee's license renewal application and include the renewal fee established by the board under subsection 2, paragraph F.

B.__The licensee must provide satisfactory proof of completion of any applicable continuing education requirement or prove that a waiver or extension was received pursuant to subsection 2, paragraph D prior to the renewal of the license.

4.__Continuing education extension.__The licensee, upon receiving an extension, must complete and satisfactorily prove completion of any continuing education requirements by submitting such proof of completion to the board by a date specified by the board.

5.__Procedures for placing license on inactive status.__The following are procedures for placing a license on inactive status.

A.__A licensee may apply to the board to have the licensee's license placed on inactive status.__To apply to the board to have a license placed on inactive status, the licensee shall complete an application form to place the license on inactive status and pay a $20 processing fee.

B.__A former licensee who is not currently licensed to practice cosmetology, aesthetics, barbering or manicuring and who does not hold a license on inactive status must pay all lapsed renewal fees and submit proof satisfactory to the board of the completion of 8 hours of continuing education prior to receiving a new license.

C.__A licensee who has held a license on inactive status for more than 2 years may have the licensee's license restored without passing an examination and by paying any applicable fees and providing proof of satisfactory completion of 16 hours of continuing education.

6.__Continuing education requirement notification procedures.__ The board shall inform a licensee of the continuing education requirement that applies to the next biennial licensing period by including a notification in the issuance of each renewed license.

§14263.__Eligible offering entities

1.__Application criteria and procedures for course approval.__ The following are application criteria and procedures for course approval.

A.__A course and instruction must be designed to further professionally educate licensees and do at least one of the following:

(1)__Enhance the professional competency of the licensee;

(2)__Protect the public; or

(3)__Educate the licensee on the laws and rules of the profession.

B.__Application for course approval must be completed on a form provided by the board and demonstrate that the applicant is an eligible offering entity.__The application must include a $40 per course nonrefundable processing fee and be submitted to the board at least 30 days prior to the proposed initial date of the course.__The application must

propose a course offering that is in compliance with the requirements of this subchapter.

C.__Whenever there is a substantive change in an approved offering, the eligible offering entity shall notify the board in writing 30 days prior to the initial offering date and pay a $10 nonrefundable processing fee.

D.__The following are not eligible for continuing education credit:

(1)__That portion of any offering devoted to breaks including breakfast, lunch and dinner or other refreshments;

(2)__A course designed to be completed in correspondence style instruction; and

(3)__An application that fails to meet the standards of this section.

2.__Criteria for courses.__The following are criteria for courses.

A.__A course may not be less than 2 hours.

B.__An approved eligible offering entity may not certify the attendance of a person who was not physically present during at least 90% of the course time.__All courses must be successfully completed.

C.__An eligible offering entity shall maintain for 4 years a record of attendance of each person attending a course that includes the following information:

(1)__The name and business address of attendee;

(2)__The course title and description;

(3)__The hours of attendance;

(4)__The date of course;

(5)__The name, address and signature of the verifier employed by the eligible offering entity; and

(6)__Any other information required by the board.

The eligible offering entity shall certify the items listed in this paragraph and furnish a copy to the attendee within 30 days after completion of the offering.

D.__A course offered by an individual or entity whose principal residence or place of business is not located in the State or a course offered by a foreign corporation under Title 13-A, chapter 12 is eligible for approval if the course complies with the requirements contained in this section.

E.__A course must be open to all board licensees on an equal basis.__Course attendance may be restricted to licensees due to valid course prerequisites for admission or by the maximum number of participants allowable as determined by the eligible offering entity and fully disclosed in the application criteria and procedures for course approval.

F.__Passage of an examination by a licensee is not a requirement for successful completion of a course.

G.__Each eligible offering entity shall notify the board at least one day in advance of the addition of a date for an approved course.__The eligible offering entity shall also notify the board at least one day in advance of all course changes including locations, times, changes in course content or changes of course instructors.

H.__Each eligible offering entity shall submit to the board within 15 days after completion of each course a list of licensees who successfully completed the course.__The list must include:

(1)__The course title;

(2)__The date conducted;

(3)__The address where the course was conducted;

(4)__The licensees' names; and

(5)__Any other information required by the board.

I.__The board may suspend, revoke or deny the approval of an instructor or eligible offering entity that fails to comply with provisions of this section.__Written notice stating the reason for the suspension, denial or revocation must be given to the instructor or eligible offering entity against whom the board has taken action.

J.__An aggrieved eligible offering entity, instructor or licensee may request a hearing pursuant to Title 5, chapter 375, subchapter IV.__Until the board has issued its final order as a result of any denial of approval, the course in question may not be represented to licensees as approved for continuing education credit.

K.__An eligible offering entity shall allow an official representative, employee or staff member of the board entrance into any board-approved course at no cost.

§14264.__Rules

The board may adopt routine technical rules as defined in Title 5, chapter 375, subchapter II-A to implement the purposes of this chapter.

SUMMARY

This bill establishes a continuing education requirement for people engaged in the practice of cosmetology, manicuring, aesthetics and barbering and sets criteria for the applicants, the continuing education courses and the entities that provide the courses.