FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENATE 
, 
'. 
S.B. No. 3557 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
• 
The Constitution, Article 2, Section 15 provides:· 
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GEC b 
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The State shall protect and promote the right to health of the people and 
instill health consciousness among them. 
Majority of US states such as California, Minnesota, New Hampshire, Virginia, and 
Montana have a board of barbering and cosmetology that licenses cosmetologists, barbers, 
manicurists, aestheticians for skin care, electrologists, al).d establishments where the services are 
performed. 
These boards also handle complaints involving gross negligence and/or 
incompetence; unsanitary conditions in establishments and schools of barbering, cosmetology, 
and electrology; unlicensed practice of barbering, cosmetology and electrology; and 
misrepresentation/false advertising of services. 
'. 
The practice of barbering and cosmetology must be regulated to protect and promote the 
right to health of consumers. There have been too niany horror stories in the Philippines of 
barbering and cosmetology mishaps, ranging from scarring and infections to permanent 
disfigurement. This Bill establishes a Board of Barbering and Cosmetology that will regulate the 
practice of cosmetologists, barbers, manicurists, aesthedcians, electrologists, and establishments, 
and establish and enforce safety and sanitation standards. 


1 
FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENATE 
S.B. No. 3557 
Introduced by Senator Miriam Defensor Santiago 
AN ACT REGULATING BARBERING AND COSMETOLOGY 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
" 
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SECTION 1. Short Title. - This Act shall be known as the "Barbering and Cosmetology 
3 
Act of 2009." 
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SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to 
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protect and promote the right to health of the people and instill health consciousness among 
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them. Toward this end, the practice of barbering and cosmetology shall be regulated by the 
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State. 
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SECTION 3. Definitions. - In this Act, the term-; 
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(a) 
"aesthetician" means a person licensed u!J.der this Act to engage in the practice 
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of any of the following specialized practices as generally recognized in the field of 
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cosmetology: skin care, make-up artistry, facials, and body waxing 
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(b) 
"barber" means a person licensed under this Act to engage in the practice of 
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barbering; 
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(c) 
"Board" means the Board of Barbe ring and Cosmetology; 
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(d) 
"cosmetological establishment" means -the premises or building, or part of a 
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building, wherein cosmetology or any branch of cosmetology is practiced; 


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(e) 
"cosmetological multiply location establishment" means a business engaged in 
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the practice of cosmetology at more than one (1) location using the same business name at 
. 
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such locations, wherein cosmetology, or any branch of cosmetology is practiced; 
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(f) 
"cosmetologist" means any person who engages in the practice of 
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cosmetology in a licensed cosmetological establishment; 
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(g) 
"electrologist" means any person who removes superfluous hair from the body 
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of any person by the use of an electric needle; 
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(h) 
"instructor" means any person who is licensed to teach in a licensed school of 
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cosmetology, skin care (aesthetics), electrology, nail care, or any combination thereof; 
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(i) 
"manicurist" or "nail technician" means any person who cuts, trims, polishes, 
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colors, cleanses, or manicures the nails of any person; and 
, 
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(j) 
"school" means an establishment approv.ed by the Board of Barbering and 
13 
Cosmetology 
operated 
for 
the 
purpose 
of 
teaching, cosmetology, 
skin care, 
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electro logy, and nail care, or any combination thereof. 
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SECTION 4. Board of Barbering and Cosmetology. - (a) There shall be a Board of 
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Barbering and Cosmetology consisting of five (5) members, who shall be appointed by the 
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President of the Philippines. 
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(b) 
The members of the Board shall: 
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(1) 
be a citizen of the Philippines; 
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(2) 
not be connected directly or indirectly, in the wholesale business of the 
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manufacture, rental, sale or distribution lof barber, cosmetology, or electrolysis 
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appliances or supplies; 
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(3) 
at least two (2) members shall be a currently licensed cosmetologist in good 
24 
standing, and shall be currently engaged in, and have at least five years 
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practical experience; 
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(4) 
at least one (I) member shall be a licensed physician; and 
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(5) 
not be affiliated with any school teaching cosmetology, skin care, electro logy, or 
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nail care. 
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(c) 
Members of the Board shall be appointed for the term of four (4) years. The 
2 
term of the first members appointed hereunder shall expire as follows: two (2) members shall 
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be designated to serve for a term of three (3) years; .two members shall be designated to 
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serve for a term of two (2) years; and one (1) me;nber shall be designated to serve for 
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one (1) year. 
No person shall serve as a member of the Board for more than two (2) 
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consecutive terms. 
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(d) 
Any Board member, who misses three (3) consecutive meetings in a row, 
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shall be considered to have vacated their position an:d may be replaced by the President. 
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(e) 
Vacancies for any cause shall be filled by the President for the unexpired term. 
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SECTION 5. Officers a/the Board. - The Board of Barbering and Cosmetology shall 
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elect a chairperson, vice-chairperson and secretary during the first official Board meeting 
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beginning each calendar year. 
The vice-chairperson shall assume the functions and duties 
, 
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of the chairperson in the event the chairperson is"unable to perform those functions and 
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duties. 
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SECTION 6. Meetings. -
The Board of Barbering and Cosmetology shall hold 
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meetings at least six (6) times a year and at such times, as it deems necessary. All meetings 
17 
shall be open to the public, except that the Board may hold executive sessions to 
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prepare, approve, grade, or administer examinations; to conduct investigations and other 
19 
license conditions. A majority of the Board shall constitute a quorum and the concurrence 
20 
of a majority of the members present shaH be nece;ssary to make any action on the Board 
21 
valid. 
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SECTION 7. Powers. - (a) The Board shall have the powers necessary to carry out and 
23 
perform the purposes and provisions of this Act, in addition to other powers and duties granted 
24 
in this Act, and may: 
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(1) 
adopt rules and regulations necessary to implement this Act; 
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(2) 
issue licenses and renew licenses of duly. qualitied applicants; 
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(3) 
deny a license to unqualified applicants; 
(4) 
establish fees for issuance of licens,es, examinations, and inspections; 
(5) 
adopt and use a common seal for the authentication of its records and 
modify it; 
(6) 
investigate alleged violations of this Act and consumer complaints involving 
" 
the practice of cosmetology, barbering, aesthetics, or manicuring, schools 
offering training in these areas, and salons/shops and booth renters offering 
these services; 
(7) 
conduct random and targeted health and safety inspections of establishments 
and schools; 
(8) 
issue subpoenas, orders, stipulated agreements and any other administrative 
remedies necessary to enforce this Act; 
(9) 
conduct all disciplinary proceedings, impose sanctions, and assess fines for 
violations of this Act or any rules adopted; under it; 
(10) 
prepare and administer, or approve, the preparation and administration of 
licensing examinations; 
(11) 
establish minimum safety and sanitation' standards for schools, cosmetologists, 
barbers, manicurists, estheticians and salons/shops; 
(12) 
establish 
requirements 
for 
the 
training 
of students, 
schools, 
and 
establishments; 
(13) 
establish by rule the procedures for reexamination; and 
(14) 
administer exams for licensure for the following: (i) barber; (ii) cosmetologist 
instructor; (iii) cosmetologist; (iv) electrologist; (v) esthetician; and (vi) 
manicurist, 
, 
'. 
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SECTION 8, Examination, - The Board shall administer the national examination that 
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consists of a written and a practical component. Announcement of examinations must be made 
27 
thirty (30) days prior to date of examination through letters, print, and the electronic media, 
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Examination shall be administered twice a year. The passing score in the examination shall be 
2 
as recommended by the national examination, and approved by the Board. 
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SECTION 9. Records. - The Board shall keep a record of its proceedings relating to 
4 
its public and executive meetings, meetings of committees, and records relating to the issuance, 
5 
refusal, renewal, suspension and revocation of licenses and any other applicable documents. 
6 
The Board shall keep a registration of record of such licenses containing the name, address, 
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license number and date issued. This record shall also contain any facts as the applicants may 
8 
have stated in their application for examination for licensure. 
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SECTION 10. Practices Included in this Act. - (a) The practice of cosmetology 
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includes all and any combination of the following: 
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(1) 
arranglllg, 
dressing, curling, 
wavlllg, 
machineless permanent wavlllg, 
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permanent wavlllg, cleansing, cutting, shampooing, relaxing, singeing, 
13 
bleaching, tinting, coloring, straightening, dyeing, brushing, applying hair 
14 
tonics, beautifying, or otherwise treatment by any means of the hair of any 
'. 
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persons; 
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(2) 
massaging, cleaning or stimulating the scalp, face, neck or arms by means of 
17 
the hands, devices, apparatus, or appliances, with or without the use of cosmetic 
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prepamtions, antiseptics, tonics, lotions or creams; 
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(3) 
beautifying the face, neck or arms; by use of cosmetic preparations, 
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antiseptics, tonics, lotions, or creams; 
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(4) 
removing superfluous hair from the body of any person by the use of 
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depilatories or by the use of tweezers, chemicals and preparations, or by the 
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use of devices or appliances of any kiJ;td or description, except by the use of 
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light waves, commonly known as rays;.' 
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(5) 
cutting, trimming, polishing, coloring, cleansing, or manicuring the nails of any 
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person; and 
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(6) 
massaging, cleansing, treating or beautifying the hands or feet of any person. 
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(b) 
Within the practice of cosmetology, there exist the specialty branches of skin 
2 
care and nail care. 
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(1) 
"Skin care" is anyone of the following: 
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(i) 
giving facials, 
applying 
makeup, 
glvmg 
skin 
care, removing 
5 
superfluous hair from the body of any person by the use of depilatories, 
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tweezers or waxing, or applying eyelashes to any person; 
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(ii) 
beautifying the face, neck or arms by use of cosmetic preparations, 
8 
antiseptics, tonics, lotions or creams; or 
. 
., 
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(iii) 
massaging, cleaning or stimulating the face, neck or arms by means 
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of the hands, devices, apparatus or appliances with the use of 
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cosmetic preparations, antiseptics, tonics, lotions or creams. 
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(2) 
"Nail care" is the practice of cutting, trimming, polishing, coloring, tinting, 
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cleansing or manicuring the nails of any person, or massaging, cleansing, or 
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beautifying the hands or feet of any perso,ns. 
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(3) 
"Electrolysis" is the practice of removing hair from, or destroying hair on, the 
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human body by use of an electric needle only. Electrolysis as used in this Act 
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includes electrolysis or thermolysis. 
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(4) 
"Barbering" is the practice of all or' any combination of the following 
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practices: 
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(i) 
shaving or trimming the beard, or cutting the hair; 
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(ii) 
giving facial and scalp massages or treatments with oils, creams, lotions 
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or other preparations either by hand or mechanical appliances; 
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(iii) 
singeing, shampooing, 
arrangmg, 
dressing, 
curling, wavmg, 
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chemical waving, hair relaxing. or dyeing the hair or applying hair 
25 
tonics; 
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(iv) 
applying cosmetic preparations, antiseptics, powders, oils, clays or 
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lotions to the scalp, face or neck: . and 
., 
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(v) 
hairs styling of all textures of hair by standard methods which are 
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current at the time of the hair styling. 
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SECTION 11. Practice Outside of Establishment, - This Act does not prohibit a 
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licensed practitioner of the cosmetic art to practice outside of licensed establishment which 
3 
holds a business license. 
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SECTION 12. Persons Exempted. - The following persons are exempt from this Act: 
5 
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(a) 
(b) 
All persons authorized by law to practice medicine; 
Persons engaged in auy practice within its scope when done outside of a 
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licensed establishment, without compensation; aud 
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(c) 
Persons engaged in the administration' of hair, skin or nail products for the 
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exclusive purpose of recommending, demonstrating, or selling 
those 
products 
without 
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compensation for the barbering or cosmetological services. 
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SECTION 13. Application for Examination and Registration. - (a) Each person, who 
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desires to practice or instruct the art of cosmetology or any branch thereof, shall file 
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with the Board a written application under oath on a, form approved by the Board. 
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Examinations shall be given at least two (2) times a year or as necessary as designated 
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by the Board. The Board shall establish rules for reexamination to include completion of a 
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refresher program after two unsuccessful examinatiof,1S . 
.. 
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SECTION 14. Expiration and Renewal for Licenses. - All licenses issued by the 
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Board shall expire on the individual's birth date next following the date of appropriate 
19 
application, issuance and renewed every two (2) years by payment of fees approved by the 
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Board. 
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SECTION 15. Universal Precautions. -
The Board shall promulgate rules and 
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regulations within one hundred eighty (180) days upon enactment of this Act to address 
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universal precautions guidelines, which shall include; but not be limited to: 
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(a) 
cleanliness and sanitation of towels an:dlor linens; 
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(b) 
disinfecting requirements and standards, of any articles, tools (electrical and 
2 
non-electrical), implements and equipment in contact with a client; 
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(c) 
prevention of contamination of any materials and/or solutions in contact with a 
4 
client; 
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(d) 
proper storage of tools and implements; , 
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(e) 
cleanliness of floor surfaces, walls and ceilings; and 
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(f) 
general proper hygiene (i.e. properly washing hands, proper use of gloves). 
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SECTION 16. Licensing of Cosmetological Establishments. - (a) The Board shall 
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issue a license for cosmetological establishment duripg a Board meeting duly held for the 
10 
purpose of issuing licenses for cosmetological establi~hments for applicants who have made 
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the proper applications for such license and who have qualified as follows: 
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(1) 
Comply with standards of sanitation by the Department of Health and as 
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provided by laws, rules, and regulations; and 
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(2) 
Comply with universal precaution rules and regulations promulgated by the 
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Board. 
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(b) 
A licensed cosmetologist, who has practiced as such in the Philippines for at 
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least one (1) year, shall at all times be in charge of the establishment. 
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(c) 
The Board shall issue a license for a specialty salon establishment during a 
, 
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Board meeting held for the purpose of issuing license's for specialty salon establishments for 
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applicants who have made the proper applications for ~uch license and who have qualified as 
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follows: 
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(1) 
Comply with standards of sanitation requirements by the Department of Health 
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and as provided by laws, rules, and regulations; and 
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(2) 
Comply with tmiversal precaution rules and regulations promulgated by the Board. 
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(d) 
In the case of a specialty salon, a licensee of the Board, which may include, 
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but not be limited to electrologist, manicurist, barber or, aesthetician, who has practiced as such 
27 
in the Philippines for at least one (1) year shall at all times be in charge of the establishment. 
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(e) 
No person having charge of an establishment, whether as an owner or an 
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employee, shall permit any room or part thereof in which any occupation regulated 
2 
under this Act is conducted or practiced, to be used for'residential purposes, or for any other 
3 
purpose that would tend to make the room unsanitary~' unhealthy, or unsafe, or endanger the 
4 
health and safety of the consuming pUblic, 
An establishment shall have a direct entrance 
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separate and distant from any entrance in connection with private quarters. 
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(f) 
Every establishment shall provide at least one (1) public toilet room located on or 
7 
near the premises for its patrons, The entrance of the room shall be effectively screened so 
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that no toilet compartment is visible from any workroom. The room shall be kept in a clean 
9 
condition and in good repair, well lighted and ventilated to the outside air, and 
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effectively screened against insects and free from rodents, 
The floor shall be of concrete; 
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tile laid in cement, vitrified brick, or other nonabsorb"nt material. All sewer drains shall be 
12 
connected to an approved disposal system, and shall b~ properly trapped, No restroom shall 
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be used for storage. 
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(g) 
Every establishment shall provide adequate and convenient handwashing 
15 
facilities, including running hot water, soap and approved sanitary towels. 
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(h) 
Within ninety (90) days after issuan,ce of the establishment license, the 
17 
Department of Health shall inspect the establishment for compliance with the applicable 
18 
requirements of this Act and the applicable rules and regulations 
of the 
Board 
19 
adopted pursuant to this Act. Each establishment' shall be inspected at least annually for 
20 
compliance with applicable laws relating to the public's health and safety, and the conduct 
21 
and operation of establishments, 
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SECTION 17. Cosmetological Multiple Location Business. - (a) A "cosmelotological 
23 
multiply location business" is a business engaged in the practice of cosmetology at more than 
24 
one (1) location using the same business name at such locations, wherein cosmetology or any 
25 
branch of cosmetology is practiced, A licensed cosmetologist must be on duty at each location 
26 
of the cosmetological multiple location business while such location is open for business, 
27 
(b) 
A certificate of registration and license, for each location of a cosmetological 
28 
multiple location business shall be secured by filing an application thereof and paying an 
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annual multiple location licensing fee to be prescribed by the Board per location, and showing 
2 
to the satisfaction of the Board that the establishment meets the standards of sanitation 
3 
required by the Department of Health and applicabJe laws, rules, and regulations. 
A 
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cosmetological multiple location business must have a ~icensed cosmetologist at each location 
5 
while such location is providing cosmetological services. Nothing herein shall prevent a 
6 
licensed cosmetologist employed at one business who· has multiple locations to work at any 
7 
location owned by the same business. 
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SECTION 18. Prohibition Against Employment of Unlicensed Personnel. - It is 
9 
unlawful for any person, firm, or corporation to hire,. employ, or allow to be employed, or 
10 
permit to work, in or about an establishment, any person who performs or practices any 
11 
occupation regulated under this Act who is not duly licensed by the Board. Any person(s) 
12 
violating this Section shall be punished with a fine often thousand pesos (PI0,OOO.OO). 
, 
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SECTION 19. Schools. - (a) The Board shall issue a license for a school during a Board 
14 
meeting duly held for the purpose of issuing licenses for schools for applicants who have made 
15 
the proper applications for such. 
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(b) 
No school of cosmetology shall be granted a certificate of license, unless the 
• 
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school provides for health-related instructions or injuries, and employs and maintains: 
18 
(I) 
a sufficient number of licensed instructors and maintains courses of instruction 
19 
in cosmetology in 
both practical 
and 
technical instruction, including 
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instruction in sanitary sterilization and the use of antiseptics necessary to meet 
21 
the requirements for examination for c~rtificate, registration, and license as a 
22 
cosmetologist; and 
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(2) 
a procedure to consult with a licensed physician. 
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(c) 
No school of electrology shall be granted a certificate of registration and 
25 
license, unless it provides for health related instructions, or injuries and employs and maintains: 
26 
(I) 
a sufficient number of licensed instructors and maintains courses of instruction 
27 
in electrology in both 
practical 
and 
technical 
instruction, 
including 
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(2) 
instruction m sanitary sterilization and the use of antiseptics, necessary to 
meet the requirements for examination for certificate, registration and license as 
an electrologist; and 
procedure to consult with a licensed physician. 
, ., 
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SECTION 20. Revocation and Suspension. - The Board may revoke, suspend or 
6 
deny at any time any license reqnired by this Act on any of the gronnds for disciplinary 
7 
action provided in this Section. The gronnds for disciplinary action are as follows: 
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(a) 
failnre of a person, firm or corporation operating an establishment, or engaged 
9 
in any practice regulated by this Act, to. comply with the requirements of this 
10 
Act; 
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(b) 
failure to comply with the rules governmg health and safety adopted by the 
12 
Board for the regulation of establishments or any practice licensed and 
13 
regulated under this Act; 
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(c) 
failure to comply with the rules adopted by the Board for the regulation of 
15 
establishments, or any practice licensed and regulated under this Act; 
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(d) 
gross negligence, including failnre to comply with generally accepted 
17 
standards for the practice of barbering, cosmetology, manicnrist or electrology, 
18 
or disregard for the health and safety of patrons; 
19 
(e) 
repeated similar negligent acts; 
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(f) 
incompetence, including failnre to comply with generally accepted standards 
21 
for the practice of b arb ering, cosmetology, manicnrist or electrology; 
22 
(g) 
habitual drunkenness, use of or addiction to the use of any controlled substance; 
23 
(h) 
advertising by means of knowingly false or deceptive statements; 
24 
(i) 
obtaining or attempting to obtain practice in any occupation licensed and 
25 
regulated under this Act or money or compensation in any form, by fraudulent 
26 
misrepresentations; 
27 
failure to display the license or health and safety rules and regulations in 
28 
a conspicuous place; 
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(k) 
conviction of any crime substantially related to the qualifications, functions or 
2 
duties of the license holder, in which case the record of conviction or a 
3 
certified copy, shall be conclusive evidence thereof; 
4 
(I) 
permitting a license to be used where the holder is not personally, actively, and 
5 
continuously engaged in business; 
6 
(m) 
making of any false statement as to a m)lterial matter in any oath or affidavit, 
7 
which is required by the provisions ofthis Act; 
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(n) 
refusal to permit, or interference with an inspection authorized under this Act; 
9 
or 
10 
(0) 
any action or conduct which would have warranted the denial of a license. 
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SECTION 21. Licenses. - (a) The license shall prominently state that the holder is 
12 
licensed as a barber, cosmetologist, esthetician, manicurist, electrologist, or cosmetology 
13 
instructor, and shall contain a photograph of the licensee. 
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(b) 
Every licensee shall display the license in a conspicuous place in the licensee's 
15 
place of business or place of employment. 
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(c) 
A duplicate license shall be issued upo~ the filing of a statement explaihing 
17 
the loss, verified by the oath of the applicant and accompanied by the prescribed fee 
18 
pursuant to this Act. 
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(d) 
Every licensee of the Board, except establishments, shall within thirty (30) 
20 
days after a change of address, notify the Board of the new address, and upon receipt 
21 
of the notification, the Board shall make the necessary changes in the register. 
22 
SECTION 22. Penalty. -
Any person who practices cosmetology, electrology, 
23 
aesthetician or skin care, barbering or manicuring, or maintains a school of cosmetological 
• 
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establishment without a license as provided by this Act shall be fined with ten thousand 
25 
pesos (PIO,OOO.OO). 
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SECTION 23. Regulations. - The Board shall promulgate the necessary rules and 
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regulations to carry out the objectives of this Act. 
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SECTION 24. Separability Clause. - If any provision, or part hereof is held invalid or 
3 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
4 
valid and subsisting. 
5 
SECTION 25. Repealing Clause. - Any law, presidential decree or issuance, executive 
6 
order, letter of instruction, administrative order, rule. or regulation contrary to or inconsistent 
., 
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with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
8 
SECTION 26. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
9 
publication in at least two (2) newspapers of general circulation. 
Approved, 
ijab071209 
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