SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'14 
GEe 11 P2:53 
SENA1..E'... 
S.No. 
~b08 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
REGULATING BARBERING AND COSMETOLOGY 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 15 provides: 
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, and establishments where the services are 
performed. These boards also handle complaints involving gross negligence and/or 
incompetence; wlsanitary conditions in establishments and schools of barbering, cosmetology, 
and electro logy; 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 many horror stories in the Philippines of 
barbering and cosmetology mishaps, ranging from scarring and infections to permanent 
disfigurement. This Bill creates a Board of Barbering and Cosmetology that will regulate the 
practice of cosmetologists, barbers, manicurists, aestheticians, electrologists, and establishments, 
and establish and enforce safety and sanitation standards.! 
I This bill was originally filed in the Fourteenth Congress. 


, , 
, 
) 
' , 
SIXTEENTH CONGRESS or THE REPUBLIC 
) 
or THE PHILIPPINES 
) 
Second Regular Session 
) 
'14 
DEC 11 
P2:53 
SENATE' 
S, No, 2508 
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
AN ACT 
2 
REGULATING BARBERING AND COSMETOLOGY 
3 
SECTION 1. Short Title. - This Act shall be known as the "Barbering and Cosmetology 
4 
Act." 
5 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to 
6 
protect and promote the right to health of the people and instill health consciousness among 
7 
them. Toward this end, the practice of barbering and cosmetology shall be regulated by the 
8 
State. 
9 
SECTION 3. Definitions. - In this Act, the term~ 
10 
(a) 
"Aesthetician" means a person licensed under this Act to engage in the practice 
11 
of any of the following specialized practices as generally recognized in the field of 
12 
cbsmetology: skin care, make-up atiistry, facials, and body waxing; 
13 
(b) 
"Barber" means a person licensed under this Act to engage in the practice of 
14 
barbering; 
15 
(c) 
"Board" means the Board of Barbering and Cosmetology; 
16 
(d) 
"Cosmetological establishment" means the premises or building, or part of a 
17 
building, wherein cosmetology or any branch of cosmetology is practiced; 
2 


1 
(e) 
"Cosmetologicalmultiply location establishment" means a business engaged in 
2 
the practice of cosmetology at more than one (1) location using the same business name at 
3 
such locations, wherein cosmetology, or any branch of cosmetology is practiced; 
4 
(t) 
"Cosmetologist" means any person who engages in the practice of 
5 
cosmetology in a licensed cosmetological establishment; 
6 
(g) 
"Electrologist" means any person who removes superfluous hair from the body 
7 
of any person by the use of an electric needle; 
8 
(h) 
"Instructor" means any person who is licensed to teach in a licensed school of 
9 
cosmetology, skin care (aesthetics), electro logy, nail care, or any combination thereof; 
10 
(i) 
"Manicurist" or "nail technician" means any person who cuts, trims, polishes, 
11 
colors, cleanses, or manicures the nails of any person; and 
12 
"School" means an establishment approved by the Board of Barbering and 
13 
Cosmetology operated for the purpose of teaching cosmetology, skin care, electrology, 
14 
and nail care, or any combination thereof. 
15 
SECTION 4. Board of Barbering and Cosmetology. - (a) There shall be a Board of 
16 
Barbering and Cosmetology consisting of five (5) members, who shall be appointed by the 
17 
President of the Philippines. 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
(b) 
The members of the Board shall: 
(1) 
(2) 
(3) 
(4) 
(5) 
be citizens of the Philippines; 
not be connected, directly or indirectly, in the wholesale business of the 
manufacture, rental, sale or distribution of barber, cosmetology, or 
electrolysis appliances or supplies; 
at least two (2) members shall be currently licensed cosmetologists in 
good standing, and shall be currently engaged in, and have at least five 
years practical experience; 
at least one (I) member shall be a licensed physician; and 
not be affiliated with any school teaching cosmetology, skin care, 
electrology, or nail care. 
3 


1 
(c) 
Members of the Board shall be appointed for the term of four (4) years. No 
2 
person shall serve as a member ofthe Board for more than two (2) consecutive terms. 
3 
(d) 
Any Board member who misses three (3) consecutive meetings in a row shall 
4 
be considered to have vacated their position and may be replaced by the President. 
5 
(e) 
Vacancies for any cause shall be filled by the President for the unexpired term. 
6 
SECTION 5. Officers of the Board. - The Board of Barbering and Cosmetology shall 
7 
elect a chairperson, vice chairperson and secretary during the first official Board meeting 
8 
beginning each calendar year. The vice chairperson shall assume the functions and duties of 
9 
the chairperson in the event the chairperson is unable to perform those functions and 
10 
duties. 
11 
SECTION 6. Meetings. -
The Board of Barbering and Cosmetology shall hold 
12 
meetings at least six (6) times a year, and at such times as it deems necessary. All meetings 
13 
shall be open to the public, except that the Board may hold executive sessions to 
14 
prepare, approve, grade, or administer examinations; and to conduct investigations ahd other 
15 
license conditions. A majority of the Board shall constitute a quorum, and the concurrence 
16 
of a majority of the members present shall be necessary to make any action of the Board 
17 
valid. 
18 
SECTION 7. Powers. - The Board shall have the powers necessary to carry out and 
19 
perform the purposes and provisions oflhis Act, in addition to other powers and duties granted 
20 
in this Act, and may: 
21 
22 
23 
24 
25 
26 
(a) 
(b) 
(c) 
(d) 
(e) 
modify it; 
Adopt rules and regulations necessary to implement this Act; 
Issue licenses and renew licenses of dvly qualified applicants; 
Deny a license to unqualified applicants; 
Establish fees for issuance of licenses, examinations, and inspections; 
Adopt and use a common seal for the authentication of its records and 
4 


1 
(t) 
Investigate alleged violations of this Act and consumer complaints involving 
2 
the practice of cosmetology, barbering, aesthetics, or manicuring, schools offering training in 
3 
these areas, and salons/shops and booth renters offering these services; 
4 
(g) 
Conduct random and targeted health and safety inspections of establishments 
5 
and schools; 
6 
(h) 
Issue subpoenas, orders, stipulated agreements, and any other administrative 
7 
remedies necessary to enforce this Act; 
8 
(i) 
Conduct all disciplinary proceedings, impose sanctions, and assess fines for 
9 
violations ofthis Act or any rules adopted under it; 
10 
(j) 
Prepare and administer, or approve, the preparation and administration of 
11 
licensing examinations; 
12 
(k) 
Establish minimum safety and sanitation standards for schools, cosmetologists, 
13 
barbers, manicurists, aestheticians, and salons/shops; 
14 
(I) 
Establish 
requirements 
for 
the 
training 
of students, 
schools, 
and 
15 
establishments; 
16 
17 
(m) 
Establish by rule the procedures for reexamination; and 
(n) 
Administer exams for licensure for the following: (1) barber; (2) cosmetologist 
18 
instructor; (3) cosmetologist; (4) electrologist; (5) esthetic ian; and (6) manicurist. 
19 
SECTION 8. Examination. - The Board shall administer the national examination that 
20 
consists of a written and a practical component. Announcement of examinations must be made 
21 
thirty (30) days prior to date of examination through letters, print, and the electronic media. 
22 
Examination shall be administered twice a year. The passing score in the examination shall be 
23 
as recommended by the national examination, and approved by the Board. 
24 
SECTION 9. Records. - The Board shall keep a record of its proceedings relating to 
25 
its public and executive meetings, meetings of committees, and records relating to the issuance, 
26 
refusal, renewal, suspension and revocation of licenses and any other applicable documents. 
27 
The Board shall keep a registration of record of such licenses containing the name, address, 
5 


1 
license number, and date issued. This record shall also contain any facts as the applicants 
2 
may have stated in their application for examination for licensure. 
3 
SECTION 10. Practices Included in this Act. - (a) The practice of cosmetology 
4 
includes all and any combination of the following: 
5 
6 
7 
8 
9 
(I) 
(2) 
(3) 
(4) 
(5) 
(6) 
arranging, dressing, curling, waving, machine less permanent waving, 
permanent waving, cleansing, cutting, shampooing, relaxing, singeing, 
bleaching, tinting, coloring, straightening, dyeing, brushing, applying 
hair tonics, beautifying, or otherwise treatment by any means of the hair 
of any persons; 
massaging, cleaning or stimulating the scalp, face, neck or arms by 
means of the hands, devices, apparatus, or appliances, with or without the 
use of cosmetic preparations, antiseptics, tonics, lotions or creams; 
beautifying the 
face, 
neck, 
or 
arms 
by 
use 
of cosmetic 
preparations, antiseptics, tonics, lotions, or creams; 
removing superfluous hair from the body of any person by the use of 
depilatories or by the use of tweezers, chemicals, and preparations, or 
by the use of devices or appliances of any kind or description, except 
by the use of light waves, commonly known as rays; 
cutting, trimming, polishing, coloring, cleansing, or manicuring the 
nails of any person; and 
massaging, cleansing, treating, or beautifying the hands or feet of any 
person. 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
(b) 
Within the practice of cosmetology, there exist the specialty branches of skin 
24 
care and nail care. 
25 
26 
27 
(I) 
"Skin care" is anyone of the following: 
(i) 
giving facials, applying makeup, giving skin care, removmg 
superfluous hair from the body of any person by the use of 
6 


1 
2 
3 
4 
5 
6 
7 
8 
(2) 
9 
10 
11 
(3) 
12 
13 
14 
(4) 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
depilatories, tweezers or waxing, or applying eyelashes to any 
person; 
(ii) 
beautifying the face, neck, or arms by use of cosmetic 
preparations, antiseptics, tonics, lotions, or creams; or 
(iii) 
massaging, cleaning, or stimulating the face, neck, or arms by 
means of the hands, devices, apparatus or appliances with the use 
of cosmetic preparations, antiseptics, tonics, lotions or creams. 
"Nail care" is the practice of cutting, trimming, polishing, coloring, 
tinting, cleansing, or manicuring the nails of any person, or massaging, 
e ~ 
.. 
cleansing, or beautifying the hands or feet of any persorg,Y'" .~ 
v' 
"Electrolysis" is the practice of removing hair from, or destroying hair 
on, the human body by use of an electric needle only. Electrolysis as 
used in this Act includes electrolysis or thermolysis. 
"Barbering" is the practice of all or any combination of the following 
practices: 
(i) 
shaving or trimming the beard, or cutting the hair; 
(ii) 
giving facial and scalp massages or treatments with oils, creams, 
lotions, or other preparations either by hand or mechanical 
appliances; 
(iii) 
singeing, shampooing, 
arranging, 
dressing, curling, waving, 
chemical waving, hair relaxing, or dyeing the hair, or applying 
hair tonics; 
(iv) 
applying cosmetic preparations, 
antiseptics, 
powders, oils, 
clays, or lotions to the scalp, face, or neck; and 
(v) 
hairs styling of all textures of hair by standard methods which 
26 
are current at the time of the hair styling. 
27 
SECTION II. Practice Outside of Establishment. - This Act does not prohibit a 
28 
licensed practitioner of the cosmetic art to practice outside of a licensed establishment. 
7 


1 
SECTION 12. Persons Exempted. - The following persons are exempt from this Act: 
2 
(a) 
All persons authorized by law to practice medicine; 
3 
(b) 
Persons engaged in any practice within the scope of this Act when done outside 
4 
of a licensed establishment, without compensation; and 
5 
(c) 
Persons engaged in the administration of hair, skin, or nail products for the 
6 
exclusive purpose of recommending, demonstrating, or selling 
those 
products 
without 
7 
compensation for the barbering or cosmetological services. 
8 
SECTION 13. Application for Examination and Registration. - (a) Each person who 
9 
desires to practice or instruct the art of cosmetology or any branch thereof shall file 
10 
with the Board a written application under oath on a form approved by the Board. 
I 
. 
11 
Examinations shall be given at least two (2) times a year or as necessary as designated 
12 
by the Board. The Board shall establish rules for reexamination to include completion of a 
13 
refresher program after two unsuccessful examinations. 
14 
SECTION 14. Expiration and Renewal of Licenses. - All licenses issued by the Board 
15 
shall expire on the individual's birth date next following the date of issuance, renewable 
16 
every two (2) years hence by payment of fees approved by the Board. 
17 
SECTION 15. Universal Precautions. -
The Board shall promulgate rules and 
18 
regulations within one hundred eighty (180) days upon enactment of this Act to address 
19 
universal precautions guidelines, which shall include, but not be limited to: 
20 
(a) 
Cleanliness and sanitation of towels and/or linens; 
21 
(b) 
Disinfecting requirements and standards of any articles, tools (electrical and 
22 
non-electrical), implements, and equipment in contact with a client; 
23 
(c) 
Prevention of contamination of any materials and/or solutions in contact with a 
24 
client; 
25 
(d) 
Proper storage of articles, tools, implements, and equipment; 
26 
(e) 
Cleanliness of floor surfaces, walls, and ceilings; and 
8 


1 
(f) 
General proper hygiene (i.e. proper washing of hands, proper use of gloves). 
2 
SECTION 16. Licensing of Cosme to logical Establishments. - (a) The Board shall 
3 
issue a license for cosmetological establishments during a Board meeting duly held for the 
4 
purpose of issuing licenses for cosmetological establishments for applicants who have made 
5 
the proper applications for such license and who have qualified as follows: 
6 
(I) 
Comply with standards of sanitation by the Department of Health and as 
7 
provided by laws, rules, and regulations; and 
8 
(2) 
Comply with universal precaution rules and regulations promulgated by 
9 
the Board. 
10 
(b) 
A licensed cosmetologist, who has practiced as such in the Philippines for at 
11 
least one (1) year, shal1 at all times be in charge of the establishment. 
12 
(c) 
The Board shall issue a license for specialty salon establishments during a 
13 
Board meeting held for the purpose of issuing licenses for specialty salon establishments for 
14 
applicants who have made the proper applications for such license and who have qualified as 
15 
follows: 
16 
17 
18 
19 
20 
(d) 
(I) 
(2) 
Comply with standards of sanitation requirements by the Department of 
Health and as provided by laws, rules, and regulations; and 
Comply with universal precaution rules and regulations promulgated by 
the Board. 
In the case of a specialty salon, a licensee of the Board, which may include, 
21 
but not be limited to an electrologist, manicurist, barber, or aesthetician, who has practiced as 
22 
such in the Philippines for at least one (1) year, shall at all times be in charge of the 
23 
establishment. 
24 
(e) 
No person having charge of an establislunent, whether as an owner or an 
25 
employee, shall permit any room or part thereof in which any occupation regulated 
26 
under this Act is conducted or practiced, to be used for residential purposes, or for any other 
27 
purpose that would tend to make the room unsanitary, unhealthy, or unsafe, or endanger the 
28 
health and safety of the consuming public. 
9 


1 
(f) 
Every establishment shaH provide at least one (I) public toilet room located on or 
2 
near the premises for its patrons. The entrance of the room shall be effectively screened so 
3 
that no toilet compartment is visible from any workroom. The room shall be kept in clean 
4 
condition and in good repair, well lighted and ventilated to the outside air, and 
5 
effectively screened against insects and free from rodents. The Door shall be of concrete; 
6 
tile laid in cement, vitrified brick, or other nonabsorbent material. All sewer drains shall be 
7 
connected to an approved disposal system, and shall be properly trapped. No restroom shall 
8 
be used for storage. 
9 
(g) 
Every establishment shall provide adequate and convenient handwashing 
10 
facilities, including running hot water, soap and approved sanitary towels. 
11 
(h) 
Within ninety (90) days after issuance of the establishment license, the Board 
12 
shall inspect the establishment for compliance with the applicable requirements of this 
13 
Act and the applicable rules and regulations of the Board adopted pursuant to this 
14 
Act. Each establishment shall be inspected at leastannually [or compliance with applicable 
15 
laws relating to the public's health and safety, and the conduct and operation of 
16 
establishments. 
17 
SECTION 17. Cosmetological Multiple Location Business. - (a) A "cosmelotological 
18 
multiply location business" is a business engaged in the practice of cosmetology at more than 
19 
one (1) location using the same business name at such locations, wherein cosmetology or any 
20 
branch of cosmetology is practiced. A licensed cosmetologist must be on duty at each location 
21 
of the cosmetological multiple location business while such location is open for business. 
22 
(b) 
A certificate of registration 
and 
license 
for 
each 
location 
of a 
23 
cosmetological multiple location business shall be secured by filing an application thereof 
24 
and paying an annual multiple location licensing fee to be prescribed by the Board per 
25 
location, and showing to the satisfaction of the Board that the establishment meets the 
26 
standards of sanitation required by the Department of Health and applicable laws, rules, and 
27 
regulations. A cosmetological multiple location business must have a licensed cosmetologist 
28 
at each location while such location is providing cosmetological services. Nothing herein shall 
10 


1 
prevent a licensed cosmetologist employed at one business which has multiple locations to 
2 
work at any location owned by the same bllsiness. 
3 
SECTION 18. Prohibition Against Employment of Unlicensed Personnel. -
It is 
4 
unlawful for any person, firm, corporation, or any other entity to hire, employ, or allow to be 
5 
et'nployed, or permit to work, in or about an establishment, any person who performs or 
6 
practices any occupation regulated under this Act who is not duly licensed by the Board. Any 
7 
person(s) violating this Section shall be punished with a fine of ten thousand pesos 
8 
(PIO,OOO.OO). 
9 
SECTION 19. Schools. - (a) The Board shall issue licenses for schools during a Board 
10 
meeting duly held for the purpose of issuing licenses for schools for applicants who have 
11 
made the proper applications for such. 
12 
(b) 
No school of cosmetology shall be granted a certificate of license, unless the 
13 
school provides for health-related instructions or injuries, and employs and maintains: 
14 
15 
16 
17 
18 
19 
20 
(c) 
(1) 
(2) 
a sufficient number of licensed instructors; 
courses of instruction in cosmetology in both practical and technical 
instruction, including instruction in sanitary sterilization and the use of 
antiseptics necessary to meet the requirements for examination for 
certificate, registration, and license as a cosmetologist; and 
(2) 
a procedure to consult with a licensed physician. 
No school of electrology shall be granted a certificate of registration and 
21 
license, unless it provides for health-related instructions or injuries and employs and 
22 
maintains: 
23 
24 
25 
26 
27 
(I) 
(2) 
a sufficient number of licensed instructors; 
courses of instruction in electrology in both practical and technical 
instruction, including instruction in sanitary sterilization and the use 
of antiseptics, necessary to meet the requirements for examination for 
certificate, registration and license as an electrologist; and 
11 


, -
1 
(2) 
procedure to consult with a licensed physician. 
2 
SECTION 20. Revocation and Suspension. - The Board may revoke, suspend, or 
3 
deny at any time any license required by this Act on any of the grounds for disciplinary 
4 
action provided in this Section. The grounds for disciplinary action are as follows: 
5 
(a) 
failure of a person, firm or corporation operating an establishment, or engaged 
6 
in any ,practice regulated by this Act, to comply with the requirements of this Act; 
7 
(b) 
failure to comply with the rules governing health and safety adopted by the 
8 
Board for the regulation of establishments or any practice licensed and regulated under this 
9 
Act; 
10 
(c) 
Failure to comply with the rules adopted by the Board for the regulation of 
11 
establishments, or any practice licensed and regulated under this Act; 
12 
(d) 
Gross negligence, including failure to comply with generally accepted 
13 
standards for the practice of barbering, cosmetology, manicurist, or electrology, or disregard 
14 
for the health and safety of patrons; 
15 
16 
(e) 
(f) 
Repeated similar negligent acts; 
Incompetence, including failure to comply with generally accepted standards 
17 
for (he practice of barbering, cosmetology, manicurist, or electro logy; 
18 
(g) 
19 
substance; 
20 
21 
(h) 
(i) 
Habitual drunkenness, or use of or addiction to the use of any controlled 
Advertising by means of knowingly false or deceptive statements; 
Obtaining or attempting to obtain practice in any occupation licensed and 
22 
regulated under this Act or money or compensation in any fOl'm, by fraudulent 
23 
misrepresentations; 
24 
Failure to display the license or health and safety rules and regulations in 
25 
a conspicuous place; 
26 
(k) 
Conviction of any crime substantially related to the qualifications, functions or 
27 
duties of the license holder, in which case the record of conviction or a certified copy, 
28 
shall be conclusive evidence thereof; 
12 


1 
(I) 
Permitting a license to be used where the holder is not personally, actively, and 
2 
cOhtinuously engaged in business; 
3 
(m) 
Making of any false statement as to a material matter in any oath or affidavit, 
4 
which is required by the provisions of this Act; 
5 
(n) 
Refusal to submit to or interference with an inspection authorized under this 
6 
Act; or 
7 
(0) 
Any action or conduct which would have warranted the denial of a license. 
8 
SECTION 21. Licenses. - (a) The license shall prominently state that the holder is 
9 
licensed as a barber, cosmetologist, esthetic ian, manicurist, electrologist, or cosmetology 
10 
instructor, and shall contain a photograph of the licensee. 
11 
(b) 
Every licensee shall display the license in a conspicuous place in the licensee's 
12 
place of business or place of employment. 
13 
(c) 
A duplicate license shall be issued upon the filing of a statement explaining 
14 
the loss, verified by the oath of the applicant and accompanied by the prescribed fee 
15 
pursuant to this Act. 
16 
(d) 
Every licensee of the Board, except establishments, shall within thirty (30) 
17 
days after a change of address, notify the Board of the new address, and upon receipt 
18 
of the notification, the Board shall make the necessary changes in the register. 
19 
SECTION 22. Penalty. -
Any person who practices cosmetology, clectrology, 
20 
aesthetician or skin care, barbering, or manicuring, or maintains a school of cosmetological 
21 
establishment without a license as provided by this Act shall be fined with ten thousand 
22 
pesos (PlO,OOO.OO). 
23 
SECTION 23. Separability Clause. - If any provision or part hereof is held invalid or 
24 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
25 
v'alid and subsisting. 
13 


1 
SECTION 24. Repealing Clause. - Any law, presidential decree or issuance, executive 
2 
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
3 
with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
4 
SECTION 25. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
5 
publication in at least two (2) newspapers of general circulation. 
Approved, 
/jabl12714 
14