An Act To Require Continuing Education in the Cosmetology, Barbering, Aesthetics and Manicuring Fields
Maine Legislature, Session 121, LD 1054
Committee: Business, Research and Economic Development
Sponsors: BLISS, DUDLEY, HUTTON, MOORE, SULLIVAN

Legislative Document 
No. 1054 
H.P.771 
House of Representatives, February 26,2003 
An Act To Require Continuing Education in the Cosmetology, 
Barbering, Aesthetics and Manicuring Fields 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative BLISS of South Portland. 
/Yj~ 
1?7.1lJ~~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: DUDLEY of Portland, HUTTON of Bowdoinham, 
McLAUGHLIN of Cape Elizabeth, MOORE of Standish, SULLIVAN of Biddeford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 32 MRS A §14235-A is enacted to read: 
§14235-A. 
Inactive status 
1. 
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 must 
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 
pursuant to subchapter 5 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 I s license restored 
without passing an examination and by paying any applicable 
fees and providing proof of satisfactory completion of 
Hi 
hours of continuing education pursuant to subchapter 5. 
Sec. 2. 32 MRSA c. 126. sub-c. 5 is enacted to read: 
SUBCHAPTER 5 
CONTINUING EDUCATION 
§14261. 
Definitions 
As 
used in this subchapter, 
unless the context otherwise 
indicates, the following terms have the following meanings. 
1. 
Biennial licensing period. 
"Biennial licensing period" 
means the 2-year period beginning on July 1st and ending June 
30th 2 years later. 
2. 
Course. 
"Course" means 
a continuing education course 
approved by the board pursuant to section 14263. 
3. 
Eligible offering entity. 
"Eligible offering entity" 
means 
a 
nonprofit 
professional 
association, 
a 
college 
or 
a 
university, 
a 
vocational 
school, 
a 
postsecondary proprietary 
school of cosmetology licensed by the board, a manufacturer ot 
Page l-LR1797(1) 
supplies or eg;uipment used in the practice of cosmetology, the 
board or an agent of the board or any individual or entity that 
owns and operates 5 or more licensed salons or that employs at 
least 50 licensees. 
Any individual or entity not meeting this 
definition may petition the board for review and approval from 
the board in order to be considered an eligible offering entity. 
4. 
Licensee. 
"Licensee" 
means 
a 
person licensed under 
subchapter 3. 
§14262. 
Continuing education general provisions and procedures 
1. 
Continuing education general provisions. 
The following 
are general provisions for continuing education. 
A. 
A licensee is 
exempt 
from all continuing education 
reg;uirements until the biennial licensing period commencing 
after initial licensure. 
B. 
A licensee may not receive credit for identical course 
instruction completed during the biennial licensing period. 
C. 
Courses completed prior to an individual's 
licensure by 
the board do not g;ualify for continuing education credit. 
A 
licensee 
may 
not 
receive 
continuing 
education 
credit for any course that does not have the prior approval 
of the board. 
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 
prereg;uisites 
for 
admission into the course. 
Copies of the roster must be 
available to licensees and the publiCi 
C. 
Creating and publishing a continuing education approval 
form; 
D. 
Adopting 
rules 
for 
waiver 
or 
extension 
of 
the 
reg;uirements 
for 
continuing 
education 
for 
reason 
of 
hardship; and 
E. 
Creating 
and publishing an application 
form 
for 
all 
eligible offering entity. 
3. 
Continuing 
education 
requirements 
for 
licensure 
renewal. 
In order to renew a license under section 14235, 
c\ 
licensee 
must 
meet 
the 
following 
continuing 
educativll 
requirements. 
A. 
After 
the 
completion 
of 
the 
continuing 
educatioll 
requirements for any biennial licensing period, the licensee 
must complete a 
continuing education approval form to 
b~ 
furnished by the board and forwarded to the board with the 
licensee's license renewal application and the renewal fee 
established in section 14238, subsection 1, paragraph E. 
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 under 
subsection 2, 
paragraph D, 
must 
complete and satisfactorily prove completion of any continuing 
education requirements by sUbmitting proof of completion to the 
board by a date specified by the board. 
5. 
Continuing 
education 
requirement 
notification 
procedures. 
The board shall inform a licensee of the continuing 
education requirement pursuant to this subchapter that applies tv 
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: 
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 011 
d 
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 
reguirements 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 
correspondence-style instruction; and 
( 3) 
A 
course 
that 
fails 
to 
meet 
the 
criterict 
established in subsection 2. 
2. 
Criteria for courses. 
The following are criteria for 
courses. 
A. 
A course must be at least 2 hours long. 
B. 
An approved eligible offering entity may not certify the 
attendance of a person who was not physically present durinq 
at least 
90% 
of 
the 
course time. 
All 
courses 
must 
be 
successfully completed. 
C. 
An eligible offering entity shall maintain for 
~ years a 
record of attendance of each person attending a course that 
includes the following information: 
(1) 
The name and business address of the attendee; 
(2) 
The course title and description; 
(3) 
The hours of attendance; 
(4) 
The date of the course; 
(5) 
The name, 
address and signature of the verifiel 
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 
days after completion of the offering. 
D. 
A course offered by 
an 
individual or entity 
whos~ 
pr incipal residence or place of business is not located in 
the State or a course offered by a foreign corporation under 
Title 13-A, 
chapter 
is eligible for 
approval if the 
course 
complies 
with the 
requirements 
contained in this 
section. 
E. 
A course must be open to all 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 
a~ 
least one day in advance of the addition of a date for an 
approved course. 
The eligible offering entity shall alsc' 
notify the board at least one day in advance of all cours_e 
changes, 
including locations, 
times or changes of course 
instructors. 
H. 
Each eligible offering entity shall submit to the 
boar~_1 
within 15 days after completion of each course a listo[ 
licensees who successfully completed the course. 
The list 
!nust 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 boarcl. 
I. 
The board may suspend, revoke or deny the approval o[ an 
instructor or eligible offering entity that fails to compJ,y 
with provisions of this section. 
Written notice stating th~ 
reason for 
the 
suspension, 
revocation or denial must 
be 
given to the instructor or eligible offering entity against 
whom the board has taken action. 
J. 
An 
aggrieved eligible offering entity or 
instructor 
under paragraph I may request a hearing pursuant to Title 5, 
chapter 375, subchapter 4. 
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 1n 
Title 5, chapter 375, subchapter 2-A to implement the purposes of 
this subchapter. 
SUMMARY 
This bill establishes a continuing education requirement for 
people 
engaged 
1n 
the 
practice 
of 
cosmetology, 
manicuring, 
aesthetics and barber ing and sets criteria for the applicants, 
the continuing education courses and the entities that provide 
the courses.