63 PA Cons Stat § 3112 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 63 - PROFESSIONS AND OCCUPATIONS (STATE LICENSED)|Chapter 31 - Powers and Duties|Section 3112 - Restricted licenses for barbers and cosmetologists

§ 3112. Restricted licenses for barbers and cosmetologists. (a) Supplementary provisions.--Notwithstanding any provision of law to the contrary, as an alternative to refusing to issue or renew, suspending, revoking or limiting a license as a result of a finding that an applicant for a barber's license or a cosmetology license lacks the fitness to engage in the practice of barbering under the act of June 19, 1931 (P.L.589, No.202), referred to as the Barbers' License Law, or in the practice of cosmetology under the act of May 3, 1933 (P.L.242, No.86), referred to as the Cosmetology Law, due to a criminal conviction, or is otherwise ineligible for a license as a barber or cosmetologist as a result of a criminal conviction, the State Board of Barber Examiners or the State Board of Cosmetology may issue a restricted license for a term of not less than one year and not more than two years to an applicant for a license under the Barbers' License Law or the Cosmetology Law. The following apply:  (1) The State Board of Barber Examiners or the State Board of Cosmetology shall determine the period of time during which the respective applicant shall operate under a restricted license.  (2) The State Board of Barber Examiners or the State Board of Cosmetology shall notify the respective applicant of that period of time and the conditions placed on the restricted license under subsection (c).  (b) Demonstration of fitness.--Notwithstanding any other provision of law to the contrary and the individual's criminal convictions, an applicant for a restricted license may demonstrate fitness for issuance of a restricted license to practice barbering or cosmetology by introducing evidence of the following, as applicable:  (1) While incarcerated, the individual maintained a record of good behavior, including the successful completion of any required rehabilitative programming offered by a county correctional facility or the Department of Corrections.  (2) If incarcerated by a county correctional facility or the Department of Corrections and enrolled in a program regarding barbering or cosmetology, the individual has successfully completed the requisite education or training requirements of the program.  (3) The individual has not been found to be in violation of probation or parole. (4) The individual has demonstrated a commitment to living a law-abiding life, which may be established by a letter of recommendation from the individual's probation officer, parole officer or appropriate official within the county correctional facility or the Department of Corrections, or any other means, at the discretion of the State Board of Barber Examiners or the State Board of Cosmetology, as applicable.  (c) Conditions for restricted license.--The State Board of Barber Examiners or the State Board of Cosmetology shall impose conditions on a holder of a restricted license, including any of the following:  (1) Limiting the scope or location of the restricted license holder's practice. (2) Requiring the restricted license holder to be reasonably supervised during business hours by a licensed manager-barber or a licensee designated in charge of the barber shop or a licensed cosmetology teacher or salon owner or designated person in charge of the salon, as applicable.  (3) Requiring the restricted license holder to notify the State Board of Barber Examiners or the State Board of Cosmetology, as applicable, in writing as soon as is practicable of a change in the supervisor specified under paragraph (2).  (4) Requiring the restricted license holder to abide by any other condition that the State Board of Barber Examiners or the State Board of Cosmetology, as applicable, deems appropriate.  (d) Revocation.--A restricted license shall be immediately revoked if any of the following occurs:  (1) The restricted license holder is convicted of an offense graded as a misdemeanor or felony in this Commonwealth or a similar or equivalent offense in another jurisdiction following the receipt of the restricted license.  (2) The restricted license holder fails to comply with any condition imposed by the State Board of Barber Examiners or the State Board of Cosmetology and specified under subsection (c).  (e) Compliance.--Within 30 days of the conclusion of the term of the restricted license, the supervising licensed manager-barber or a licensee designated in charge of the barber shop or a licensed cosmetology teacher or salon owner or designated person in charge of the salon, as appropriate, shall provide written notice to the State Board of Barber Examiners or the State Board of Cosmetology as to whether the restricted license holder complied with all conditions imposed under subsection (c). If the restricted license holder meets all of the other qualifications for licensure under the Barbers' License Law or the Cosmetology Law, the State Board of Barber Examiners or the State Board of Cosmetology shall issue a license to practice under the Barbers' License Law or the Cosmetology Law, as appropriate.  (f) Construction.--Nothing in this section shall be construed to restrict any of the other powers and duties of the State Board of Cosmetology or the State Board of Barber Examiners.    Effective Date. Section 6(1) of Act 53 of 2020 provided that the addition of section 3112 shall take effect in 180 days.  Special Provisions in Appendix. See section 5 of Act 53 of 2020 in the appendix to this title for special provisions relating to applicability.  Cross References. Section 3112 is referred to in sections 3116, 3118 of this title; section 9124 of Title 18 (Crimes and Offenses).