TITLE 3

1.1. Scope - This legislative rule establishes the minimum licensing and curriculum requirements for barbers, cosmetologists, aestheticians, and manicurists.

1.2. Authority - W. Va. Code §30-27-8 and §30-27-1.

1.3. Filing Date - April 4, 2000

1.4 Effective Date - April 4, 2000

§ 3-1-2. Definition of Aesthetician

“Aesthetician” means any person who engages in the practice and use of cosmetic preparations, makeups, antiseptics, tonics, lotions, creams, chemical preparations, or otherwise with hands or mechanical or electrical apparatus or appliances or who massages, cleanses, stimulates, manipulates, exercises, beautifies, grooms or performs similar work to the face, neck, arms and hands.

§ 3-1-3. License Requirement

3.1. It is unlawful for any person to practice or offer to practice barbering, beauty culture, manicuring, or aesthetics in this state without first obtaining a license for that purpose from the Board.

3.2 Every person practicing barbering, beauty culture, manicuring or aesthetics and every student shall display his or her license or license renewal in a conspicuous place in the shop where he or she practices or is employed and whenever required, shall exhibit the license to the board or its authorized representative.

3.3. In addition to the license that must be displayed as provided for in Subsection 3.2, of this section, every person practicing barbering, beauty culture, manicuring or aesthetics in this state shall possess a pocket identification card containing the licensee’s photograph.

3.4. The licensee shall show the pocket identification card to the Board, or its

authorized representative, upon request.

3.5 . The pocket identification card is valid for five years and renewable thereafter at five year increments.

3.6 . A licensee may obtain the pocket identification card at any Department of Motor Vehicles licensing bureau at a fee to be determined by the Department of Motor Vehicles.

3.7. To obtain the pocket identification card, the Licensee shall provide to the Department of Motor Vehicles evidence of a valid barber, cosmetologist, manicuring or aesthetician license and at least one other form of picture identification including but not limited to a driver’s license.

§ 3-1-4. Qualification for Licensure

4.1. An applicant for licensure as a barber, cosmetologist, manicurist, or aesthetician, shall present satisfactory evidence to the Board that he or she:

(a) Is at least eighteen years of age;

(b) Is of good moral character and temperate habits;

(c) Has completed at least the twelfth grade of public school or its equivalent, or has passed an ability to benefit test approved by the U.S. Dept. Of Education;

(d) Has graduated from a school of barbering or beauty culture approved by the Board, or in the case of a manicurist or aesthetician, has successfully completed an approved course in manicuring or aesthetics in a school of beauty culture;

(e) Has passed the appropriate examination;

(f) Has transmitted the appropriate application to the Board with the respective fee; and

(g) Has presented a certificate of health from a licensed physician to the Board.

§ 3-1-5. Minimum Curriculum for Barber Permanent Wave License

5.1. Every student desiring a barber permanent wave license shall complete a course of study consisting of at least two thousand (2,000) clock hours divided as specified in Table 3-1A of this rule and subdivided at the discretion of the faculty of each school.

5.2. Every student desiring a license to perform permanent waving and hair coloring services who has completed one thousand eight hundred (1,800) hours of barber training, shall complete a course of study consisting of a minimum of three hundred seventy five (375) clock hours divided as specified in Table 3-1B of this rule. This course is designed to enable those persons who previously graduated to obtain their permanent wave license.

5.3. Every student has the option of completing a course of study for:

5.3.1. A one thousand eight hundred hour barbering course, exclusive of permanent waving license as specified in Table 3-1I of this rule; or

5.3.2. The existing course of study consisting of at least two thousand clock hours divided as specified in Table 3-1A of this rule and subdivided at the discretion of the faulty of the school.

§ 3-1-6. Minimum Curriculum for Cosmetologists

6.1. Every student wishing to become licensed as a cosmetologist shall complete a course of study consisting of a minimum of two thousand (2,000) clock hours divided as specified in Table 3-1C of this rule. A licensed cosmetologist may also trim beards or mustaches.

6.2. Students wishing to become licensed cosmetologists shall perform practical work during the first three hundred (300) hours on manikins only.

§ 3-1-7. Minimum Curriculum for Manicurists

7.1. Every student wishing to become a licensed manicurist shall complete a course of study consisting of a minimum of four hundred (400) clock hours divided as specified in Table 3-1D of this rule.

§ 3-1-8. Minimum Curriculum for Barbers to Obtain a Cross-Over Cosmetologist’s License

8.1. The curriculum for a barber to adequately pass the Beauty Culture examination in order to obtain a cross-over cosmetologist’s license is specified in Table 3-1E of this rule. An individual must complete the two thousand (2,000) hours of barber’s training prior to taking the three hundred (300) hours cosmetology cross-over training. An individual who has completed the barber’s training may, however, take the cosmetology cross-over training prior to taking the barber examination. Upon completing both sets of training requirements, the individual must then sit for both the two thousand (2,000) hours barber examination and the three hundred (300) hours cosmetologist examination. The Board may consider out-of-state applicants for licensure on an individual basis if the applicant’s out-of-state licensure requirements are substantially equal to the requirements in this state. The Board may accept less than two thousand (2,000) hours barber’s training if supplemented by one (1) year of practical experience for every three hundred (300) hours of schooling not to exceed one thousand (1,000) hours.

8.2. Barbers desiring a cross-over license and having graduated with the one thousand eight hundred (1,800) hours curriculum must take a cross-over curriculum of five hundred (500) hours as specified in Table 3-1F of this rule.

8.3. The cross-over curriculum from barbering to beauty culture shall be taught in all approved West Virginia schools of beauty culture.

§ 3-1-9. Minimum Curriculum for Cosmetologists to Obtain a cross-Over Barber License

9.1. Every cosmetologist who wishes to pass the barber examination in order to obtain a cross-over barber license shall complete the courses as specified in Table 3-1G of this rule. Individuals must have completed two thousand (2,000) hours of cosmetologist’s training prior to taking the three hundred (300) hours barber cross-over license training. An individual who has completed the cosmetologist’s training may, however, take the barber cross-over training prior to taking the cosmetologist examination. Upon completing both sets of training requirements, the individual must then sit for both the two thousand (2,000) hours cosmetologist examination and the three hundred (300) hours barber examination. The Board may consider out-of-state applicants for licensure on an individual basis if the applicant’s out-of-state licensure requirements are substantially equal to the requirement in this state. The Board may accept less than two thousand (2,000) hours cosmetologist’s training if supplemented by one (1) year of practical experience for every three hundred (300) hours of schooling not to exceed one thousand (1,000) hours.

9.2. The cross-over curriculum from beauty culture to barbering shall be taught in all approved West Virginia schools of barbering.

§ 3-1-10. Minimum Curriculum for Aestheticians

10.1. Every student wishing to become a licensed aesthetician shall complete a course of study consisting of a minimum of six hundred (600) clock hours divided as specified in Table

3-1H of this rule.

§ 3-1-11. Reciprocity

11.1. Students who have previously attended school, or who have graduated from a school of barbering or beauty culture in a state other than West Virginia, may receive credit towards the two thousand (2,000) hour requirement for graduation in this state if, on entrance into a school in this state, the student requests credit for hours obtained in another state and subsequently presents to the in-state school manager, credentials showing subjects studied and the hours of credit received, duly signed and certified by the manager of the school previously attended. The Board may also award credit to those applicants who can demonstrate work experience. The amount of credit awarded shall be twenty-five (25) hours credit for each month or three hundred (300) hours credit for one year, not to exceed a total award of one thousand (1,000) hours.

§ 3-1-12. Administrative Due Process

12.1. Those persons adversely affected by the enforcement of this rule have the right to request a contested case hearing consistent with the provisions of W. Va. Code § 29A-5-1 et seq.

TABLE 3-1A. Minimum Curriculum for Barber/Permanent Waving Licenses.

SCIENTIFIC STUDY

1. Shop management, business law, ethics 100 hours

2. Bacteriology, sanitation, disease of skin 125 hours

3. Cells, anatomy 20 hours

4. Skin and appendages, biochemistry of hair 60 hours

5. Implements, honing, stropping, use and care 10 hours

6. Haircutting procedures, history of barbering 20 hours

7. Electricity, light therapy 5 hours

8. Theory of massage, tonics 5 hours

9. Hair coloring, effects on hair 25 hours

10. Barber law and regulations, salesmanship 20 hours

11. Chemistry 16 hours

406 hours

DEMONSTRATION AND LECTURE ON SCIENTIFIC STUDY

(NO LECTURE ON SATURDAY)

1. Shop management, business law, ethics, salesmanship 25 hours

2. Bacteriology, sanitation, disease 10 hours

3. Cells, skin and appendages, biochemistry of hair 10 hours

4. Implements, honing, stropping, use and care 5 hours

5. Haircutting procedures, history of barbering 10 hours

6. Electricity, light therapy 5 hours

7. Theory of massage, tonics 5 hours

8. Hair coloring, effects on hair 10 hours

9. First Aid 10 hours

10. Shop arrangement, display of merchandise 10 hours

100 hours

SUPERVISED PRACTICE

1. Scalp treatments, shampooing 50 hours

2. Shaving 50 hours

3. Facials, massage, packs 50 hours

4. Haircutting 450 hours

5. Hair coloring, bleaching 135 hours

6. Hairstyling, methods 200 hours

7. Use of implements 20 hours

8. Desk 19 hours

9. Dispensary 40 hours

1014 hours

TABLE 3-1A. Minimum Curriculum for a Barber/Permanent Waving License, (Cont’d.).

ILLUSTRATED LECTURE AND DEMONSTRATION ON PRACTICAL WORK

(NO DEMONSTRATION OR LECTURE ON SATURDAY)

1. Scalp treatments, shampooing 20 hours

2. Honing and stropping 5 hours

3. Shaving 10 hours

4. Facials, massage, packs 10 hours

5. Haircutting 10 hours

6. Hair tonics 5 hours

7. Hair coloring 10 hours

8. Hairstyling, demonstrations 10 hours

9. Salesmanship 15 hours

10. Unassigned 10 hours

105 hours

PERMANENT WAVING

MANIKIN TOTAL

LECTURE DEMONSTRATION PRACTICE CLINIC HOURS

1. Permanent 15 30 40 200 285 Waving

2. Chemical Hair 8 7 10 65 90

Relaxing and Hair

Straightening

23 37 50 265 375

SUMMARY

Scientific Study 575 hours

Supervised Practice 1050 hours

Permanent Waving 375 hours

2000 hours

A student shall perform a minimum of twenty-five (25) hairstyles before graduation.

TABLE 3-1B. Minimum Curriculum for Barber With One Thousand Eight Hundred (1, 800) Hours Training to Acquire a Barber Permanent Waving License.

MANIKIN TOTAL

LECTURE DEMONSTRATION PRACTICE CLINIC HOURS

1. Permanent 15 30 40 145 230

Waving

2. Hair coloring 5 10 10 30 55

3. Chemical Hair

Relaxing and 8 7 10 65 90 Hair

Straightening

28 47 60 240 375

TABLE 3-1C. Minimum Curriculum for a Cosmetologist’s License.

DEMON- MANIKIN TOTAL

LECTURE STRATION PRACTICE CLINIC HOURS

Ethics, Personal Hygiene, 10 10

Visual Poise and

Personality Development

Sanitation, Sterilization 15 5 20

and Bacteriology

Shampooing and Rinsing 5 2 1 8

Hair and Scalp Treatment 6 1 3 10

Manicuring and First Aid 3 1 4

Haircutting 5 5 10 20

Hairstyling 10 10 30 50

Permanent Waving 15 10 40 65

Safety Precautions 10 10

Salesmanship and 10 10

Merchandising

Wiggery and Hair Pieces 2 1 4 7

Review for Clinic Floor 5 5

Facials, Massage, Packs and 5 3 3 11

Eyebrow Arching

Chemical Hair Relaxing and 8 7 10 25

Hair Straightening

Hair Coloring and 20 20 5 45

Lightening

SUB TOTAL First 300 hours 124 70 106 300

TABLE 3-1C. Minimum Curriculum for a Cosmetologist’s License (Contd.).

SUPERVISED CLINIC PRACTICE

DEMON- MANIKIN TOTAL

LECTURE STRATION PRACTICE CLINIC HOURS

Sanitation, Sterilization 60 60

and Bacteriology

Shampooing and Rinsing 37 37

Hair and Scalp Treatment 40 40

Manicuring and First Aid 2 31 33

Haircutting 13 300 313

Beard & Mustache Shaping 5 5 5 15

Hairstyling 13 400 413

Permanent Waving 20 200 220

Wiggery and Hair Pieces 2 2

Merchandising 20 20

Unassigned 7 7

Facials, Massage, Packs 44 44

and Eyebrow Arching

Chemical Hair Relaxing and 65 65

Hair Straightening

Hair Coloring and 13 155 168

Lightening

SUB TOTAL 5 68 1364 1437

TABLE 3-1C. Minimum Curriculum for a Cosmetologist’s License (Contd.).

LECTURE ON SCIENTIFIC SUBJECTS

DEMON- MANIKIN TOTAL

LECTURE STRATION PRACTICE CLINIC HOURS

Nail Disorders/Structure 3 18

Chemistry 15 15

Skin, Scalp and Hair 29 29

Disorders/Structure

Electricity, Light Therapy 12 12

Anatomy and Cells 20 20

State Laws and 20 20

Regulations

Beauty Salon Management 25 25

Dispensary 80 80

Appointment Desk 1 2 16 19

Job Placement 10 5 15

SUB TOTAL 135 2 101 253

TOTAL 2000

SUMMARY

Scientific Subjects 253

Beginner’s Demonstration 70

Beginner’s Manikin Practice 106

Demonstrations’ Clinic Manikin Practice 1571

TOTAL PRESCRIBED TRAINING PERIOD 2000

TABLE 3-1D Minimum Curriculum Requirements for a Manicuring License.

LECTURE DEMONSTRATION CLINIC TOTAL

Professional Image, Ethics, Hygiene,

Interpersonal Skills, Communication 10 10

Bacteriology, Decontamination,

Sterilization, Personal Protection,

Sanitation, Safety, OSHA 15 5 45 65

First Aid 1 1 4 6

Manicuring & Polish Techniques 4 6 70 80

Massage (Hand & Arm) 2 2 10 14

Physiology, Anatomy for the Manicurist 10 10

Skin & Skin Disorders/Diseases 5 5

Nail & Nail Disorders/Diseases

(Including Fungus and Mold) 5 5

Chemistry for the Manicurist, Composition

of Nail Products, Toxicity & Allergic

Reactions 10 5 15

Electricity, Light Therapy, Machines

Nail Equipment 4 2 5 11

Art of Nail Technology 5 10 65 80

West Virginia State Law, Rules and

Licensing Requirements 20 20

Management, Salesmanship 15 5 20 40

1. Salon Operations

2. Selling Techniques

3. Job Opportunities (Resume,

Employment Applications,

Conduct, Payroll Deductions)

Appointment Desk 1 1 10 12

Dispensary 1 1 5 7

Supplemental Techniques 5 5 10 20

TOTAL 113 43 244 400

TABLE 3-1E. Curriculum Requirements for Barbers With 2,000 Hours Barber/Permanent Wave Training to Obtain A Cross-Over Cosmetology License.

DEMON- MANIKIN TOTAL

LECTURE STRATION PRACTICE CLINIC HOURS

Manicuring & Disorders 3 2 5 10

Hairdressing 15 10 30 75 130

Haircutting 10 10 20 40 80

Makeup 3 2 5 10

Hair coloring & Lightening 20 20 15 55

Dispensary 15 15

TOTAL 51 44