GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H                                                                                                                                                    2

HOUSE BILL 493

Committee Substitute Favorable 6/26/17

 

Short Title:      Merge Cosmetology & Electrolysis Bds.

(Public)

Sponsors:

 

Referred to:

 

March 28, 2017

A BILL TO BE ENTITLED

AN ACT to combine the functions of the north carolina board of cosmetic art examiners and the North Carolina board of electrolysis examiners.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  Chapter 88B of the General Statutes is repealed.

SECTION 1.(b)  Chapter 88A of the General Statutes is repealed.

SECTION 2.  The General Statutes are amended by adding a new Chapter to read:

"Chapter 86B.

"Cosmetic Art and Electrolysis Practice Act.

"§ 86B‑1.  Short title.

This Chapter shall be known and may be cited as the "North Carolina Cosmetic Art and Electrolysis Practice Act."

"§ 86B‑2.  Definitions.

The following definitions apply in this Chapter:

(1)        Board. – The North Carolina Board of Cosmetic Art and Electrolysis Examiners.

(2)        Booth. – A workstation located within a licensed cosmetic art shop that is operated primarily by one individual in performing cosmetic art services for consumers.

(3)        Cosmetic art. – All or any part or combination of cosmetology, esthetics, natural hair care, or manicuring, including the systematic manipulation with the hands or mechanical apparatus of the scalp, face, neck, shoulders, hands, and feet. The term does not include the practice of massage or bodywork therapy as set forth in Article 36 of Chapter 90 of the General Statutes.

(4)        Cosmetic art apprentice. – A person who is not a manager or operator and who is engaged in learning the practice of cosmetic art under the direction and supervision of a cosmetologist.

(5)        Cosmetic art school. – Any building or part thereof where cosmetic art is taught.

(6)        Cosmetic art shop. – Any building or part thereof where cosmetic art is practiced for pay or reward, whether direct or indirect.

(7)        Cosmetologist. – Any individual who is licensed to practice all parts of cosmetic art.

(8)        Cosmetology. – The act of arranging, dressing, curling, waving, cleansing, cutting, singeing, bleaching, coloring, or similar work upon the hair of a person by any means, including the use of hands, mechanical or electrical apparatus, or appliances or by use of cosmetic or chemical preparations or antiseptics.

(9)        Cosmetology teacher. – An individual licensed by the Board to teach all parts of cosmetic art.

(10)      Electrolysis. – The permanent removal of hair by the application of an electrical current to the dermal papilla by a filament to cause decomposition, coagulation, or dehydration within the hair follicle as approved by the Food and Drug Administration of the United States Government.

(11)      Electrologist or electrolocist. – A person who engages in the practice of electrolysis for permanent hair removal.

(12)      Electrology. – The art and practice relating to the removal of hair from the normal skin of the human body by application of an electric current to the hair papilla by means of a needle or needles so as to cause growth inactivity of the hair papilla and thus permanently remove the hair.

(13)      Esthetician. – An individual licensed by the Board to practice only that part of cosmetic art that constitutes skin care.

(14)      Esthetician teacher. – An individual licensed by the Board to teach only that part of cosmetic art that constitutes skin care.

(15)      Esthetics. – Refers to any of the following practices: giving facials; applying makeup; performing skin care; removing superfluous hair from the body of a person by use of creams, tweezers, or waxing; applying eyelashes to a person, including the application of eyelash extensions or brow or lash color; beautifying the face, neck, arms, or upper part of the human body by use of cosmetic preparations, antiseptics, tonics, lotions, or creams; surface manipulation in relation to skin care; or cleaning or stimulating the face, neck, ears, arms, hands, bust, torso, legs, or feet of a person by means of hands, devices, apparatus, or appliances along with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams.

(16)      Laser hair practitioner. – A person who engages in laser, light source, or pulsed‑light treatments for the removal of hair.

(17)      Laser, light source, or pulsed‑light devices. – A device used exclusively in the nonablative procedure for the removal of hair.

(18)      Laser, light source, or pulsed‑light treatments. – The use of laser or pulsed‑light devices for nonablative procedures for the removal of hair.

(19)      Manicuring. – The care and treatment of the fingernails, toenails, cuticles on fingernails and toenails, and the hands and feet, including the decoration of the fingernails and the application of nail extensions and artificial nails. The term does not include the treatment of pathologic conditions.

(20)      Manicurist. – An individual licensed by the Board to practice only that part of cosmetic art that constitutes manicuring.

(21)      Manicurist teacher. – An individual licensed by the Board to teach manicuring.

(22)      Natural hair care. – A service that results in tension on hair strands or roots by twisting, wrapping, extending, or locking hair by hand or mechanical device. The term also includes the use of artificial or natural hair.

(23)      Natural hair care specialist. – An individual licensed by the Board to practice only that part of cosmetic art that constitutes natural hair care.

(24)      Natural hair care teacher. – An individual licensed by the Board to teach natural hair care.

(25)      Shampooing. – The application and removal of commonly used, room temperature, liquid hair cleaning and hair conditioning products. Shampooing does not include the arranging, dressing, waving, coloring, or other treatment of the hair.

"§ 86B‑3.  Creation and membership of the Board; term of office; removal.

(a)        The North Carolina Board of Cosmetic Art and Electrolysis Examiners is established. The Board shall consist of seven members who shall be appointed to three‑year terms as follows:

(1)        The General Assembly, upon the recommendation of the President Pro Tempore of the Senate, shall appoint a cosmetologist and an electrologist.

(2)        The General Assembly, upon the recommendation of the Speaker of the House of Representatives, shall appoint two cosmetologists, one of whom shall be a cosmetology teacher.

(3)        The Governor shall appoint an electrologist or laser hair practitioner and two members of the public who are not licensed under this Chapter.

The cosmetologists appointed to the Board shall have practiced all parts of cosmetic art in this State for at least five years immediately preceding appointment to the Board and shall not be affiliated with any cosmetic art school. The cosmetology teacher appointed to the board shall be currently employed as a teacher by a North Carolina public school, community college, or other public or private cosmetic art school and shall have practiced or taught cosmetic art for at least five years immediately preceding appointment to the Board.

(b)        The Governor may remove any member of the Board for good cause. Vacancies for Board positions shall be filled by the appointing entity and appointees shall serve the remainder of the unexpired term. No Board member may serve more than two consecutive terms, except that each member shall serve until a successor is appointed and qualified.

(c)        The Board shall elect a chair, a vice‑chair, and other officers as deemed necessary by the Board to carry out the purposes of this Chapter. All officers shall be elected annually by the Board for one‑year terms and shall serve until their successors are elected and qualified.

(d)       The Board shall not issue a teacher's license to any Board member during that member's term on the Board. No Board member may be employed by the Board for at least one year after that member's term expires.

"§ 86B‑4.  Powers and duties of the Board.

(a)        The Board shall have all powers and duties necessary to carry out the provisions of this Chapter. The Board may, in accordance with Chapter 150B of the General Statutes, adopt rules necessary to carry out the provisions of this Chapter.

(b)        Whenever the Board has reasonable cause to believe that a violation of any of the provisions of this Chapter may have occurred, the Board may, upon its own motion or upon complaint of any person, investigate any operator to determine whether a violation has occurred.

"§ 86B‑5.  Meetings and compensation of the Board; officers and executive director.

(a)        The Board shall maintain its office in Raleigh, North Carolina, and shall adopt and use a common seal for the authentication of its orders and records. Each member of the Board shall receive compensation for services and expenses as provided in G.S. 93B‑5 in furtherance of official business of the Board. The Board shall hold four regular meetings a year in the months of January, April, July, and October. The chair may call additional meetings of the Board when necessary. The Board shall keep minutes of all its proceedings.

(b)        The Board shall employ an executive director who is not a member of the Board. The executive director shall keep all records of the Board, issue all necessary notices, and perform any other duties required by the Board. The executive director shall serve at the pleasure of the Board.

(c)        With the approval of the Director of the Budget and the Office of State Human Resources, the Board may employ as many inspectors, investigators, and other staff as necessary to perform inspections and other duties prescribed by the Board. Inspectors and investigators shall have authority to examine shops, offices, and schools during business hours to determine compliance with this Chapter. The salaries of all employees of the Board, excluding the executive director, shall be subject to the North Carolina Human Resources Act.

(d)       The executive director may collect in the Board's name and on its behalf the fees prescribed in this Chapter and shall turn these and any other monies paid to the Board over to the State Treasurer. These funds shall be credited to the Board and shall be held and expended under the supervision of the Director of the Budget only for the administration and enforcement of this Chapter. Nothing in this Chapter shall authorize any expenditure in excess of the amount credited to the Board and held by the State Treasurer as provided in this subsection. The State Budget Act shall apply to the administration of this Chapter.

"§ 86B‑6.  Residency requirement.

Only lawful residents of North Carolina may be licensed under this Chapter.

"§ 86B‑7.  Qualifications for licensing cosmetologists.

The Board shall issue a license to practice as a cosmetologist to any individual who meets all of the following requirements:

(1)        Successful completion of at least 1,500 hours of a cosmetology curriculum in an approved cosmetic art school, or at least 1,200 hours of a cosmetology curriculum in an approved cosmetic art school and completion of an apprenticeship for a period of at least six months under the direct supervision of a cosmetologist, as certified by sworn affidavit or by other evidence satisfactory to the Board.

(2)        Passage of an examination conducted by the Board.

(3)        Payment of the fees required by G.S. 86B‑34.

"§ 86B‑8.  Qualifications for licensing cosmetology apprentices.

(a)        The Board shall issue a license to practice as a cosmetology apprentice to any individual who meets all of the following requirements:

(1)        Successful completion of at least 1,200 hours of a cosmetology curriculum in an approved cosmetic art school.

(2)        Passage of an examination conducted by the Board.

(3)        Payment of the fees required by G.S. 86B‑34.

(b)        Applicants who pass the practical and theory portions of the examination with a score of eighty‑five percent (85%) or higher are exempt from the apprenticeship requirement and are allowed to apply for a temporary permit pursuant to G.S. 86B‑17(g). Applicants who pass the initial written examination and pass the initial practical examination with a score of less than eighty‑five percent (85%) are permitted to retake the initial practical examination no more than two additional times upon payment of the fee authorized under G.S. 86B‑34. Individuals holding a current and valid apprentice license that have passed the practical and theory portions of the examination with a score of eighty‑five percent (85%) or higher are entitled to obtain a temporary permit pursuant to this subsection upon payment of the fee authorized under G.S. 86B‑34.

"§ 86B‑9.  Qualifications for licensing as an esthetician.

The Board shall issue a license to practice as an esthetician to any individual who meets all of the following requirements:

(1)        Successful completion of at least 600 hours of an esthetics curriculum in an approved cosmetic art school.

(2)        Passage of an examination conducted by the Board.

(3)        Payment of the fees required by G.S. 86B‑34.

"§ 86B‑10.  Qualifications for licensing manicurists.

The Board shall issue a license to practice as a manicurist to any individual who meets all of the following requirements:

(1)        Successful completion of at least 300 hours of a manicurist curriculum in an approved cosmetic art school.

(2)        Passage of an examination conducted by the Board.

(3)        Payment of the fees required by G.S. 86B‑34.

"§ 86B‑11.  Qualifications for licensing natural hair care specialists.

The Board shall issue a license to practice as a natural hair care specialist to any individual who meets all of the following requirements:

(1)        Successful completion of at least 300 hours of a natural hair care curriculum in an approved cosmetic art school.

(2)        Passage of an examination conducted by the Board.

(3)        Payment of the fees required by G.S. 86B‑34.

"§ 86B‑12.  Qualifications for licensure as an electrologist.

(a)        Any person who desires to be licensed as an "electrologist" pursuant to this Chapter shall:

(1)        Submit an application on a form approved by the Board.

(2)        Be 21 years of age or older.

(3)        Meet the requirements of subsection (b) of this section.

(4)        Pass an examination given by the Board.

(5)        Submit the application and examination fees required in G.S. 86B‑35.

(b)        An applicant for licensure under this section shall provide proof of graduation from a school certified by the Board pursuant to G.S. 86B‑23.

(c)        At least twice each year, the Board shall give an examination to applicants for licensure to determine the applicants' knowledge of the basic and clinical sciences relating to the theory and practice of electrology. The Board shall give applicants notice of the date, time, and place of the examination at least 60 days in advance.

(d)       When the Board determines that an applicant has met all the requirements for licensure, and has submitted the initial license fee required in G.S. 86B‑35, the Board shall issue a license to the applicant.

"§ 86B‑13.  Requirements for licensure as a laser hair practitioner; limitations on licensed laser hair practitioners.

(a)        Any person seeking licensure by the Board as a laser hair practitioner shall have met the following requirements at the time the license is requested:

(1)        Be an electrologist licensed under this Chapter.

(2)        Completed a minimum 30‑hour laser, light source, or pulsed‑light treatment certification course approved by the Board and in accordance with rules adopted by the Board.

(3)        Be currently using or anticipate using laser, light source, or pulsed‑light devices that the person has been certified by a Board‑approved school to operate.

(b)        The Board shall issue a license to an applicant when the Board determines that the applicant has met all the requirements for licensure and has submitted the initial license fee required in G.S. 86B‑35.

(c)        Each laser hair practitioner shall practice laser, light source, or pulsed‑light treatments under the supervision of a physician licensed under Article 1 of Chapter 90 of the General Statutes. The physician shall be readily available but not required to be on site when the laser, light source, or pulsed‑light treatments are being performed. However, the authority to regulate laser clinicians shall remain with the Board.

(d)       A laser hair practitioner shall not dispense or administer medication or provide advice regarding the use of medication, whether prescription or over‑the‑counter, in connection with laser, light source, or pulsed‑light treatments.

(e)        All laser hair practitioners shall use laser, light source, or pulsed‑light devices approved by the federal Food and Drug Administration and comply with all applicable federal and State regulations, rules, and laws. The Board shall revoke the license of a licensed laser hair practitioner who violates this subsection.

(f)        Only a licensed physician may use laser, light source, or pulsed‑light devices for ablative procedures.

"§ 86B‑14.  Qualifications for licensing cosmetic art teachers and instructors.

(a)        Applicants for any cosmetic art teacher's license issued by the Board shall meet all of the following requirements:

(1)        Possession of a high school diploma or a high school graduation equivalency certificate.

(2)        Payment of the fees required by G.S. 86B‑34.

(b)        The Board shall issue a license to practice as a cosmetology teacher to any individual who meets the requirements of subsection (a) of this section and who meets all of the following:

(1)        Holds in good standing a cosmetologist license issued by the Board.

(2)        Submits proof of either practice of cosmetic art in a cosmetic art shop, or any Board‑approved employment capacity in the cosmetic arts industry, for a period equivalent to five years of full‑time work immediately prior to application or successful completion of at least 800 hours of a cosmetology teacher curriculum in an approved cosmetic art school.

(3)        Passes an examination for cosmetology teachers conducted by the Board.

(c)        The Board shall issue a license to practice as an esthetician teacher to any individual who meets the requirements of subsection (a) of this section and who meets all of the following:

(1)        Holds in good standing a cosmetologist or an esthetician license issued by the Board.

(2)        Submits proof of either practice as an esthetician in a cosmetic art shop, or any Board‑approved employment capacity in the cosmetic arts industry, for a period equivalent to three years of full‑time work immediately prior to application or successful completion of at least 650 hours of an esthetician teacher curriculum in an approved cosmetic art school.

(3)        Passes an examination for esthetician teachers conducted by the Board.

(d)       The Board shall issue a license to practice as a manicurist teacher to any individual who meets the requirements of subsection (a) of this section and who meets all of the following:

(1)        Holds in good standing a cosmetologist or manicurist license issued by the Board.

(2)        Submits proof of either practice as a manicurist in a cosmetic art shop, or any Board‑approved employment capacity in the cosmetic arts industry, for a period equivalent to two years of full‑time work immediately prior to application or successful completion of at least 320 hours of a manicurist teacher curriculum in an approved cosmetic art school.

(3)        Passes an examination for manicurist teachers conducted by the Board.

(e)        The Board shall issue a license to practice as a natural hair care teacher to any individual who meets the requirements of subsection (a) of this section and who meets all of the following:

(1)        Holds in good standing a natural hair care license issued by the Board.

(2)        Submits proof of either practice as a natural hair care specialist in a cosmetic art shop, or any Board‑approved employment capacity in the cosmetic art industry, for a period equivalent to two years of full‑time work immediately prior to application or successful completion of at least 320 hours of a natural hair care teacher curriculum in an approved cosmetic art school.

"§ 86B‑15.  Requirements for certification as an electrology instructor.

(a)        Any person who desires to be certified as an "electrology instructor" pursuant to this Chapter shall do all of the following:

(1)        Submit an application on a form approved by the Board.

(2)        Be a licensed electrologist.

(3)        Have practiced electrology actively for at least five years immediately before the application.

(4)        Pass a written examination given by the Board.

(b)        At least twice each year, the Board shall give an examination to applicants for certification as an electrology instructor. The examination shall consist of written and verbal sections testing the applicants' knowledge of the basic and clinical sciences relating to the theory and practice of electrology. The Board shall give applicants notice of the date, time, and place of the examination at least 60 days in advance.

(c)        The Board shall issue an instructor's certificate to an applicant when the Board determines that the applicant has met all the qualifications for certification as an electrology instructor and has submitted the required fee.

"§ 86B‑16.  Requirements for licensure as a laser hair practitioner instructor.

(a)        Any person who desires licensure as a laser practitioner instructor pursuant to this Chapter shall meet all of the following requirements:

(1)        Submit an application on a form approved by the Board.

(2)        Be an electrologist licensed under this Chapter or a physician licensed under Article 1 of Chapter 90 of the General Statutes.

(3)        Have practiced laser and light‑based treatments actively for at least five years immediately before applying for licensure.

(4)        Have at least 100 hours of training in laser and light‑based treatments.

(b)        The Board shall issue an instructor's license to an applicant when the Board determines that the applicant has met all qualifications for licensure as a laser hair practitioner instructor and has submitted the required fee.

"§ 86B‑17.  Temporary employment permit; extensions; limits on practice.

(a)        The Board shall issue a temporary employment permit to an applicant seeking licensure pursuant to this Chapter who meets all of the following:

(1)        Has completed the required hours of a cosmetic art school, electrolysis school, or laser hair practitioner school curriculum in the area in which the applicant wishes to be licensed.

(2)        Has applied to take the examination within three months of completing the required hours for the area in which the applicant wishes to be licensed.

(3)        Is qualified to take the examination and has paid the examination fee.

(b)        A temporary employment permit shall expire six months from the date of graduation from a cosmetic art school, electrolysis school, or laser hair practitioner school unless it is revoked or suspended by the Board. The Board may renew a temporary employment permit no more than once, except in cases of undue hardship as the Board may determine. A renewed temporary employment permit shall remain valid only until the date of the next succeeding Board examination of applicants for the area in which the applicant wishes to be licensed.

(c)        The holder of a temporary employment permit may practice only under the direct supervision of a cosmetologist, manicurist, natural hair care specialist, or esthetician; or the supervision of an electrologist or laser hair practitioner, as appropriate, and may not operate a cosmetic art shop, or an electrologist or laser hair practitioner office.

(d)       The Board may grant a temporary employment permit to one whose license has been expired for more than five years in this State, provided application for examination to restore has been filed and fee paid. The permit is valid only until the date of the next succeeding Board examination of applicants for the area in which the applicant wishes to be licensed, except in cases of undue hardship as the Board may determine, unless it is revoked or suspended earlier by the Board.

(e)        The Board may grant a temporary employment permit to persons licensed in another state who come to this State for the purpose of teaching or demonstrating their skills. The Board shall also inspect and approve the area where the demonstration is to be given if it is not an already approved shop, office, or school. This permit shall be limited to the specific days of demonstration and shall be of no validity before or after.

(f)        The Board may grant a temporary employment permit to persons licensed in another state and seeking permanent licensure in North Carolina under G.S. 86B‑18.

(g)        Notwithstanding the apprenticeship requirements in this Chapter, for graduates of a cosmetic art school that pass the practical and theory portions of the examination with a score of eighty‑five percent (85%) or higher, the Board shall grant a temporary permit upon payment of the fee authorized under G.S. 86B‑34. One year after receiving a temporary permit pursuant to this subsection, the permittee may apply for examination and certification to become registered pursuant to this Chapter. A temporary permit issued pursuant to this subsection remains valid until the first Board examination of applicants for certification is held that is more than one year after issuance of the temporary permit.

"§ 86B‑18.  Applicants licensed in other states.

(a)        The Board shall issue a license to an applicant licensed in another state if the applicant demonstrates all of the following:

(1)        The applicant is a licensed practitioner in good standing.

(2)        The applicant has practiced at least one of the three years immediately preceding the application for a license.

(3)        There is no disciplinary proceeding or unresolved complaint pending against the applicant at the time a license is to be issued by this State.

(4)        The licensure requirements in the state in which the applicant is licensed are substantially equivalent to those required by this State.

(b)        Instead of meeting the requirements in subsection (a) of this section, any applicant who is licensed as a cosmetologist, esthetician, natural hair care specialist, manicurist, electrologist, or laser hair practitioner in another state shall be admitted to practice in this State under the same reciprocity or comity provisions that the state in which the applicant is licensed grants to persons licensed in this State.

(c)        The Board may establish standards for issuing a license to an applicant who is licensed as a teacher in another state. These standards shall include a requirement that the licensure requirements in the state in which the teacher is licensed shall be substantially equivalent to those required in this State and that the applicant shall be licensed by the Board to practice in the area in which the applicant is licensed to teach.

"§ 86B‑19.  Licensing of cosmetic art shops.

(a)        The Board shall issue a license to operate a cosmetic art shop to any applicant who submits a properly completed application on a form approved by the Board, pays the required fee, and is determined, after inspection, to be in compliance with the provisions of this Chapter and the Board's rules. The Board may renew licenses that have lapsed after the cosmetic art shop has been inspected and all renewal and late fees have been paid.

(b)        The applicant shall list all licensees who practice in the cosmetic art shop and shall identify each as an employee or a booth renter. A license to operate a cosmetic art shop is not transferable from one location to another or from one owner to another.

(c)        A cosmetic art shop is allowed to operate for a period of 30 days while the Board inspects and determines the shop's compliance with this Chapter and the Board's rules. If the Board is unable to complete the inspection within 30 days, the shop is authorized to operate until such an inspection can be completed.

(d)       A licensed cosmetic art shop is not permitted to operate in a location licensed as a cosmetic art school.

"§ 86B‑20.  Practice outside cosmetic art shops.

Notwithstanding any provision in this Chapter to the contrary, an individual licensed under this Chapter may visit the residences of individuals who are sick or disabled and confined to their places of residence in order to attend to their cosmetic needs. A licensed individual may also visit hospitals, nursing homes, rest homes, retirement homes, mental institutions, correctional facilities, funeral homes, and similar institutions to attend to the cosmetic needs of those in these institutions.

"§ 86B‑21.  Licensing and regulation of cosmetic art schools.

(a)        The Board shall issue a license to any cosmetic art school that submits a properly completed application on a form approved by the Board, pays the required license fee, and is determined by the Board, after inspection, to be in compliance with the provisions of this Chapter and the Board's rules. The Board may renew licenses that have lapsed after the cosmetic art school has been inspected and all renewal and late fees have been paid.

(b)        No person may open, reopen, or operate a cosmetic art school before the Board has approved a license for the school. The Board shall not issue a license before a cosmetic art school has been inspected and determined to be in compliance with the provisions of this Chapter and the Board's rules.

(c)        Cosmetic art schools located in this State shall be licensed by the Board before any credit may be given for curriculum hours taken in the school. The Board may establish standards for approving hours from schools in other states that are licensed.

(d)       A licensed cosmetic art school shall not be permitted to operate in a location licensed as a cosmetic art shop.

"§ 86B‑22.  Bond required for private cosmetic art schools.

(a)        Each private cosmetic art school shall provide a guaranty bond unless the school has already provided a bond or an alternative to a bond under G.S. 115D‑95. The Board may restrict, suspend, revoke, or refuse to renew or reinstate the license of a school that fails to maintain a bond or an alternative to a bond pursuant to this section or G.S. 115D‑95. A school shall provide a copy of the bond letter or other guarantee authorized by this section to the Board.

(b)        A guarantee bond obtained pursuant to this section, shall meet all of the following criteria:

(1)        The applicant shall file the guaranty bond with the clerk of superior court in the county in which the school is located. The bond shall be in favor of the students. The bond shall be executed by the applicant as principal and by a bonding company authorized to do business in this State. The bond shall be conditioned to provide indemnification to any student or the student's parent or guardian who has suffered loss of tuition or any fees by reason of the failure of the school to offer or complete student instruction, academic services, or other goods and services as related to course enrollment for any reason, including suspension, revocation, or nonrenewal of a school's approval, bankruptcy, foreclosure, or the school's ceasing to operate.

(2)        The bond amount shall be at least equal to the maximum amount of prepaid tuition held at any time by the school during the last fiscal year but in no case shall be less than ten thousand dollars ($10,000). Each application for license or license renewal shall include a letter signed by an authorized representative of the school showing the calculations made and the method of computing the amount of the bond in accordance with rules prescribed by the Board. If the Board finds that the calculations made and the method of computing the amount of the bond are inaccurate or that the amount of the bond is otherwise inadequate to provide indemnification under the terms of the bond, the Board may require the applicant to provide an additional bond.

(3)        The bond shall remain in force and effect until canceled by the guarantor. The guarantor may cancel the bond upon 30 days' notice to the Board. Cancellation of the bond shall not affect any liability incurred or accrued prior to the termination of the notice period.

(c)        An applicant who is unable to secure a bond may seek from the Board a waiver of the guaranty bond requirement and approval of one of the guaranty bond alternatives set forth in this subsection. With the approval of the Board, an applicant may file one of the following instead of a bond with the clerk of court in the county in which the school is located:

(1)        An assignment of a savings account in an amount equal to the bond required that is in a form acceptable to the Board and is executed by the applicant and a state or federal savings and loan association, state bank, or national bank that is doing business in this State and whose accounts are insured by a federal depositor's corporation, and access to the account is subject to the same conditions as those for a bond in subsection (b) of this section.

(2)        A certificate of deposit that is executed by a state or federal savings and loan association, state bank, or national bank that is doing business in this State and whose accounts are insured by a federal depositor's corporation and access to the certificate of deposit is subject to the same conditions as those for a bond in subsection (b) of this section.

"§ 86B‑23.  Requirements for certification as a Board approved school of electrology.

(a)        Any school in this State or another state that desires to be certified as a Board‑approved school of electrology shall do all of the following:

(1)        Submit an application on a form approved by the Board.

(2)        Submit a detailed projected floor plan of the institutional area demonstrating adequate school facilities to accommodate students for purposes of lectures, classroom instruction, and practical demonstration.

(3)        Submit a detailed list of the equipment to be used by the students in the practical course of their studies.

(4)        Submit a copy of the planned electrology curriculum consisting of the number of hours and subject matter determined by the Board, provided that the number of hours required shall not be less than 120 hours and not more than 600 hours.

(5)        Submit a certified copy of the school manual of instruction.

(6)        Submit the names and qualifications of the instructors certified in accordance with G.S. 86B‑15.

(7)        Submit any additional information the Board may require.

(b)        When the Board determines that an applicant has met all the qualifications for certification as a Board‑approved school of electrology and has submitted the required fee, the Board shall issue a certificate to the applicant.

(c)        A school's certification is only valid for the location named in the application. When a school desires to change locations, an application shall be submitted to the Board on a form furnished by the Board and the fee shall be paid for certificate renewal.

(d)       A school's certification is not transferrable. Schools must immediately notify the Board in writing of any sale, transfer, or change in ownership or management.

(e)        Every school shall display its certification in a manner prescribed by the Board.

(f)        All epilators used in the school must be approved by the federal Food and Drug Administration.

"§ 86B‑24.  Requirements for certification as a Board‑approved school of laser, light source, or pulsed‑light treatments.

(a)        Any school in this State or another state that desires to be certified as a Board‑approved school of laser, light source, or pulsed‑light treatments shall do all of the following:

(1)        Submit an application on a form approved by the Board.

(2)        Submit a detailed projected floor plan of the institutional area demonstrating adequate school facilities to accommodate students for purposes of lectures, classroom instruction, and practical demonstration.

(3)        Submit a detailed list of the equipment to be used by the students in the practical course of their studies.

(4)        Submit a copy of the planned laser, light source, or pulsed‑light curriculum consisting of the number of hours and subject matter determined by the Board, provided that the number of hours required shall not be less than 30 hours pursuant to rules adopted by the Board.

(5)        Submit a certified copy of the school manual of instruction.

(6)        Submit the names and qualifications of the instructors certified.

(7)        Submit any additional information the Board may require.

(b)        When the Board determines that an applicant has met all the qualifications for certification as a Board‑approved school of laser, light source, or pulsed‑light treatments and has submitted the required fee, the Board shall issue a certificate to the applicant.

(c)        A school's certification is only valid for the location named in the application. When a school desires to change locations, an application shall be submitted to the Board on a form furnished by the Board, and the fee shall be paid for certificate renewal.

(d)       A school's certification is not transferable. Schools shall immediately notify the Board in writing of any sale, transfer, or change in ownership or management.

(e)        Every school shall display its certification in a manner prescribed by the Board.

(f)        All laser, light source, or pulsed‑light devices used in the school shall be approved by the federal Food and Drug Administration.

"§ 86B‑25.  Examinations.

(a)        The Board shall conduct examinations of applicants for licensure under this Chapter not less than four times each year and examinations shall be given in at least three locations in the State that are geographically scattered. Each examination shall have both a practical and a written portion. The examinations shall be administered in Board‑approved facilities.

(b)        An applicant shall make application and submit the examination fee to the Board for examination on forms prepared by the Board. Applications for examination must be filed no later than 30 days before the examination is held. An applicant for a licensure who fails to pass the examination three times may not reapply to take the examination again until after the applicant has successfully completed any additional requirements prescribed by the Board. The Board may establish additional guidelines related to the examination of persons who completed coursework greater than five years prior to submitting an application for examination.

"§ 86B‑26.  Sanitary rules and regulations; inspections.

(a)        The Board shall adopt rules establishing sanitary rules applicable to licensees under this Chapter for the following categories:

(1)        The provision of proper facilities, to include the following conditions:

a.         The location and construction of buildings and structures where cosmetic art, electrolysis, or laser, light source, or pulsed‑light treatment service is rendered.

b.         The layout of areas where cosmetic art, electrolysis, or laser, light source, or pulsed‑light treatment service is rendered or where a combination of cosmetic art, electrolysis, and laser, light source, and pulsed‑light treatment service is rendered to ensure proper separation of functions.

c.         The minimum sanitary conditions for walls, floors, and fixtures, including tanks and lavatories.

d.         The provision and location of sinks and running water, hot and cold, to enable proper handwashing and the provision of proper drainage for the facility.

e.         The compliance with applicable building and fire codes and regulations.

(2)        The use of equipment, material, and instruments, to include the following conditions:

a.         The standards for use, storage, cleaning, and sterilization of combs, hairbrushes, lather brushes, mugs, razors, tweezers, combs, and contact cups or pads.

b.         The standards for construction, sanitary preparation, and cleanup of chairs, receptacles, workstations, and other surfaces.

c.         The standards for storing, providing, handling, and laundering clean towels or linens for each patron.

d.         The standards for proper use and cleaning of hair cloths and other protective material to prevent the hair cloth from touching the skin of the patron.

e.         The standards for proper hygiene and handwashing prior to contact with each patron.

f.          The standards for serving patrons with an infectious or communicable disease.

g.         The standards for obtaining appropriate health certification for shampooing.

(b)        The Board shall adopt rules (i) prohibiting the use of commercial chemicals of unknown content by persons licensed under this Chapter and (ii) instructing persons registered under this Chapter in the proper use and application of commercial chemicals where no manufacturer's instructions are included. For purposes of this subsection, "commercial chemicals" are those products sold only through beauty supply houses and not available to the general public.

(c)        Electrolysis shall be practiced by a licensed person only in a permanent establishment, referred to in this Chapter as an office. The Board shall adopt reasonable rules and regulations concerning the sanitation standards, equipment, and supplies to be used and observed in offices.

(d)       All schools and facilities where cosmetic art, electrolysis, or laser, light source, or pulsed‑light treatment service is rendered shall be open for inspection at all times during business hours to any members of the Board or its agents or assistants to determine compliance with the provisions of this Chapter. Initial inspections conducted by the Board pursuant to this Chapter shall not be delayed if the sole reason for delay is the lack of a certificate of occupancy by a unit of local government. The Board shall furnish a copy of the sanitary rules set out in this section to the owner or manager of each school, facility, or any other place where cosmetic art, electrolysis, or laser, light source, or pulsed‑light treatment service is rendered in the State, and it shall be posted in a conspicuous place.

"§ 86B‑27.  Renewal requirements; expired licenses; inactive status.

(a)        Each license issued pursuant to this Chapter shall be renewed as follows:

(1)        Cosmetic art shops. – Each license to operate a cosmetic art shop shall be renewed on or before February 1 of each year. A late fee shall be charged for renewals after that date. Any license not renewed by March 1 of each year shall expire. A cosmetic art shop whose license has been expired for one year or less shall have the license reinstated immediately upon payment of the reinstatement fee, the late fee, and all unpaid license fees. The licensee shall submit to the Board, as a part of the renewal process, a list of all licensed cosmetologists who practice cosmetic art in the shop and shall identify each as an employee or a booth renter.

(2)        Cosmetologists. – Each cosmetology license shall be renewed every three years on or before October 1. A late fee shall be charged for renewals after that date. Any license not renewed shall expire on October 1 of the year that renewal is required. The Board may develop and implement a plan for staggered license renewal and may prorate license fees to implement such a plan.

(3)        Cosmetology apprentices, estheticians, natural hair care specialists, and manicurists. – Each cosmetology apprentice, esthetician, natural hair care specialist, and manicurist license shall be renewed on or before October 1 of each year. A late fee shall be charged for renewals after that date. Any license not renewed by October 1 of each year shall expire.

(4)        Cosmetology teachers. – Each cosmetology teacher license shall be renewed every two years on or before October 1. A late fee shall be charged for renewals after that date. Any license not renewed by October 1 of each year shall expire.

(5)        Cosmetic art schools. – Each cosmetic art school license shall be renewed on or before October 1 of each year. A late fee shall be charged for renewals after that date. Any license not renewed by November 1 of each year shall expire. A cosmetic art school whose license has been expired for one year or less shall have its license reinstated upon payment of the reinstatement fee, the late fee, and all unpaid license fees.

(6)        Electrologists and laser hair practitioners. – Every electrologist license or laser hair practitioner license issued pursuant to this Chapter must be renewed annually. On or before the date the current license expires, a person who desires to continue to practice electrology or as a laser hair practitioner shall apply for license renewal to the Board on forms approved by the Board, provide evidence of the successful completion of a continuing educational program approved by the Board, meet the criteria for renewal established by the Board, and pay the required fee. The Board may provide for the late renewal of licensure upon payment of a late fee as set by the Board, but late renewal may not be granted more than 90 days after expiration of the license.  Any person who has failed to renew his or her license for more than 90 days after expiration may have it reinstated by applying to the Board for reinstatement on a form approved by the Board, furnishing a statement of the reason for failure to apply for renewal prior to the deadline, and paying the required fee. The Board may require evidence of competency to resume practice before reinstating the applicant's license.

(7)        Schools of electrology and schools of laser, light source, and pulsed‑light treatments. – Every certificate for a school of electrology or a school of laser, light source, and pulsed‑light treatment shall be renewed annually. On or before the date the current certificate expires, the applicant must submit an application for renewal of certification on a form approved by the Board, meet criteria for renewal established by the Board, and pay the required fee. Failure to renew the certificate within 90 days after the expiration date results in automatic forfeiture of any certification issued pursuant to this Chapter.

(8)        Electrology or laser hair practitioner instructors. – An electrology or laser hair practitioner instructor's license shall be renewed annually. On or before the date the current license expires, the applicant must submit an application for renewal of licensure on a form approved by the Board, meet criteria for renewal established by the Board, and pay the required fee. Any person whose instructor's license has expired for a period of three years or more is required to take and pass the instructor's examination before the license can be renewed.

(b)        The Board may charge renewal and late fees pursuant to G.S. 86B‑34 and G.S. 86B‑35 and may establish rules for continuing education requirements for licensees under this Chapter seeking renewal; provided, however, that no member of the Board may offer continuing education courses. The Board may also establish rules requiring the submission of a health certificate on a form to be provided by the Board.

(c)        If a licensee under this Chapter fails to renew their license within five years following the expiration date, the licensee is required to pass an examination as prescribed by the Board before the license is reinstated; provided, however, that no apprenticeship requirement is required.

(d)       Upon request by a licensee for inactive status, the Board may place the licensee's name on the inactive list so long as the licensee is in good standing with the Board. An inactive licensee is not required to complete continuing education requirements. An inactive licensee shall not practice within their licensed trade for consideration. However, the inactive licensee may continue to purchase supplies as accorded an active licensee. When the inactive licensee desires to be removed from the inactive list and return to active practice, the inactive licensee shall notify the Board of the desire to return to active status and pay the required fee as determined by the Board. As a condition of returning to active status, the Board may require the licensee to complete continuing education pursuant to subsection (b) of this section.

(e)        All persons serving in the Armed Forces of the United States and persons whose licenses as a cosmetologist, electrologist, or laser hair practitioner were in force one year prior to entering service may, without taking the required examination, renew their licensure within 90 days after receiving a discharge under honorable conditions by paying the current annual license fee and furnishing the Board with any necessary additional information or documentation.

"§ 86B‑28.  Revocation of licenses and other disciplinary measures.

(a)        The Board may restrict, suspend, revoke, or refuse to issue, renew, or reinstate any license for any of the following:

(1)        Gross malpractice or gross incompetency as determined by the Board.

(2)        Advertising by means of knowingly false or deceptive statements.

(3)        Practicing or permitting any individual under one's employ to practice cosmetic art, electrolysis, or laser, light source, or pulsed‑light treatment without a license or temporary employment permit, with an expired license or temporary employment permit, or with an invalid license or temporary employment permit.

(4)        Obtaining or attempting to obtain a license for money or other thing of value other than the required fee or by fraudulent misrepresentation.

(5)        Practicing or attempting to practice by fraudulent misrepresentation.

(6)        Willful failure to display a certificate of license as required by this Chapter.

(7)        Continued practice by a person knowingly having an infectious or contagious disease after being warned in writing by the Board to cease practice.

(8)        Continued violation of any one or more of the sanitary rules and regulations established by the Board or by statute.

(9)        Willful violation of the rules adopted by the Board.

(b)        The Board may also restrict, suspend, revoke, or refuse to issue, renew, or reinstate any license upon conviction of a felony shown by certified copy of the record of the court of conviction. Prior to taking action against a licensee for a felony conviction, the Board shall consider all of the following factors regarding the conviction:

(1)        The level of seriousness of the crime.

(2)        The date of the crime.

(3)        The age of the person at the time of conviction.

(4)        The circumstances surrounding the commission of the crime, if known.

(5)        The nexus between the criminal conduct of the person and the duties of the licensee.

(6)        The person's prison, jail, probation, parole, rehabilitation, and employment records since the date the crime was committed.

(c)        The Board may not restrict, suspend, revoke, or refuse to issue, renew, or reinstate a license except in accordance with its rules and the provisions of Chapter 150B of the General Statutes.

(d)       The Board shall keep a record of its proceedings relating to the issuance, renewal, denial, restriction, suspension, and revocation of licenses. This record shall also contain each licensee's name, business and home addresses, license number, and the date the license was issued.

"§ 86B‑29.  Misdemeanors.

Each of the following acts constitutes a Class 3 misdemeanor:

(1)        Violation of any of the provisions of G.S. 86B‑30.

(2)        Violation of any of the provisions described in subdivisions (3) through (6) of G.S. 86B‑28(a).

"§ 86B‑30.  Licenses required.

(a)        Except as provided in this Chapter, no person may practice or attempt to practice cosmetic art, electrolysis, or laser, light source, or pulsed‑light treatments for pay or reward in any form, either directly or indirectly, without being licensed by the Board pursuant to this Chapter. An individual licensed by the Board for a particular specialty may practice only that part of cosmetic art, electrolysis, or laser, light source, or pulsed‑light treatments for which the individual is licensed.

(b)        Except as provided in this Chapter, no person may open or operate a cosmetic art shop or electrologist or laser hair practitioner office or practice cosmetic art, electrolysis, or laser, light source, or pulsed‑light treatments in any form, for pay or reward in any form, either directly or indirectly, outside of a facility licensed by the Board pursuant to this Chapter.

(c)        No person may teach cosmetic art, electrolysis, or laser, light source, or pulsed‑light treatments in a Board‑approved school unless the person is a teacher licensed pursuant to this Chapter. A guest lecturer may be exempt from the requirements of this subsection upon approval by the Board.

(d)       An apprentice licensed under the provisions of this Chapter shall apprentice under the direct supervision of a licensed cosmetologist or the supervision of an electrologist or laser hair practitioner, as appropriate. An apprentice shall not operate a cosmetic art shop or an electrologist or laser hair practitioner office.

(e)        Nothing in this Chapter shall be construed to prohibit a member of a family from practicing cosmetic art, electrolysis, or laser, light source, or pulsed‑light treatments on a family member. For purposes of this subsection, a "family member" means a spouse, brother, sister, parent, grandparent, child, grandchild, mother‑in‑law, father‑in‑law, daughter‑in‑law, son‑in‑law, stepparent, or stepchild.

(f)        Every person licensed under this Chapter shall display the license issued by the Board in the location in which the person works. Every license to operate a cosmetic art shop, electrologist or laser hair practitioner office, cosmetic school, or electrologist or laser hair practitioner school shall be conspicuously posted in the location for which it is issued.

"§ 86B‑31.  Enjoining illegal practices.

The Board, the Department of Health and Human Services, or any county or district health director may apply to the superior court for an injunction to restrain any person from violating the provisions of this Chapter or the Board's rules. Actions under this section shall be brought in the county where the defendant resides or maintains the defendant's principal place of business or where the alleged acts occurred.

"§ 86B‑32.  Civil penalties; disciplinary costs.

(a)        The Board may assess a civil penalty not in excess of five hundred dollars ($500.00) per offense for the violation of any section of this Chapter or the violation of any rules adopted by the Board. The clear proceeds of any civil penalty assessed under this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.

(b)        Before imposing and assessing a civil penalty, the Board shall consider the following factors:

(1)        The nature, gravity, and persistence of the particular violation.

(2)        The appropriateness of the imposition of a civil penalty when considered alone or in combination with other punishment.

(3)        Whether the violation was willful and malicious.

(4)        Any other factors that would tend to mitigate or aggravate the violations found to exist.

(c)        The Board shall establish a schedule of civil penalties for violations of this Chapter and rules adopted by the Board.

"§ 86B‑33.  Persons exempt from the provisions of this Chapter.

(a)        The following persons and those working under their supervision or direct supervision are exempt from the cosmetic art provisions of this Chapter while engaged in the proper discharge of their duties:

(1)        Persons licensed to practice funeral service pursuant to Article 13A of Chapter 90 of the General Statutes.

(2)        Persons authorized to practice medicine or surgery under Chapter 90 of the General Statutes.

(3)        Nurses licensed under Chapter 90 of the General Statutes.

(4)        Commissioned medical or surgical officers of the United States Army, Air Force, Navy, Marine, or Coast Guard.

(5)        A person employed in a cosmetic art shop to shampoo hair.

(b)        The following persons are permitted to practice electrology without a license:

(1)        Any physician licensed in accordance with Article 1 and Article 11 of Chapter 90 of the General Statutes.

(2)        A student at an approved school of electrology when electrolysis is performed in the course of study.

(3)        A person demonstrating on behalf of a manufacturer or distributor any electrolysis equipment or supplies, if such demonstration is performed without charge.

(4)        An employee of a hospital licensed under Chapter 131E of the General Statutes and working under the supervision of a physician licensed under Article 1 of Chapter 90 of the General Statutes who is certified by the American Board of Dermatology.

(c)        The electrology and laser, light source, and pulsed‑light treatment requirements of this Chapter do not apply to any person licensed or approved by the North Carolina Medical Board to practice medicine or perform medical acts, tasks, or functions pursuant to Article 1 of Chapter 90 of the General Statutes or any person employed and working under the direct supervision of a physician licensed to practice medicine pursuant to Article 1 of Chapter 90 of the General Statutes.

"§ 86B‑34.  Fees required for cosmetic art.

(a)        The Board may charge the applicant the actual cost of preparation, administration, and grading of examinations in addition to its other fees.

(b)        The Board may charge application fees not to exceed the following:

(1)        Inspection of a newly established cosmetic art shop............................ $25.00

(2)        Reciprocity or certification applicant.................................................... $25.00

(c)        The Board may charge license fees not to exceed the following:

(1)        Cosmetologist............................................................. $39.00 every three years

(2)        Cosmetic art apprentice............................................................ $10.00 per year

(3)        Esthetician, manicurist, or natural hair care specialist.............. $10.00 per year

(4)        Cosmetic art shop per active booth............................................ $3.00 per year

(5)        Cosmetic art school.................................................................. $50.00 per year

(6)        Cosmetic art school teacher......................................... $10.00 every two years

(7)        Temporary permit................................................................................... $25.00

(8)        Duplicate license.................................................................................... $10.00

(d)       The Board may require payment of late fees and reinstatement fees not to exceed the following:

(1)....... Cosmetic apprentice, cosmetologist, esthetician, manicurist,

            natural hair care specialist, or teacher late renewal............................... $10.00

(2)        Cosmetic art schools and shops late renewal........................................ $10.00

(3)        Cosmetic art schools and shops reinstatement...................................... $25.00

(e)        The Board may prorate fees as appropriate and may assess reasonable charges for certified copies of public documents and for duplication of other material.

(f)        The Board may by rule waive or reduce license and renewal fees for licensees age 70 or older.

"§ 86B‑35.  Fees required for electrolysis and laser, light source, and pulsed‑light treatment.

All fees may be calculated by the Board in amounts sufficient to pay the costs of administration of this Article related to electrolysis and laser, light source, and pulsed‑light treatment, but in no event may they exceed the following:

(1)        Application for licensure as an electrologist....................................... $150.00

(2)        Initial license......................................................................................... 150.00

(3)        Examination or reexamination.............................................................. 125.00

(4)        Licensure of electrology renewal.......................................................... 150.00

(5)        Application for licensure as an electrology

            instructor............................................................................................... 150.00

(6)        Licensure of electrology instructor renewal.......................................... 150.00

(7)        Application for certification as a

            Board‑approved school of electrology................................................. 500.00

(8)        Application for licensure as laser hair practitioner................................ 150.00

(9)        Licensure of laser hair practitioner renewal.......................................... 150.00

(10)      Application for licensure as laser hair practitioner instructor............... 150.00

(11)      Licensure of laser hair practitioner instructor renewal.......................... 150.00

(12)      Application for certification as a Board‑approved school of

            laser, light source, or pulsed‑light treatments....................................... 500.00

(13)      Certificate of Board‑approved school of laser, light source,

            or pulsed‑light renewal......................................................................... 400.00

(14)      Certificate of Board‑approved school of

            electrology renewal............................................................................... 250.00

(15)      Certification of out‑of‑state schools..................................................... 150.00

(16)      Certification of out‑of‑state schools renewal....................................... 100.00

(17)      Office inspection or reinspection ......................................................... 100.00

(18)      License by reciprocity........................................................................... 150.00

(19)      Late renewal charge.............................................................................. 125.00

(20)      Reinstatement of expired license or certification................................. 250.00

(21)      Reactivation of license......................................................................... 200.00

(22)      Duplicate license or certification............................................................ 25.00."

SECTION 3.  Notwithstanding G.S. 86B‑3, as enacted by Section 2 of this act, the initial appointments to the North Carolina Board of Cosmetic Art and Electrolysis Examiners are as follows:

(1)        Of the initial appointees of the Governor, the appointee who is an electrologist or laser hair practitioner shall serve a two‑year term, one appointee who is a member of the public shall serve a one‑year term, and the other appointee shall serve a three‑year term.

(2)        Of the initial appointees of the General Assembly, upon recommendation of the President Pro Tempore of the Senate, the appointee who is a cosmetologist shall serve a term of two years and the appointee who is an electrologist shall serve a one‑year term.

(3)        Of the initial appointees of the General Assembly, upon recommendation of the Speaker of the House of Representatives, the appointee who is a cosmetology teacher shall serve a term of two years and the appointee who is a cosmetologist shall serve a term of one year.

The initial appointments required by G.S. 86B‑3, as enacted by Section 2 of this act, shall be made on or before October 1, 2017, and the initial terms of the appointees shall begin on January 1, 2018.

SECTION 4.(a)  The North Carolina Board of Cosmetic Art and Electrolysis Examiners, established by Section 2 of this act, shall review the licensing fee limitations, established by Section 2 of this act, and the fees adopted by rule by the North Carolina Board of Cosmetic Art Examiners and the North Carolina Board of Electrolysis Examiners and determine whether the fee limitations and fees should be reduced to reflect savings and efficiencies generated by the consolidation of the Boards. No later than March 1, 2018, the North Carolina Board of Cosmetic Art and Electrolysis Examiners shall report its findings and recommendations to the Joint Legislative Administrative Procedure Oversight Committee.

SECTION 4.(b)  The North Carolina Board of Cosmetic Art and Electrolysis Examiners, established by Section 2 of this act, shall review the licenses established by Section 2 of this act and determine whether certain licenses could be consolidated or eliminated as a result of the consolidation of the North Carolina Board of Cosmetic Art Examiners and the North Carolina Board of Electrolysis Examiners. No later than March 1, 2018, the North Carolina Board of Cosmetic Art and Electrolysis Examiners shall report its findings and recommendations to the Joint Legislative Administrative Procedure Oversight Committee.

SECTION 5.(a)  Section 3 of this act is effective when it becomes law. The remainder of this act becomes effective January 1, 2018, and applies to applications for licensure, examination, and renewal submitted on or after that date.

SECTION 5.(b)  Licenses and registrations issued by the North Carolina Board of Cosmetic Art Examiners and the North Carolina Board of Electrolysis Examiners, prior to the effective date of this act, shall remain in full force and confer the same authority as when they were issued until those licenses and registrations expire or are revoked.

SECTION 5.(c)  All property and assets owned by the North Carolina Board of Cosmetic Art Examiners and the North Carolina Board of Electrolysis Examiners shall be vested in and transferred to the North Carolina Board of Cosmetic Art and Electrolysis Examiners.

SECTION 5.(d)  Any litigation, disciplinary action, or other proceeding pending as of the effective date of this act, in the name of or against the North Carolina Board of Cosmetic Art Examiners or the North Carolina Board of Electrolysis Examiners, shall continue in the name of the North Carolina Board of Cosmetic Art and Electrolysis Examiners.

SECTION 5.(e)  The Department of State Treasurer shall hold funds received in the name of the North Carolina Board of Cosmetic Art and Electrolysis Examiners separate from the funds received in the name of the North Carolina Board of Cosmetic Art Examiners or the North Carolina Board of Electrolysis Examiners prior to the effective date of this act.

SECTION 5.(f)  Rules adopted by the North Carolina Board of Cosmetic Art Examiners and the North Carolina Board of Electrolysis Examiners shall remain in effect as provided in G.S. 150B‑21.7.