CHAPTER 3. STATE BOARD OF COSMETOLOGY EXAMINERS
IC 25-8-3
Chapter 3. State Board of Cosmetology Examiners
IC 25-8-3-1
Establishment
Sec. 1. The state board of cosmetology and barber examiners isestablished.
As added by P.L.257-1987, SEC.2. Amended by P.L.84-2010,SEC.29.
IC 25-8-3-2
Members; appointment
Sec. 2. The board consists of seven (7) members. The governorshall appoint all the members of the board.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-3
Repealed
(Repealed by P.L.84-2010, SEC.102.)
IC 25-8-3-4
Repealed
(Repealed by P.L.84-2010, SEC.102.)
IC 25-8-3-5
Board membership qualifications
Sec. 5. (a) Each of the members of the board must reside inIndiana.
(b) The members of the board must meet the followingqualifications:
(1) Two (2) of the members must:
(A) possess a current cosmetologist license; and
(B) have practiced cosmetology in Indiana continuously forat least five (5) years immediately before appointment.
(2) Two (2) of the members of the board must:
(A) possess a current barber license; and
(B) have practiced barbering in Indiana continuously for atleast five (5) years immediately before appointment.
(3) One (1) of the members must be an owner or operator of abarber or cosmetology school. However, the member may notbe a licensed barber or cosmetologist.
(4) One (1) of the members must be licensed as an electrologist,an esthetician, or a manicurist.
(5) One (1) of the members must not have any association withcosmetology or barbering, except as a consumer.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991,SEC.6; P.L.84-2010, SEC.30.
IC 25-8-3-6
Board member political affiliation Sec. 6. No more than five (5) members of the board may belongto the same political party.
As added by P.L.257-1987, SEC.2. Amended by P.L.84-2010,SEC.31.
IC 25-8-3-7
Term of office
Sec. 7. Each board member serves a term of three (3) years,beginning on the date of appointment and continuing until:
(1) the member is removed under section 8 of this chapter; or
(2) a successor is appointed.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-8
Removal; grounds
Sec. 8. The governor may remove a board member forincompetency or failure to perform the member's duties under thischapter.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-9
Appointment of successor
Sec. 9. If a member of the board is removed under section 8 ofthis chapter, the governor shall appoint a successor to serve for theremainder of the unexpired term.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-10
Election of officers
Sec. 10. The board shall, at its first meeting of each year, elect apresident, vice president, and secretary from among its membership.Election of an officer under this section requires a majority vote ofall the members of the board.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-11
Officers; terms of office
Sec. 11. The officers elected under section 10 of this chapter haveterms of one (1) year, beginning upon election and ending upon theelection of a successor.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-12
Officers; vacancy
Sec. 12. If an office described in section 10 of this chapterbecomes vacant, the board may fill the vacancy at its next meetingfollowing the vacancy.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-13 Quorum
Sec. 13. The board must have a quorum to transact business. Four(4) members of the board constitute a quorum.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-14
Business office
Sec. 14. The agency shall furnish the board with suitable quartersto conduct its business.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-15
Seal
Sec. 15. The board shall adopt a seal to authenticate its orders andrecords.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-16
Records
Sec. 16. The agency shall maintain a record of:
(1) the proceedings of the board;
(2) each person licensed under this article, stating the:
(A) name of the person; and
(B) address of the person;
(3) licenses issued under this article, stating the:
(A) number assigned to the license by the agency;
(B) date the license was issued; and
(C) actions taken by the board concerning the license,including any renewal, suspension, and revocation; and
(4) applications for a license under this article that wererefused.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991,SEC.7.
IC 25-8-3-17
Per diem and incurred expenses
Sec. 17. Each member of the board is entitled to the minimumsalary per diem provided by IC 4-10-11-2.1(b). Each member of theboard is entitled to reimbursement for traveling expenses and otherexpenses actually incurred in connection with the member's duties,as provided in the state travel policies and procedures established bythe department of administration and approved by the state budgetagency.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-18
Disposition of receipts
Sec. 18. All money received under this article shall be paid to theagency.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-19
Receipts; deposit
Sec. 19. The agency shall deposit all money received under thisarticle with the treasurer of state.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991,SEC.8.
IC 25-8-3-20
Repository of receipts
Sec. 20. The treasurer of state shall deposit the money receivedunder section 19 of this chapter in the state general fund.
As added by P.L.257-1987, SEC.2. Amended by P.L.1-1990,SEC.250.
IC 25-8-3-21
Administration expenses
Sec. 21. The agency shall pay for the expenses for administeringthis article from the state general fund under appropriationsdesignated for that purpose.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-22
Implementing rules
Sec. 22. The board may adopt rules under IC 4-22-2 to implementthis article.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-23
Rules prescribing sanitary requirements, establishing standards,implementing licensing system, and establishing requirements formobile salons
Sec. 23. (a) The board shall adopt rules under IC 4-22-2 to:
(1) prescribe sanitary requirements for:
(A) cosmetology salons;
(B) electrology salons;
(C) esthetic salons;
(D) manicuring salons;
(E) cosmetology schools;
(F) barber shops; and
(G) barber schools;
(2) establish standards for the practice of cosmetology and theoperation of:
(A) cosmetology salons;
(B) electrology salons;
(C) esthetic salons;
(D) manicuring salons;
(E) cosmetology schools;
(F) barber shops; and
(G) barber schools;
(3) implement the licensing system under this article and
provide for a staggered renewal system for licenses; and
(4) establish requirements for cosmetology school uniforms forstudents and instructors.
(b) The board may adopt rules under IC 4-22-2 to establish thefollowing for the practice of cosmetology, barbering, electrology,esthetics, or manicuring in a mobile salon:
(1) Sanitation standards.
(2) Safety requirements.
(3) Permanent address requirements at which the following arelocated:
(A) Records of appointments.
(B) License numbers of employees.
(C) If applicable, the vehicle identification number of thelicense holder's self-contained facility.
(4) Enforcement actions to ensure compliance with therequirements under this article and all local laws andordinances.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991,SEC.9; P.L.197-2007, SEC.30; P.L.84-2010, SEC.32.
IC 25-8-3-24
Enforcement personnel; compensation
Sec. 24. The agency shall provide inspectors, investigators, andclerks to enforce this article. The agency shall fix their compensationand reimburse them for their necessary expenses incurred inenforcing this article by payments from the state general fund underappropriations designated for that purpose.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-25
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-8-3-26
Sanitary rules given to licensees
Sec. 26. The board shall furnish each person licensed to operate:
(1) a cosmetology salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon;
(5) a cosmetology school;
(6) a barber shop; or
(7) a barber school;
with a copy of the rules concerning sanitary requirements describedin section 23(a)(1) of this chapter.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991,SEC.10; P.L.84-2010, SEC.33.
IC 25-8-3-27
Posting sanitary requirement rules in salon or school Sec. 27. A person operating:
(1) a cosmetology salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon;
(5) a cosmetology school;
(6) a barber shop; or
(7) a barber school;
shall post the rules described in section 26 of this chapter in aconspicuous place in that salon or school.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991,SEC.11; P.L.84-2010, SEC.34.
IC 25-8-3-28
Inspections
Sec. 28. (a) A member of the board or any inspector orinvestigator may inspect:
(1) a cosmetology salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon;
(5) a cosmetology school;
(6) a mobile salon;
(7) a barber shop; or
(8) a barber school;
during its regular business hours.
(b) A member of the board or any inspector or investigator mayinspect:
(1) a cosmetology salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon;
(5) a cosmetology school;
(6) a mobile salon;
(7) a barber shop; or
(8) a barber school;
before an initial license is issued.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991,SEC.12; P.L.157-2006, SEC.37; P.L.177-2009, SEC.24;P.L.84-2010, SEC.35.
IC 25-8-3-29
Equal treatment for persons with criminal records
Sec. 29. (a) The board may not adopt a rule establishing differentstandards for an inmate or former inmate of a penal institution whoapplies for:
(1) admission to barber school; or
(2) a license as a registered barber.
(b) A person who graduates from a barber school operated by apenal institution may not have the person's license denied or revoked
as a result of the acts for which the person was convicted.
As added by P.L.84-2010, SEC.36.