CHAPTER 4. COSMETOLOGY LICENSES; GENERAL PROVISIONS

IC 25-8-4
    Chapter 4. Cosmetology Licenses; General Provisions

IC 25-8-4-1
Exempt individuals
    Sec. 1. The provisions of this article requiring a person to obtaina license do not apply to a person performing cosmetology as a:
        (1) student in a barber school;
        (2) commissioned medical or surgical officer of the UnitedStates armed forces;
        (3) chiropractor (as defined by IC 25-10-1-1(2));
        (4) embalmer (as defined by IC 25-15-2-8);
        (5) funeral director (as defined by IC 25-15-2-12);
        (6) registered nurse (as defined by IC 25-23-1-1.1(a));
        (7) licensed practical nurse (as defined by IC 25-23-1-1.2);
        (8) physician (as defined by IC 25-22.5-1-1.1(g));
        (9) podiatrist (as defined by IC 25-29-1-13);
        (10) person conducting an educational activity involvingcosmetology at a scheduled meeting of an association that:
            (A) recognizes a group of its members as cosmetologists;and
            (B) is not open to persons who are not licensed under thischapter; or
        (11) student in a cosmetology school.
As added by P.L.257-1987, SEC.3. Amended by P.L.33-1993,SEC.17; P.L.236-1995, SEC.6; P.L.84-2010, SEC.37.

IC 25-8-4-2
License reciprocity
    Sec. 2. (a) If the board determines that:
        (1) a person possesses a valid license from another jurisdictionto perform acts that require a license under this article; and
        (2) the jurisdiction issuing the license imposes substantiallyequal requirements on applicants for the license as are imposedon applicants for an Indiana license;
the board may issue a license to perform those acts in Indiana to thatperson upon payment of the fee required under IC 25-8-13.
    (b) This subsection applies only to applications for acosmetologist license under IC 25-8-9. If the jurisdiction issuing thelicense does not impose substantially equal requirements foreducation hours as required under subsection (a)(2), the board mayapprove the combination of education hours plus actual licensedpractice in the other jurisdiction when issuing a license to a personfrom that jurisdiction. One (1) year of licensed practice is equal toone hundred (100) hours of education to an applicant who hascompleted a minimum of one thousand (1,000) hours of education.
    (c) This subsection applies only to applications for a manicuristlicense under IC 25-8-11. If the jurisdiction issuing a license does notimpose substantially equal requirements for education hours asrequired under subsection (a)(2), the board may approve the

combination of education hours plus actual licensed practice in theother jurisdiction when issuing a license to a person from thatjurisdiction, as follows:
        (1) For an applicant with less than twenty (20) years of actuallicensed practice as a manicurist, one (1) year of licensedpractice is equal to one hundred (100) hours of education to anapplicant who has completed at least three hundred (300) hoursof education.
        (2) For an applicant with twenty (20) or more years of actuallicensed practice as a manicurist, one (1) year of licensedpractice is equal to one hundred (100) hours of education to anapplicant who has completed at least one hundred (100) hoursof education.
    (d) This subsection applies only to applications for anelectrologist license under IC 25-8-10. If the jurisdiction issuing alicense does not impose substantially equal requirements foreducation hours as required under subsection (a)(2), the board mayapprove the combination of education hours plus actual licensedpractice in the other jurisdiction when issuing a license to a personfrom that jurisdiction. One (1) year of licensed practice as anelectrologist is equal to one hundred (100) hours of education to anapplicant who has completed at least two hundred (200) hours ofeducation.
    (e) This subsection applies only to applications for an estheticianlicense under IC 25-8-12.5. If the jurisdiction issuing a license doesnot impose substantially equal requirements for education hours asrequired under subsection (a)(2), the board may approve thecombination of education hours plus actual licensed practice in theother jurisdiction when issuing a license to a person from thatjurisdiction. One (1) year of licensed practice as an esthetician isequal to one hundred (100) hours of education to an applicant whohas completed at least four hundred (400) hours of education.
    (f) This subsection applies only to applications for a beautyculture instructor license under IC 25-8-6. If the jurisdiction issuinga license does not impose substantially equal requirements foreducation hours as required under subsection (a)(2), the board mayapprove the combination of education hours plus actual licensedpractice in the other jurisdiction when issuing a license to a personfrom that jurisdiction. One (1) year of licensed practice as a beautyculture instructor is equal to one hundred (100) hours of educationto an applicant who has completed at least seven hundred (700) hoursof education.
    (g) This subsection applies only to applications for a barberlicense under IC 25-8-12.1. If the jurisdiction issuing the license doesnot impose substantially equivalent requirements as required undersubsection (a)(2), the board may approve a combination of educationhours plus actual licensed practice in the other jurisdiction whenissuing a license to a person from that jurisdiction. One (1) year oflicensed practice is equal to one hundred (100) hours of education toan applicant who has completed at least one thousand (1,000) hours

of education.
As added by P.L.257-1987, SEC.3. Amended by P.L.184-1991,SEC.13; P.L.236-1995, SEC.7; P.L.84-1998, SEC.21; P.L.177-2009,SEC.25; P.L.84-2010, SEC.38.

IC 25-8-4-2.9
Provisional license; cosmetologist
    Sec. 2.9. (a) This section applies only to applications for acosmetologist license under this article.
    (b) If an applicant comes from a jurisdiction that does not issue acosmetologist license, the board may issue an initial provisionallicense to an applicant who meets the following requirements:
        (1) The board finds that the applicant has sufficient training orexperience as a cosmetologist.
        (2) The applicant has not committed an act that wouldconstitute a violation of the standards of practice underIC 25-1-11.
        (3) The applicant pays a fee established by the board underIC 25-1-8.
    (c) An applicant who has been granted an initial provisionallicense must work under the supervision of a licensed cosmetologist.
    (d) A person who holds an initial provisional license may applyfor renewal of a cosmetologist license under section 19 of thischapter.
    (e) The holder of a provisional license may petition the board forthe issuance of a cosmetologist license to practice withoutsupervision. The holder of a provisional license who demonstrates tothe board that the holder may satisfactorily practice withoutsupervision shall be released from the terms of the provisionallicense and is entitled to hold a license under IC 25-8-4.
As added by P.L.177-2009, SEC.26.

IC 25-8-4-3
Repealed
    (Repealed by P.L.236-1995, SEC.54.)

IC 25-8-4-4
Transfer of license
    Sec. 4. A license issued under this article may not be transferredunless:
        (1) the license is a cosmetology salon or barber shop license;and
        (2) the person holding the license was required to change thelocation of the cosmetology salon or barber shop bycircumstances that the board determines were beyond thecontrol of that person.
As added by P.L.257-1987, SEC.3. Amended by P.L.84-2010,SEC.39.

IC 25-8-4-5 Application
    Sec. 5. A person who wishes to obtain a license issued under thisarticle must complete a license application form prescribed by theboard and file the application with the secretary of the board.
As added by P.L.257-1987, SEC.3.

IC 25-8-4-6
Verified statement negating misconduct
    Sec. 6. The applicant must file with the application described insection 5 of this chapter a verified statement that the applicant hasnot engaged in activity which would subject the applicant todisciplinary procedures under IC 25-1-11.
As added by P.L.257-1987, SEC.3. Amended by P.L.214-1993,SEC.28.

IC 25-8-4-7
Examinations; time and place
    Sec. 7. (a) Each applicant must pass a final practicaldemonstration examination of the acts permitted by the license. Theapplicant's cosmetology school or barber school shall administer thefinal practical demonstration examination.
    (b) The board shall conduct a written examination of theapplicants for a cosmetologist license and a barber license at leastonce each month. The board shall conduct a written examination ofthe applicants for all other licenses issued under this article at leastfour (4) times each year. The written examinations described in thissection:
        (1) shall be conducted at the times and places determined by theboard; and
        (2) may be administered through computer based testing.
As added by P.L.257-1987, SEC.3. Amended by P.L.157-2006,SEC.38; P.L.84-2010, SEC.40.

IC 25-8-4-8
Subjects tested
    Sec. 8. The examinations described in section 7 of this chaptermust include:
        (1) a practical demonstration of the acts permitted by thelicense; and
        (2) a written test concerning the licensed activity, as it iscustomarily taught in a cosmetology school or barber school.
As added by P.L.257-1987, SEC.3. Amended by P.L.214-1993,SEC.29; P.L.84-2010, SEC.41.

IC 25-8-4-8.5
Repealed
    (Repealed by P.L.157-2006, SEC.76.)

IC 25-8-4-9
Issuance of license    Sec. 9. The board shall issue a license to an applicant who:
        (1) receives a minimum grade of seventy-five percent (75%) onboth the written and practical examinations described in section8 of this chapter; and
        (2) complies with the remaining requirements for a license setforth in this article.
As added by P.L.257-1987, SEC.3. Amended by P.L.214-1993,SEC.30.

IC 25-8-4-10
Change of licensee's address; notice
    Sec. 10. A person who holds a license issued under this articleshall inform the board of a change of address by submitting a writtenstatement that sets forth the current address of the person to theboard no later than thirty (30) days following the change.
As added by P.L.257-1987, SEC.3.

IC 25-8-4-11
School license sign; standards
    Sec. 11. A person who holds a cosmetology school license or abarber school license shall display a sign that complies withstandards prescribed by the board on the premises of thatestablishment indicating that the establishment is a cosmetologyschool or barber school licensed under this article.
As added by P.L.257-1987, SEC.3. Amended by P.L.184-1991,SEC.16; P.L.84-2010, SEC.42.

IC 25-8-4-12
Visibility of sign
    Sec. 12. The sign described in section 11 of this chapter must bevisible to a customer entering the main entrance of the establishment.
As added by P.L.257-1987, SEC.3.

IC 25-8-4-13
Individual license display
    Sec. 13. A person who holds any license issued under this chapterexcept the licenses described in section 11 of this chapter shalldisplay the license in a conspicuous place in that person's work areain the cosmetology salon, cosmetology school, barber shop, or barberschool where the person is employed. The license must be clearlyvisible to a customer of that person who is present in the licensedperson's work area.
As added by P.L.257-1987, SEC.3. Amended by P.L.84-2010,SEC.43.

IC 25-8-4-14
Duplicate license; issuance procedure
    Sec. 14. The board may issue a duplicate license to a personlicensed under this article if the person:
        (1) files a verified statement with the board that the original

license has been lost or destroyed; and
        (2) pays the fee required under IC 25-1-8-2.
As added by P.L.257-1987, SEC.3. Amended by P.L.235-1995,SEC.4.

IC 25-8-4-15
Duplicate license registration number
    Sec. 15. A duplicate license has the same registration number asthe original license issued to that person.
As added by P.L.257-1987, SEC.3.

IC 25-8-4-16
Repealed
    (Repealed by P.L.184-1991, SEC.42.)

IC 25-8-4-17
Expiration of license
    Sec. 17. (a) Except for an instructor license issued undersubsection (d), IC 25-8-6-1, or IC 25-8-6.4, a license issued underthis article expires on a date specified by the licensing agency underIC 25-1-6-4 and expires four (4) years after the initial expiration date.
    (b) A license issued to an instructor under IC 25-8-6-1 orIC 25-8-6.4 expires at the time that the instructor's practitionerlicense expires. The board shall renew an instructor's license underthis subsection concurrently with the instructor's practitioner license.
    (c) Except as provided in IC 25-8-9-11, a person who holds alicense under this article may apply for renewal.
    (d) Initial provisional licenses are valid for a length of timedetermined by the board, but not to exceed two (2) years.
As added by P.L.257-1987, SEC.3. Amended by P.L.177-2009,SEC.27; P.L.84-2010, SEC.44.

IC 25-8-4-18
Repealed
    (Repealed by P.L.177-2009, SEC.63.)

IC 25-8-4-19
Renewal before expiration
    Sec. 19. The board shall renew a license if the license holder paysthe fee established by the board under IC 25-1-8-2 to renew thelicense before the license is to expire.
As added by P.L.257-1987, SEC.3. Amended by P.L.239-1995,SEC.4; P.L.157-2006, SEC.39; P.L.105-2008, SEC.22.

IC 25-8-4-20
Repealed
    (Repealed by P.L.105-2008, SEC.67.)

IC 25-8-4-21
Reinstatement procedure following expiration    Sec. 21. (a) Except as provided in IC 25-8-9-11, the board may,upon application, reinstate a license under this article that has beenexpired for not more than three (3) years if the person holding thelicense meets the requirements of IC 25-1-8-6(c).
    (b) The board may not reinstate a license issued under this articleif the person holding the license does not apply for reinstatement notmore than three (3) years after the expiration date of the license,unless the person holding the license meets the requirements forreinstatement under IC 25-1-8-6(d).
As added by P.L.257-1987, SEC.3. Amended by P.L.184-1991,SEC.17; P.L.239-1995, SEC.5; P.L.194-2005, SEC.33;P.L.157-2006, SEC.40; P.L.197-2007, SEC.31; P.L.105-2008,SEC.23.

IC 25-8-4-22
Repealed
    (Repealed by P.L.197-2007, SEC.94.)

IC 25-8-4-23
Repealed
    (Repealed by P.L.197-2007, SEC.94.)

IC 25-8-4-24
Repealed
    (Repealed by P.L.197-2007, SEC.94.)

IC 25-8-4-25
Repealed
    (Repealed by P.L.197-2007, SEC.94.)

IC 25-8-4-26
Repealed
    (Repealed by P.L.197-2007, SEC.94.)

IC 25-8-4-27
Repealed
    (Repealed by P.L.105-2008, SEC.67.)

IC 25-8-4-28
Repealed
    (Repealed by P.L.105-2008, SEC.67.)

IC 25-8-4-29
Prohibited acts of licensee no longer complying with requirementfor issuance of license
    Sec. 29. A person holding a license under this chapter may notperform an act authorized by that license if the person knows that theperson no longer complies with the requirements for the issuance ofthe license.
As added by P.L.257-1987, SEC.3.
IC 25-8-4-30
Licensed activity separate from residence
    Sec. 30. A person may not engage in any activity licensed underthis article in a structure that contains a residence unless theresidence:
        (1) is separated from the place where the licensed activityoccurs by a substantial floor to ceiling partition; and
        (2) has a separate entry.
As added by P.L.257-1987, SEC.3. Amended by P.L.184-1991,SEC.20.