State Codes and Statutes

Statutes > Maine > Title32 > Title32ch126sec0 > Title32sec14212-A

Title 32: PROFESSIONS AND OCCUPATIONS

Chapter 126: BARBERING AND COSMETOLOGY LICENSING HEADING: PL 1991, C. 397, §6 (NEW)

Subchapter 2: DIRECTOR'S POWERS AND DUTIES HEADING: PL 1991, C. 397, §6 (NEW); PL 2009, C. 369, PT. B, §44 (AMD)

§14212-A. Director's powers and duties

1. Duties. The director shall administer, coordinate and enforce this chapter. The director may appoint an advisory committee to assist the director on any matter that may arise under this chapter, as needed.

[ 2009, c. 369, Pt. B, §10 (NEW) .]

2. Rule-making authority. The director shall establish guidelines and adopt rules necessary for the proper administration and enforcement of this chapter. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. The rules must address, but are not limited to, the following:

A. Requirements for the licensure of aestheticians, barbers, cosmetologists, manicurists, demonstrators, instructors, students and trainees; [2009, c. 369, Pt. B, §10 (NEW).]

B. Requirements for licensing, operating and inspecting schools. At a minimum, the rules must include standards relating to educational programs, instructor qualifications, school operation, academic and student records and record keeping, health, safety and sanitation, physical facilities of the school and off-site classrooms, payment of refunds, notices and information to be provided to students and credit for education obtained in subjects that are considered substantially equivalent to applied courses offered and consistent with this chapter; [2009, c. 369, Pt. B, §10 (NEW).]

C. Requirements for licensing and operation of physical facilities and inspection of establishments and booths consistent with this chapter; and [2009, c. 369, Pt. B, §10 (NEW).]

D. The establishment of sanitation, health and safe practice standards, including but not limited to blood spill procedures and proper use of tools, implements, equipment and electrical and nonelectrical machines and devices used in connection with the practices authorized under this chapter. [2009, c. 369, Pt. B, §10 (NEW).]

[ 2009, c. 369, Pt. B, §10 (NEW) .]

3. Inspections. The director or a designee of the director may enter licensed premises to conduct random inspections for compliance with this chapter and rules adopted pursuant to this chapter.

[ 2009, c. 369, Pt. B, §10 (NEW) .]

4. Diseases. The director may require the physical examination of any person offering service to members of the public who is suspected of having any communicable disease. A person who has a communicable disease may not give service to members of the public, including service within licensed establishments or schools licensed by the director. Failure to submit to such an examination is grounds for suspension or revocation of the person's registration, certification, permit or license.

[ 2009, c. 369, Pt. B, §10 (NEW) .]

SECTION HISTORY

2009, c. 369, Pt. B, §10 (NEW).

State Codes and Statutes

Statutes > Maine > Title32 > Title32ch126sec0 > Title32sec14212-A

Title 32: PROFESSIONS AND OCCUPATIONS

Chapter 126: BARBERING AND COSMETOLOGY LICENSING HEADING: PL 1991, C. 397, §6 (NEW)

Subchapter 2: DIRECTOR'S POWERS AND DUTIES HEADING: PL 1991, C. 397, §6 (NEW); PL 2009, C. 369, PT. B, §44 (AMD)

§14212-A. Director's powers and duties

1. Duties. The director shall administer, coordinate and enforce this chapter. The director may appoint an advisory committee to assist the director on any matter that may arise under this chapter, as needed.

[ 2009, c. 369, Pt. B, §10 (NEW) .]

2. Rule-making authority. The director shall establish guidelines and adopt rules necessary for the proper administration and enforcement of this chapter. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. The rules must address, but are not limited to, the following:

A. Requirements for the licensure of aestheticians, barbers, cosmetologists, manicurists, demonstrators, instructors, students and trainees; [2009, c. 369, Pt. B, §10 (NEW).]

B. Requirements for licensing, operating and inspecting schools. At a minimum, the rules must include standards relating to educational programs, instructor qualifications, school operation, academic and student records and record keeping, health, safety and sanitation, physical facilities of the school and off-site classrooms, payment of refunds, notices and information to be provided to students and credit for education obtained in subjects that are considered substantially equivalent to applied courses offered and consistent with this chapter; [2009, c. 369, Pt. B, §10 (NEW).]

C. Requirements for licensing and operation of physical facilities and inspection of establishments and booths consistent with this chapter; and [2009, c. 369, Pt. B, §10 (NEW).]

D. The establishment of sanitation, health and safe practice standards, including but not limited to blood spill procedures and proper use of tools, implements, equipment and electrical and nonelectrical machines and devices used in connection with the practices authorized under this chapter. [2009, c. 369, Pt. B, §10 (NEW).]

[ 2009, c. 369, Pt. B, §10 (NEW) .]

3. Inspections. The director or a designee of the director may enter licensed premises to conduct random inspections for compliance with this chapter and rules adopted pursuant to this chapter.

[ 2009, c. 369, Pt. B, §10 (NEW) .]

4. Diseases. The director may require the physical examination of any person offering service to members of the public who is suspected of having any communicable disease. A person who has a communicable disease may not give service to members of the public, including service within licensed establishments or schools licensed by the director. Failure to submit to such an examination is grounds for suspension or revocation of the person's registration, certification, permit or license.

[ 2009, c. 369, Pt. B, §10 (NEW) .]

SECTION HISTORY

2009, c. 369, Pt. B, §10 (NEW).


State Codes and Statutes

State Codes and Statutes

Statutes > Maine > Title32 > Title32ch126sec0 > Title32sec14212-A

Title 32: PROFESSIONS AND OCCUPATIONS

Chapter 126: BARBERING AND COSMETOLOGY LICENSING HEADING: PL 1991, C. 397, §6 (NEW)

Subchapter 2: DIRECTOR'S POWERS AND DUTIES HEADING: PL 1991, C. 397, §6 (NEW); PL 2009, C. 369, PT. B, §44 (AMD)

§14212-A. Director's powers and duties

1. Duties. The director shall administer, coordinate and enforce this chapter. The director may appoint an advisory committee to assist the director on any matter that may arise under this chapter, as needed.

[ 2009, c. 369, Pt. B, §10 (NEW) .]

2. Rule-making authority. The director shall establish guidelines and adopt rules necessary for the proper administration and enforcement of this chapter. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. The rules must address, but are not limited to, the following:

A. Requirements for the licensure of aestheticians, barbers, cosmetologists, manicurists, demonstrators, instructors, students and trainees; [2009, c. 369, Pt. B, §10 (NEW).]

B. Requirements for licensing, operating and inspecting schools. At a minimum, the rules must include standards relating to educational programs, instructor qualifications, school operation, academic and student records and record keeping, health, safety and sanitation, physical facilities of the school and off-site classrooms, payment of refunds, notices and information to be provided to students and credit for education obtained in subjects that are considered substantially equivalent to applied courses offered and consistent with this chapter; [2009, c. 369, Pt. B, §10 (NEW).]

C. Requirements for licensing and operation of physical facilities and inspection of establishments and booths consistent with this chapter; and [2009, c. 369, Pt. B, §10 (NEW).]

D. The establishment of sanitation, health and safe practice standards, including but not limited to blood spill procedures and proper use of tools, implements, equipment and electrical and nonelectrical machines and devices used in connection with the practices authorized under this chapter. [2009, c. 369, Pt. B, §10 (NEW).]

[ 2009, c. 369, Pt. B, §10 (NEW) .]

3. Inspections. The director or a designee of the director may enter licensed premises to conduct random inspections for compliance with this chapter and rules adopted pursuant to this chapter.

[ 2009, c. 369, Pt. B, §10 (NEW) .]

4. Diseases. The director may require the physical examination of any person offering service to members of the public who is suspected of having any communicable disease. A person who has a communicable disease may not give service to members of the public, including service within licensed establishments or schools licensed by the director. Failure to submit to such an examination is grounds for suspension or revocation of the person's registration, certification, permit or license.

[ 2009, c. 369, Pt. B, §10 (NEW) .]

SECTION HISTORY

2009, c. 369, Pt. B, §10 (NEW).