HOUSE BILL NO. 112

INTRODUCED BY HEDGES D

BY REQUEST OF THE BOARD OF COSMETOLOGISTS

A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING THE BOARD OF COSMETOLOGISTS TO ESTABLISH BY RULE FINES FOR VIOLATIONS REVEALED DURING ANNUAL INSPECTIONS; SPECIFYING WHAT CONSTITUTES A VIOLATION; AND AMENDING SECTIONS 37-31-203, 37-31-312, AND 37-31-331, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 37-31-203, MCA, is amended to read:

"37-31-203. Rulemaking powers. The board shall prescribe rules for:

(1) the conduct of its business;

(2) the qualification, examination, and registration of applicants to practice cosmetology, manicuring, or esthetics or to teach cosmetology, manicuring, or esthetics;

(3) the qualification and registration of applicants for manager-operator licenses;

(4) the regulation and instruction of apprentices and students;

(5) the conduct of schools of cosmetology, manicuring, and esthetics for apprentices and students;

(6) the qualification and registration of applicants for booth rental licenses; and

(7) generally the conduct of the persons, firms, or corporations affected by this chapter, including rules establishing fines for violations based on inspections conducted pursuant to the provisions of 37-31-312."

Section 2. Section 37-31-312, MCA, is amended to read:

"37-31-312. Inspection. (1) The department shall appoint one or more inspectors, each of whom shall devote time to inspecting cosmetology salons and performing other duties as the department, in cooperation with the board, may direct. The inspectors may enter a cosmetology salon, manicuring salon, esthetics salon, booth, school of cosmetology, school of manicuring, or school of esthetics during business hours for the purpose of inspection, and the refusal of a licensee to permit the inspection during business hours is cause for revocation of the license.

(2) Upon application for a license, a cosmetology, manicuring, or esthetics salon shall pay an initial inspection fee prescribed by the board.

(3) The board may authorize the department to grant to a cosmetology, manicuring, or esthetics salon, upon payment of the initial inspection fee, a temporary permit authorizing the cosmetology, manicuring, or esthetics salon to operate for a period not to exceed 90 days or until the inspector is able to make the inspection, whichever event occurs first. This temporary permit is not renewable.

(4) (a) The department shall cause an inspector, appointed as provided in subsection (1), to conduct an annual inspection of each cosmetology, manicuring, and esthetics salon in the state.

(b) The board may adopt rules imposing fines for violations discovered as the result of an inspection. A fine may be imposed for any of the following violations:

(i) failure to comply with the sanitary rules adopted by the board and approved by the department of public health and human services for the regulation of cosmetology salons, manicuring salons, esthetics salons, booths, schools of cosmetology, schools of manicuring, or schools of esthetics;

(ii) failure to display a license; or

(iii) failure to comply with licensure requirements.

(c) The fine structure must be based upon:

(i) the nature of the violation;

(ii) the risk of harm that the violation poses to public health, safety, or welfare; and

(iii) whether repeated violations have occurred.

(d) Rules adopted pursuant to subsection (4)(b) must require the board to inform a person charged with a violation that the person has the right under the Montana Administrative Procedure Act to contest the imposition of the fine.

(e) The board may adopt rules establishing that a certain number of repeat violations of the provisions of subsection (4)(b) may result in the violator being subject to the license revocation or suspension provisions of 37-31-331."

Section 3. Section 37-31-331, MCA, is amended to read:

"37-31-331. Refusal, revocation, or suspension of licenses -- grounds -- notice and hearing. (1) The board may refuse to issue, may refuse to renew, or may revoke or suspend a license in any one of the following cases:

(a) failure of a person, firm, partnership, or corporation operating a cosmetology salon, manicuring salon, esthetics salon, or a school of cosmetology, manicuring, or esthetics to comply with this chapter;

(b) failure to comply with the sanitary rules adopted by the board and approved by the department of public health and human services for the regulation of cosmetology salons, manicuring salons, esthetics salons, or schools of cosmetology, manicuring, or esthetics;

(c) gross malpractice;

(d) continued practice by a person who knowingly has an infectious or contagious disease;

(e) habitual drunkenness or habitual addiction to the use of morphine or any habit-forming drug;

(f) permitting a certificate of registration or license to be used when the holder is not personally, actively, and continuously engaged in business;

(g) failure to display the license; or

(h) repeated violations of the provisions of 37-31-312(4)(b).

(2) The board may not refuse to authorize the department to issue or renew a license or to revoke or suspend a license already issued until after notice and opportunity for a hearing."

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