LAWS OF DELAWARE
VOLUME 83
CHAPTER 76
151st GENERAL ASSEMBLY
FORMERLY
HOUSE BILL NO. 174
AN ACT TO AMEND TITLE 24 RELATING TO THE BOARD OF COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend
Chapter 51 of
Title 24 of
the Delaware Code
by making deletions
as shown by
strike through and
insertions as shown
by underline and
re-designating as follows:
§ 5101. Definitions.
As used in
this chapter:
(1) “Aesthetician” is
an individual who
practices the cleansing,
stimulating, manipulating
and beautifying of
skin, with hands
or mechanical or
electrical apparatus or
appliances, the temporary
removal of superfluous
hair and gives
treatments to keep
skin healthy and
attractive. An aesthetician
is not authorized
to prescribe medication
or provide medical
treatments in the
same manner as
a dermatologist. any
of the following:
a. Cleansing, stimulating,
manipulating and beautifying
skin by hand
or mechanical or
electric apparatus or
appliance.
b. Application of
lash extensions, additions
or enhancements, including
permanent waving and
tinting.
c. Removal of
superfluous hair.
d. Gives treatments
to keep skin
healthy and attractive.
An aesthetician is
not authorized to
prescribe medication or
provide medical treatment
in the same
manner as a
dermatologist.
(2) “Apprentice” means
any person who
is engaged in
the learning of
any or all
the practices of
cosmetology, barbering,
nail technology or
electrology from a
practitioner licensed
in the profession
the apprentice is
studying. The apprentice
may perform or
assist the licensed
practitioner in any
of the functions
which the practitioner
is licensed to
perform.
(3) “Barber” means
any person licensed
under this chapter
who, for a monetary
consideration, shaves or
trims beards, cuts
or dresses hair,
gives facial or
scalp massages, or
treats beards or
scalps with preparations
made for this
purpose.
(4) “Board” means
and refers to
the state Board
of Cosmetology and
Barbering, as
provided for in
under this chapter.
(5) “Classroom hour”
is defined as
means 50 minutes
of each 60-minute
hour.
(6) “Cosmetologist” means
any person licensed
under this chapter
who is not
an apprentice or
student practicing cosmetology,
who shall have
the qualifications provided
for by this
chapter.
(7) “Cosmetology” includes
any or all
work done means
performing any of
the following services
for compensation by
any individual, including,
but not be
limited to, compensation:
a. The the
embellishment, cleansing
and beautification of
human hair, such
as arranging, dressing,
curling, permanent waving,
cutting, singeing, pressing,
chemically bleaching or
coloring, chemically straightening,
or similar work,
services.as well
as the
b. Applying lash
extensions, additions
or enhancements, including
permanent waving and
tinting.
c. The temporary
removal of superfluous
hair and hair.
d. nail Nail
technology.
The term “cosmetology”
shall also include,
but not be
limited to, the
massaging,
e. stimulating Massaging,
stimulating, beautifying,
or similar work,
services, of the
scalp, face, arms,
hands or the
upper body.
All work Any
service performed under
the definition of
“cosmetology” may be
done performed by
hand or by
mechanical or electrical
devices and may
include the use
of cosmetic preparations,
tonics, lotions or
creams.
Section 2. Amend
Chapter 51, Title
24 of the
Delaware Code by
making deletions as
shown by strike
through and insertions
as shown by
underline and re-designating
as follows:
§ 5104. Board
of Cosmetology and
Barbering; appointment;
composition; qualifications;
term of office;
suspension or removal;
compensation; continuation
of former Board.
(a) The Board of
Cosmetology and Barbering
shall consist of
11 13 members appointed by
the Governor. With the
expiration of the
terms of the
members in office
as of April
15, 2016, the
Board composition shall
be as follows:
Governor and shall
be composed of
the following:
(1) 2 cosmetologists,
cosmetologists.
(2) 1 nail
technician, technician.
(3) 1 barber,
barber.
(4) 1 aesthetician,
aesthetician.
(5) 1 cosmetology
instructor and instructor.
(6) 1 owner
or operator of
a shop licensed
under this chapter.
(7) 1 owner
or administrator of
a school licensed
under this chapter.
(8) 5 public members.
To serve on the Board, a
A public member shall
not be, nor ever
have been, may
not be any
of the following:
a. At any
time, a cosmetologist,
barber, electrologist,
nail technician or
aesthetician; nor a
aesthetician.
b. A member of
the immediate family
of a cosmetologist, barber,
electrologist, nail
technician or aesthetician;
shall not have
been aesthetician.
c. employed Employed
by a cosmetologist,
barber, electrologist,
nail technician or
aesthetician; shall not
have aesthetician.
d. At any
time have had
a material or
financial interest in
the providing of
goods and/or or
services to a cosmetologist,
barber, electrologist,
nail technician or
aesthetician; nor have
been aesthetician.
e. At any
time engaged in
an activity directly
related to cosmetology,
barbering, electrology,
nail technology or
aesthetics. Such public
member
A public member
shall be accessible
to inquiries, comments
and suggestions from
the general public.
Section 3. Amend
Chapter 51, Title
24 of the
Delaware Code by
making deletions has
shown by strike
through and insertions
as shown by
underline as follows:
§ 5107. Qualifications
of applicant; judicial
review; report to
Attorney General.
(a) All persons
applying for a
license to practice
under this chapter:
(1) Shall have
successfully completed
an education equivalent
to a tenth
grade education. Instructors
shall have successfully
completed an education
equivalent to completion
of a twelfth
grade education. Proof
of the required
education shall be
a certified high
school transcript or
any other document
or affidavit which
constitutes reliable proof
of educational attainment
as determined by
the Board; Board.
(2) Shall have
passed a written
and practical examination
to the satisfaction
of the Board
as set forth
in board rules
and regulations; regulations.
(3) Shall have
paid the appropriate
fee as established
by the Division
of Professional Regulation.
In addition, except
as otherwise provided
for in this
chapter, no individual
shall be permitted
to sit for
an examination or
shall be granted
a license to
practice in any
of the professions
regulated by this
chapter, unless the
individual meets the
following education requirements,
or has successfully
completed an apprenticeship.
The requirements are
for:
a. Cosmetologists. —
The successful completion
of a minimum
of 1,500 classroom
hours of continuous
training for a
complete course in
cosmetology. School owners
shall have the
option of the
amount of hours
of training per
day and shall
be able to
choose which days
of the week
the student works
provided the hours
accumulated do not
exceed 40 hours
per week. week,
excluding make-up hours.
The Board shall
establish by regulation
the portion of
the 1,500 classroom
hours that may
be credited to
an applicant who
previously obtained classroom
hours while studying
to become an
aesthetician, nail technician
or electrologist; electrologist.
A cosmetologist may
obtain a shaving
certification in connection
with the cosmetologist’s
license upon successful
completion of a
course in shaving
consisting of at
least 35 hours
of instruction from
a licensed barbering
instructor.
c. Cosmetologist merged
instruction and apprenticeship.
— The successful
completion of 600
classroom hours of concentrated
coursework in cosmetology
and 1500 hours in
an apprenticeship to a
licensed cosmetologist
with the total
number of hours worked not
to exceed 40 hours per
week. Acceptance to
the 600-hour program is
to be based
on a practical
examination administered
by a Delaware
licensed school of
cosmetology;
c. Transfer of
apprentice hours to
a cosmetology program.
An apprentice cosmetologist
may transfer up
to 1,800 apprentice
hours at a
rate of 2
apprentice hours to
1 transfer hour
to a cosmetology
program totaling 1,500
hours. A minimum
of 600 hours
of course
work must be
completed at school.
The Board
must provide documentation
of the apprentice
hours to the
school prior to
transfer.
d. Master barbers.
— For a
licensed barber, the
successful completion
of an additional
600 hour apprenticeship
for chemicals, as
set forth in
the Board’s rules
and regulations, and
the passing of
the master barber’s
examination. For
a licensed cosmetologist,
1 year of
post-licensure work experience
as a cosmetologist
and the successful
completion of a
course in shaving
which shall consist
of at least
35 hours of
instruction in shaving
taught by a
licensed barbering instructor.
For all other
applicants, the successful
completion of a
minimum of 1,500
classroom hours of
continuous training for
a complete course
in master barbering
and the passing
of the master
barber’s examination,
or the completion
of 3,000 hours
in a master
barber apprenticeship,
as set forth
in the Board’s
rules and regulations,
and the passing
of the master
barber’s examination.
School owners shall
have the option
of the amount
of hours of
training per day
and shall be
able to choose
which days of
the week the
student works provided
the hours accumulated
do not exceed
40 hours per
week. week, excluding
make-up hours. Any barber who was
issued a barber’s license
by the Division prior to
April 28, 2008,
shall be deemed
a master barber;
barber. A master
barber may obtain
a skin and
nails certification in
connection with a master
barber’s license upon
completion of at
least 250 hours of
instruction in a
licensed cosmetology school
or a 500
hour apprenticeship in
skin and nails
in accordance with
the Board’s rules
and regulations.
e. Barbers. —
The successful completion
of a minimum
of 1,500 1,250
classroom hours of
continuous training for
a complete course
in barbering, or
the completion of
3,000 hours in
an apprenticeship to
a licensed barber
with the total
number of hours
worked not to
exceed 40 hours
per week; week.
f. Barbers merged
instruction and apprenticeship.
— The successful
completion of 600
classroom hours of
concentrated coursework
in barbering and
1500 hours in
an apprenticeship to
a licensed barber
with the total
number of hours
worked not to
exceed 40 hours
per week. Acceptance
to the 600-hour
program is to
be based on
a practical examination
administered by a
Delaware-licensed school
of cosmetology;
f. Transfer of
apprentice hours to
a barbering program.
An apprentice barber
may transfer up
to 1,800 apprentice
hours at a
rate of 2
apprentice hours to
1 transfer hour
to a barbering
program totaling 1,500
hours. A minimum
of 600 hours
of course work
must be completed
at school. The
Board must provide
documentation of the
apprentice hours to
the school prior
to transfer.
g. Nail technicians.
— The successful
completion of a
course of training
in nail technology
of not less
than 300 hours
in a school
of nail technology
or cosmetology; or
successful completion
of 600 hours
as an apprentice
under the supervision
of a licensed
nail technician. In
either case, training
is not to
exceed 40 hours
per week; week,
excluding make-up hours.
h. Electrologists. —
The successful completion
of a course
of training in
electrology of not
less than 300
hours in a
school of electrology
or cosmetology, or
successful completion
of 600 hours
as an apprentice
under the supervision
of a licensed
electrologist. In either
case, training is not to exceed 40
hours per week;
week, excluding make-up
hours.
i. [Repealed.]
j. Cosmetology and
barbering instructors.
— For cosmetology
and barbering, an
instructor must have
a license in
the respective field
of cosmetology or
barbering and the
successful completion
of a teacher
training course, consisting
of at least
500 hours of
instruction in a
registered school of
cosmetology or barbering,
or at least
2 years’ experience
as an active
licensed, practicing cosmetologist
or barber, supplemented
by at least
250 hours of
instruction in a
teacher training course.
In addition, the
applicant shall have
successfully passed an
instructor examination
designated by the
Board in its
rules and regulations.
A person licensed
as a cosmetology
instructor may also
become licensed as
an electrology instructor,
a nail technician
instructor and/or an
aesthetics instructor.
provide instruction
in nail technology
and aesthetics. A
person licensed as
a cosmetology instructor
may also become
licensed as a
barbering instructor if
that person successfully
completes a course
in shaving which
shall consist of
at least 35
hours of instruction
in shaving and
is taught by
a licensed barbering
instructor. may obtain
a certification to
instruct barbering upon
successful completion
of a course
in shaving consisting
of at least
35 hours of
instruction from a
licensed barbering instructor.
Section 4. Amend
Chapter 51, Title
24 of the
Delaware Code by
making deletions as
shown by strike
through and insertions
as shown by
underline as follows:
§ 5124. Definitions.
For the purpose
of this subchapter:
(1) “Aesthetician” is
person who practices
the cleansing, stimulating,
manipulating and beautifying
of skin, with
hands or mechanical
or electrical apparatus
or appliances, removes
superfluous hair and
gives treatments to
keep skin healthy
and attractive. An
aesthetician is not
authorized to prescribe
medication or provide
medical treatments in
the same manner
as a dermatologist.
any of the
following:
a. Cleansing, stimulating,
manipulating and beautifying
skin by hand
or mechanical or
electric apparatus or
appliance.
b. Application of
lash extensions, additions
or enhancements, including
permanent waving and
tinting.
c. Removal of
superfluous hair.
d. Gives treatments
to keep skin
healthy and attractive.
An aesthetician is
not authorized to
prescribe medication or
provide medical treatment
in the same
manner as a
dermatologist.
Section 5. Amend
Chapter 51, Title
24 of the
Delaware Code by
making deletions as
shown by strike
through and insertions
as shown by
underline as follows:
§ 5127. Qualifications.
(a) No person
shall be licensed
under this subchapter
unless the person
has done all
of the following:
(1) Successfully completed
an education equivalent
to a tenth
grade education. Proof
of the required
education shall be
a certified high
school transcript or
any other document
or affidavit which
constitutes reliable proof
of educational attainment
as determined by
the Board; Board.
(2) Completed a
course of study
of not less
than 600 hours
in the principles
pertaining to the
practice of aesthetics;
or completed 1200
hours in an
apprenticeship to a
licensed aesthetician,
with the total
number of hours
worked per day
not to exceed
10, nor to
exceed 40 per
week. week, excluding
make-up hours. An
apprenticeship must be
completed within 2
years; years.
(3) Passed the
national examination required
in § 5128
of this title;
title.
(4) Paid the
appropriate fee as
established by the
Division of Professional
Regulation; Regulation.
(5) Shall not
have any impairment
related to drugs
or alcohol that
would limit the
applicant’s ability to
undertake that applicant’s
licensed practice in
a manner consistent
with the safety
of the public;
public.
Approved June 30, 2021