Louisiana Revised Statutes 37:575 – Powers and duties of the board
Terms Used In Louisiana Revised Statutes 37:575
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Blow dry technician: means an individual who provides blow drying hair services. See Louisiana Revised Statutes 37:563
- Board: means the Louisiana State Board of Cosmetology. See Louisiana Revised Statutes 37:563
- Contract: A legal written agreement that becomes binding when signed.
- Cosmetologist: means any person, who is not exempted from the provisions of this Chapter pursuant to Louisiana Revised Statutes 37:563
- Cosmetology: means the practice of using one's hands, mechanical or electrical apparatuses, or appliances or using cosmetic preparations, antiseptics, soaps, detergents, tonics, lotions, or creams in any one or any combination of the practices of esthetics, hair dressing, and manicuring for compensation, direct or indirect, including tips. See Louisiana Revised Statutes 37:563
- Esthetics: means engaging in any one or a combination of the following practices: massaging the face or neck of a person, dyeing or trimming eyebrows, applying natural or artificial enhancements to eyelashes, hair removal by cosmetic preparations, threading, waxing, or other similar means, stimulating, cleansing, or beautifying the face, neck, arms, bust, upper body, legs, or feet of a person by any method with the aid of the hands or of any mechanical or electrical apparatus, including micro-dermabrasion, epidermabrasion, or particle exfoliation using equipment and methodology approved by the board or by the use of a cosmetic preparation; however, esthetics shall not include the diagnosis, treatment, or therapy of any dermatological condition, or the process of removing hair known as "electrolysis". See Louisiana Revised Statutes 37:563
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Manicuring: means trimming, filing, decorating, shaping, sculpting, or in any way caring for the nails and skin of another person's hands or feet together with massaging the hands, arms, legs, and feet including pedicuring; however, manicuring shall not include the use of blades or graters for callous or skin removal. See Louisiana Revised Statutes 37:563
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- salon: means any premises upon or within which cosmetology is practiced for a fee. See Louisiana Revised Statutes 37:563
- School: means any premises wherein cosmetology is taught. See Louisiana Revised Statutes 37:563
A. The board shall be responsible for the control and regulation of the practice of cosmetology and shall do all of the following:
(1)(a) Maintain a permanent testing center to be located in East Baton Rouge Parish. The center shall be equipped to accommodate both practical and theory examinations and shall provide office space and a conference room.
(b) In the event that the board sells the immovable property upon which the testing center is located together with the improvements thereon, the revenue derived from the sale shall be retained by the board and shall not be subject to reversion to the state general fund.
(2) Make necessary rules and regulations to carry out the purposes and enforce the provisions of this Chapter and furnish copies of such rules and regulations upon request.
(3) Hold meetings at least once a month and at other times when necessary for the transaction of business that may legally come before it.
(4) Administer examinations as deemed necessary.
(5) Issue and renew licenses, permits, certificates of registration, and any other designations deemed necessary to engage in the practice of cosmetology.
(6) Establish and enforce compliance with professional standards and rules of conduct of cosmetology.
(7) Determine and issue standards for recognition and approval of educational programs of schools whose graduates shall be eligible for licensure in this state. The board shall also specify and enforce requirements for training in such schools.
(8) Enforce those provisions of this Chapter related to conduct and competence, including but not limited to revocation, summary suspension, suspension, probation, reprimand, warnings, or fines.
(9) Establish minimum specifications for the physical facilities, technical equipment, environment, supplies, personnel, and procedures for salons and schools.
(10) Inspect during hours of operation any licensed, permitted, certified, or registered facility or school, including but not limited to pertinent records, for the purpose of determining if any provisions of law governing the practice of cosmetology are being violated.
(11) Except as otherwise provided in this Chapter, exercise all of its duties, powers, and authority in accordance with the Administrative Procedure Act.
(12) Make, keep, and preserve all books, registers, and records.
(13) Receive and receipt all fees collected.
(14) Make disbursements by check, voucher, or any other reasonable means deemed appropriate by the board and authorized by the chairman.
(15) Adopt rules to enable a person licensed pursuant to this Chapter to practice the art for which he is licensed at the residence or domicile of a customer who is chronically ill or disabled.
(16) Refer any observed violations of the criminal laws of the state to the proper law enforcement officials.
(17)(a) Adopt rules to establish and regulate the license of blow dry technician.
(b) An applicant for a license of blow dry technician is subject to the same qualifications and fees applicable to a cosmetologist as described in La. Rev. Stat. 37:582; however, the required number of instruction hours for a cosmetologist, as provided in La. Rev. Stat. 37:595, shall not apply.
B. The board may do the following:
(1) Issue certificates of temporary registration to out-of-state licensees or registrants in accordance with rules and regulations adopted by the board.
(2) Issue special permits in accordance with rules and regulations adopted by the board.
(3) Join such professional organizations or associations organized to promote the improvement of the standards of the practice of cosmetology, esthetics, or manicuring for the protection of the health, safety, and welfare of the public or whose activities assist and facilitate the board or its staff in carrying out the work of the board.
(4) Receive and expend funds, in addition to its annual or biennial appropriation, from parties other than the state, provided that all of the following conditions are met:
(a) Such funds are awarded for the pursuit of a specific objective which the board is authorized to accomplish by this Chapter or for which the board is qualified to accomplish by reason of its jurisdiction or professional expertise.
(b) Such funds are expended for the pursuit of the objective for which they are awarded.
(c) Activities connected with or occasioned by the expenditures of such funds do not interfere with the performance of the board’s duties and responsibilities and do not conflict with the exercise of the board’s powers as specified by this Chapter.
(d) Such funds are kept in a separate, special account.
(e) Periodic reports are made concerning the board’s receipt and expenditure of such funds.
(5) Conduct any investigation, inquiry, or hearing as is necessary to supervise the regulatory provisions of this Chapter.
(6) Collect professional demographic data.
(7) Employ or contract for inspectors, clerical help, legal assistance, and other personnel necessary for the proper operation of the board office and for any other purpose under this Chapter. No inspector shall own, operate, or be employed by a beauty shop, salon, or school while employed by the board or under contract to perform inspections.
(8) Prepare and distribute a newsletter for distribution to persons subject to regulation by the board.
(9) Perform any other duties as are necessary and proper to carry out the purposes set forth in this Chapter.
(10) Purchase, acquire, develop, expand, sell, lease, maintain, mortgage, borrow funds, or otherwise contract with respect to immovable property and improvements thereon as it may deem necessary or appropriate to maintain a permanent testing center as required by Subparagraph (A)(1)(a) of this Section. Additionally, the board shall have the authority to borrow funds with the approval of the State Bond Commission and to expend funds of the board for the acquisition of immovable property and improvements thereon. In the event that the board sells immovable property and improvements thereon, the revenue derived from the sale shall be retained by the board and shall not be subject to reversion to the state general fund.
Acts 2001, No. 907, §2, eff. June 26, 2001; Acts 2004, No. 808, §1, eff. July 12, 2004; Acts 2005, No. 92, §1; Acts 2010, No. 728, §1; Acts 2016, No. 611, §1.