Mo. Code Regs. Ann. tit. 20, § 2090-2.010
Schools
Effective Aug 28, 2006sections 329.040, 329.050 and 329.210, RSMo Supp. 2003 and 329.120 and 329.230, RSMo 2000.* This rule originally filed as 4 CSR 90-2.010. This version of rule filed June 26, 1975, effective July 6, 1975. Amended: Filed Feb. 24, 1982, effective June 11, 1982. Amended: Filed Feb. 9, 1983, effective May 12, 1983. Amended: Filed April 13, 1983, effective July 11, 1983. Amended: Filed Feb. 10, 1984, effective May 11, 1984. Amended: Filed Aug. 31, 1987, effective Nov. 12, 1987. Amended: Filed April 1, 1988, effective June 27, 1988. Amended: Filed April 19, 1989, effective July 1, 1989. Amended: Filed Aug. 2, 1990, effective Dec. 31, 1990. Amended: Filed Jan. 26, 1994, effective July 30, 1994. Amended: Filed Aug. 15, 1994, effective Feb. 26, 1995. Amended: Filed Dec. 14, 1995, effective June 30, 1996. Amended: Filed July 27, 1998, effective Jan. 30, 1999. Amended: Filed March 15, 2000, effective Sept. 30, 2000. Amended: Filed Nov. 30, 2001, effective June 30, 2002. Amended: Filed Aug. 2, 2004, effective Feb. 28, 2005. This rule originally filed as 4 CSR 90-2.010. Moved to 20 CSR 2090-2.010, effective Aug. 28, 2006. *Original authority: 329.040, RSMo 1939, amended 1945, 1959, 1979, 1981, 1987, 1989, 1995, 1997, 2001; 329.050, RSMo 1939, amended 1945, 1949, 1961, 1981, 1989, 1995, 1996, 2001; 329.120, RSMo 1939, amended 1945, 1947, 1959, 1979, 1981, 1995; 329.210, RSMo 1939, L. 1945, amended 1945, 1949, 1981, 1987, 1993, 1995, 1998, 2001; 329.230, RSMo 1945, amended 1981State Board of Cosmetology
PURPOSE: This rule explains the licensing procedure and requirements for schools of cosmetology.
- (1) License Period. The license period for schools of cosmetology shall run concurrently with other certificates of registration (licenses) of the State Board of Cosmetology. All school licenses shall be renewed biennially and expire on September 30 in every odd numbered year.
(2) New Schools.
(A) Any person desiring to open a school of cosmetology (for Class CA, Class CH, Class MO, and/or Class E) in Missouri shall submit an application to the Board of Cosmetology at least sixty (60) days prior to the anticipated opening date of that facility. The application shall be on a form approved by the board and shall contain the following information:
- 1. Name and address of the owner(s) or
lessor(s) and lessee(s) where appropriate;
- 2. The school’s complete mailing
address;
- 3. A copy of the proposed facility’s floor
plan, giving approximate dimensions and square footage;
- 4. A list of the proposed equipment and
training supplies by quantity and type;
- 5. A list detailing all implements and
equipment that will be included in student kits;
- 6. A list of the proposed school rules;
- 7. The requisite fee;
- 8. A brief description of the course cur-
riculum, including the number of credit hours or similar units of measure to be assigned to each subject area;
- 9. A sample lesson plan for each course
described in paragraph (2)(A)8.;
- 10. The maximum enrollment allowed
for the facility based on square footage;
- 11. A copy of the student contract; the
student contract shall require a notice to the student that no less than one thousand five hundred (1,500) hours of training in a licensed school or no less than one thousand two hundred twenty (1,220) hours of training in a licensed public vocational-technical school are required for cosmetology and no
ROBIN CARNAHAN (9/30/06)*
less than three hundred ninety (390) hours of training in any licensed school are required for manicuring and no less than seven hundred fifty (750) hours training in any licensed school are required for estheticians for that student to be eligible to sit for the State Board of Cosmetology examination;
- 12. The name and address of each
licensed instructor to be employed; provided, any school having only one (1) instructor per twenty-five (25) students in addition shall state the name and address of a substitute instructor who will be available to it;
- 13. Two (2) or more letters of reference
for the applicants; and
- 14. Other information as the board shall
deem necessary, relevant and reasonable.
- (B) Upon receipt of a properly completed application, the board, within a reasonable time, will arrange an appointment at the next regularly scheduled meeting of the board to discuss the proposed school provided, however, the application is received by the board no less than ten (10) working days before the next meeting. If the application is received less than ten (10) working days before the next meeting, then an appointment will be scheduled at the following meeting to discuss the proposed school. After the meeting between the applicant and the board, but no later than ninety (90) days after the board’s receipt of the properly completed application, a decision of the board to preliminarily approve or deny a license for the proposed facility will be made. If the board decides not to preliminarily approve the application, the applicant will be promptly notified in writing of the specific reasons for denial. Final approval of a school by the board will be made upon final inspection and approval of the proposed facility. After final approval is given by the board, a license will be sent to the applicant. No school of cosmetology shall be opened in Missouri prior to receipt of its license from the board.
- (3) Existing Schools. Each holder of a valid, current license to operate a school of cosmetology in Missouri, on or before the renewal date, shall submit an application for renewal of the school license and shall accompany it with the biennial renewal fee and shall state the information required in paragraphs (2)(A)1., 2., 5., 7.–10. and 12. of this rule.
(4) School License.
- (A) Each license for a school of cosmetology issued by the board shall be valid only for the premises located at that address and board-approved ownership as provided in the initial application for the school. If at any time during the license period, the physical 20 CSR 2090-2
plant or operation of a school is moved to a new address, if ownership is transferred, or if substantial interest fifty-one percent (51%) or more of a partnership or corporation is altered in a way as to affect the registered ownership, then the license for the school shall become void. It shall be the responsibility of the holder of the license of the school to notify the board of any changes.
- 1. If there is to be a change in a sub-
stantial interest of a partnership or corporation which affects the registered ownership, the owner(s) shall make application in accordance with 4 CSR 90-2.010(2).
- 2. If there is to be a change in a minor-
ity interest of a partnership or corporation which does not affect the registered ownership, it shall be the responsibility of the holder(s) of the school license to submit a sworn affidavit to the board as notification of the change and to supply a full listing of partners/shareholders and ownership percentages of each.
- 3. If the physical plant or operation of a
school is to be moved to a new address, it shall be the responsibility of the holder(s) of the school license prior to reopening at the new location to submit an application for change of location on a form supplied by the board accompanied by a floor plan of the new facility giving dimensions and square footage, the school’s license and the duplicate license fee; have the new facility inspected and approved by the board; and have received the license from the board for the new facility.
- 4. If the name of a school is to be
changed by the owner(s), the change may be made on the renewal application for the school or, if at any time during the license period, the owner(s) shall submit a change of name request on a form supplied by the board, accompanied by the school’s license and the duplicate license fee.
5. Satellite classrooms.
- A. Purpose. Satellite classrooms may
only be used for teaching purposes. Students are prohibited from providing services to or demonstrations on the public in a satellite classroom.
- B. Eligibility. Any licensed school
may apply for the addition of a satellite classroom.
- C. Location. Satellite classrooms
must be located within a one (1)-mile radius of the existing school.
D. Equipment and floor space.
- (I) Satellite classrooms shall be
equipped with at least one (1) restroom for student use.
- (II) Satellite classrooms shall be
equipped with a sufficient number of tables FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION
and chairs to accommodate the number of students in attendance in each class.
- (III) Schools shall post a sign on
the outside of each entrance into a satellite classroom, which reads, “Satellite Classroom for Students and Licensed Instructors Only.”
- (IV) Satellite classrooms shall have
a minimum of five hundred (500) square feet for classroom instruction for up to twenty (20) students. For each additional student, satellite classrooms must have at least an additional fifty (50) square feet. Schools may not include the square footage of the satellite classroom to meet the minimum square footage requirements set forth in section 329.040, RSMo.
- E. Instructors. In addition to the
requirements set forth in 4 CSR 90- 2.010(5)(C), there must be at least one (1) licensed instructor present in the satellite classroom anytime students are present. If, at anytime, twenty-six (26) or more students are in attendance in the satellite classroom, at least two (2) licensed instructors must be present in the satellite classroom.
- F. Inspection. Satellite classrooms
are subject to inspection in the same manner as the existing school. Schools are required to post the satellite classroom license in plain view within the satellite classroom at all times.
- G. Application for licensure. If a
satellite classroom is to be added, it shall be the responsibility of the holder(s) of the school license prior to opening the satellite classroom to submit an application for the addition of a satellite classroom on a form supplied by the board accompanied by a floor plan of the satellite classroom giving dimensions and square footage, and the satellite classroom application fee; have the satellite classroom inspected and approved by the board; and have received the satellite classroom license from the board.
- (B) The holder(s) of a school license which has not been renewed by the renewal date shall be required to submit a late fee in addition to the biennial renewal fee in order to reinstate the license. The holder(s) of a school license failing to reinstate the license within ten (10) working days following the mailing by certified mail of notice to the holder(s) shall be subject to disciplinary action, shall terminate all students enrolled in the school as set forth in subsection (5)(D) of this rule and may reapply for a school license in accordance with the provisions of section
(2) of this rule.
- (C) Any school voluntarily terminating its operation shall inform the board in writing prior to the anticipated closing date and in addition, properly terminate its students as set forth in subsection (5)(D) of this rule, return all unused materials supplied by the board and supply the board with an address and telephone number where an authorized representative of the school can be contacted for additional information after the closing of the school.
(5) School Requirements.
(A) Minimum Training Requirements.
- 1. The subjects and the minimum hours
in each subject for the cosmetology programs in private schools and for the esthetician and manicuring programs in all schools are set forth in section 329.040, RSMo.
- 2. All public vocational-technical
schools of cosmetology in Missouri shall provide a minimum of one thousand two hundred twenty (1,220) hours of training for cosmetology over a period of not less than six (6) months in the appropriate subjects. The subjects and the minimum hours in each are listed in Column A, paragraph (5)(A)3.
- 3. All programs of apprenticeship train-
ing in Missouri shall provide a minimum of three thousand (3,000) hours of training for cosmetology, a minimum of fifteen hundred (1,500) hours of training for esthetician, or a minimum of seven hundred eighty (780) hours of training for manicuring. The subjects and the minimum hours in each are listed in Columns B, C, and D in this paragraph. Column Column A Cosme- Vo-Tech tologist Manicurist Subject Student Apprentice Apprentice 1. Shampooing of all kinds 40 2. Hair coloring, bleaches and rinses 130 3. Hair cutting and shaping 130 4. Permanent waving and relaxing 150 5. Hair setting, pin curls, fingerwaves, thermal curling 230 6. Combouts and hair styling techniques 105 7. Scalp treatments and scalp diseases 30 8. Facials, eyebrows and arches 40 9. Manicuring hand and arm massage, and treatment of nails 110 10. Cosmetic chemistry 25 11. Salesmanship and shop management 10 Column B C
220 440
20 40 Column Column Column A B Cosme- Vo-Tech tologist Manicurist Subject Student Apprentice Apprentice 12. Sanitation and sterilization 30 60 13. Anatomy 20 40 14. State law 10 20 15. Study of the use and application of certain chemicals 16. Misc. lectures and test review 160 940 ____ ____ 1,220 3,000 Column D Esthetician Subject Apprentice 1. Facials, cleansing, toner, massaging 2. Makeup application, all phases 3. Hair removal 4. Body treatments, aroma therapy, wraps 5. Reflexology 6. Cosmetic sciences, structure, condition, disorder 7. Cosmetic chemistry, products and ingredients 8. Salon management and salesmanship 9. Sanitation and sterilization, safety 10. State law 11. Misc. lectures and test review
- (B) It shall be the responsibility of the holder of the license to operate a school to submit student enrollment forms to the board at least two (2) weeks prior to the anticipated commencement of a student’s studies. The application shall be on a form approved by the board, be properly completed and accompanied by the appropriate fee(s). No student shall receive any credit for training received at a school until the application is received and approved by the board and the student license is returned to the school. The student license shall be conspicuously displayed with a photograph taken within the last two (2) years and is not transferable.
(C) Every school in Missouri shall employ and have present during regular school hours a minimum of one (1) licensed instructor for every twenty-five (25) students enrolled and scheduled to be in attendance for a given class period. In addition, the school shall employ and have present during regular school hours a minimum of one (1) licensed instructor for every twenty-five (25) students enrolled and scheduled to be in attendance for a given class period in a satellite classroom. Any school which has only one (1) regular instructor employed and present during regular school hours shall submit proof to the board that a substitute instructor will be available to that school to assume continuous,
(9/30/06)* ROBIN CARNAHAN
C
___
1,500 uninterrupted instruction. Satisfactory proof will be demonstrated by a contract of agreement, an affidavit or other evidence found to be adequate and trustworthy.
- 1. It shall be the responsibility of the
holder of the license to operate a school to ensure that each licensed instructor teaching in that school submit to the board a proposed lesson plan for each course that they teach. The lesson plan must be approved by the board prior to the course being taught.
- (D) All persons holding a license to operate a cosmetology school shall be responsible for submitting properly completed termination forms for all students who terminate their training. Cosmetology school license holders are responsible for obtaining termination forms from the board. Termination forms must be submitted within two (2) weeks of the date of student’s termination. The date of a student’s termination is either: 1) the date the student affirmatively indicates to the school his/her intent to terminate training; or 2) the last day of any two (2)-week period during which the student failed to attend a single class. However, a school shall not terminate a student for up to six (6) weeks if the student notifies the school in writing of his/her leave of absence and the student’s anticipated date of return. If the student does not return on the anticipated date of return, the school shall automatically terminate the student on that date. The phrase, training hours, is defined as the number of hours a student was in attendance at the school and for which time the school kept a record of those hours for instruction or training.
- (E) Minimum Standards for Accountability. Every school of cosmetology shall maintain an annual overall pass/fail rate of seventy percent (70%) for both written and practical portions of the licensure examination for each cosmetology classification. If a school’s pass/fail rate falls below seventy percent (70%) in a calendar year, the school will have thirty (30) days from the date of notification to submit a plan of action to the board. The pass/fail rate in question will be for first time candidates only. The pass/fail rate must increase by five percent (5%) the first year, then must meet or exceed that standard for the next two (2) years, or the school license shall be subject to discipline.
- (6) Floor Space Required. Every school of cosmetology which may teach all the classified occupations of cosmetology in Missouri shall have a minimum of two thousand (2,000) square feet for classroom, clinic and supportive areas. Schools which have an enrollment of twenty (20) or fewer students shall have a minimum of one thousand two hundred fifty (1,250) square feet for clinical instruction and a minimum of five hundred
- (500) square feet allocated for classroom instruction. Additional floor space required for additional students over twenty (20) shall be no less than fifty (50) square feet for each additional student. Satellite classroom must have a minimum of five hundred (500) square feet for classroom instruction for up to twenty (20) students. For each additional student, satellite classrooms must have at least an additional fifty (50) square feet.
(7) Minimum Equipment and Training Supplies. All schools of cosmetology in Missouri shall have on hand and maintain in good working condition at all times the following equipment and training supplies:
- (A) One (1) large dispensary;
- (B) Twenty (20) lockers;
- (C) Two (2) or more restrooms to separately accommodate male and female students;
- (D) A metal fire-resistant and locking filing cabinet for school and student records;
- (E) Sixteen (16) dresserettes, mirrors and chairs;
- (F) Ten (10) hair dryers and chairs;
- (G) Two (2) facial chairs;
- (H) One (1) heat cap;
(I) Sterilizers.
- 1. Five (5) large wet sterilizers or indi-
vidual wet containers in each station of the clinic that are large enough to cover combs and brushes (each shall contain a wet sterilizing agent).
- 2. Three (3) dry sterilizers or individual
dry containers in each station of the clinic that are large enough to hold combs and brushes clear and free of unsterilized items and tools.
- 3. All kits shall be kept clean and
remain free of unsterilized items and tools;
- (J) Six (6) shampoo bowls equipped with hot and cold running water plus chairs;
- (K) Cold wave equipment sufficient for twenty (20) permanents on all sized rods;
- (L) Five (5) thermal irons;
- (M) Four (4) manicure tables, stools and manicure equipment sets;
- (N) First-aid facilities;
- (O) Visual aids on the circulatory system, bones, muscles, nerves, anatomy, pH scale and history of hair and nails;
- (P) One (1) complete visual aid teaching system;
- (Q) One (1) large blackboard;
- (R) Sanitary drinking facilities;
- (S) One (1) time clock for student hours;
- (T) Twenty (20) mannequins plus working tables for same; 20 CSR 2090-2
(U) A reference library for students containing the following suggested materials: textbooks on the theory in cosmetology for each student, textbooks on shop management and buying, textbooks on psychology of salesmanship, a collegiate dictionary, a beauty culture dictionary, trade magazines and other materials as deemed necessary and reasonable by the State Board of Cosmetology.
- 1. Textbooks, if necessary for course-
work, for each student. Textbooks provided must be new; photocopies are not acceptable.
- A. Student shall receive textbooks
within forty-eight (48) hours of start date;
- (V) A janitor’s closet for all cleaning supplies;
- (W) One (1) large closeable sanitary container for clean towels;
- (X) One (1) large closeable container for soiled towels;
- (Y) One (1) closeable container for hair clippings; and
(Z) Individual student kit materials for each student enrolled which shall include thermal equipment and other equipment as deemed necessary and reasonable by the State Board of Cosmetology.
- 1. All implements and equipment con-
tained in the student kits must be new.
- 2. Students shall receive student kits
prior to the completion of their training.
- (8) Advertising. Any school advertising prices for work or services shall indicate in the advertisement that work is performed by students.
(9) Instruction.
- (A) To insure the adequate preparation of its students, every school shall allow its instructors to perform only bona fide demonstration on members of the general public. A bona fide demonstration is one performed for the instruction of students where one (1) or more students actually observe or participate in the work being performed by the instructor.
- (B) No portion of a student’s minimum training requirements may be obtained in course work or demonstrations outside the school of his/her enrollment unless a specific request for such a program of instruction is submitted to the board office by the school on a form supplied by the board and approval is given prior to the requested program. The executive director of the board may approve up to three (3) valid field trip requests, after which time further requests will be considered by the board at its regularly scheduled board meeting. Requests received less than FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION
ten (10) working days prior to the next meeting shall be placed on the agenda for the following meeting. The request for a program of instruction shall include: the place, date and time of the activity, the objective of the activity; the person/organization conducting the activity; the number of students to attend the activity and the names of the instructor(s) to supervise the activity. The required ratio of instructor supervision shall be maintained and student attendance at the activity verified. Credit shall not be given for time in transit to and from the activity.
- (10) Supervision. Every holder of the license to operate a school shall be responsible to provide continuous and adequate supervision of the school’s students by licensed instructors at all times during regular school hours. The holder(s) of the school license shall employ and have present in the school a competent licensed instructor for every twentyfive (25) students enrolled and scheduled to be in attendance for a given class period. Instructor licenses shall be conspicuously displayed with a photograph taken within the last two (2) years. Instructor trainees shall not be counted as licensed instructors for purposes of meeting this requirement and under no circumstances shall an instructor trainee be left solely in charge of the school.
(11) Open to Inspection. Every school and satellite classroom licensed by the board shall be open to inspection by members or representatives of the board during normal working hours or at reasonable times as requested by the board.
- (A) Every school licensed by the board shall have a complete student kit and a set of all textbooks available for inspectors to view at the time of inspection.
AUTHORITY: sections 329.040, 329.050 and 329.210, RSMo Supp. 2003 and 329.120 and 329.230, RSMo 2000.* This rule originally filed as 4 CSR 90-2.010. This version of rule filed June 26, 1975, effective July 6, 1975. Amended: Filed Feb. 24, 1982, effective June 11, 1982. Amended: Filed Feb. 9, 1983, effective May 12, 1983. Amended: Filed April 13, 1983, effective July 11, 1983. Amended: Filed Feb. 10, 1984, effective May 11, 1984. Amended: Filed Aug. 31, 1987, effective Nov. 12, 1987. Amended: Filed April 1, 1988, effective June 27, 1988. Amended: Filed April 19, 1989, effective July 1, 1989. Amended: Filed Aug. 2, 1990, effective Dec. 31, 1990. Amended: Filed Jan. 26, 1994, effective July 30, 1994. Amended: Filed Aug. 15, 1994, effective Feb. 26, 1995. Amended: Filed Dec. 14, 1995, effective June 30, 1996. Amended: Filed July 27, 1998, effective Jan. 30, 1999. Amended: Filed March 15, 2000, effective Sept. 30, 2000. Amended: Filed Nov. 30, 2001, effective June 30, 2002. Amended: Filed Aug. 2, 2004, effective Feb. 28, 2005. This rule originally filed as 4 CSR 90-2.010. Moved to 20 CSR 2090-2.010, effective Aug. 28, 2006. *Original authority: 329.040, RSMo 1939, amended 1945, 1959, 1979, 1981, 1987, 1989, 1995, 1997, 2001; 329.050, RSMo 1939, amended 1945, 1949, 1961, 1981, 1989, 1995, 1996, 2001; 329.120, RSMo 1939, amended 1945, 1947, 1959, 1979, 1981, 1995; 329.210, RSMo 1939, L. 1945, amended 1945, 1949, 1981, 1987, 1993, 1995, 1998, 2001; 329.230, RSMo 1945, amended 1981.