Title 24, Professions and Occupations

§ 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 13 members appointed by the Governor and shall be c…

§ 5105. Officers; meetings; quorum. (a) In the same month of each year the members shall elect, from among their number, a president, a vice-president and a secretary for 1 year. Each officer shall serve for 1 year, and may successively serve in the same office for 1 additional t…

§ 5106. Powers and duties. (a) The Board of Cosmetology and Barbering shall have the power to: (1) Formulate rules and regulations, with appropriate notice given. All rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Proc…

§ 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 c…

§ 5108. Examinations. (a) There shall be separate written and practical examinations for licensure for barbering, cosmetology, nail technology, electrology and aesthetics which shall be professionally developed and used on a national basis. Each of these examinations shall be off…

§ 5109. Reciprocity. (a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who shall present proof of current licensure in good standing in another state, th…

§ 5110. Fees. The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its service…

§ 5111. Issuance of license; renewal; reinstatement; lapsed license. (a) Each person who has passed the examinations required by this chapter, who has been admitted to practice in this State by reciprocity, or who has otherwise qualified for a license shall, prior to receiving su…

§ 5112. Complaints. (a) All complaints shall be received and investigated by the Division in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation. Investigators of the Division may ente…

§ 5113. Grounds for discipline; procedure. (a) Practitioners regulated under this chapter shall be subject to those disciplinary actions set forth in § 5114 of this title if, after a hearing, the Board finds that the practitioner has: (1) Employed or knowingly cooperated in fraud…

§ 5114. Disciplinary sanctions. (a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 5113 of this title applies to a practitioner regulated by this chapter: (1) Issue a letter of rep…

§ 5115. Temporary suspension pending hearing. In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person’s license, pending a…

§ 5116. Hearing procedures. (a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging a violation of § 5113 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing sh…

§ 5117. Practicing without a license; penalties. (a) Where the Board has placed a practitioner on probationary status under certain restrictions or conditions, and the Board has determined that such restrictions or conditions are being or have been violated by the practitioner, i…

§ 5118. Licensure of cosmetology shops. (a) All cosmetology shops must be licensed pursuant to this chapter. Applications for licensure shall be submitted on a form prescribed by the Board, together with the required fees set biennially by the Division of Professional Regulation.…

§ 5119. Licensing and requirements of a school. (a) Each school of barbering, cosmetology, electrology or nail technology shall be licensed pursuant to this chapter and shall comply with the requirements of the Delaware Department of Education. Each school shall employ at least 1…

§ 5120. Display of license [Repealed].73 Del. Laws, c. 158, § 33; 77 Del. Laws, c. 65, § 1; repealed by 82 Del. Laws, c. 8, § 19, effective Apr. 9, 2019.;

§ 5121. Requirements for apprenticeships. (a) An individual who chooses to seek eligibility for the cosmetologist, barbering, electrology or nail technician examination by apprenticeship shall apply to the Board for an apprentice permit. (b) The owner of a shop that employs appre…

§ 5122. Inspections. (a) An agent of the Division may enter and inspect during business hours, without prior notice, any shop or school where cosmetology, barbering, electrology, nail technology or aesthetics services are offered, rendered or taught, or any other place where such…

§ 5123. Objectives. The primary purpose for the licensing of aestheticians is to guarantee to the public that each licensed practitioner has achieved a minimum level of competence as an aesthetician.69 Del. Laws, c. 178, § 1; 73 Del. Laws, c. 158, § 32; 77 Del. Laws, c. 65, § 1;

§ 5124. Definitions. For the purpose of this subchapter: (1) “Aesthetician” is person who practices 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, addi…

§ 5125. License requirement; applicability of chapter. (a) No person shall engage in the practice of aesthetics, act as an instructor of aesthetics, or hold himself or herself out to the public as being qualified to practice aesthetics; or use in connection with the person’s name…

§ 5126. Exemptions. Nothing in this subchapter shall prohibit: (1) A licensed cosmetologist from performing services as an aesthetician; (2) Persons authorized by the laws of this State to practice medicine and surgery, dentistry, chiropractic or similar professions, including re…

§ 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 transcrip…

§ 5128. Examinations. (a) Examinations for licensure as an aesthetician shall be professionally developed and used on a national basis. (b) Examination services shall be contracted and approved by the Division of Professional Regulation. (c) The Division of Professional Regulatio…

§ 5129. Display of certificate [Repealed].67 Del. Laws, c. 299, § 1; 69 Del. Laws, c. 178, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 158, § 32; 77 Del. Laws, c. 65, § 1; repealed by 82 Del. Laws, c. 8, § 19, effective Apr. 9, 2019.;

§ 5130. Fees. The amount to be charged for each fee imposed under this subchapter shall approximate and reasonably reflect all costs necessary to defray the proportional expenses incurred by the Division in its services pursuant to this subchapter. There shall be a separate fee c…

§ 5131. Reciprocity. (a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who shall present proof of current licensure in good standing in another state, th…

§ 5132. Operation of aesthetics schools. (a) Any school which holds a current license to conduct a school for the purpose of teaching cosmetology and/or its branches, may apply for approval by the Board to teach a course pertaining to the principles of aesthetics. Every school sh…

§ 5133. Equipment. Every school shall have, and shall maintain in good working condition, appropriate and sufficient equipment for its entire student body.67 Del. Laws, c. 299, § 1; 69 Del. Laws, c. 178, § 1; 73 Del. Laws, c. 158, § 32; 77 Del. Laws, c. 65, § 1; 79 Del. Laws, c. …

§ 5134. Instructors. (a) Aesthetic instructors shall have successfully completed an education equivalent to 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 o…

§ 5135. Course of study. Each school of aesthetics shall maintain a course of study of not less than 600 hours, extending over a period of a maximum of 160 hours a month. Every school shall maintain regular class hours with a daily schedule.67 Del. Laws, c. 299, § 1; 69 Del. Laws…

§ 5140. Short title. This subchapter is known as the “Cosmetology Licensure Compact.”85 Del. Laws, c. 289, § 1;

§ 5141. Title and purpose. The purpose of this Compact is to facilitate the interstate practice and regulation of cosmetology with the goal of improving public access to, and the safety of, cosmetology services and reducing unnecessary burdens related to cosmetology licensure. Th…

§ 5142. Definitions. As used in this Compact: (1) “Active military member” means any person with full-time duty status in the armed forces of the United States, including members of the National Guard and Reserve. (2) “Adverse action” means any administrative, civil, equitable, o…

§ 5143. Member state requirements. (a) To be eligible to join this Compact, and to maintain eligibility as a member state, a state must do all of the following: (1) License and regulate cosmetology. (2) Have a mechanism or entity in place to receive and investigate complaints abo…

§ 5144. Multistate license. (a) To be eligible to apply to their home state’s state licensing authority for an initial multistate license under this Compact, a licensee must hold an active and unencumbered single-state license to practice cosmetology in their home state. (b) Upon…

§ 5145. Reissuance of a multistate license by a new home state. (a) A licensee may hold a multistate license, issued by their home state, in only 1 member state at any given time. (b) (1) If a licensee changes their home state by moving between 2 member states, the licensee shall…

§ 5146. Authority of the Cosmetology Licensure Compact Commission and state licensing authorities. (a) Nothing in this Compact, or any commission rule or regulation, may be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws,…

§ 5147. Adverse actions. (a) A licensee’s home state has exclusive power to impose an adverse action against a licensee’s multistate license issued by the home state. (b) A home state may take adverse action on a multistate license based on the investigative information, current …

§ 5148. Active military members and their spouses. An active military member, or their spouse, shall designate a home state where the individual has a current license to practice cosmetology in good standing. The individual may retain their home state designation during any perio…

§ 5149. Establishment and operation of the Cosmetology Licensure Compact Commission. (a) The compact member states hereby create and establish a joint government agency, known as the Cosmetology Licensure Compact Commission, whose membership consists of all member states that hav…

§ 5150. Data system. (a) The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system. (b) The Commission shall assign each applicant for a multistate license a unique identifier, as determined by the rul…

§ 5151. Rulemaking. (a) The Commission shall promulgate reasonable rules to effectively and efficiently implement and administer the purposes and provisions of this Compact. A rule is invalid and has no force or effect only if a court of competent jurisdiction holds that the rule…

§ 5152. Oversight, dispute resolution, and enforcement. (a) Oversight. — (1) The executive and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to implement this Compact. (2) Venue is proper and j…

§ 5153. Effective date, withdrawal, and amendment. (a) This Compact comes into effect on the date on which the compact statute is enacted into law in the seventh member state. (1) On or after the effective date of this Compact, the Commission shall convene and review the enactmen…