Delaware Code Title 24 Sec. 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.
Terms Used In Delaware Code Title 24 Sec. 5118
- 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. See Delaware Code Title 24 Sec. 5101
- Board: means the state Board of Cosmetology and Barbering under this chapter. See Delaware Code Title 24 Sec. 5101
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Cosmetology: means performing any of the following services for compensation:
- Cosmetology shop: means any place or part thereof wherein cosmetology, barbering, electrology, nail technology, aesthetics, or any of their practices, are performed for compensation, whether or not the establishment holds itself out as a cosmetology shop. See Delaware Code Title 24 Sec. 5101
- Division: means the Delaware Division of Professional Regulation. See Delaware Code Title 24 Sec. 5101
- Person: means a corporation, company, association or partnership, as well as an individual. See Delaware Code Title 24 Sec. 5101
- Professional-in-charge: means a licensee who is responsible for the operation of a cosmetology shop, including ensuring that all employees are licensed, where required by law. See Delaware Code Title 24 Sec. 5101
- State: means the State of Delaware. See Delaware Code Title 24 Sec. 5101
(b) An application for shop licensure shall identify the professional-in-charge and shall include notarized acknowledgement by the person identified as the professional-in-charge. At all times, the professional-in-charge shall be licensed pursuant to this chapter and shall hold a license in good standing as defined in § 5107(a)(4)-(8) of this title. A licensee may serve as professional-in-charge for only 1 shop at any given time. The Board shall be notified in writing of any change in the professional-in-charge within 10 business days of such change.
(c) All cosmetology shops shall renew their licensure biennially, paying fees set by the Division of Professional Regulation. All cosmetology shops shall fully comply with all the rules and regulations promulgated by the Board as provided for in this chapter. Nothing contained in this chapter shall prevent a person from operating a licensed cosmetology shop in the person’s home, provided there is full compliance with all applicable health regulations and this chapter.
(d) No cosmetology shop shall accept an apprentice unless said salon or shop shall have on its staff at least 1 individual licensed in the profession for which instruction is being provided; further, that such salon or shop may register 2 additional apprentices for each additional licensed professional attached to its staff. In addition, such salon or shop shall possess the necessary apparatus and equipment for the proper instruction in all subjects for the practices for which a license is required under this chapter; and shall maintain a daily record of the attendance of such apprentice or apprentices, together with the number of hours of apprenticeship; and shall certify to the Board upon termination of such apprenticeship the credits earned. Such instruction shall consist of the necessary training for a complete course comprising all, or the majority, of the practices of cosmetology, barbering, nail technology and electrology as provided in this chapter; and such course shall include theoretical studies and practical demonstrations in sanitation, sterilization and other safety measures, and the use of antiseptics, cosmetics and electrical appliances, consistent with the practical and theoretical requirements as applicable to cosmetology, barbering, nail technology and electrology as provided for in this chapter.
(e) Any person, firm or corporation teaching any or all of the practices of cosmetology, including barbering, nail technology and electrology, shall be required to comply with all provisions applicable to establishments having apprentices; and any and all rules which may be promulgated by the Board established in accordance with this chapter. No school of cosmetology, barbering, nail technology or electrology or beauty salon, barbershop, nail salon or electrology establishment, shall operate within this State unless a proper license under this chapter has first been obtained. The practice of cosmetology and other professions regulated by this chapter shall not be taught or practiced in this State; except in a duly licensed establishment except as provided for elsewhere in this chapter.
(f) Nothing contained in this chapter shall affect the instructional program of cosmetology as conducted in the public schools of this State. Any student, who has successfully completed the prescribed course in cosmetology in a state public school, shall be eligible to take the examinations required by this chapter.
69 Del. Laws, c. 178, § ?1; 70 Del. Laws, c. 186, § ?1; 73 Del. Laws, c. 158, § ?27; 77 Del. Laws, c. 65, § ?1; 79 Del. Laws, c. 170, § ?1; 79 Del. Laws, c. 418, § ?2;