Delaware Code Title 24 Sec. 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.
(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, excluding make-up hours. An apprenticeship must be completed within 2 years.
(3) Passed the national examination required in § 5128 of this title.
(4) Paid the appropriate fee as established by the Division of Professional 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.
(6) Shall not have been convicted of a crime substantially related to the practice of aesthetics. In determining whether a crime is substantially related to the practice of aesthetics, the Board shall observe the limitations set forth in § 8735(x)(4) of Title 29. If after a consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board, by an affirmative vote of a majority of the quorum, or, during the time period between Board meetings, the Board President or his or her designee, determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, or during the time period between Board meetings, the Board President or President’s designee, shall waive this paragraph (a)(6).
a.-d. [Repealed.]
(7) Shall not have been the recipient of any administrative penalties regarding that person’s licensed practice, including but not limited to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or have not entered into any “agreements” which contain conditions placed by a Board on that person’s professional conduct and practice, including any voluntary surrender of a license. The Board may, after a hearing, determine whether such administrative penalty is grounds to deny licensure.
(8) Shall not have any disciplinary proceedings or unresolved complaints pending against that person in any jurisdiction where the applicant previously has been, or currently is, licensed to practice aesthetics.
Terms Used In Delaware Code Title 24 Sec. 5127
- Aesthetician: is a n individual who practices any of the following:
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the state Board of Cosmetology and Barbering under this chapter. See Delaware Code Title 24 Sec. 5101
- Division: means the Delaware Division of Professional Regulation. See Delaware Code Title 24 Sec. 5101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Person: means a corporation, company, association or partnership, as well as an individual. See Delaware Code Title 24 Sec. 5101
- Quorum: The number of legislators that must be present to do business.
- Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to cosmetology, barbering, electrology, nail technology or aesthetics. See Delaware Code Title 24 Sec. 5101
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(b) As set forth in Board rules and regulations, foreign-trained applicants shall provide evidence satisfactory to the Board of training equivalent to that required in paragraph (a)(2) of this section, in addition to meeting all other requirements of this section.
(c) When a person who feels the Board has refused or rejected an application without justification; has imposed higher or different conditions for the person than for other applicants or persons now licensed; or has in some other manner contributed to or caused the failure of such person’s application, the applicant may appeal to the Superior Court.
(d) Where the Board has found to its satisfaction that an application has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.
67 Del. Laws, c. 299, § ?1; 69 Del. Laws, c. 178, § ?1; 70 Del. Laws, c. 186, § ?1; 73 Del. Laws, c. 158, § ?32; 75 Del. Laws, c. 169, § ?6; 75 Del. Laws, c. 436, § ?50; 77 Del. Laws, c. 65, § ?1; 77 Del. Laws, c. 199, § ?38; 78 Del. Laws, c. 44, §§ ?74, 75; 79 Del. Laws, c. 170, § ?1; 81 Del. Laws, c. 214, § 2; 83 Del. Laws, c. 76, § 5; 83 Del. Laws, c. 433, § 31;