HB 4395

substitute for
House BILL NO. 4395
A bill to amend 1980 PA 299,
entitled
"Occupational code,"
by amending sections 1117 and 1217 (MCL 339.1117 and
339.1217), section 1117 as amended by 2003 PA 207 and section 1217 as amended
by 2020 PA 20.
the peoplE of the state of michigan enact:
Sec. 1117. (1) Except as otherwise
provided in this section, barber services shall
only must be rendered only in premises licensed by the department under
this article. A If
it is impractical or unsafe for an individual to travel due to frailty, age,
injury, or illness, a barber may render services outside of a barbershop
to a patient in a hospital, nursing home, home for the aged, or similar
facility or to a person an individual in the person's
individual's home. if it is impractical or
unsafe for the patient or person to travel due to frailty, age, injury, or
illness.
(2) The department may issue a temporary permit, valid for not
more than 1 year, to a barber licensed under this article to render services
outside of a premises licensed by the department under this article to a
veteran at a veteran service organization. A barber who renders services under
this subsection shall not charge a service fee.
(3) The
department may issue a demonstration permit, valid for not longer more than 1
year, to allow demonstrations on premises that are not
in use as a barbershop. The holder of a demonstration permit shall maintain
health, safety, and sanitation standards as set forth in rules authorized promulgated under
this article. The department may issue a demonstrator permit, valid for no longer not more than
1 week, to a person an individual who is not licensed in this state to
perform barbering services solely for the purposes of demonstration, provided
that the demonstrator is duly licensed or otherwise authorized to perform barbering
services under the laws of another state, jurisdiction, or country.
(4) As used in this section and section 1217:
(a) "Service fee" means a charge to a customer for providing a
service that includes fees for the act of providing the service, transportation
to the site, labor, product, and tools.
(b) "Veteran service organization" means a veteran-led
nonprofit organization with the primary mission of supporting veterans.
Sec. 1217. A licensee that commits or has
committed 1 or more of the following is subject to the penalties set forth in
article 6:
(a) Continued
practice by an individual who knows he or she the individual has an infectious or contagious
disease.
(b) Except as
otherwise provided in this subdivision, practicing cosmetology on the public
outside of the premises of a licensed cosmetology establishment or school of
cosmetology. A licensed cosmetologist may perform cosmetology services for a
patron at a location that is not on the premises of a licensed cosmetology
establishment if the services are performed at any of the following:
(i) A special event in which the cosmetology
service is required to be performed for an on-site participant of the event.
(ii) A nursing home, as that term is defined
in section 20109 of the public health code, 1978 PA 368, MCL 333.20109, for a
patient or resident of that home.
(iii) A home for the aged, as that term is
defined in section 20106 of the public health code, 1978 PA 368, MCL 333.20106,
for a patient or resident of that home.
(iv) An adult foster care facility, as that
term is defined in section 3 of the adult foster care facility licensing act,
1979 PA 218, MCL 400.703, for a patient or resident of that facility.
(v) A hospital, as that term is defined in
section 20106 of the public health code, 1978 PA 368, MCL 333.20106, for a
patient of that hospital.
(vi) If the licensed cosmetologist is issued
a temporary permit by the department, valid for not more than 1 year, a veteran
service organization for a veteran. A cosmetologist
who performs cosmetology services under this subparagraph shall not charge a
service fee.
Enacting section 1. This amendatory act takes effect
180 days after the date it is enacted into law.
Enacting
section 2. This amendatory act does not take effect unless House Bill No. 4394
of the 103rd Legislature is enacted into law.