South Carolina Code of Regulations Chapter 35 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF COSMETOLOGY
South Carolina Code of Regulations Chapter 35 – State Board of Cosmetology
1. Overview
Chapter 35 of the South Carolina Code of Regulations governs the State Board of Cosmetology, which regulates the licensing, standards, and professional conduct of cosmetologists, estheticians, nail technicians, and related beauty professionals in South Carolina.
The Board ensures that practitioners meet minimum standards of training, ethics, and safety to protect public health and welfare.
2. Purpose and Scope
To license and regulate cosmetology professionals and establishments.
To enforce health and safety standards in cosmetology practice.
To establish educational and training requirements.
To provide a framework for disciplinary action against practitioners who violate rules.
3. Key Provisions
a. Licensing Requirements
Applicants must meet educational and examination standards.
Different licenses are issued for cosmetologists, nail technicians, estheticians, and instructors.
Renewal procedures and continuing education requirements are specified.
b. Health and Safety Regulations
Rules on sanitation of tools, equipment, and premises.
Guidelines to prevent the spread of communicable diseases.
Requirements for proper disposal of hazardous materials.
c. Practice Standards
Defines permissible services for each license type.
Sets boundaries on professional conduct, client care, and advertising.
Restrictions on unauthorized practices.
d. Inspection and Compliance
Board-authorized inspectors conduct facility inspections.
Compliance with regulations is required to maintain licensure.
Violations can result in fines, suspension, or revocation.
e. Disciplinary Procedures
Procedures for filing complaints and investigations.
Hearings for alleged violations.
Possible sanctions include reprimands, fines, suspension, or permanent revocation.
4. Legal Principles
a. Regulatory Authority
The Board acts under delegated authority to protect public welfare.
It has discretion in issuing licenses and enforcing compliance.
b. Due Process
Licensees have rights to notice, hearing, and appeal before sanctions.
Enforcement actions must be based on substantial evidence.
c. Public Health and Safety
Regulations prioritize preventing health risks and ensuring competent service delivery.
5. Illustrative Case Law Principles
Although specific cases may vary, general principles apply as illustrated below:
Case 1: Licensee v. State Board of Cosmetology
Facts: Licensee challenged a suspension due to unsanitary conditions.
Issue: Whether the Board’s findings were supported by evidence.
Holding: Court upheld suspension, citing clear violations and proper procedures.
Significance: Affirms Board’s role in enforcing health and safety.
Case 2: Cosmetology School Applicant v. Board
Facts: Applicant denied license for failing examination requirements.
Issue: Whether denial was arbitrary.
Holding: Court upheld denial, affirming Board’s standards for competence.
Significance: Supports licensing standards to maintain professional quality.
Case 3: Practitioner v. Disciplinary Action
Facts: Practitioner claimed inadequate notice of hearing.
Issue: Whether due process was violated.
Holding: Court reversed penalty, emphasizing right to fair notice and hearing.
Significance: Reinforces procedural fairness in Board actions.
6. Summary Table
| Aspect | Explanation |
|---|---|
| Licensing | Education, exams, renewal, and continuing education |
| Health & Safety | Sanitation, disease prevention, hazardous materials |
| Practice Standards | Permissible services and professional conduct |
| Inspections & Compliance | Regular checks and enforcement |
| Disciplinary Process | Complaints, hearings, sanctions |
| Legal Principles | Regulatory authority, due process, public welfare |
7. Conclusion
South Carolina Code of Regulations Chapter 35 empowers the State Board of Cosmetology to regulate and maintain standards in the cosmetology profession. The Board’s authority balances protecting public health with fair treatment of licensees, supported by courts when decisions are backed by evidence and due process.
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