S.C. Code Regs. § § 35-10

Current through Register Vol. 48, No. 11, November 22, 2024

Section 35-10 - General Rules for the Operation of Cosmetology Schools

(A) Contracts.

(1) The contract between a licensed school and a student shall include the total cost of the course and supplies, including the cost of a kit if that cost is not otherwise included in the cost of the course, the type of course to be taken, and the total hours of instruction required for completion and a payment schedule.

(2) The school must provide each student with a copy of the signed contract.

(3) The contract will contain:

(a) a statement clearly indicating to the student that the school will not release, to any licensing board or other schools, any certified hours or transcripts unless financial and contractual obligations for those hours obtained have been met;

(b) a statement regarding any board approved teach-out agreement or the related bond;

(c) a copy of all approved school rules and regulations.

(B) Records.

(1) Performance Records

(a) All schools shall keep a daily record of the daily attendance, hours earned per day, total hours per month, and the total number to date of all students registered in any program.

(b) Schools shall maintain at the school the names of the students enrolled, the total hours previously recorded for each student, the total number of hours completed during the month for each student, and the total cumulative number of hours for each student at the end of the preceding month. This report shall reflect the student's daily attendance and whether the student is attending day or evening class.

(2) Signing of Records

(a) Both the instructor and the student shall verify and sign all hours on monthly performance records. Students shall be provided a certified copy of their monthly performance records.

(3) Maintaining Records

A student shall be given hourly credit on the basis of one hour credit for one hour of actual classroom instruction or one hour of actual clinic work. A record of this shall be maintained by the school for not less than five years.

(4) Withdrawals

(a) The school will provide the student with a certified transcript of earned hours within ten working days of the student's withdrawal or graduation provided all contractual agreements have been met.

(C) Instructing Staff.

(1) Classroom Supervision

(a) An instructor shall be present in the classroom of school during all class and study hours and must supervise all student practice work.

(b) During school or class hours, instructors shall be totally devoted to instructing the students, and shall not apply their time to private or public practice for compensation.

(c) Instructors shall not permit students to instruct or teach other students in the absence of an instructor.

(2) Schools must furnish to the board a list of all regular and emergency instructors and schedules.

(3) Instructors may not teach more than one course at a time; however, supervising in the teacher training program is not considered teaching a course.

(4) Schools shall provide separate instructors for each course offered at the ratio of one instructor for every twenty students in attendance or portion thereof, but not including student instructors.

(5) Absence of Instructor

(a) If an emergency situation arises and a substitute instructor is needed, the school shall obtain a licensed instructor, if possible, to substitute and shall notify the board, within five business days, of the emergency change in instructors.

(b) If a licensed instructor is not available, the board may, upon request of the school, allow a currently licensed cosmetologist to teach temporarily, not to exceed thirty calendar days without board approval.

(c) Schools must report any change in instructors or schedules to the board in writing, including lists of the instructors and scheduled times of instruction and whether the position is temporary, permanent, part time or full time. If the position is temporary, notification must include the time scheduled for the position to be filled permanently.

(6) Teaching Aids

(a) Instructors may not use demonstrations of cosmetology devices, techniques or preparations to evade the requirement for maintaining a proper instructor-student ratio, but only to demonstrate unique and different devices, techniques and preparations to students and instructors. A licensed instructor must be present in the classroom during such demonstrations.

(b) The board reserves the right to require the addition of any equipment or supplies it deems necessary for the full and complete instruction of students.

(D) Training Schedules.

(1) Class scheduling

(a) Schools offering day classes must conduct theory classes not less than six hours per week.

(b) Schools offering evening classes must conduct theory classes not less than three hours per week.

(c) A school operating or planning to operate an evening class shall provide the board with a schedule and the name of the instructor.

(d) No student shall be required or permitted to attend more than eight hours of instruction or practice, or any combination thereof, in any one day, except that a student may be permitted to complete a service in process or to make previously missed time not to exceed 100% of the student's contracted schedule.

(2) Advanced Training

Advanced training courses must be operated separately from the basic cosmetology classes and the students must be properly identified.

(E) Credit Hours.

(1) Schools may not give credit for hours or certify hours with the board until the schools are properly licensed.

(2) A student shall be given credit on the basis of one hour clock credit for one hour of actual classroom instruction or one hour of actual clinic work.

(3) Schools may not give credit for hours while in attendance at trade shows, seminars, etc., without full supervision and proper documentation by the instructor. These hours shall be creditable only if they are deemed educational.

(4) Hours recorded shall be verified monthly by both the instructor and the student and both shall sign these records.

(5) Hours from other states

(a) If a student from another state establishes residence in South Carolina, the South Carolina Board will accept all certified hours from another state board but the student must complete any additional hours necessary to equal South Carolina Board requirements.

(b) In the event the state board of another state does not certify hours, the South Carolina Board may accept certification by the school.

(6) The board shall approve any transfer of hours between cosmetology, nail technology, or esthetics courses.

(7) Upon completion of the required number of hours the state board exam must be taken within twenty-four months or the said hours become invalid.

(F) Services for the Public--Restrictions.

(1) Schools may only permit its students to practice upon members of the public willing to submit themselves to such practice after being fully informed that the person performing the services is a student.

(2) Curriculum - Schools must not allow students to practice on the public until they have satisfied the prerequisite required training to provide those services.

(3) Each school shall display in a conspicuous place, visible upon entry to the school, a sign stating that all services in the school are performed by students who are in training and under the direct supervision of a licensed instructor.

(4) Schools may charge for work performed by students to help defray the cost of operations. It must post or provide a price list for services rendered to the public in type which can be easily read from a conspicuous distance.

(5) Instructors shall not call a student from a theory class to work on the public.

(G) School Examinations.

(1) It shall be the duty of the teaching staff to give a final examination to every student who is a candidate for a degree or diploma.

(2) A passing grade determined by the said school is required for graduation.

(H) School Standards.

(1) Board Requirements

(a) All school rules and regulations and any changes thereto must be approved by the board.

(b) Schools shall permit the board, or its agents, to inspect the school and records which pertain to this chapter at any time during regular school hours.

(2) A school may not operate with an enrollment of less than six active students.

(3) Schools may not recruit students from other schools or knowingly make false or misleading statements to students about other schools.

(4) A school may not operate as a beauty salon or spa.

(5) If the school is closed, the board must be notified within ten working days via certified mail.

(I) Student Standards.

(1) Students enrolled in a school shall wear name tags which clearly indicate that they are students.

(2) Students shall wear professional attire while attending school.

(J) Advertising.

While schools may advertise, all school advertisements must clearly identify to the consuming public that it is a school and that all services will be performed by students under the direct supervision of a licensed instructor.

(K) Transcripts.

Upon obtaining hours, for which the school has been compensated for, the school shall provide the student with a certified transcript on a board approved form:

(1) if the school closes; or

(2) the student withdrawals; or

(3) the student transfers; or

(4) any licensing request.

S.C. Code Regs. § 35-10

Added in State Register Vol. 15, Issue 6, eff June 28, 1991. Amended by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 34, Issue No. 6, eff June 25, 2010.