1.1 Pennsylvania Cosmetology Law & Board Structure
Key Takeaways
- Esthetics is regulated under the Cosmetology Law, the act of May 3, 1933 (P.L. 242, No. 86), codified at 63 P.S. §§ 507-527; the Board's regulations are at 49 Pa. Code §§ 7.1-7.150.
- The Pearson VUE handbook names exactly three state-portion sources: 49 Pa. Code Chapter 7, Act 86 of 1933, and Act 48 of 1993 (Schedule of Civil Penalties).
- The Board has 13 members under 63 P.S. § 507.1: the BPOA Commissioner, the Director of the Bureau of Consumer Protection or a designee, 3 public members, and 8 professional members; seven members are a quorum.
- Professional and public members serve three-year terms, may not serve more than two consecutive terms, and hold over no longer than six months after a term expires.
- Under 63 P.S. § 526(c.2), as amended by Act 100 of 2024, the Board may levy a civil penalty of up to $1,000 on a current licensee who violates the act and on any person who practices esthetics without being properly licensed - one ceiling, both groups.
Pennsylvania Cosmetology Law & Board Structure
Quick Summary: Esthetics in Pennsylvania is governed by the Cosmetology Law - the act of May 3, 1933 (P.L. 242, No. 86), codified at 63 P.S. §§ 507-527 - and by the State Board of Cosmetology's regulations at 49 Pa. Code §§ 7.1-7.150. The Board sits inside the Bureau of Professional and Occupational Affairs (BPOA) in the Department of State. It has 13 members, and seven members constitute a quorum. Its civil-penalty power is a single ceiling: up to $1,000 per violation under 63 P.S. § 526(c.2), which reaches licensees and unlicensed practitioners alike.
Ten of the 85 scored items on your exam come from the state-specific portion. The Pearson VUE candidate handbook names exactly three sources for that portion: 49 Pa. Code Chapter 7, Act 86 of 1933, and Act 48 of 1993 (Schedule of Civil Penalties). Everything in Chapters 1 and 2 of this guide is drawn from those three documents.
The Statute: Act 86 of 1933
- Act of May 3, 1933 (P.L. 242, No. 86) - the governing statute. 49 Pa. Code § 7.1 defines "Act" as this law and calls it the Cosmetology Law. Older material calls it the Beauty Culture Law; the General Assembly retitled it, and § 4.2 of the act ("Eligibility Requirements for Enrolling in a School of Beauty Culture") was deleted.
- Codification: 63 P.S. §§ 507-527. Section numbers in the act map to P.S. numbers in order - Section 1 is § 507, Section 5 is § 511, Section 9.4 is § 515.4, Section 20 is § 526. Knowing that map lets you check any citation you meet.
- Regulations: 49 Pa. Code Chapter 7, adopted September 12, 1975 and amended many times since, most substantially on January 9, 2009 (39 Pa.B. 219). The chapter runs from § 7.1 (Definitions) to § 7.150 (Practice of massage therapy in cosmetology or esthetician salons).
- Rulemaking authority: § 11 of the act (63 P.S. § 517) plus § 506 of The Administrative Code of 1929 (71 P.S. § 186).
Recent amendments worth knowing
| Amendment | What it changed |
|---|---|
| Act 164 of 2022 (Nov. 3, 2022) | Added Section 9.4 (63 P.S. § 515.4), the salon floor-space standard |
| Act 100 of 2024 (Oct. 16, 2024) | Amended the booth-rental ban (§ 8.1), the escrow provision (§ 19(b)), and the civil-penalty provision (§ 20(c.2)) |
The Bureau of Professional and Occupational Affairs
The BPOA is the administrative arm of the Department of State that supports the Commonwealth's professional licensing boards. For estheticians it supplies four things:
- Licensing operations through the Pennsylvania Licensing System (PALS) at
pals.pa.gov. - Inspection and investigation. Bureau inspectors verify salon compliance; § 7.62(d) requires the owner or designated person in charge to be readily available in person to Bureau inspectors during regular business hours, and § 7.51(b) requires a pre-licensure inspection before a salon license issues.
- Prosecution. Board counsel draft and litigate Orders to Show Cause.
- Public records - license verification and disciplinary history through PALS.
Composition of the Board (63 P.S. § 507.1)
| Category | Number | Statutory criteria |
|---|---|---|
| Ex-officio | 2 | Commissioner of Professional and Occupational Affairs; Director of the Bureau of Consumer Protection in the Office of Attorney General, or a designee |
| Public members | 3 | Appointed by the Governor with the advice and consent of the Senate; represent the public at large |
| Professional members | 8 | Appointed by the Governor with Senate consent; at least five years practical and/or managerial experience in the majority of the practices of cosmetology, and actively engaged in the profession |
Two composition limits are easy exam targets: no more than one professional member may currently be employed as a vocational-education cosmetology teacher in the public schools, and no more than two may currently be affiliated with a private school of cosmetology. Anyone affiliated with a private cosmetology school within the three years before nomination may not be nominated.
Terms, holdover, and quorum
- Three-year terms after the initial staggered rotation described in § 507.1(b).
- No member may serve more than two consecutive terms.
- Holdover: members serve until a successor is appointed and qualified, but for no longer than six months.
- Quorum: seven members - a fixed number in the statute, not a floating majority of whoever is currently seated. The Board selects a chairman, a vice chairman, and a secretary from its own number.
Powers and Duties (63 P.S. § 519)
Section 13(a) gives the Board power to refuse, revoke, refuse to renew, or suspend licenses after due hearing, on proof of:
- violation of the act or the Board's regulations;
- gross incompetency;
- dishonest or unethical practices; or
- failing to submit to an inspection of a licensee's salon during the business hours of the salon.
That last clause is the statutory basis for salon inspections - refusing an inspector is itself a ground for discipline. The Board may also compel attendance of witnesses and production of books, records, and papers.
Two further subsections matter:
- § 519(b): the Bureau, after consulting the Board, contracts with a professional testing organization to prepare and administer the examination. That contract is why Pearson VUE, not the Board, writes and delivers your exam.
- § 519(c): the Board shall not reinstate a revoked license unless ordered by a court. A person whose license was revoked must apply for a license after a period of five years under section 12 of the act.
Section 14 (63 P.S. § 520) separately directs the Board to prescribe sanitary rules, which is where 49 Pa. Code §§ 7.90-7.101 come from.
Penalties: one $1,000 ceiling, plus summary criminal fines
This is the single most commonly mis-stated area of Pennsylvania cosmetology law, so read the statute rather than the folklore.
Civil penalty - 63 P.S. § 526(c.2) (amended by Act 100 of 2024). The Board may levy a civil penalty of up to $1,000 on:
- any current licensee who violates any provision of the act; and
- any person who practices cosmetology, nail technology, or esthetics without being properly licensed under the act.
The same ceiling covers both. There is no separate higher civil tier for unlicensed practice in this scheme. The Board may levy the penalty only after offering the accused a hearing under 2 Pa.C.S. (administrative law and procedure), and only by a vote of a majority of the authorized membership, or a majority of the qualified and confirmed membership, or a minimum of five members - whichever is greater.
Summary criminal penalties - 63 P.S. § 526(a), (b), (c), (c.1):
| Offense | Penalty |
|---|---|
| Practicing or teaching cosmetology without complying with the act (§ 526(a)) | Summary conviction; fine not exceeding $300 and/or imprisonment not exceeding 3 months |
| Practicing while knowingly suffering from a contagious or infectious disease, or knowingly serving an afflicted person (§ 526(b)) | Summary offense; fine ≤ $300 or imprisonment ≤ 30 days, or both |
| Infecting a person through carelessness or negligence in practice (§ 526(c)) | Summary offense; fine ≤ $300 or imprisonment ≤ 3 months, or both |
| Any violation of the act - unlicensed activity specifically (§ 526(c.1)) | First offense ≤ $300 or ≤ 3 months; second and subsequent ≤ $600 or ≤ 6 months, or both |
Act 48 of 1993 adds a separate schedule of fixed civil penalties at 49 Pa. Code § 43b.5, covered in section 2.3 of this guide. That schedule is the third named source for the state portion of your exam.
Administrative sanctions short of a fine
- Reprimand - written censure entered on the public record.
- Probation - continued practice under Board-imposed conditions.
- Suspension - a defined or indefinite bar on practice. Section 13(a) provides that a person whose license has been suspended may, on application, have it reissued on satisfactory proof that the disqualification has ceased.
- Revocation - cancellation, with the five-year reapplication bar of § 519(c).
Due process
The Board is an administrative agency subject to the Administrative Agency Law (2 Pa.C.S.) and the General Rules of Administrative Practice and Procedure (1 Pa. Code Part II). A contested matter runs: complaint → investigation → Order to Show Cause issued by Board counsel → answer → hearing before the Board or a designated hearing examiner → final adjudication and order → appeal to the Commonwealth Court of Pennsylvania.
[!WARNING] Exam trap. Prep material circulating online claims Pennsylvania imposes a $10,000 civil penalty on unlicensed cosmetology practice under an "Act 25." No such penalty exists in the Cosmetology Law. Section 20(c.2) sets one $1,000 ceiling that reaches licensees and unlicensed practitioners alike, and the criminal exposure for unlicensed practice is a summary offense with a fine of $300 (or $600 on a second offense), not a misdemeanor.
Regulatory Structure and Disciplinary Pathway
The diagram below shows the governance framework and the enforcement workflow.
A Bureau inspector finds an individual performing chemical exfoliation and extractions at a Philadelphia day spa who has never held any Pennsylvania cosmetology or esthetician license. What is the maximum civil penalty the State Board of Cosmetology may levy on that individual under the Cosmetology Law?
How is the Pennsylvania State Board of Cosmetology constituted, and how many members are needed for a quorum?
A Pittsburgh salon owner receives an Order to Show Cause alleging improper implement disinfection and wants to contest it. What forum and framework govern the proceeding, and what does the Cosmetology Law guarantee?