7.3 Temporary Licenses and Display
Key Takeaways
Under Cosmetology Law Section 12.1 and 49 Pa. Code § 7.32g, a temporary license may be issued to an applicant who is eligible for the limited-license examination and who pays the examination fee set by the testing organization and the license fee in § 7.2, so the applicant may practice pending a passing grade.
A temporary license is valid for 9 months. A temporary nail technician practices under a licensed cosmetology teacher, a cosmetologist, a nail technology teacher, or the holder of a nail technician license.
Section 18 requires every license holder to display the license in a conspicuous place in the principal office, place of business, or employment. Section 7.41 requires the salon license and the school license to be displayed conspicuously, and the individual license to be readily available for inspection.
The Act 48 schedule in 49 Pa. Code § 43b.5 lists availability of current licenses and permits on the premises, under 63 P.S. § 524, as a civil penalty of $100 for a first offense and $250 for a second offense.
Who may hold a temporary license
Cosmetology Law Section 12.1 and 49 Pa. Code § 7.32g govern the temporary license. A temporary license may be issued to an applicant who is eligible for admission to the limited-license examination and who pays the examination fee set by the professional testing organization and the license fee prescribed in § 7.2. The regulation states the purpose in one sentence. A temporary license allows an otherwise qualified applicant to practice pending that applicant's scoring a passing grade on the examination.
Nine months is the life of the document. Section 12.1 grants temporary licenses for a nine-month period. Section 7.32g(b) states that a temporary license is valid for 9 months. At the end of those 9 months, that temporary authority ends. A score report from an early sitting is a different document. Passing at 150 hours does not itself authorize practice. The temporary license is the authority to practice while a passing grade is still pending, and the holder practices on the supervision terms below.
The four supervisors for nails
Section 7.32g(c) gives the temporary limited-license holder a closed supervision list. The holder practices under the supervision of a licensed cosmetology teacher, a cosmetologist, a limited practice teacher in the corresponding limited practice field, or the holder of a corresponding limited license.
For nail technology, the corresponding field is nails. The corresponding teacher is a nail technology teacher, the limited practice teacher licensed to instruct in nail technology. The corresponding limited license is a nail technician license. An esthetician holds a limited license in a different field, esthetics, so an esthetician is not a corresponding supervisor. A receptionist, a salon owner who holds none of the four licenses, and another student are outside the list.
Section 7.1 defines a limited practice teacher as a teacher licensed by the Board to provide instruction in one limited practice field only. The nail technology teacher is the matching teacher.
The statutory display duty
Cosmetology Law Section 18 states that every holder of a license granted under the act shall display it in a conspicuous place in the holder's principal office, place of business, or employment.
The inspection rule in § 7.41
49 Pa. Code § 7.41 states a specific rule for each kind of license. This is the operational split candidates miss on a state item.
| License | What § 7.41 requires |
|---|---|
| Salon license | Displayed in a conspicuous place within the business premises |
| Individual license | Readily available for inspection by the public or representatives of the Board at the place of business or employment |
| School license | Displayed in a conspicuous place within the premises of the school |
The salon license is posted so that it can be seen within the business premises. The school license is posted in the school. The individual license, including a nail technician license and a temporary license the holder is using, is readily available at the place of business or employment. Readily available means a member of the public or a representative of the Board can inspect it there. Neither rule requires a frame at the manicure station.
Read the two individual-license rules together. Section 18 of the statute says every license holder shall display the license in a conspicuous place in the principal office, place of business, or employment. Section 7.41(b) adds that the individual license must be readily available for inspection. A regulation cannot relax a statute, so the safe practice is to post the current license where clients can see it at the place of employment, such as the reception wall, and keep it available for an inspector. A license tucked in a folder may be producible on request, but it is not displayed in a conspicuous place. A salon license in a closed drawer fails § 7.41(a).
The Act 48 amount for licenses on the premises
49 Pa. Code § 43b.5 is the Act 48 schedule of civil penalties for cosmetologists, nail technicians, estheticians, natural hair braiders, and salons. For availability of current licenses and permits on the premises, under 63 P.S. § 524, the schedule lists $100 for a first offense and $250 for a second offense.
Scenario: month four, a receptionist, and a closed drawer
Denise holds a temporary nail technician license issued four months ago, so the 9-month period is still running. She is eligible for the limited-license examination and has paid the examination fee set by the testing organization and the license fee in § 7.2. On Tuesday the only other person in the nail salon is the receptionist. An esthetician works in the next suite and is not supervising Denise. The salon license is in a drawer in the back office. Denise's temporary license is in a folder at the front desk, and she can hand it to a representative of the Board.
Denise can produce her temporary license, which meets the readily-available wording of § 7.41(b). A folder is not the conspicuous display Section 18 requires, so she posts the license at the front of the salon. The salon license is not displayed in a conspicuous place within the business premises, which is the § 7.41(a) rule. Supervision is a separate condition. The receptionist is not a cosmetology teacher, a cosmetologist, a nail technology teacher, or a nail technician. The esthetician holds a limited license in a different field, so that license is not the corresponding limited license for nail technology. Denise practices under one of the four supervisors in § 7.32g(c).
Which statement describes a temporary nail technician license under Section 12.1 and 49 Pa. Code § 7.32g?
No supervisor is needed once the exam fee is paid, and it lasts until the holder renews.
Any salon employee supervises, it lasts 30 days, and a pass at 150 hours ends supervision.
It lasts 9 months pending a passing grade, under a listed licensed supervisor for nails.
An esthetician must supervise, and the temporary license lasts until the holder is 21.
Under 49 Pa. Code § 7.41, how are the salon license and the individual nail technician license handled at the place of business?
The salon license is posted conspicuously; individual licenses are available for inspection.
Only a school license has a display rule, so a nail salon may keep both licenses off site.
Both licenses are locked in a private office that clients cannot see and inspectors cannot open.
Each technician frames a license at the station, and the salon license may stay at the owner's home.
What civil penalty does 49 Pa. Code § 43b.5 list for availability of current licenses and permits on the premises under 63 P.S. § 524?
A warning for the first offense and formal action for the second offense.
$100 for the first offense and $250 for the second offense.
$500 for the first offense and formal action for the second offense.
$50 for the first offense and $100 for the second offense.
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