Board of Cosmetologists Minutes _August 2, 2010

A meeting of the State Board of Cosmetologists was held on Monday, August 2, 2010 in the 2nd floor conference room, Department of Labor, Licensing and Regulations Building, 500 N Calvert Street, Baltimore, Maryland 21202.

The following members were in attendance:

Ms. Marie S. Wallace, Consumer Member, Chairperson

Ms. Maxine Sisserman, School Owner Member

Mr. Phillip Mazza, Industry Member

Ms. Carmel Owens, Industry Member

Ms. Sharon Bunch, Consumer Member

Ms. Clairee Britt-Cockrum, Industry Member

Ms. Ellen Trujillo, Industry Member

Also in attendance:

Mr. Robert Wood, Executive Director

Mr. Brian Logan, Assistant Executive Director

Mr. Bruce Spizler, Senior Assistant Attorney General

Ms. Erlene Curtis, Board Secretary

Meeting was called to order

The meeting was called to order at 9:55 a.m. by Chairperson Ms. Marie S. Wallace.

Approval of Agenda

A motion was made by Ms. Clairee Britt-Cockrum and seconded by Mr. Phillip Mazza to approve the August 2, 2010 agenda with minor corrections including additional items being added; and the Board voted unanimously to approve.

Approval of Minutes

Following the notation of several corrections, a motion was made by Ms. Clairee Britt-Cockrum to approve the minutes of the July 12, 2010 meeting; Ms. Sharon Bunch seconded the motion; and the Board voted unanimously to approve.

New Business:

Informal Conference – Christina Rogers Conviction Renewal

An informal conference was scheduled for Ms. Christina Rogers, who is applying for renewal of her cosmetologist license. On her application, Ms. Rogers disclosed a previous criminal conviction. Ms. Rogers failed to appear at today’s conference. The Board noted that this was the fourth time Ms. Rogers failed to appear at a meeting of the Board; although, on each occasion, the Board provided Ms. Rogers with a written notice to do so. A motion was made by Mr. Mazza that the Board deny Ms. Rogers’ application for licensure as a Cosmetologist; that, if Ms. Rogers wishes the Board to further consider her application, within 30 days, she must request the Board to conduct a formal hearing to do so; and, in addition, that Ms. Rogers be notified that she is not to perform any Barber or Cosmetology services in the absence of a license. The motion was seconded by Mrs. Maxine Sisserman, and was passed unanimously. .

Informal Conference – Cecelia Young Conviction Review

Ms. Cecelia Young appeared before the Board at its July 12, 2010 meeting to discuss a previous conviction. Ms. Young had made inquiry as to whether her previous criminal conviction would constitute grounds to deny her application for a Cosmetology license once she completed her training and passed the Board’s examination. The Board advised Ms. Young that it would make such a determination at this time (prior to training and testing) considering that Ms. Young’s tuition will be paid through a grant. However, at the July 12, 2010 meeting, Ms. Young did not present any documentation regarding the conviction. Accordingly, the Board was unable to make a determination at that time and requested Ms. Young to provide the Board with true test copies of documentation regarding this conviction at its next meeting. At the meeting this date, Ms. Young again appeared before the Board, this time with the requested documentation. She explained the events which led to the conviction and the consequences which resulted. Ms. Clairee Britt-Cockrum made a motion that this criminal conviction of Ms. Young not serve as a bar to her licensure as a cosmetologist if she successfully completes her cosmetology training and passes the Board’s examination. The motion was seconded by Ms. Sharon Bunch and was passed unanimously.

Old Business

Newly Enacted Statutes

The Board conducted further discussion regarding the new laws which were effectuated July 1, 2010 and the reporting to the General Assembly of the changes on or before October 1, 2010, specifically:

Curriculum Standards:

The Board has been mandated to adopt regulations that establish detailed curriculum standards for use by the State Board of Education or the Maryland Higher Education Commission in approving applications for instruction in the practice of cosmetology. The Board has created a subcommittee who will establish the detailed curriculum standards and report back to the Board with their recommendations. Ms. Sisserman will head this committee with the assistance of Ms. Britt-Cockrum.

Apprentice Program:

The Board continued discussion of the recommendations made by the Apprentice Subcommittee Workgroup setting forth 13 proposed changes in the Apprentice Program. The workgroup recommended establishing a processing fee for an Apprentice Seminar which will be a requirement for licensure of the apprentice. After further discussion and deliberations the Board decided that it was not desirous of establishing a processing fee but that a mandatory orientation be established and attended as a condition of an apprentice obtaining licensure.

The Board discussed the recommendation by the workgroup to increase the licensing fee for the apprentice license from $10.00 to $50.00 noting the intent of such an increase would be to discourage those individuals who are not desirous of completing the program from applying. After further discussion and deliberations the Board voted unanimously to raise the licensing fee for the apprentice license to $50.00.

The Board discussed the recommendation set forth by the subcommittee which would prohibit a sponsor or salon owner from charging an apprentice to train and noting that such activity would be grounds for barring a sponsor or salon owner from future participation in the apprentice program. Board Counsel Bruce Spizler advised that if the Board was displeased with the notion that an apprentice is being charged to train, then the Board could adopt regulations prohibiting the practice. After discussion and holding deliberations, a motion was made by Mr. Mazza, and seconded by Ms. Trujillo to promulgate a regulation that prohibit a sponsor or salon owner from charging an apprentice for training; and the Board voted unanimously to approve.

Prometric Meeting

The Board’s staff advised the Board that Mr. Andy Parker is the new client services manager at Prometric. Mr. Parker held a conference call with the Board’s staff and Board Member Maxine Sisserman on July 20, 2010 and was brought up to date on the changes in the exam and the blood spill procedure being added as a critical item on the exam.

In order to update the schools of the impending changes, an informational school meeting will be scheduled on August 16, 2010 for the school representatives to attend and ask questions. Ms. Wallace inquired if this retreat was an annual requirement of the test vendor to provide. The Board’s staff confirmed that a yearly retreat is required of the vendor as part of the contract and it was not until the most recent award of the current contract was awarded that the decision was made to conduct the yearly retreat.

Board Elections

Pursuant to §5-203, Business Occupations and Professions Article, the Board members unanimously approved Mr. Phillip Mazza as the Chairman of the Board; and unanimously approved Ms. Clairee Britt-Cockrum as the Vice Chairperson.

Farewell to Chairperson - Mrs. Marie Wallace

Upon being advised that its Chairman, Mrs. Marie Wallace, would be terminating her tenure with the Board, and that this would be her last meeting, the Board and its staff individually expressed their sincere appreciation for Mrs. Wallace for her many years of dedicated and extraordinary service; noting, among other things, the outstanding leadership she had provided to this Board over the years. Best wishes were extended to Mrs. Wallace by all for health and happiness in her retirement.

Adjournment

There being no further business, at 1:35 p.m., Mr. Phillip Mazza made a motion to adjourn the meeting; seconded by Ms. Carmel Owens. The meeting adjourned at 1:35 p.m.

Approved By:

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Phillip S. Mazza, Chairman