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§ 526. Penalties

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: September 5, 2006

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 16. Beauty Culture (Refs & Annos)
Effective: September 5, 2006
63 P.S. § 526
§ 526. Penalties
(a) Any person who shall practice or teach cosmetology, or act in any capacity wherein licensing is required, without complying with this act, shall upon conviction, in a summary proceeding, be sentenced to pay a fine not exceeding three hundred dollars ($300.00), and/or shall be sentenced to imprisonment not exceeding three (3) months.
(b) An individual holding a cosmetology license or limited license or individual registered as an apprentice who shall practice while knowingly suffering from contagious or infectious disease, or who shall knowingly serve any person afflicted with such disease, shall be guilty of a summary offense, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding three hundred dollars ($300.00), or undergo an imprisonment not exceeding thirty (30) days, or both, at the discretion of the court.
(c) An individual holding a cosmetology license or limited license or individual registered as an apprentice who shall infect any person, or who shall impart any contagious or infectious disease, by reason of carelessness or negligence in practice, shall be guilty of a summary offense, and, upon conviction, shall be sentenced to pay a fine not exceeding three hundred dollars ($300.00), or to undergo an imprisonment not exceeding three months, or both, at the discretion of the court.
(c.1) Any person, partnership or corporation violating any provision of this act shall, upon conviction for the first offense, be sentenced to pay a fine not exceeding three hundred ($300.00) or to undergo imprisonment not exceeding three (3) months and shall, upon conviction for the second and subsequent offenses, be sentenced to pay a fine not exceeding six hundred dollars ($600.00) or to undergo imprisonment not exceeding six (6) months, or both. This section specifically governs unlicensed activity in the practice of cosmetology.
(c.2) In addition to any other civil remedy or criminal penalty provided for in this act, the board, by a vote of the majority of the maximum number of the authorized membership of the board as provided by this act or by a vote of the majority of the qualified and confirmed membership or a minimum of five members, whichever is greater, may levy a civil penalty of up to one thousand dollars ($1,000.00) on any current licensee who violates any provisions of this act or on any person who practices cosmetology, natural hair braiding, nail technology or esthetics without being properly licensed to do so under this act. The board shall levy this penalty only after affording the accused party the opportunity for a hearing, as provided in Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure).
(d) All fines and civil penalties imposed in accordance with this section shall be paid into the Professional Licensure Augmentation Account.
(e) The owner of any salon employing an unlicensed cosmetologist or an unlicensed natural hair braider, nail technician or esthetician shall, upon conviction, be sentenced to pay a fine not exceeding five hundred dollars ($500.00), or to undergo imprisonment not exceeding six (6) months, or both, at the discretion of the court.

Credits

1933, May 3, P.L. 242, No. 86, § 20. Amended 1945, May 3, P.L. 412, § 5; 1968, July 20, P.L. 442, No. 208, § 7, effective in 90 days; 1984, June 30, P.L. 479, No. 100, § 27, effective July 1, 1984; 2002, June 29, P.L. 645, No. 98, § 8, imd. effective; 2006, July 7, P.L. 704, No. 99, § 15, effective in 60 days [Sept. 5, 2006].
63 P.S. § 526, PA ST 63 P.S. § 526
Current through 2022 Regular Session Act 96. Some statute sections may be more current, see credits for details.
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