Chapter 15 - Beauty Culture

Chapter 15 - Beauty Culture

31.1501 Short title.


This chapter will be known as the “Beauty Culture Act of 1983.”

31.1502 Definitions.


As used in this chapter unless the context clearly requires otherwise:

(a) “Beauty shop or salon” means any premises upon or within which is practiced either of the classified occupations.

(b) “Board” means the American Samoa Board of Cosmetology.

(c) “Classified occupations” means the occupation of hairdresser and cosmetician.

(d) “Cosmetician” means any operator or person who, with hands or mechanical or electrical apparatus or appliances, or by use of cosmetic preparations, antiseptics, tonics, lotions, or creams, engages for compensation in any one or any combination of the following practices: massaging, cleansing, stimulating, manipulating, exercising, beautifying, or doing similar work upon the scalp, the face, neck, arms, bust, or upper part of the body, or manicuring the nails, or removing of superfluous hair, by the use of electricity or otherwise, about the body of any person.

(e) “Hairdresser” means any person who for compensation engages in any one or any combination of the following practices: arranging, dressing, curling, waving, cleansing, cutting, singeing, bleaching, coloring, or similar work upon the hair of another person.

(f) “Operator” means a hairdresser or cosmetician.

(g) “Apprentice cosmetician” means any person who, working under the supervision of a U.S. licensed cosmetician, and who, with hands or mechanical or electrical apparatus or appliances, or by use of cosmetic preparations, antiseptics, tonics, lotions, or creams, engages for compensation in any one or any combination of the following practices; massaging, cleansing, stimulating, manipulating, exercising, beautifying, or doing similar work upon the scalp, the face, neck, arms, or upper part of the body, or manicuring the removing of superfluous hair.

(h) “Apprentice hairdresser” means any person who, working under the supervision of a U.S. licensed hairdresser, and who for compensation engages in any one or any combination of the following practices: arranging, dressing, curling, waving, cleansing, cutting, bleaching, coloring, or similar work upon the hair of another person.

(i) “Applicant” means any person who files an application to obtain an apprentice hairdresser or apprentice cosmetician’s or cosmetician or operator’s license.

(j) “U.S.” refers to the United States or any state or territory of the United States.

31.1502.1 Board-Appointment.


There is established an American Samoa Board of Cosmetology consisting of 5 members appointed by the Governor for staggered, 3 years terms. At least 2 members must be operators licensed to practice in the Territory. The Board elects a chairman from its members and meets quarterly or more frequently at the call of the chairman. The Office of Economic Development and Planning provides administrative and staff services for the Board. The Department of Legal Affairs provides legal assistance to the Board.

31.1502.2 Board-Powers and duties.


(a) The Board shall:

(1) adopt administrative rules pursuant to 4.1001 et seq. to implement this chapter; and

(2) periodically recommend to the Legislature changes in this chapter to reflect the new developments in the practice of operators; and

(3) provide for written examinations as required by this chapter; and

(4) establish reasonable license fees and deposit those fees in the general fund.

(b) The Board may:

(1) provide by rule for the continuing education of persons licensed under this chapter.

31.1502.3 Licensing-Requirement.


(a) A person may not practice a classified occupation without a license issued in accordance with this chapter.

(b) A person may not maintain a beauty shop or salon without a license issued in accordance with this chapter.

31.1503 Licensing.


(a) The Board shall issue a license for an operator or apprentice hairdresser or apprentice cosmetician to each person who furnishes the required certification that is a U.S. license or the certification is equivalent to a U.S. license, pays the proper fee, and meets all of the other requirements of this chapter.

(b) The certificate shall state specifically the occupation for which the person is licensed, be signed by the chairman of the Board, and be posted above the station of each person licensed.

(c) The Board shall establish reasonable license fees, not to exceed $25 a year, for operators, apprentice hairdressers, and apprentice cosmeticians.

(d) Licenses issued under this section expire each December 31st, but may be renewed upon application to and approval by the Board.

31.1504 Licensure of operators.


The Board shall determine the sufficiency of the preliminary qualifications of applicants for licensure. The following qualifications are sufficient:

(a) An operator may be licensed as a hairdresser and cosmetician provided the person is of good moral character; and

(1) is currently licensed to practice hairdressing and cosmetology in any state of the United States and has practiced as an operator for 3 out of the 5 years immediately preceding the application for licensure; or

(2) is licensed under paragraphs (1) and has successfully completed a Board approved refresher course at an accredited school within one year preceding application to the Board.

(3) Any amendment to this section shall not apply to or effect licenses issued prior to the effective date of any amendment or to the renewal of said licenses.

(b) A person may be licensed as an apprentice hairdresser or apprentice cosmetician if the Board determines an applicant has satisfied the following:

(1) a completed current application;

(2) a valid current license or certification from the United States or any country whose licensing standards are equivalent to that of the United States;

(3) a letter by a licensed operator of a salon, confirming the operator will sponsor the applicant, that the applicant person has been offered employment by a licensed operator, and the applicant will be working under the supervision of the operator; and

(4) two reference letters from residents of the Territory stating that applicant is of good moral character.

(c) The Board may conditionally license persons as operators who substantially comply with the qualifications under subsection (a).

31.1505 Licensure of beauty salons.


(a) A license for a beauty salon may be secured by filing an application with the Board and fulfilling the following requirements:

(1) that the salon meets the standards of sanitation required by the rules of the Department of Health, as certified by the Director of Medical Services;

(2) that there is a Board licensed operator working full time in the salon; and

(3) that it is adequately equipped for the practices in which it engages as certified by the Board.

(b) All licenses for salons expire on 31 December next following the date of issue, but may be renewed on the date of expiration.

(c) The annual license fee for salons is $25.

31.1507 Grounds for refusal, revocation, or suspension of certificate.


(a) The Board may refuse to grant, renew, reinstate, or restore any license required under this chapter, whether covering the licensure of an operator or beauty salon, apprentice hairdresser, or apprentice cosmetician, for any cause which could be grounds for revocation of a license under this section. The Board may, nevertheless, renew, reinstate, or restore any license when it determines that action is just and may be done consistently with the accomplishment of the purposes of this chapter.

(b) The Board may revoke or suspend any license, whether operator or beauty salon for any of the following causes:

(1) professional misconduct, gross carelessness, or manifest incapacity;

(2) conviction of a crime involving moral turpitude;

(3) violation of any of the provisions of this chapter or the rules promulgated pursuant thereto or any other law which applies to him in the occupation covered by the license;

(4) making any false representation or promise, through advertising or otherwise, or in any manner dealing fraudulently or dishonestly in the occupation covered by the license;

(5) habitual intemperance in use of alcoholic beverages or addiction to the use of narcotic drugs;

(6) failing to display the license as provided in this chapter.

31.1508 Right to hearing-Procedure.


(a) In every case where it is proposed to refuse to grant, renew, reinstate, or restore a license or to revoke or suspend the exercise of one for any of the causes enumerated in 31.1507, the person affected by that action must be given notice and opportunity for hearing in conformity with 4.1001 et seq.

(b) At the hearing the Board has the power to administer oaths, compel the attendance of wit-nesses and the production of documentary evidence, examine witnesses and make decisions re-garding evidence offered.

(c) In the event any person disobeys any order of the Board, or of any subpoena issued by the Board, or the refusal of any witness to testify to any matter regarding which he may lawfully be questioned, the Board may apply to the High Court of American Samoa, which shall compel obedience as in the case of disobedience of the requirements of a subpoena issued by the High Court of American Samoa, or a refusal to testify therein; provided, however, that such order was not arbitrary, capricious or unreasonable.

31.1509 Investigation of violations.


(a) The Board may investigate any violation or suspected violation of this chapter.

(b) The Board may administer oaths in connection with the investigation.

31.1510 Prosecution of violations.


The Board shall assist in the prosecution of persons charged with violations of this chapter.

31.1511 Violation-Penalty.


(a) In addition to provisions contained in this chapter relating to powers of the Board, any person who practices any of the occupations, maintains a beauty salon, or acts in any capacity wherein a license is required, without a license as provided in this chapter, commits a crime punishable as a class B misdemeanor.

(b) Each day of violation shall be construed a separate offense.