The Oklahoma State Board of Cosmetology and Barbering adopted emergency rules that clarify which crimes may disqualify a person from holding a license and provide for an appeals process. The rules also elaborate on the initial license determination process. The new emergency rules are effective January 16, 2023, and affect all licensed cosmetologists, barbers, estheticians/facialists/facial operators, hairdressers, manicurists, and hair braiding technicians. ASCP has summarized the rules for you below.
Disqualifying Criminal History
The misdemeanors and felonies in the list below may disqualify an individual from holding a license because they relate to the practice of barbering, cosmetology, and associated professions, and pose a threat to public safety, health, and/or welfare.
- Crimes involving fraud, theft, lying, falsification, and/or deception:
Licensed professionals are allowed to provide services in a client’s home or be unsupervised in the salon. As such, they may have access to clients’ financial information and valuables (credit cards, checks, cash, jewelry, etc.) Licensed professionals may also have access to personal health information from intake forms, and therefore, medications and prescriptions.
- Crimes involving violence and/or threatening behavior, including sexual misconduct:
Some licensed professionals provide services to semi-clothed or undressed clients (waxing, body sugaring, body wraps, etc.) As a result, these clients are vulnerable to exploitation.
Initial License Determination
A person who has pleaded guilty, nolo contendere, or has been convicted of a crime on the lists above, or who has a criminal charge pending, may request an initial determination. An initial determination establishes whether a person’s criminal history may disqualify them from licensure. An initial determination can be requested any time; before educational training or applying for an exam. The new rules outline what information a person should submit when requesting an initial determination:
- The nature and seriousness of the offense
- The amount of time that has passed since the offense
- The age of the person at the time the offense was committed
- The circumstances of the offense
- The specific duties and responsibilities for which the license is required
- Other supporting documentation relating to rehabilitation, treatment, mandatory supervision, community supervision, parole, professional work conduct, personal testimonials or reference statements, etc.
Note: A person who has pleaded guilty, nolo contendere, or has been convicted of a crime on the lists above, or who has a criminal charge pending, may not be eligible for licensure for a period of at least five years from the date of conviction, plea, or release from incarceration, whichever is later.
Effective: January 16, 2023.
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