THE PUBLIC HEALTH ACT

REGULATIONS

(under section 14)

THE PUBLIC HEALTH (HAIRDRESSERS, BEAUTY THERAPISTS, COSMETOLOGISTS AND BEAUTY SALONS) REGULATIONS 2004

(Made by the Minister on the 14th day of May 2004)

PART I. Preliminary

1. These Regulations may be cited as the Public Health (Hairdressers, Beauty Therapists, Cosmetologists and Beauty Salons) Regulations, 2004.

2. In these Regulations- 

"barbershop" includes any shop, premises or property used predominantly for the business of a barber;

"beauty salon" includes any shop, premises or property used predominantly for the business of a cosmetologist, beauty therapist or hairdresser,

"beauty therapist" includes a person, not being a registered medical practitioner, cosmetologist, apprentice or a trainee: who carries on the business of massaging treating or otherwise tending the whole or any part of the hair, skin or limb of the human body for the purposes of beauty or health;

"cosmetologist" includes a person, not being a trainee, who carries on the business of applying make-up, coloring or any substance to the face, neck, hands or feet of any person for the purpose of beautifying, enhancing, or improving the features or conditions of the face, neck, hands or feet;

"premises" includes any property used for a beauty salon;

"professional training institution" includes any school, organization or company accredited by the National Council for Technical Vocational Education and Training which offers training for beauty therapists, cosmetologists or hairdressers.

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PART II Beauty Salons 

3. (1) A person shall not operate a beauty salon unless he has a valid license

(2) Any person who desires to open a beauty salon shall apply to the Local Board in the form set out as Form A 

(3) An application under paragraph (2) shall be accompanied by-

(a) the application fee specified in the Second Schedule; and

(b) two attested photographs of the applicant taken no earlier than one month prior to the date of the application.

(4) Where a person opens a beauty salon in which barbering takes place, the person shall pay the fee prescribed. 

(5) Whereapersonoperatesmorethanonebranchofabeautysalon, an application for a licence shall be made in respect of each branch.

(6) Where there is a change in the ownership or operation of a beauty salon the new owner or operator shall apply for a licence in accordance with paragraph (2).

4.-(1) On receipt of an application for a licence the Local Board shall require a Public Health Inspector or a person authorized in writing in that behalf to cany out an inspection of the beauty salon specified in the application

 

PART III. Beauty Therapists, Cosmetologists or Hairdressers

7. (1) A person shall not hold himself out to be, or perform the functions of a beauty therapist, &smetologist or hairdresser unless he has a valid license in the form, form set out as Form D in the First Schedule issued by the Local Board.

(2) An application for a Health Certificate shall be in the form

(a) produce to the operator of the beauty salon at the date of commencement of his employment, a valid licence issued by the Local Board;

(b) after the commencement of his employment, produce to the operator of the beauty salon at intervals of one year or such shorter period as may be required, a valid health certificate from the Medical Officer (Health) for the parish in which he works as to the state of his health;

(c) be free from any communicable disease;

(e) wear an apron of material that is washable and is worn on lyon the premises;

(f) cause any abrasion, cut or wound to be covered with a clean dressing,

(g) use the only medication in a powdered form to stop or stem a minor flow of blood from a customer and this shall only be applied with a disposable sterilized cotton wad.

12.-(1) Any person who is licensed to operate a beauty salon or to operate as a beauty therapist, cosmetologist or hairdresser may make an application to the local board for the renewal of that license-

(a) in the case of a beauty salon, in the form set out asForm F in the First Schedule;

(b) in the case of a beauty therapist, cosmetologist or hairdresser, in the form set out as Form G in the First Schedule,

 

PART IV. Renewal, Suspension and Revocation of Licences

13. (1) Where the Local Board is informed by a Public Health Inspector or person authorized in writing in that behalf that the holder of a Licence-

1. (a)  has contravened any provisions of the Act or these Regulations: or

2. (b)  has breached any condition of his license, the Local Board may suspend the licence.

(2) Where the Local Board intends to suspend a license under paragraph (1) it shall notify the holder thereof in writing of its intention specifying the contravention or breach, as the case may be, and the date. time and place at which a hearing into the suspension shall be held.

14.-(1) A license issued pursuant to these Regulations may be revoked if-

(a) subject to paragraph (5), the holder of that licence is found to be suffering from any mental illness or a communicable disease;

(b) that licence has been suspended on three occasions the twelve months preceding the revocation;

(c) the Local Board has reasonable cause to believe that information givcn by the applicant is false in a material particular;

(d) the Local Board has reasonable cause to believe that the continued operation of the beauty salon is not in the best interest of the public.

 

PART V. General

16. (1) Every person who operates a beauty salon shall keep at the beauty salon, a register of each person employed therein as a beauty therapist, cosmetologist, hairdresser or trainee.

(2) Each register shall contain-
(a) in respect of a person referred to in paragraph (1)- 

(i) his name and current address;

(ii) particulars of each Health Cemficateissued to him;

(iii) the number of the licence issued to him; and

(b) such other information which may be prescribed by the Local Board.

(3) Each register shall be open for inspection by the Local Board during the opening hours of the beauty salon.

 

PART VI. Appeals

18. - (1) Any person who is aggrieved by a decision of the Local Board to grant or not to grant a license, or to suspend or revoke a license may, in writing, appeal from that decision to the Minister.

(2) the minister may-

(a) dismiss the appeal and confirm the decision or order of the Local Board;

(b) allow the appeal and set aside the decision or order;

(c) set aside the decision or order and in substitution therefor, make such other decision or order as it thinks proper.

(3) Any person who intends to appeal to the Minister pursuant to paragraph (1) shall give notice of that intention within fourteen days of the communication of the decision or order to the Local Board,and where notice of appeal has been so given, the decision or order to which the appeal relates shall, unless the Local Board otherwise orders, pending the hearing of the appeal, not take effect until the appeal is determined.

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