Administrative Rule 20:42:07 | South Dakota Legislature

20:42:07:01. Inspection of salons offering training of apprentices. Any salon in which apprentice training is to be given must comply with the following:

(1) Be inspected, approved, and licensed as an apprentice salon by the commission before beginning any apprentice training;

(2) Submit to regular inspection by the commission or its employees as the commission considers necessary. All records and other information pertaining to the apprentice must be made available to the commission at the time of inspection; and

(3) Comply with all health and safety rules relating to premises, facilities, and equipment for licensed salons and provide all equipment required for cosmetologists or nail technicians in the salon for each apprentice working there.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; 29 SDR 76, effective July 1, 2003; 31 SDR 62, effective November 4, 2004.

General Authority: SDCL 36-15-13(5).

Law Implemented: SDCL 36-15-42.1.

Rule 20:42:07:02 Facilities and equipment required for salons offering training of cosmetologist or nail technician apprentices.

20:42:07:02. Facilities and equipment required for salons offering training of cosmetologist or nail technician apprentices. In addition to the equipment required in §§ 20:42:06:01 to 20:42:06:01.03, inclusive, any salon in which apprentice training is to be given must furnish a classroom separate from all rooms used by clients and staff that is equipped with whiteboards, sufficient tables and chairs, reference materials, lesson plans, and audiovisual aids for use in apprentice training.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013.

General Authority: SDCL 36-15-13(5)(10).

Law Implemented: SDCL 36-15-46.

Rule 20:42:07:03 Notice to public -- Price list.

20:42:07:03. Notice to public -- Price list. Each salon in which apprentice training is being given must display a notice clearly visible to the public stating that apprentice training is given there and must display with the notice a price list of charges for all services rendered by apprentices.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003.

General Authority: SDCL 36-15-13(10).

Law Implemented: SDCL 36-15-46.

Rule 20:42:07:04 Repealed.

20:42:07:04. Persons eligible for apprentice training.Repealed.

Source: SL 1975, ch 16, § 1; repealed, 6 SDR 10, effective August 12, 1979.

Rule 20:42:07:05 Approved textbooks.

20:42:07:05. Approvedtextbooks. The textbooks approved for the instruction of apprentices are found in § 20:42:06:05. Other materials and books may be used to supplement these textbooks.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003.

General Authority: SDCL 36-15-13(10).

Law Implemented: SDCL 36-15-46.

20:42:07:06. Apprentice training in cosmetology. Each cosmetology salon in which cosmetology apprentice training is being given shall comply with the following:

(1) An apprentice may perform cosmetology services on a client only after the apprentice has completed 225 hours in the classroom, studying theory, watching demonstrations, and practicing on non clients;

(2) Each apprentice shall receive a total of 1500 hours of training during the apprenticeship; and

(3) Each apprentice shall receive at least 40 hours of training each week, but no more than ten hours a day. Vacation days and sick days are allowed in accordance with commission policy.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 25, effective August 26, 1996; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003; 45 SDR 31, effective September 10, 2018; 48 SDR 60, effective December 6, 2021.

General Authority: SDCL 36-15-13(10).

Law Implemented: SDCL 36-15-45, 36-15-46, 36-15-47.

20:42:07:06.01. Apprentice training in nail technology. Each cosmetology or nail salon in which nail technician apprentice training is being given shall comply with the following:

(1) An apprentice may perform nail technology services on a client only after the apprentice has completed 60 hours in the classroom, studying theory, watching demonstrations, and practicing on non clients;

(2) Each apprentice shall receive a total of 400 hours of training during the apprenticeship; and

(3) Each apprentice shall receive at least 40 hours of training each week, but no more than 10 hours a day. Vacation days and sick days are allowed in accordance with commission policy.

Source: 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003; 48 SDR 60, effective December 6, 2021.

General Authority: SDCL 36-15-13(10).

Law Implemented: SDCL 36-15-45, 36-15-46, 36-15-47.

20:42:07:06.02. Apprentice training in esthetics. Each cosmetology or esthetics salon in which esthetics apprentice training is being given shall comply with the following:

(1) An apprentice may perform esthetics services on a client only after the apprentice has completed 110 hours in the classroom, studying theory, watching demonstrations, and practicing on non clients;

(2) Each apprentice shall receive a total of 600 hours of training during the apprenticeship; and

(3) Each apprentice shall receive at least 40 hours of training each week, but no more than 10 hours a day. Vacation days and sick days are allowed in accordance with commission policy

Source: 48 SDR 60, effective December 6, 2021.

General Authority: SDCL 36-15-13(4)(10)(17).

Law Implemented: SDCL 36-15-45, 36-15-46, 36-15-47.

20:42:07:07. Apprentice curriculum. Each apprentice salon instructing an apprentice shall comply with the following curriculum requirements:

(1) Cosmetology apprentice: § 20:42:06:09;

(2) Nail technology apprentice: § 20:42:06:09.01; and

(3) Esthetics apprentice: § 20:42:06:09.02.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 23 SDR 25, effective August 26, 1996; 24 SDR 2, effective July 23, 1997; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013; 45 SDR 31, effective September 10, 2018; 48 SDR 60, effective December 6, 2021.

General Authority: SDCL 36-15-13(4)(10)(17).

Law Implemented: SDCL 36-15-45, 36-15-46.

20:42:07:07.01. Apprentice curriculum in nail technology. Repealed.

Source: 24 SDR 2, effective July 23, 1997; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013; 45 SDR 31, effective September 10, 2018; 48 SDR 60, effective December 6, 2021.

Rule 20:42:07:08 Repealed.

20:42:07:08. Apprentice curriculum -- Additional instruction.Repealed.

Source: SL 1975, ch 16, § 1; repealed, 6 SDR 10, effective August 12, 1979.

Rule 20:42:07:09 Apprentice records and reports available for inspection by the commission.

20:42:07:09. Apprentice records and reports available for inspection by the commission. An instructor training an apprentice must have available for inspection by the commission the following records and reports relating to the apprentice:

(1) A daily record showing hours of attendance and time devoted to each curriculum subject, and the instructor giving the instruction;

(2) Worksheets and notebooks of the apprentice; and

(3) Upon completion of training, a resume of the weekly reports giving total hours of each curriculum subject, showing the theoretical and practical time.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986l; 23 SDR 25, effective August 26, 1996; 29 SDR 176, effective July 1, 2003; 45 SDR 31, effective September 10, 2018.

General Authority: SDCL 36-15-13(11).

Law Implemented: SDCL 36-15-47, 36-15-48.

Rule 20:42:07:10 Apprentice records and reports mailed to the commission.

20:42:07:10. Apprentice records and reports mailed to the commission. Any instructor training an apprentice shall send to the commission the following records and reports relating to the apprentice:

(1) Weekly reports listing the total hours of instruction and number of hours devoted to each curriculum item by the apprentice, divided into theoretical and practical hours. The report shall be certified by an instructor who shall attest that the listed hours as shown on the weekly report were in fact completed by the apprentice and that this was done under the constant supervision, control, and direction of a licensed instructor. The report shall name the instructor of the curriculum hours listed. The report shall be mailed to the commission office not later than the fourth day following any calendar week of training;

(2) If an apprentice discontinues training, it shall be reported by the instructor to the executive director of the commission at the time of discontinuance. The instructor shall submit a record of the training completed by curriculum hours divided into theoretical and practical; and

(3) The instructor in charge of an apprentice shall provide any other information requested by the commission.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 18, effective August 15, 1999; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 45 SDR 31, effective September 10, 2018.

General Authority: SDCL 36-15-13(11).

Law Implemented: SDCL 36-15-47, 36-15-48.

Rule 20:42:07:11 Apprentice training inspection.

20:42:07:11. Apprentice training inspection. The training of an apprentice is subject to inspection by any member of the commission or by its employees. The inspection may include the checking of all apprentice records at the place of training and a review of the work of the apprentice, including practical work on a model or simulated human head or hands, as applicable. The apprentice may demonstrate work required during an inspection.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003.

General Authority: SDCL 36-15-13(11).

Law Implemented: SDCL 36-15-14, 36-15-48.

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