WILLIAM DONALD SCHAEFER, Governor

Ch. 3

Defined terms: "Board" § 5-101
"Practice cosmetology" § 5-101
"State" § 1-101

5-313. SAME -- LICENSE TO TEACH.

(A)  IN GENERAL.

SUBJECT TO THE PROVISIONS OF THIS SECTION, THE BOARD MAY
WAIVE ANY EXAMINATION REQUIREMENT OF THIS SUBTITLE FOR AN
INDIVIDUAL WHO IS LICENSED TO TEACH COSMETOLOGY IN ANOTHER STATE.

(B)  CONDITIONS.

THE BOARD MAY GRANT A WAIVER UNDER THIS SECTION ONLY IF THE
APPLICANT:

(1) PAYS TO THE BOARD THE APPLICATION FEE REQUIRED
UNDER § 5-310 OF THIS SUBTITLE; AND

APPLICANT:

(2) PROVIDES TO THE BOARD ADEQUATE EVIDENCE THAT THE

(I)  MEETS THE QUALIFICATIONS OTHERWISE REQUIRED
UNDER THIS SUBTITLE; AND

(II)  BECAME LICENSED IN THE OTHER STATE AFTER
PASSING, IN THAT OR ANY OTHER STATE, AN EXAMINATION THAT IS
SIMILAR TO THE EXAMINATION FOR WHICH THE APPLICANT IS SEEKING THE
WAIVER.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 56, §
484(b).

In subsection (a) of this section, the former
reference to a "possession, or territory of the United
States, the District of Columbia, or Puerto Rico" is
deleted as unnecessary in light of the definition of
"state". This deletion also avoids the anomaly in
former Art. 56, § 484(b), which, in one instance,
referred to a "possession ... or Puerto Rico" but
elsewhere used only the word "state". Compare former
§ 484(b)(1) with (b)(2)(ii)2.

In subsection (b)(2)(ii) of this section, the phrase
"in ... any other state" is added to provide expressly
that the Board may waive the examination requirements
for a cosmetology teacher on the basis of a license
that, in turn, was acquired by waiver on the basis of
licensure in another state. This phrase, which is
included in comparable provisions throughout the Code
and which conforms to the practice of the Board,

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