COMMONWEALTH OF PENNSYLVANIA · 2019. 9. 11. · 1 sargent's court reporting service, inc. (814) 536-8908 1 commonwealth of pennsylvania 2 department of state 3 bureau of professional

Sargent's Court Reporting Service, Inc. (814) 536-8908

1

COMMONWEALTH OF PENNSYLVANIA 1

DEPARTMENT OF STATE 2

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS 3

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F I N A L M I N U T E S 5

6

MEETING OF: 7

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STATE BOARD OF COSMETOLOGY 9

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TIME: 9:03 A.M. 11

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BOARD ROOM C 13

One Penn Center 14

2601 North Third Street 15

Harrisburg, Pennsylvania 17110 16

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Monday, November 5, 2018 18

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State Board of Cosmetology 1 November 5, 2018 2

3 4 BOARD MEMBERS: 5 6 Stephen A. Wallin, Teacher, Chair, Professional Member 7 James Farrell, Vice Chair, Public Member - Absent 8 Deborah S. Neatock, Secretary, Professional 9 Member - Absent 10 Ian J. Harlow, Commissioner of Professional and 11 Occupational Affairs - Absent 12

Elisa Gonzalez, Professional Member 13 Kristal L. Ferron, Consumer Protection Member 14 Carolyn R. Folk, Professional Member 15 Tammy Y. O’Neill, Professional Member 16 Tracy E. Bruno, Professional Member 17 Felicia Brown-Haywood, Professional Member 18 19 20 BUREAU PERSONNEL: 21 22 Shana M. Walter, Esquire, Board Counsel 23 Glenn P. Masser, Esquire, Board Prosecution Liaison 24 Angela B. Lucci, Esquire, Board Prosecutor 25 Caroline A. Bailey, Esquire, Board Prosecutor 26

Cynthia K. Montgomery, Esquire, Deputy Chief Counsel 27 Kelly I. Diller, Board Administrator 28 29 30 ALSO PRESENT: 31 32 Stephen J. Szabo, Chief Operating Officer, Stephen 33 Szabo Salon & Spa 34 Mary Strausser, Student, DeRielle Cosmetology Academy 35 Madison Manning, Student, DeRielle Cosmetology Academy 36 Taylor Cline, Student, DeRielle Cosmetology Academy 37 Donna Lalino Student, DeRielle Cosmetology Academy 38 Chris Lammado, Vice President, Gmerek Government 39

Relations (GGR) 40

Mike Gent, Curriculum Coordinator, PA Department of 41 Corrections 42 Teresa Whisler, Hairstylist, Lancaster, PA 43 Justin Lehman, Vice President, Jean Madeline Aveda 44 Institute 45 Debbie Weidner, DeRielle Cosmetology Academy 46 47 48 49

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*** 1

State Board of Cosmetology 2

November 5, 2018 3

*** 4

The regularly scheduled meeting of the State 5

Board of Cosmetology was held on Monday, November 5, 6

2018. Stephen A. Wallin, Teacher, Chairman, 7

Professional Member, called the meeting to order at 8

9:03 a.m. The Pledge of Allegiance was recited. Roll 9

call was taken. A quorum was noted to be present. 10

*** 11

Approval of Minutes of the September 10, 2018 meeting 12

CHAIRMAN WALLIN: 13

Do I have an approval of the minutes 14

from September 10? Motion to approve? 15

MS. BRUNO: 16

Motion. 17

MS. FOLK: 18

Second. 19

CHAIRMAN WALLIN: 20

We have a motion and a second. Are 21

there any questions, comments? All 22

those in favor, signify by saying aye. 23

[The motion carried unanimously.] 24

*** 25


4

Report of Prosecutorial Division 1

[Angela B. Lucci, Esquire, Board Prosecutor, presented 2

the following Consent Agreements: Case No. 17-45-3

09050, Case No. 16-45-11419, and Case No. 17-45-4

12431.] 5

*** 6

[Caroline A. Bailey, Esquire, Board Prosecutor, 7

presented the following Consent Agreements: Case No. 8

16-45-07621, Case No. 16-45-08898, Case No. 17-45-9

03204, Case No. 17-45-06196, Case No. 17-45-08314, 10

Case No. 17-45-09431, Case No. 17-45-09752, Case No. 11

17-45-14298, and Case No. 16-45-00592.] 12

*** 13

Introduction of Audience Members 14

[Chairman Wallin requested the introduction of 15

audience members.] 16

*** 17

Report of Commissioner – No Report 18

*** 19

Report of Board Administrator – No Report 20

*** 21

Report of Board Chairman 22

[Stephen A. Wallin, Teacher, Chairman, Professional 23

Member, noted that Cynthia Montgomery, Deputy Chief 24

Counsel for the Bureau of Professional and 25


5

Occupational Affairs, will be discussing personnel 1

matters with the Board during Executive Session.] 2

*** 3

Items for Discussion 4

[Shana M. Walter, Esquire, Board Counsel, referred to 5

Section 7.118(e) in the regulations regarding schools 6

requiring a physician on staff for consultation 7

purposes. 8

Chairman Wallin commented on the virtual 9

impossibility for a school to follow this regulation 10

and questioned options for the Board to consider. 11

Justin Lehman, Vice President, Jean Madeline 12

Aveda Institute, stated no physician wants to have 13

this position or take on this responsibility. He 14

noted accreditation repercussions regarding the 15

regulation and schools' inability to attach a 16

physician. 17

Debbie Weidner, DeRielle Cosmetology Academy, 18

noted that the regulation was never enforced and 19

questioned that the regulation would pertain to 20

anybody anymore. 21

Ms. Walter stated the regulation remains in 22

effect but there has been a lack of enforcement. She 23

stated options would be discussed during Executive 24

Session. 25


6

Chairman Wallin noted that the regulation 1

predates 1974.] 2

*** 3

[Pursuant to Section 708(a)(5) of the Sunshine Act, at 4

9:26 a.m. the Board entered into Executive Session 5

with Shana M. Walter, Esquire, Board Counsel, for the 6

purpose of conducting quasi-judicial deliberations and 7

to receive advice of Counsel. The Board returned to 8

open session at 12:11 p.m.] 9

*** 10

MOTIONS 11

MS. WALTER: 12

We are returning from Executive Session 13

where the Board deliberated on the 14

Consent Agreements that are on the 15

agenda at items 2 through 13, 16

Adjudications and Orders at 14 through 17

16, Motions to Enter Default and Deem 18

Facts Admitted at items 17 through 31, 19

proposed Adjudications and Orders at 32 20

through 36, the Citation Appeal at 37, 21

and Accommodations for Testing at 38. 22

The Board discussed No. 39 on the 23

agenda, which is Section 7.118(e), 24

Application items 40 through 46, and 4 25


7

additional Applications. 1

CHAIRMAN WALLIN: 2

We are going to need a motion to approve 3

the Consent Agreements for Anita Thi Ngo 4

t/d/b/a Nail Studio, Case No. 17-45-5

09050; Cindy Rivas t/d/b/a Liquid Layers 6

Hair Salon, Case No. 16-45-11419; Hanh 7

Thi Pham t/d/b/a Le Nails, Case No. 16-8

45-07621; Oanh T. Ly t/d/b/a Tiffany 9

Nails, Case No. 16-45-08898; Lauren N. 10

Wilkens, Case No. 17-45-03204; Sass 11

Salon & Day Spa, Case No. 17-45-06196; 12

Sunny Hair, Case No. 17-45-08314; 13

Fashion Nails, Case No. 17-45-09431; 14

Alisha Nycole and Co., Case No. 17-45-15

09752; Jennie Haasz, Case No. 17-45-16

14298, and Tealia Elena Torres, Case No. 17

16-45-00592. 18

MS. FERRON: 19

I make the motion. 20

MS. BRUNO: 21

Second. 22

CHAIRMAN WALLIN: 23

We have a motion and a second. All in 24

favor, say aye. Any opposed? 25


8

Abstentions? 1


*** 3

CHAIRMAN WALLIN: 4

May I have a motion to reject Item No. 5

4, Case No. 17-45-12431? 6

MS. GONZALEZ: 7

I make the motion. 8

MS. BROWN-HAYWOOD: 9

Second. 10

CHAIRMAN WALLIN: 11

We have a motion and a second to reject 12

No. 4. Any questions, comments? All 13



*** 16

CHAIRMAN WALLIN: 17

These are all approvals. I will need a 18

motion to approve the final 19

Adjudications and Orders for Adrian R. 20

Baranick, Case No. 17-45-03033; Jill E. 21

Boyd, Case No. 17-45-11717; and Deborah 22

M. Gavin, Case No. 16-45-08711. 23

Do I have that motion? 24



9

Motion. 1

MS. FERRON: 2

Second. 3

CHAIRMAN WALLIN: 4

We have a motion and a second. If there 5

are no additional comments, all those in 6

favor, signify by saying aye. Opposed? 7

Abstentions? 8


*** 10

Motions to Enter Default and Deem Facts Admitted 11

CHAIRMAN WALLIN: 12

We are going to try to get a motion to 13

basically reject or defer. We will go 14

over these first. Motion to Enter 15

Default and Deem Facts Admitted for 16

Thomas W. Andrews, Case No. 16-45-13518, 17

moved to January; Item No. 21, Rachel K. 18

Jackson, Case No. 16-45-14806, moved to 19

January. Let’s get a motion just on 20

those two, please. 21

MS. BRUNO: 22

Motion. 23

MS. GONZALEZ: 24

Second. 25


10

CHAIRMAN WALLIN: 1

We have a motion and a second. All 2

those in favor? Opposed? Abstentions? 3


*** 5

CHAIRMAN WALLIN: 6

Sunny Hair, Case No. 17-45-08314 and 7

Hope Thomas, Case No. 17-45-01593. 8

Do we have a motion to deny those? 9

MS. FOLK: 10

Motion. 11

MS. FERRON: 12

Second. 13

CHAIRMAN WALLIN: 14

All those in favor, signify by saying 15

aye. Opposed? Abstentions? 16


*** 18

CHAIRMAN WALLIN: 19

We are going to direct Counsel to grant 20

these Motions to Deem Facts Admitted and 21

direct Counsel to draft Adjudications in 22

accordance with the deliberations during 23

the Executive Session for Iris A. 24

Marmolejo t/d/b/a Beauty Rays & 25


11

Boutique, Case No. 16-45-07905; Lori A. 1

Burprich, Case No. 17-45-01652; Fashion 2

Nails, Case No. 17-45-09431; Deana 3

Liptak, Case No. 16-45-06416; Stephanie 4

Almeida Forty t/d/b/a Lush Salon & Spa, 5

Case No. 17-45-04154; Lindsay A. 6

McCullough, Case No. 16-45-03187; PL 7

Nails, Case No. 16-45-07593; Amy N. 8

Rummell, Case No. 16-45-04339; Amy M. 9

Serianni, Case No. 16-45-02259; Sasha 10

Nicole Spillar, Case No. 16-45-02195; 11

and Kelly J. Timko, Case No. 17-45-12

01662. 13

Do I have that motion, please? 14


Motion. 16

MS. BRUNO: 17

Second. 18

CHAIRMAN WALLIN: 19

We have a motion and a second. Any 20

abstentions or rejections? 21


*** 23

Hearing Examiner Proposed Adjudications and Orders 24

CHAIRMAN WALLIN: 25


12

Do we have a motion to adopt the 1

recommendations of the Hearing 2

Examiner’s proposed Adjudications and 3

Orders of Stephanie M. Deibert, Case No. 4

17-45-02291 and Wendell M. Fields, Case 5

No. 16-45-12445? 6

Do we have a motion? 7

MS. O’NEILL: 8

Motion. 9

MS. FOLK: 10

Second. 11

CHAIRMAN WALLIN: 12




*** 16

CHAIRMAN WALLIN: 17

Do we have a motion to have Counsel 18

draft the final Adjudication and Order 19

for Shaklya H. Easterling, Case No. 16-20

45-09000; Samantha J. Hirt, Case No. 16-21

45-14587; and Nabil Marsha, Case No. 17-22

45-08813. 23


MS. FERRON: 25


13

Motion. 1

MS. FOLK: 2

Second. 3

CHAIRMAN WALLIN: 4

Thank you, Tammy. Thank you, Carolyn 5

for the second. All those in favor, 6

signify by saying aye. Opposed? 7

Abstentions? 8


*** 10

Citation Appeals 11

CHAIRMAN WALLIN: 12

Do I have a motion to uphold the Hearing 13

Examiner’s suggestion on Paula 14

Desiderio, Case No. 18-45-03307? 15


Motion. 17

MS. GONZALEZ: 18

Second. 19

CHAIRMAN WALLIN: 20



Opposed? Abstentions? 23


*** 25


14

Accommodations for Testing 1

CHAIRMAN WALLIN: 2

Do I have a motion that we reject any 3

modifications to our regulations or 4

additions to it for testing of foreign 5

languages? 6

MS. FOLK: 7

Motion. 8

MS. FERRON: 9

Second. 10

CHAIRMAN WALLIN: 11




*** 15

CHAIRMAN WALLIN: 16

Our discussion was on Section 7.118(e) 17

that had to do with having a medical 18

doctor on staff for schools. We said 19

that we are not going to enforce that 20

and put it on our wish list of things 21

for modification to the rules. 22

Do I have a motion to that effect? 23

MS. O’NEILL: 24

Motion. 25


15

MS. BRUNO: 1

Second. 2

CHAIRMAN WALLIN: 3


aye. Any opposed? Abstentions? 5


*** 7

Applications 8

CHAIRMAN WALLIN: 9

Do I have a motion for Image Recovery 10

Center to provisionally deny the 11

variance because it needs additional 12

sketches? 13


Motion. 15

MS. BRUNO: 16

Second. 17

CHAIRMAN WALLIN: 18


aye. 20


*** 22

CHAIRMAN WALLIN: 23

Can we have a motion to deny the 24

variance for Amy Kernahan Studios 25


16

because it needs walls? 1

MS. BRUNO: 2

Motion. 3

MS. O’NEILL: 4

Second. 5

CHAIRMAN WALLIN: 6


aye. 8


*** 10

CHAIRMAN WALLIN: 11

Do I have a motion to deny Bonnieville, 12

Inc., because it is too small? 13


Motion. 15

MS. BRUNO: 16

Second. 17

CHAIRMAN WALLIN: 18




*** 22

CHAIRMAN WALLIN: 23

Do I have a motion for Shanekia Miller 24

and Merita Veliu Selimi to approve 25


17

testing? 1

MS. FERRON: 2

Motion. 3


Second. 5

CHAIRMAN WALLIN: 6


aye. Any opposed? Abstentions? 8


*** 10

CHAIRMAN WALLIN: 11

Jessica Lynn Gonzales, approved to test 12

with one-year probation, Anthony O. 13

Madrigale approved to test with one-year 14

probation. 15


MS. O’NEILL: 17

Motion. 18


Second. 20

CHAIRMAN WALLIN: 21




*** 25


18

CHAIRMAN WALLIN: 1

Do I have a motion to deny the 2

application of Thu Thi Minh Bui? 3

MS. BRUNO: 4

Motion. 5


Second. 7

CHAIRMAN WALLIN: 8




*** 12

CHAIRMAN WALLIN: 13

For Inskin Laser & Body, we are going to 14

have a provisional denial and remove the 15

approval from what was previously 16

approved? 17


Motion. 19

MS. BRUNO: 20

Second. 21

CHAIRMAN WALLIN: 22





19

*** 1

CHAIRMAN WALLIN: 2

Do I have a motion to grant the 3

variances for Senior Salon Services and 4

Elmcroft of Reedsville? 5


Motion. 7

MS. FERRON: 8

Second. 9

CHAIRMAN WALLIN: 10




*** 14

Election of Officers 15

Report of Board Chairman 16


Member, thanked the Board for allowing him the honor 18

to serve the Board and Commonwealth.] 19

CHAIRMAN WALLIN: 20

Do I have a motion for chairperson? I 21

think Tammy would make a good candidate. 22

MS. GONZALEZ: 23

I nominate Tammy for Chairperson. 24

*** 25


20

CHAIRMAN WALLIN: 1

We need a nomination for a Vice Chair. 2

MS. GONZALEZ: 3

I’d like to propose Felicia. 4

CHAIRMAN WALLIN: 5

Any additional nominations? Hearing 6

none. Congratulations. You are Chair 7

and Vice Chair. 8


*** 10

CHAIRMAN WALLIN: 11

We need a Secretary. 12

MS. GONZALEZ: 13

I nominate Tracy to be the Secretary. 14

CHAIRMAN WALLIN: 15

We have a nomination. Any additional 16

ones? Thank you very much Tracy. Looks 17

like you are it. Good for you. 18


*** 20

[Carolyn R. Folk, Public Member, proposed forming a 21

committee to review the state of the industry in terms 22

of graduation rates from cosmetology schools to 23

sitting for the state Board and then practicing in the 24

field.] 25


21

CHAIRMAN WALLIN: 1

We need a motion to form a committee. 2


Motion. 4

MS. BRUNO: 5

Second. 6

CHAIRMAN WALLIN: 7


those in favor? Opposed? Thank you. 9

We have a new committee. 10


*** 12

[The Board agreed for the committee name to be the 13

“State of the Industry Initiative.”] 14

*** 15

Miscellaneous 16


Member, noted January 7, 2019, as the next meeting 18

date. 19

Chairman Wallin also noted term limits and exam 20

statistics on the agenda.] 21

*** 22

Adjournment 23

CHAIRMAN WALLIN: 24

Do I have a motion to adjourn? 25


22


Motion. 2

MS. BRUNO: 3

Second. 4

CHAIRMAN WALLIN: 5


those in favor? 7


*** 9

[There being no further business, the State Board of 10

Cosmetology Meeting adjourned at 12:44 p.m.] 11

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CERTIFICATE 3

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I hereby certify that the foregoing summary 5

minutes of the State Board of Cosmetology meeting, was 6

reduced to writing by me or under my supervision, and 7

that the minutes accurately summarize the substance of 8

the State Board of Cosmetology meeting. 9

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11

Adam Beck, 12

Minute Clerk 13

Sargent’s Court Reporting 14

Service, Inc. 15

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STATE BOARD OF COSMETOLOGY 1 REFERENCE INDEX 2

3 November 5, 2018 4

5 TIME AGENDA 6 7 9:03 Official Call to Order 8 9 9:03 Pledge of Allegiance 10 11 9:03 Roll Call 12

13 9:04 Approval of Minutes 14 15 9:04 Report of Prosecutorial Division 16 17 9:16 Introduction of Audience Members 18 19 9:18 Report of Board Counsel 20 21 9:19 Report of Board Chairman 22 23 9:20 Items for Discussion 24 25 9:26 Executive Session 26

12:11 Return to Open Session 27 28 12:11 Motions 29 30 12:42 Miscellaneous 31 32 12:44 Adjournment 33 34 35 36 37 38 39 40

41 42 43 44 45 46 47 48 49 50

Documents

COMMONWEALTH OF PENNSYLVANIA · 2019. 9. 11. · 1 sargent's court reporting service, inc. (814) 536-8908 1 commonwealth of pennsylvania 2 department of state 3 bureau of professional