COMMONWEALTH OF PENNSYLVANIA · 5 regarding the 600-hour online cosmetology training 6 requirement affecting most schools in Pennsylvania 7 whose students cannot complete the program

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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

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MEETING OF: 7

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STATE BOARD OF COSMETOLOGY 9

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TIME: 9:02 A.M. 11

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PENNSYLVANIA DEPARTMENT OF STATE 13

Board Room C 14

One Penn Center 15

2601 North Third Street 16

Harrisburg, Pennsylvania 17110 17

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May 1, 2017 19

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State Board of Cosmetology 1 May 1, 2017 2

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

Francesca M. DiSanti, Professional Member - Absent 13 Elisa Gonzalez, Professional Member 14 Jennifer Thomson, Consumer Protection Member 15 Addrean Hahn, Professional Member 16 17 18 BUREAU PERSONNEL: 19 20 Ariel O'Malley, Esquire, Board Counsel 21 Glenn Masser, Esquire, Board Prosecutor 22 Timothy Smith, Esquire, Board Prosecutor 23 Caroline Bailey, Esquire, Board Prosecutor 24 Kelly I. Diller, Board Administrator 25 26

27 ALSO PRESENT: 28 29 Henry Pelusi, Studio of Elegance 30 Erin Boyd, Whirligig 31 Tami Obremski, Artisan Colour Spa 32 Sabria Gasper, Artisan Designs 33 Debbie Weidner, DeRielle Cosmetology Academy 34 Lillian Brown, DeRielle Cosmetology Academy 35 Jessica Duggan, Aesthetics with Jessica 36 Mike Barley, Passion 37 R.J. Ewanco, Passion 38 Stephen Szabo 39 PA Representative Dom Costa 40

Steven Zidian 41 Chris Lawondo 42 Vince Savinelli 43 Doug Zavinen 44 Brian Duggan 45 Bernie Cordial, Chief of Business Licensing 46 S.J. Szabo 47 48 49 50


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*** 1

State Board of Cosmetology 2

May 1, 2017 3

*** 4

[The regularly scheduled meeting of the State 5

Board of Cosmetology was held on Monday, May 1, 2017. 6

Stephen A. Wallin, Teacher, Professional Member, 7

Chair, officially called the meeting to order at 9:02 8

a.m. The Pledge of Allegiance was recited. A roll 9

call was taken.] 10

*** 11

Approval of Minutes of the March 6, 2017 meeting 12

CHAIRPERSON WALLIN: 13

Can I have a motion to approve the 14

minutes? 15

MS. PHILO: 16

I will make the motion to approve. 17

MS. GONZALEZ: 18

I will second. 19


Are there any questions or comments? 21

All those in favor, please signify by 22

saying aye? Any opposed? 23

[The motion carried unanimously.] 24

*** 25


4

Report of Prosecutorial Division 1

[Glenn Masser, Esquire, Board Prosecutor, on behalf of 2

Kenneth Suter, Esquire, reported on Consent Agreement 3

for File No. 15-45-02157.] 4

*** 5

[Timothy Smith, Esquire, Board Prosecutor, on behalf 6

of Kenneth Suter, Esquire, reported on Consent 7

Agreement for File No. 15-45-13657.] 8

*** 9

Report of Board Counsel 10

[Ariel O'Malley, Esquire, Board Counsel, informed 11

members of old information being added to the Agenda 12

from the stored files drives. She noted that File No. 13

15-45-12800 was the only file that should be listed on 14

the Agenda. She noted that File No. 14-45-12226 15

should not be on the Agenda. 16

Ms. O’Malley noted three bills, seven variance 17

requests and two applications to be discussed during 18

Executive Session. Additionally, the Board was asked 19

to consider the application for Shawna Mitchell and a 20

Variance Request for the Market Hair Experience. 21

Ms. O’Malley discussed House Bill 846, which 22

permits an owner of a cosmetology salon converting to 23

a limited practice salon to continue operating under 24

its cosmetology salon license until expiration. 25


5

Ms. O’Malley discussed House Bill 553, which 1

permit the licensure of mobile salons, as well as 2

Senate Bill 485. Shen then answered questions 3

regarding these three bills. 4

Ms. O’Malley discussed a Consent to Amend 5

Petition for Review, a Petitioner's Application for 6

Summary Brief, and a Petitioner's Brief in Support of 7

its Application for Summary.] 8

*** 9

Audience Introduction 10

[Audience members were asked to identify themselves.] 11

*** 12

Presentation 13

[Tami Obremski, Artisan Colour Spa, addressed the 14

Board regarding an illegal booth rental at the Sola 15

Salons. Counsel explained that the salons have been 16

compliant and suggested that Ms. Obremski file 17

information with the Professional Compliance Office 18

with regard to her concerns, which would then trigger 19

an investigation of the Bureau of Enforcement and 20

Investigation.] 21

*** 22

Appointments 23

[Jessica Duggan, Aesthetics with Jessica, presented to 24

the Board to appeal the variance of the bathroom at 25


6

her facility. She provided a layout of her facility 1

to the Board members. The Board will discuss this 2

matter later in the meeting.] 3

*** 4

[Representative Dom Costa updated the Board on the 5

forthcoming legislation. He also discussed a 6

Companion Bill to Senator Cavello’s Bill. He 7

suggested with putting legislation through to meet 8

every month. Representative Costa also recommended 9

that Ms. Obremski go to the District Attorney of 10

Allegheny County because her business was breached.] 11

*** 12

[Mr. Henry Pelusi, Pittsburgh, Pennsylvania, updated 13

the Board on mobile salons relating to hairstylists 14

being robbed, complaints of dumping water, and 15

chemicals in yards, and no facilities for handicap 16

individuals.] 17

*** 18

Report of Regulatory Counsel - No Report. 19

*** 20

Report of Commissioner - No Report. 21

*** 22

Application 23

[Ms. Erin Boyd, Whirligig, presented to the Board 24

requesting a space variance for a one-stylist salon in 25


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Queen Village, Philadelphia.] 1

*** 2

Items for Discussion 3

[Ms. Debbie Neatock discussed and answered questions 4

regarding the 600-hour online cosmetology training 5

requirement affecting most schools in Pennsylvania 6

whose students cannot complete the program. 7

Requirement hours for on the floor are 300 for 8

cosmetologists, 75 hours for estheticians, and 50 for 9

nail technicians. Ms. Neatock suggested fewer hours 10

of online training. Lancaster County will be the 11

first public high school system to close the 12

cosmetology program.] 13

*** 14

[The Board recessed from 9:57 a.m. until 10:01 a.m.] 15

*** 16

[Pursuant to Section 708(a)(5) of the Sunshine Act, at 17

10:01 a.m. the Board entered into Executive Session 18

with Ariel O’Malley, Esquire, for the purpose of 19

conducting quasi-judicial deliberations on matters 20

that are currently pending before the Board and to 21

receive advice of Counsel. The Board returned to open 22

session at 11:29 a.m.] 23

*** 24

[The Board recessed from 11:29 a.m. until 11:35 a.m.] 25


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*** 1

MOTIONS: 2

MS. O'MALLEY: 3

The Board was just in Executive Session 4

conducting quasi-judicial deliberations 5

on matters that are currently pending 6

before the Board as well as receiving 7

the advice of the Counsel. 8

I’m going to start with Items 2 and 9

3. I believe the Board would entertain 10

a motion to reject the Consent Agreement 11

at Item Number 2, File No. 15-45-02157. 12

MS. PHILO: I’ll make the motion. 13


Thank you. Do we have a second? 15

MS. GONZALEZ: 16

Second. 17


Are there any questions? All those in 19

favor, signify by saying aye? Any 20

opposed? Abstentions? 21


*** 23

MS. O’MALLEY: 24

Next, I believe the Board would 25


9

entertain a motion to accept the Consent 1

Agreement at File No. 15-45-13657. 2

MS. NEATOCK: 3

I make the motion. 4


Okay. Deborah makes the motion. 6

MS. PHILO: 7

I’ll second. 8


Philo seconds it. Any questions? All 10

those in favor, signify by saying aye? 11

Any opposed? Abstentions? 12


*** 14

MS. O’MALLEY: 15

Moving on to Adjudications and Orders. 16

I believe the Board would entertain a 17

motion to approve the Final Adjudication 18

and Orders in the following cases: 19

David Hines, File No. 15-45-08557; Nail 20

Trix, File No. 15-45-13229; Shawneen 21

Bentley, File No. 15-45-01270; Erica 22

Hernandez, File No. 16-45-12450; and 23

Cara Cowan, File No. 16-45-07894. 24



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Is there a motion? 1

MS. PHILO: 2

I’ll make the motion. 3


Thank you. 5

MR. FARRELL: 6

Second it. 7


By James Farrell. All those in favor, 9

signify by saying aye? Any opposed? 10

Abstentions? 11


*** 13

MS. O’MALLEY: 14

Moving on to Motions for Default. I 15

believe the Board will entertain a 16

motion to grant the Motion to Enter 17

Default and Deem Facts Admitted and for 18

Counsel to draft an Adjudication in 19

accordance with discussions in 20

Executive Session in the case of 21

Ashley Chen, File No. 15-45-12800. 22


Do we have a motion? 24

MS. PHILO: 25


11



Sue Philo. 3

MS. HAHN: 4

Second it. 5


I'll give that to Addrean Hahn. All 7




*** 11

MS. O’MALLEY: 12

Moving on to Hearing Examiner Proposed 13

Adjudication and Orders. I believe the 14

Board would entertain a motion for 15

Counsel to draft an Adjudication and 16

Order in accordance with discussions in 17

Executive Session in the cases of 18

Rosemary Abruzzese, File No. 15-45-19

12157 as well as Quiana Harris, File 20

No. 15-45-07081. 21

MS. NEATOCK: 22



Ms. Neatock makes the motion. 25


12

MS. PHILO: 1

Sue Philo seconds it. 2


All those in favor, signify by saying 4

aye? Any opposed? Abstentions? 5


*** 7

MS. O’MALLEY: 8

Next, I believe the Board would enter a 9

motion to adopt the Proposed 10

Adjudications and Orders as the Final 11

Adjudications and Orders from the cases 12

of Liudviga Drobot, File No. 16-45-13

1024; Lindsey Komorowski, File No. 16-14

45-10410; Loan Nguyen, File No. 16-45-15

07239; Antonio Scott, File No. 16-45-16

07405; David Zepeda, File No. 16-45-17

12449; and Sarah Spencer, File No. 16-18

45-12404. 19


Is there a motion? 21

MS. PHILO: 22


MS. GONZALEZ: 24

Second. 25


13


Elisa Gonzalez with a second. All those 2

in favor, signify by saying aye? Any 3



*** 6

MS. O’MALLEY: 7

Moving on to Item Number 34. I believe 8

the Board would entertain a motion to 9

deny the request of Tameika Rosemond. 10

MS. NEATOCK: 11

I make a motion. 12

MS. PHILO: 13

I’ll second. 14


We got a motion and a second. All those 16

in favor, signify by saying aye? Any 17



*** 20

MS. O’MALLEY: 21

Moving on to Applications. I believe 22

the Board would entertain a motion to 23

grant the variance request of The Gloss 24

Society, Item Number 36 as well as 25


14

Elements Skin Care, Item 39. 1

MS. PHILO: 2



We have a motion from Sue Philo. 5

MS. GONZALEZ: 6

Second. 7


Elisa Gonzalez seconds it. Any 9

questions on these? All those in favor, 10


Abstentions? 12


*** 14

MS. O’MALLEY: 15

I believe the Board would entertain a 16

motion to deny the variance request of 17

the following applicants: item number 18

35, Whirligig; Item number 37, Miracle 19

Eyebrows; and Item number 41, Lotus 20

Hair and Skin Studio. 21

MR. FARRELL: 22

I make a motion. 23


We have a motion from James Farrell. 25


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MS. HAHN: 1

Addrean Hahn is our second. 2


Any questions? All those in favor, 4


Abstentions? 6

[The motion carried unanimously. Ms. O'Malley noted 7

for the record that Items Number 38 and 40 will be 8

receiving correspondence for additional information.] 9

*** 10

MS. O’MALLEY: 11

Okay. Items Number 42 and 43. I 12

believe the Board would entertain a 13

motion to grant the applications to the 14

licensure exam in the cases of Maria 15

Santiago as well as Magdelyn Santana. 16


Is there a motion for us, please? 18

MS. PHILO: 19


MS. GONZALEZ: 21

I’ll second. 22





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*** 2

MS. O’MALLEY: 3

Moving on to Item Number 44. I believe 4

the Board would entertain a motion for 5

Counsel to draft either a Memorandum 6

Order or an Adjudication and Order for 7

the case of Jessica Duggan Aesthetics 8

with Jessica/Strong Women and Wellness. 9

[Ms. O'Malley further discussed the matter with the 10

Board. The Board agreed to direct Ms. O'Malley to 11

issue an order without further review of the Board.] 12

MS. O'MALLEY: 13

I'm still going to need you to vote on 14

drafting the order. 15

MS. PHILO: 16

I'll make that motion. 17

MS. NEATOCK: 18

Second. 19

[Ms. O'Malley explained the motion to the audience 20

members.] 21


We have a motion and a second. Any 23

additional comments or questions? 24



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*** 3

MS. O'MALLEY: 4

We'll start with the Examination 5

Applications. I believe the Board will 6

entertain a motion to provisionally deny 7

the Application of Shawna Mitchell. 8

MS. PHILO: 9


MS. HAHN: 11

Second. 12


We have a motion and a second. All 14




*** 18

MS. O'MALLEY: 19

The two variances that were provided 20

by Kelly Diller. I believe the Board 21

would entertain a motion to grant the 22

variances in the case of Homestead 23

Village Salon as well as Market Hair 24

Experience. 25


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MS. NEATOCK: 1

I make a motion. 2

MS. GONZALEZ: 3

Second. 4


Debbie Neatock made a motion and Elisa 6

Gonzalez is the second. Any additional 7

comments or questions? All those in 8

favor, signify by saying aye? Any 9



*** 12


We have a motion and a second. All 14




*** 18

Miscellaneous 19

[Chairperson Wallin noted the next meeting date is 20

July 10, 2017.] 21

*** 22

Report of Committees 23

[It was noted that since the last meeting 20 variance 24

requests were received for space and lavatories. 25


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Twelve were decided and approved by the committee, and 1

8 were referred to the Board, which were discussed.] 2

*** 3

Active License Count 4

[Chairperson Wallin referred Board members to the 5

packet relating to active license counts and exam 6

statistics.] 7

*** 8

[It was noted a new Board member had been appointed 9

and will be in attendance at the Board's next meeting. 10

It was also noted that Debbie Neatock was reappointed 11

and sworn in that morning.] 12

*** 13

Adjournment 14


I'll take a motion to adjourn if there 16

are no other requests? 17

MS. NEATOCK: 18

Motion to adjourn. 19


Do we have a second, please? 21

MR. FARRELL: 22

Second it. 23


Jim seconds it. 25


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*** 5

[The meeting adjourned at 11:46 a.m.] 6

*** 7

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CERTIFICATE 9

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I hereby certify that the foregoing summary 11

minutes of the State Board of Cosmetology meeting, was 12

reduced to writing by me or under my supervision, and 13

that the minutes accurately summarize the substance of 14

the State Board of Cosmetology meeting. 15

16

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18

Corey Elizabeth Summers 19

Minute Clerk 20

Sargent’s Court Reporting 21

Service, Inc. 22

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STATE BOARD OF COSMETOLOGY 1 REFERENCE INDEX 2

May 1, 2017 3 4 TIME AGENDA 5 6 9:02 Official Call to Order 7 8 9:02 Pledge of Allegiance 9 10 9:02 Roll Call 11 12

9:03 Approval of Minutes 13 14 9:04 Report of Prosecutorial Division 15 16 9:07 Report of Commission Counsel 17 18 9:18 Introduction of Audience 19 20 9:19 Presentation by Tami Obremski 21 22 9:25 Appointments 23 24 9:40 Application of Erin Boyd, Whirligig 25 26

9:44 Items for Discussion 27 28 9:57 Recess 29 10:01 Return to Open Session 30 31 10:01 Executive Session 32 11:29 Return to Open Session 33 34 11:29 Recess 35 11:35 Return to Open Session 36 37 11:35 Motions 38 39 11:44 Miscellaneous 40

41 11:45 Report of Committees 42 43 11:46 Adjournment 44 45 46 47 48 49 50

Documents

COMMONWEALTH OF PENNSYLVANIA · 5 regarding the 600-hour online cosmetology training 6 requirement affecting most schools in Pennsylvania 7 whose students cannot complete the program