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(1) Schools shall not advertise, enroll, or admit students until preliminary approval for school licensure is granted.

(2) Schools shall not use deceptive statements or false promises to induce students to enroll. All advertising must clearly disclose that the establishment is a school.

(3) School licenses are not transferable. Upon a change in ownership and/or location, schools shall submit a new school application accompanied by the appropriate fees.

(4) Schools shall adopt written policies and procedures.

(a) The policies and procedures must describe the following:

(i) areas of responsibility;

(ii) administrative lines of authority; and

(iii) school administration operating procedures.

(b) The policies must include provisions:

(i) allowing students access to their records;

(ii) requiring written requests for all information;

(iii) requiring student written consent for release of student records to third parties, unless required by law; and

(iv) requiring maintenance of records for no less than five years.

(5) Schools shall make available for student review:

(a) a copy of the student contract; and

(b) a complete and current copy of all school policies, procedures, and rules.

(6) Schools shall maintain for not less than five years, and protect from loss, damage, and tampering, a registration file on each student who attended the school. Each file must include:

(a) name, address, and phone number;

(b) copy of a birth certificate or other verifiable evidence of applicant's birth date;

(c) copy of high school diploma or its recognized equivalent, or a signed statement that the person was admitted or enrolled on the basis that the student was beyond the compulsory age of education as provided in 20-5-102, MCA;

(d) course of study;

(e) enrollment date;

(f) daily attendance records;

(g) academic records including copies of written progress evaluations signed by the student and the school designee;

(h) grades;

(i) final practical examination with scores;

(j) evaluations;

(k) breakdown of curriculum requirements and completion;

(l) disciplinary action;

(m) student counseling;

(n) original contracts;

(o) tuition costs;

(p) accepted transfer of hours from other schools;

(q) withdrawals; and

(r) leaves of absence.

(7) The school shall keep accurate, verifiable daily attendance records and shall track the number of hours received by each student within the course curriculum as set forth in rule.

(a) Schools may convert clock hours to credit hours using the conversion rate of 30 clock hours equaling one credit hour.

(b) Clock hours must be verified by a time-keeping system sufficient to protect against tampering.

(8) Appropriately licensed instructors shall directly supervise students at all times on the school premises in the classroom and on the clinic floor. One instructor shall supervise no more than 25 cosmetology, barbering, esthetics, or manicuring students, and no more than ten electrology students, at any time on the clinic floor. No instructor may supervise classroom and clinic floor activities simultaneously.

(9) Instructors with inactive licenses shall not substitute teach for more than ten days in any calendar year.

(10) Instructors shall wear name badges or insignia indicating they are instructors.

(11) Schools shall not allow instructors to practice on members of the public, unless solely for educational demonstration purposes to instruct students in a classroom setting, as defined in rule.

(12) Each student shall complete the following hours of basic training, prior to working or performing any services on members of the public, with or without compensation to the school:

(a) barbering students - 225 hours;

(b) barbering nonchemical students - 150 hours;

(c) cosmetology students - 300 hours;

(d) electrology students - 150 hours for facial services and 50 hours for other services;

(e) esthetics students - 150 hours; and

(f) manicuring students - 110 hours.

(13) Schools shall not call students out of class to perform services on members of the public.

(14) Schools shall not deduct or reduce hours earned by students as a form of disciplinary sanction or for any other reason.

(15) Upon completion by students of at least 90 percent of the required course of study, and prior to graduating and receiving a diploma, the student may take the board-approved exam.

(16) A person may submit a license application when the person is no more than 90 days from completing the requisite course of study given the person's current and expected rate of progression.


History: 37-1-131, 37-31-203, 37-31-311, MCA; IMP, 37-31-311, MCA; NEW, 2005 MAR p. 262, Eff. 11/19/04; AMD, 2006 MAR p. 1383, Eff. 6/2/06; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2010 MAR p. 1402, Eff. 6/11/10; AMD, 2012 MAR p. 616, Eff. 3/23/12; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2015 MAR p. 2034, Eff. 11/13/15; AMD, 2017 MAR p. 1956, Eff. 10/28/17.

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