Board of Cosmetologists Minutes March 1, 2010

A meeting of the State Board of Cosmetologists was held on Monday, March 1, 2010, in the 2nd floor conference room, The Shilling Building, 500 N Calvert Street, Baltimore, Maryland 21202.

The following members were in attendance:

Ms. Marie Wallace, Chairperson, Consumer Member

Ms. Sharon Bunch, Consumer Member

Ms. Ellen Trujillo, Industry Member

Ms. Clairee Britt-Cockrum, Industry Member

Ms. Carmel Owens, Industry Member

Mr. Phillip Mazza, Industry Member

Not in Attendance:

Ms. Maxine Sisserman, School Owner Member

Erlene Curtis, Acting Board Secretary

Also in attendance:

Mr. Robert Wood, Executive Director

Mr. Brian Logan, Assistant Executive Director

Mr. Bruce Spizler, Senior Assistant Attorney General

Meeting was called to order

The meeting was called to order at 9:48 a.m.

Approval of Agenda

A motion was made by Mr. Phillip Mazza to approve the agenda. Ms. Clairee Britt-Cockrum seconded the motion; and the Board voted unanimously to approve the agenda.

Minutes

A motion was made by Ms. Carmel Owens to approve the January 4, 2010 Board meeting Minutes. Ms. Ellen Trujillo seconded the motion; and the Board voted unanimously to approve the Minutes.

A motion was made by Ms. Sharon Bunch to approve the February 1, 2010 Board meeting Minutes with corrections. Ms. Carmel Owens seconded the motion; and the Board voted unanimously to approve the Minutes.

Ms. Thiet Thi Baugher – Informal - Request Apprentice Restart

Ms. Thiet Thi Baugher, a beauty culture apprentice, by way of letter, requested the Board to grant her a restart of her apprenticeship training. The Board requested that she appear at today’s Board meeting; however, Ms. Baugher failed to appear. Noting that the Board could make a decision based on the letter sent by Ms. Baugher, the Board decided that, due to the hardship alleged by Ms. Baugher, it would be better to have Ms. Baugher appear before the Board meeting in April. The Board directed that its staff send Ms. Baugher a letter directing her to appear at its Board Meeting April 5, 2010.

Ms. Victoria R. Balmer – Reinstatement – Waiver of Examination

Ms. Victoria R. Balmer, who at one time held a cosmetologist license in Maryland submitted a letter requesting that her expired license be reinstated. In support of this request, Ms. Balmer submitted a certification from North Carolina verifying that she currently is licensed as a cosmetologist in that State, as well as a second certification, dated 1987, from the Board indicating she had a manager’s license in Maryland at that time. Assistant Executive Director Brian Logan advised that Ms. Balmer had withdrawn her request for licensure as a Senior Cosmetologist license. After discussing this matter and deliberating the same, the Board advised that, based on the credentials submitted by Ms. Balmer regarding her current licensure in North Carolina as a cosmetologist, and upon her submitting a proper application, she may be issued a cosmetologist license without taking the Board’s examinations.

Christina Rogers – Informal - Conviction

An informal conference was scheduled for Ms. Christina Rogers, who is applying for a renewal of her cosmetologist license. On her application, Ms. Rogers disclosed a previous criminal conviction. Ms. Rogers failed to appear at today’s conference. The Board noted that this was the third request for Ms. Rogers to appear. Accordingly, the Board directed its staff to advise Ms. Rogers in writing that the Board is unable to make a decision regarding her application for renewal of her license until, and unless, she appears before the Board.

Kevin Tran - Formal Hearing - CSOM090042

A formal hearing (case number COSM090042) was held for Mr. Kevin Tran, who is a licensed nail technician regarding a Board’s staff-generated complaint in which it was alleged that Mr. Tran offered money to a member of the Board’s staff in an attempt to obtain a license on behalf of another in violation of Business Occupations and Professions Article, Annotated Code of Maryland, §5-314 (a)(1)(i). Mr. Tran appeared for the hearing in the absence of counsel and waived his right thereto. Mr. Khoi Tran (no relation to Mr. Kevin Tran), an employee of Lionbridge (an interpreter service contracting with the State of Maryland), was assigned by Lionbridge to serve as an interpreter for Mr. Tran. Hope Miller, Assistant Attorney General, was the presenter of evidence. Based upon the testimony and evidence presented, the Board concluded that there was insufficient evidence to substantiate the allegations as charged. Specifically, the Board was unable to determine, by a preponderance of the evidence, that Mr. Tran had offered to pay monies to the staff member in exchange for a license; or whether he was making inquiry as to costs attendant to the training, testing, and fees for a license. (Mrs. Wallace, the Board’s Chairman, dissented from this decision and would have found that Mr. Tran committed the violations as alleged).

Old Business

Apprenticeship Program Discussion

Board Member Ms. Ellen Trujillo advised the Board that she, along with Board member Ms. Sharon Bunch and Board staff, met with two members of the Barber Board as part of a work group to discuss changes in the apprenticeship programs. Ms. Ellen Trujillo advised that the work group reviewed recommendations set forth by Executive Director Robert Wood and from Board member Ms. Maxine Sisserman. The work group recommended the following steps:

1.  Establishment of a certification program for the sponsors of apprentices.

2.  Requirement for sponsors to have 5 years experience before being allowed to train an apprentice.

3.  Increase of the fees for the apprentice registration.

4.  Establish a mandatory orientation program as a precondition to apprentice registration.

5.  Ensure that the theory aspects are taught in a structured environment such as a school.

Board Member Mr. Phillip Mazza expressed his concerns over creating requirements for the sponsors of apprentices which are more stringent than the requirements applicable to a teacher in the schools (2 years experience); as well as the Cosmetology statutory requirement that a sponsor of an apprentice have two years, not five years, of experience. The Board also expressed reservations as to increasing the fees for apprentice registration at this time. The Board did agree that stronger regulations need to be promulgated to have better oversight of the program. The Board directed that its concerns/recommendations be addressed at the next work group meeting on March 29, 2010.

Sunset Review

Chairperson Ms. Marie Wallace requested that all other recommendations and its effectuations that are restrained by the current budgetary deficiencies on staff and its resources be addressed at the next Board meeting.

Adjournment

There being no further discussion, a motion was made by Mr. Phillip Mazza to adjourn the meeting, and seconded by Ms. Clairee Britt-Cockrum. The motion passed unanimously, and the meeting adjourned at 1:57 p.m.

Approved by: ______

Marie Wallace, Chairperson