HomeMy WebLinkAbout80-739 SciabicaMs. Mary Sciabica
1111 Plateau Drive
Meadville, PA 16335
RE: Board of Cosmetology
Dear Ms. Sciabica:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
December 17, 1980
ADVICE OF COUNSEL
80 -739
This responds to your letter of October 13, 1980 reques-
ting, as a member of the Board of Cosmetology, an Opinion
from the Ethics Commission.
Issue: In your letter you request Advice as to whether a
member of the Board of Cosmetology can serve as chair of the
Hair Care Center of a local hospital.
Facts: You informed us that the Ladies Auxiliary of the
Spencer Hospital, Meadville, Pennsylvania planned to start a
hair care center in that hospital. According to your letter,
the Auxiliary may have proposed to staff the center with an
operator not registered in a beauty shop.
In view of your position as a member of the Board of
Cosmetology, you withdrew from your commitment to chair the
Hair Care Center program believing it inappropriate to use
such an operator.
Discussion: The State Board of Cosmetology was created by
the Beauty Culture Law, 63 P.S. 507 et. seq., and is charged
by statute with enforcing the Beauty Culture Law by refusing,
revoking or suspending licenses or certificates and by promul-
gating regulations. The Board's rule- making authority extends
to prescribing the registration and examination of applicants
to practice or teach beauty culture and for registration of
teachers, students, and managers of beauty shops or schools
of beauty culture.
Previous Opinions of the Commission have indicated that
members of the Board of Funeral Directors and the Board of
Barber Examiners are public officials within the meaning of
the Ethics Act. Lutton, 79 -024 and Vavro, 79 -074. Therefore,
Ms. Mary Sciabica
December 17, 1980
Page 2
a member of the State Board of Cosmetology, a position very
similar to those discussed above, is also a public official
governed by the Ethics Act.
You refused to chair the Hair Care Center because the
Auxiliary express plans to use the services of a beautician
who was not registered in a beauty shop. You believe that
this practice is prohibited by Regulation §7.81, which
provides that any re *istered beautician in a registered
beauty shop may furnish beauty culture service to persons .
in institutions in cases of sickness, incapacitation...."
(emphasis added). These regulations do not, however, apply
unless the beauty services are rendered for compensation.
There is no inherent conflict of interest under the
Ethics Act in sitting on the Board of Cosmetology and chair-
ing the Hair Care Center. Under the Commission's decisions
in Lutton, 79 -024 and Vavro, 79 -074 there would be a conflict
of interest were you to represent the Hair Care Center before
the Board of Cosmetology. However, you do not ask about this
possibility and you do not represent the Hair Care Center
before the Board in any way. Thus, you were not obliged to
refuse to chair the Center by any provisions of the Ethics
Act.
Since the Ethics Act does not compel you to give up
chairing the Center, your own discretion must be your guide.
Your refusal to chair the Center is obviously appropriate if
you believe your two positions were incompatible. We stress,
however, that the Ethics Act does not dictate this result.
The Commission would like to commend you for your sensitivity
to the ethical issues in your situation.
Conclusion: You are not prohibited by the Ethics Act from
acting as the chair of the Spencer Hospital Hair Care Center
while serving on the State Board of Cosmetology. The Ethics
Act would prohibit you from:
(1) representing the Hair Care Center before the Boad;
(2) voting on any Board actions concerning the Hair
Care Center.
Pursuant to Section 7(9)(ii), this Advice is a complete
defense in any enforcement proceeding initiated by the
Commission, and evidence of good faith conduct in any other
civil or criminal proceeding, providing the requestor has
disclosed truthfully all the material facts and committed the
acts complained of in reliance on the Advice given.
This letter is a public record and will be made avail-
able as such.
Ms. Mary Sciabica
December 17, 1980
Page 3
Finally, if you disagree with this Advice or if you have
any reason to challenge same, you may request that the full
Commission review this Advice. A personal appearance before
the Commission may be scheduled and a formal Opinion from the
Commission will be issued. You should make such a request or
indicate your disapproval of this Advice within the next 30
days.
SW /rdp
Sincerely,
S dra S. istianson
General Co sel