LAW 711 OF 2001

(November 30)

Official Journal No. 44,635, 03 December 2001

For which the exercise of the occupation of cosmetology is regulated

and other aesthetic health provisions are being dictated.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. OBJECT. This law regulates the occupation of cosmetology, determines its nature, purpose, field of application and principles, and points out the governing bodies of organization, control and surveillance of its exercise.

ARTICLE 2o. Nature. For the purposes of this law, cosmetology means the set of knowledge, practices and activities of bodily beautification, expression of self-esteem and the free development of personality, the exercise of which implies social risks to human health.

ARTICLE 3o. PURPOSE. The cosmetology aims at the application and formulation of cosmetic products and the use of techniques and treatments in order to better maintain the external aspect of the human being.

ARTICLE 4. COSMETOLOGIST (A). For the purposes of this law, it is called a cosmetologist (a) to the person who in the exclusive and prior preparation, training and accreditation of a specialized and recognized entity, is dedicated to this occupation with full awareness of the personal responsibility for the exercise and the quality, effectiveness, seriousness and purity of the products it uses, recommends or uses in its activity.

ARTICLE 5o. TRAINING CENTRES. Higher education institutions, as well as non-formal education institutions, in accordance with current and other standards, will be able to offer theoretical and practical training programmes in the area of cosmetology, with a minimum intensity of 500 hours, all within the constitutional framework of autonomy, education and training.

PARAGRAFO. The delivery of accreditations, certificates, diplomas or constances without the full of the legal and regulatory requirements will be cause of closure of the institution that incurs this irregularity, which will be imposed by the educational authority, with due process observance, as provided for in the Administrative Countercyclical Code.

ARTICLE 6o. PRINCIPLES. The exercise of cosmetology is governed by humanistic, health and personal image criteria, which is why it should be developed in centers destined for this purpose or complementary. The cosmetologist shall observe the following precepts:

a) You must present in an impeccable, healthy and hygienic way the center of aesthetics;

(b) The authorities shall obtain the authorisation, the permit or the concept of location required by national rules and additional local rules;

c) Use properly sterilized equipment, instruments and implements, and use disposable materials in aesthetic procedures;

d) dedicate the time needed to the user in the delivery of the service, with criteria of quality, seriousness and honesty;

e) Will apply your knowledge, skills and skills in a conscious, sober and healthy way about users who do not have noticeable, noticeable or obvious diseases; if you have doubts, you will require a certification from a medical professional, with preference for a dermatologist;

f) Only apply and use legally accepted and accepted diagnostic or therapeutic means;

g) Only use or use in its procedures products duly authorised or approved by the Invima;

h) Do not treat minors without the prior written and authenticated authorization of their parents or representatives;

i) Do not expose users to unjustified risks and only with express and conscious authorization will apply the treatments, elements or procedures on their skin;

j) Keep and observe composure, respect, secrecy and loyalty with your users, peers, bosses or dependents;

k) Employ advertising as a means of marketing by observing ethical principles and without misleading users;

1) Set your fees with criteria of formative hierarchy and according to the economic situation of the users:

ARTICLE 7o. PROHIBITIONS. The (a) cosmetic (a) cannot perform any procedure, practice or act reserved for physicians or health professionals.

ARTICLE 8o. EXERCISE FIELD. The cosmetic (a) can perform facial cleansing, facial and body massages, hair removal, manual lymphatic drainage and in general all facial or body procedures that do not require formulation of medicinal products, surgical intervention, invasive procedures or acts reserved for health professionals.

ARTICLE 9o. OF THE FINANCIAL YEAR. No one shall be able to advertise, exercise or perform as a cosmetic, or to open to the public the centre of beauty, cosmetology or aesthetics, without having completed the complete secondary education cycle and pursuing a programme of theoretical-practical training in the area of cosmetology in accordance with the provisions of article 5or. of this law.

The cosmetic (a), can exercise teaching in the field or specific area of cosmetology, as well as work in media, programs or advertising events that relate to their occupation.

PARAGRAFO. People who, at the entry into force of this law, exercise the occupation of cosmetology without meeting the requirements set forth herein shall have a maximum period of three years from their entry into force to legalize their occupation.

ARTICLE 10. ACCREDITATION OF COSMETOLOGY CENTERS AND THE LIKE. Accreditation is a voluntary and periodic procedure, oriented to demonstrate compliance with quality standards superior to those required by law in the field of characteristics techniques, scientific, human, financial and materials of the aesthetic centers and the like.

The health authorities of the municipalities and districts will regulate the administrative procedure required for the effect. Accreditation is not a license, but a distinction and a stimulus for the increasingly qualified exercise of cosmetology.

ARTICLE 11. AESTHETICS CENTRES. The provision of cosmetology services may be provided only in aesthetic centres, beauty institutes, medical offices or establishments intended for that purpose which comply with the health requirements required by applicable laws, regulations or municipal rules.

ARTICLE 12. SUPERVISION. The agencies responsible for supervising the provision of health services in the municipalities and districts of the country shall verify the strict compliance with the health standards and requirements of the establishments where they are carried activities referred to in this Law shall be carried out. They shall also be responsible for the inspection, surveillance and control of the cosmetology services provided in their jurisdiction for the purpose of which they shall draw up a census of centres and persons engaged in the occupation, of the six (6) months following the validity of this law. This census will be updated every year.

ARTICLE 13. NATIONAL COMMISSION OF THE EXERCISE OF COSMETOLOGY. As an advisory body and consultant to the National Government, create the National Commission for the Exercise of Cosmetology, based in the city of Bogotá, D. C.

ARTICLE 14. INTEGRATION. The National Commission for the Exercise of Cosmetology, will be integrated as follows:

a) The Minister of Health or his delegate;

b) The Superintendent of Health or his/her delegate;

c) The Director of Invima or its delegate;

d) Two representatives of the country's cosmetologists ' associations, elected in a democratic manner;

e) A representative of the Colombian dermatology associations or, failing that, a dermatologist, selected by the National Academy of Medicine;

f) A delegate of the laboratories specialized in the production of cosmetics;

g) A representative of formal or non-formal education institutions offering cosmetology programs.

As Technical Secretary, you will officiate a division chief appointed by the Minister of Health.

PARAGRAFO 1o. The government will regulate the democratic choice of the representatives of the private sector in the Commission. Your period will be two years.

PARAGRAFO 2o. The Commission will meet at least once a semester upon convening the Ministry of Health.

ARTICLE 15. FUNTIONS. The National Commission for the Exercise of Cosmetology, will have the following functions:

a) Exercise as an advisory and advisory body to the national, departmental and local government on the subject;

b) Exercise as a consultative body and an advisor to formal and non-formal education institutions for the implementation and establishment of cosmetology curricula and curricula;

(c) Act as an advisory and advisory body on matters of validation or approval of cosmetology certifications obtained abroad;

(d) Velar because the provisions contained in this law are observed and complied with in the national territory and, if not, bring to the attention of the competent authorities their failure to observe or transgression;

e) To stimulate the practice of the occupation of cosmetology, to promote training and to prepare national and international events that leave some added value for cosmetology;

f) Providing advice to media outlets that disseminate information related to aesthetic health;

g) Give yourself your own regulation.

ARTICLE 16. SECENTS. In departments, districts and municipalities, Sectional Committees of Cosmetology may be formed, which will have the same functions at local or regional level as described in the previous article, and will be integrated with the next way:

(a) The Health Secretary of the respective territorial entity, or its delegate;

b) The Governor or Mayor, or his delegate, as the case may be, who will preside;

c) A representative of a regional or local medical association, preferably specialized in dermatology;

d) A representative of education institutions offering training in cosmetology.

e) Two representatives of the cosmetology associations having their domicile in the respective jurisdiction, elected in a democratic manner, in an assembly called for the effect, monitored by the health or health authority concerned.

As technical secretary you will be a division chief of the corresponding Health Secretariat.

PARAGRAFO 1o. Regional or local governments, as the case may be, will regulate the call and selection procedure for delegates who are part of the private sector, for periods of two (2) years reeligible, following the guidelines established by the National Government.

PARAGRAFO 2o. The sessions of the National and Sectional Commission, will not cause any fiscal or budgetary erogation.

ARTICLE 17. SANTIONS. Failure to comply with the provisions enshrined in this law, without prejudice to other administrative, criminal, civil or police actions, as the case may be, will result in the following penalties:

a) Private assembly;

b) Public assembly;

c) Successive fines of up to one hundred (100) current legal minimum wages (smlv);

d) Suspension of legal status;

e) Temporary closure of the aesthetics or cosmetology center;

f) Cancellation of legal status or the concept of location or document that replaces it, or definitive closure of the cosmetology or aesthetic center.

ARTICLE 18. IMPOSITION. The imposition of sanctions will be governed by the following rules:

a) The violation of the provisions in 6or. and 11 of this law shall give rise to the penalties referred to in subparagraphs (a), (b) or (c) of the preceding article, according to the seriousness of the case;

(b) Those who obstruct the inspection and surveillance function of the authorities shall be subject to the fine penalty provided for in the literal (c) of the preceding article;

c) The violation of the article 5or. of this law shall give rise to the penalty provided therein;

d) The violation of the provisions in 7, 8, or. and 9or. of this law shall give rise to the penalties provided for in subparagraphs (d), (e) or (f) of the preceding

;

e) The violation of the article 9or. of this law shall give rise to penalties laid down in subparagraphs (b), (c), (d) and (e) of the previous Article, in succession if there is a repeat, which shall be applied in accordance with the transitional period provided for in that Article.

PARAGRAFO 1o. It is up to the health authorities of the respective municipality to impose the sanctions in the first instance, with appeal to the mayors.

PARAGRAFO 2o. The applicable procedures will be those provided for in the general part of the Administrative Contentious Code.

ARTICLE 19. FROM EXPIRATION AND PRESCRIPTION. The administrative action, shall expire at five (5) years, from the last act of absence and the sanction shall be prescribed in a term of five (5) years.

ARTICLE 20. VALIDITY. This law governs from the date of its enactment.

The President of the honorable Senate of the Republic,

CARLOS GARCIA ORJUELA.

The Secretary General of the honorable Senate of the Republic,

MANUEL ENRIQUEZ ROSERO.

The President of the honorable House of Representatives,

GUILLERMO GAVIRIA ZAPATA.

The Secretary General of the honorable House of Representatives,

ANGELINO LIZANO RIVERA.

COLOMBIA-NATIONAL GOVERNMENT

PUBLISH AND COMPLY.

Dada in Bogotá, D. C., on November 30, 2001.

ANDRES PASTRANA ARANGO

The Minister of Health,

GABRIEL RIVEROS DUENAS.