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State Updates

Recap of 2019 State Deregulation Bills

Over the next several weeks, AACS’ State Relations team will be preparing a comprehensive listing of 2019 state bills of interest to member schools. We will start this examination by reviewing 2019 deregulation bills. As you can see below, the measures are color-coded with green indicating that the bill has been enacted into law; red indicating that the bill is dead for 2019, and; regular black text indicating that the bill is still pending.

The text of the bills listed in this report can be found in AACS’ Bill Tracking Portal.

Please do not hesitate to contact me at bnewman@abingdonstrategies.com or by phone at 202-491-5254 with comments or questions.

Deregulation Bills

Arkansas SB 410
As introduced, the measure would eliminate the State Board of Barber Examiners and other provisions of the state’s barbering act. Barbers licensed before January 1, 2020 would have been able to retain their licenses and be able to continue to “apply chemicals.” The measure would have also changed the state’s definition of cosmetology by eliminating the terms “arranging,” “dressing,” “cutting,” “brushing,” and “beautifying.”

California AB 193
The initially-drafted bill contained provisions to deregulate shampooing, makeup application and nail care.  Additionally, it would have required California’s Department of Consumer Affairs to conduct a comprehensive review of all occupational licensing requirements and identify unnecessary licensing requirements that cannot be adequately justified. The bill was subsequently amended to deregulate only shampooing and makeup application.

Texas HB 1705
The bill would have deleted the state’s Barbering and Cosmetology Act.

AACS Note: None of the three bills listed above were considered by a legislative committee.

Blow Drying and Hair Styling

Arizona SB 1401
The measure exempts from licensure “persons who dry, style, arrange, dress, curl, hot iron or shampoo and condition hair if the service does not include the application of reactive chemicals to permanently straighten, curl or alter the structure of the hair.”

Colorado HB 1330
This deregulation bill was unanimously passed by the House and defined “hair drying services” to include “drying, styling, arranging, curling, hot ironing, cleansing, or performing any other similar procedure intended to beautify, clean, or arrange hair.  It does not include applying reactive chemicals to permanently straighten, curl, or alter the structure or color of the hair.” The bill died on the Senate floor upon the sine die adjournment of the legislature.

Minnesota SF 2227 (omnibus state government budget bill)
The Institute for Justice and their supporters circulated an amendment to deregulate hair styling, and makeup and eyelash extension services.

New Jersey A5492
This bill exempts persons who dry, style, arrange, dress, curl, hot iron, or shampoo and condition hair from cosmetology and hairstyling licensure if the service provided does not include applying chemicals to permanently straighten, curl, or alter the structure of the hair.  Successful advocacy efforts led the bill’s sponsor to withdraw it from consideration in June.

Eyelash Extensions

Minnesota SF 696/HF 2249
The bills exempt eyelash extension practitioners and facilities that solely provide eyelash extension services from licensure.

Hair Braiding

Bills Enacted in 2019

Maine LD 1768 – The bill also deregulates threading, makeup application in a retail store and spray tanning.

Minnesota SF 10

North Dakota HB 1345

Rhode Island H5677

Tennessee SB 1185

Dead and Pending Bills

Florida HB 27
The bill contained language to deregulate hair braiding, hair wrapping, body wrapping, the application of polish to fingernails and toenails, and makeup application.

Pennsylvania SB 291

The bill would deregulate natural hair braiding.  According to the sponsor, the bill would remove “the onerous prerequisite that natural hair braiders complete 300 hours of instruction at a cosmetology school prior to examination and licensing. This legislation will not affect customer health and safety requirements for practitioners.”
Status: Referred to the Senate Consumer Protection and Professional Licensure Committee on February 14, 2019.

Hair Threading

Kansas HB 2200

Virginia HB 1990

Shampooing

California AB 193
The bill would have also deregulated makeup application.

Missouri HB 349
The bill was passed by the House 148 to 1 but was not considered on the Senate floor prior to the sine die adjournment of the legislature.