Federal Updates

No Federal Update this week.

State Update

State Updates from Utah, Pennsylvania, Virginia and Arizona 

September begins with 11 state legislatures actively meeting – including Missouri, Virginia and Wisconsin convening in special sessions.  As always, AACS will keep you apprised of the latest state legislative and regulatory developments of interest to member schools. 

During a special legislative session last month, both chambers of Utah’s legislature unanimously passed a bill that would allow a barber school, cosmetology/barber school, electrologist school, esthetics school, hair design school, or nail technology school to offer up to 50% of their instruction online.  HB 6005 has been sent to Governor Gary Herbert (R) and will become immediately effective upon his signature. 

As previously reported, AACS State Relations Committee Co-Chair Brenda Scharman testified in support of the bill and was quoted in a Provo Daily Herald article on the measure. The Utah Beauty Association also presented a factsheet to legislators that can serve as a template for legislative advocacy in your state. 

The Bucks County Courier Times reports that a Pennsylvania court recently struck down the state’s “good moral character” standard for professions under the Commonwealth’s Board of Cosmetology.  According to the Institute for Justice, which represented the case’s two plaintiffs, “the Commonwealth Court noted that barbers in Pennsylvania are permitted to do many of the same tasks as estheticians and even work in the same salon, yet do not have to prove their good character to get a license. The court found that this violates the Pennsylvania Constitution’s right to equal protection of the laws. Unless the Board appeals the decision to the Pennsylvania Supreme Court, Courtney and Amanda will be able to reapply to take the esthetician exam without undergoing a character screening.” 

Pennsylvania’s Legislature also addressed earlier this year how licensing boards evaluate applicants’ backgrounds.  As previously reported, Pennsylvania Governor Tom Wolf (D) signed a bill on July 1st that will become effective in December that “allows the Boards of Barber Examiners and of Cosmetology to issue restricted licenses for not less than one nor more than two years to individuals with criminal convictions who exhibited good behavior while incarcerated, and successfully completed all rehabilitative programming and education and training requirements.” 

Virginia’s General Assembly is considering COVID-19 civil liability immunity bills in special session. Last week, the Senate Judiciary Committee voted 10 to 3 to favorably report a substitute to SB 5067.  According to an official summary, “the substitute bill grants immunity, in the absence of gross negligence or willful misconduct, with respect to the premise at issue, to persons from civil causes of action arising from any act or omission alleged to have resulted in the contraction of or exposure to the COVID-19 virus. The substitute bill places the burden of proving entitlement to the immunity on the defendant.” 

The House companion bill – HB 5074 – was favorably reported from the Courts of Justice Committee with similar amendments. Both bills are currently pending floor consideration in their respective chambers. 

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

On the regulatory front, Arizona’s Board of Cosmetology is engaging in a rulemaking to make their rules consistent with statute, Board practice and industry standards.  The full text of the proposed amendments can be found here.  A rulemaking hearing will be held on September 23, 2020.  Please click here for information on how to present oral or written comments to the Board. 

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

COVID-19 Resources 

AACS Guide to Reopening
This page contains a running list of state reopening guidance for salons and other personal care businesses. 

AACS Coronavirus Resource Center 
The bottom of this page contains a running list of state distance learning guidance.  It was compiled with assistance from the AACS State Relations Committee and/or a review of state board websites. Accordingly, developments may be occurring faster than our ability to capture/report on them. Please contact your state regulator(s) for the most current information. 

State and Local Government Responses to Covid-19
Stateside Associates, a state and local government relations firm, has created a chart with state legislative actions, executive agency actions, gubernatorial actions, and local government actions related to the outbreak of the coronavirus.  Executive actions closing retail and “non-essential” businesses will be of interest. 

PBA/Stateside Associates Report: Reopening of State and Local Economies
Updated August 14, 2020 

National Governors Association Coronavirus Updates 

COVID-19 State Legislation – National Conference of State Legislatures