New Key State Legislative and Regulatory Developments

In Nevada, AB 246 was unanimously approved by the Senate on Sunday and will soon be send to Gov.Brian Sandoval (R) for his signature into law. Key provisions of the bill include:

• Establishment of procedures for the registration, training and practice of apprentices for aestheticians, hair designers and nail technologists.
• Establishment of a "shampoo technologist" registration process. Such individuals would be required to receive 50 hour of training at a licensed cosmetology school or "online" in a curriculum prescribed by the Board of Cosmetology.
• A 200 hour reduction – from 1,800 to 1,600 hours – in the training requirement for cosmetologists.
• Barbers seeking to become cosmetologists will be required to receive 600 hours of specialized training approved by the Board – an increase of 200 hours.
• Elimination of the requirement for barbers to obtain 400 hours of specialized training to become a hair designer.
• Elimination of the requirement that a cosmetology school would commence operation "with an enrollment of not less than 25 bona fide students."  The bill requires new schools to have "an enrollment of a number of students acceptable to the Board."
• Elimination of the 5,000 square feet minimum for cosmetology schools.  The bill states school must have "adequate floor space and adequate equipment."
• The Board of Cosmology would, however, have the authority to impose a minimum student requirement for new schools, and a minimum floor space requirement, by regulation.  
• The establishment of two and four year licensure of cosmetology schools. Licensure fees for two years would be between $500 and $800; and $1,000 and $1,600 for four years.  Schools are currently licensed annually.
• A requirement for cosmetology school instructors to have experience in a majority of branches of cosmetology taught at the school, instead of experience in a majority of the branches of cosmetology.
• A requirement that cosmetology schools either prepare students for an examination for a license in each branch of cosmetology taught at the school of cosmetology or provide a disclaimer to its students indicating that the school does not qualify the student for a license or prepare the student for an examination in any branch of cosmetology.
• Elimination of the 1,800 hour school term requirement.

Tennessee Governor Bill Haslam (R) signed SB 669 into law yesterday. The measure is effective July 1, 2015 and adds the following additional requirements for cosmetology school instructors:

1. Has been licensed as a cosmetologist, aesthetician, manicurist, or natural hair stylist for at least three continuous years; and
2. Seeks to instruct only in the area in which the applicant is currently licensed.

In Texas, the Senate Business and Commerce Committee gave a favorable recommendation on Friday to a bill that deregulates "natural hair braiding."  The measure is expected to be uncontested on the Senate floor – its final legislative step before being sent to the Governor. As previously reported, supporters of HB 2717 contend that hair braiding provisions need to be removed from statute as "a recent court ruling that the minimum square footage and equipment requirements under state law for hair braiding schools violates the U.S. Constitution and does not advance public health and safety or any other government interest."  If the bill is signed into law, the effective date will be September 1, 2015.   

Finally, a bill to permit natural hair braiding in Maine without a barbering or cosmetology license was approved by both legislative chambers Since the bill – LD 847 – contains an "emergency clause," it will go into effect immediately upon receiving Gov. Paul LePage’s signature.  

View links to all the bills mentioned in this report through the AACS’ Bill Tracking Portal.