New Key State Legislative and Regulatory Developments

Last week, the Massachusetts Senate rejected a budget amendment to extend a current exemption of schools licensed by the Board of Registration of Cosmetology and Barbering from Office of Private Occupational School Education oversight. Unless the legislature intervenes, the exemption will expire in July.  AACS, in conjunction with the Massachusetts Association of Cosmetology Schools (MACS), alerted member schools in the Bay State to the amendment on Thursday and requested that they immediately contact their state senator.

In Texas, the Senate unanimously approved a state authorization bill for massage therapy schools.  The measure, HB 1049, will soon be sent to Governor Greg Abbott (R) for his signature into law.  Jerry Valdez, Executive Director of Career Colleges and Schools of Texas, indicated AACS’ support of the bill at both House and Senate hearings.  Texas HB 2717, which deregulates "natural hair braiding," also received final legislative approval last week and has been sent to the Governor.

Earlier this month, Georgia Governor Nathan Deal signed HB 314 into law.  The measure, effective July 1st, establishes the State Board of Cosmetology and Barbers by combining the currently existing cosmetology and barbering boards into one entity.  In addition to updating various definitions, the bill stipulates that all schools of barbering, cosmetology, esthetics, hair design, and nail care shall: "provide transcripts to students upon graduation or withdrawal from the school provided all tuition and fees due to the school have been satisfied. Student records shall be maintained by the schools for a minimum of five years. If a school closes its business, the owner is required to provide copies of student records, including transcripts, to the Non-Public Postsecondary Education Commission within thirty days of the school closure."

Next door in Alabama, the House Boards, Agencies and Commissions Committee favorable reported a substitute for HB 14 on Wednesday.  As currently drafted, the bill establishes "Class 1" and "Class 2" barbers.

"Class 1" barbers – as defined below – would be exempt from Alabama Board of Cosmetology and Barbering licensure.

 

"CLASS 1 BARBER. A person who only does the following in his or her ordinary course of business: Arranges, cleans, cuts, or singes the hair of any person or massages, cleans, stimulates, exercises, or does similar work on the scalp, face, or neck of any person with the hands, or with mechanical or electrical apparatus or appliance, or by the use of cosmetic preparations, antiseptics, tonics, lotions, or creams. Any one or a combination of the following practices, when done upon the human body above the seventh cervical vertebra for cosmetic purposes and not for the treatment of disease or physical or mental ailments, and when done for payment, directly or indirectly or without payment for the public generally: Shaving or trimming the beard or trimming the hair."

 

In Nevada, SB 370 was approved by the Assembly, by a vote of 31 to 11, on Thursday.  The measure stipulates that a "barber school will be owned and operated by at least two instructors."  It also requires the State Barbers’ Health and Sanitation Board to oversee the barbering instructor licensing examination – both a practical demonstration and a written test – but prohibits the Board from administering any part of the examination.  Instead, the Board must contract with a national organization to administer the examination and use only proctors who are licensed barbers in Nevada and approved by a national organization to administer the practical demonstration portion of the examination. The measure further provides that an applicant for license as an instructor may fail to pass the examination two times before he or she must complete 250 hours of further study.

The bill also revises from 10 to 20 the ratio of students enrolled per instructor, and expressly states that a barber school must have at least one barber’s chair for each student present.  The measure has been sent back to the Nevada Senate for a concurrence vote.

In Ohio, an 86 page bill to update the state’s Cosmetology Act – HB 227 – has been introduced.  Key provisions of this fairly extensive rewrite include: 

• A provision restricting the Board from have more than one member "financially interested in, or have any financial connection with, any school of cosmetology."
• A requirement that the Board submit to the legislature a report on cosmetology schools, including: "the annual cost for students to attend each licensed public or private school of cosmetology; the loan default rates for licensed public and private schools of cosmetology; (and) the first-time licensure passage rate for graduates of all public and private schools."
• New provisions concerning CEUs that stipulate "at least two of the eight hours of the continuing education requirement must be achieved in courses concerning safety and sanitation, and at least one hour of the eight hours of the continuing education requirement must be achieved in courses concerning law and rule updates."
• The establishment of an instructor licensure exam.  "Examinations for licensure as an instructor shall assess an applicant's ability to educate students using standards established by the department of education and approved by the board."
• Transitioning "managing" cosmetologists and estheticians to "advanced" cosmetologists and estheticians.  The hours for such programs would be reduced to 1,800.

Finally in Illinois, the Senate amended and unanimously approved HB 1424 last Thursday.  As previously reported, the bill extends the sunset of the state’s cosmetology act until January 1, 2026.  The current version states that any licensed school must notify the Department of at least 30 days in advance of a "transfer of ownership."  The new owner(s) may continue to operate the school under the "previously issued license" provided that they submit an application for licensure within "30 days after the effective date of the transfer of ownership."  The bill also revises the "barber" licensure requirements for graduates of a cosmetology school.  These individuals will now be required to complete a minimum of 500 – decreased from 1,000 – additional hours in the study of barbering extending over a three month to 12 month period.

Illinois HB 1424 has been send back to the House chamber for a concurrence vote.

Links to all the bills mentioned in this report can be found in AACS’ Bill Tracking Portal at https://www.billtrack50.com/Public/Stakeholder/Jt1rI23hjU2jC1MOSr6KVA/Embedded