New Key State Legislative and Regulatory Developments

As summer begins,15 states legislatures are in session this week (June 22-June 26).  A brief summary of key state legislative and regulatory developments of interest to AACS members follows below. 

Last week, a state authorization bill for massage therapy schools in Texas was enacted into law without Governor Greg Abbott (R) signature. HB 1049 was passed with language allowing it to take effect on June 16th.  

In Oregon, the Joint Subcommittee on Human Services will be conducting a work session today on HB 2642. The bill establishes a nine member Board of Certified Advanced Estheticians within the Health Licensing Office, and defines "advanced nonablative esthetics procedure" as "a procedure that uses a laser or other device registered with the United States Food and Drug Administration for nonablative procedures performed on the skin or hair, including, but not limited to, procedures performed in conjunction with one of the following modalities: (a) Skin rejuvenation; (b) Photo rejuvenation; (c) Body contouring; (d) Dyschromia reduction; (e) Cellulite reduction; (f) Hair removal or reduction; and (g) Nonablative tattoo removal."  

The measure will require cosmetologists to obtain Board of Certified Advanced Estheticians certification in order to perform an "advanced nonablative esthetics procedure." Individuals seeking certification shall be a) at least 18 years of age; (b) an esthetician in good standing with the Board of Cosmetology; and (c) have completed "an advanced nonablative esthetics education program or training program, or an advanced nonablative esthetics program that combines education and training, that is approved by the Board of Certified Advanced Estheticians; or A nationally recognized program that is approved by the Board of Certified Advanced Estheticians and through which individuals are certified to use lasers or other devices for purposes related to practicing advanced nonablative esthetics procedures."  Additionally, applicants will need to pass an examination adopted by the Board of Certified Advanced Estheticians by rule; and pay the applicable licensure fees.

According to an official summary of the bill, "concerns have been raised about the need for regulation and proper training for laser estheticians to ensure consumer safety and professionalism for the profession. Currently, Arizona and Washington have licensing/certification programs."

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.

On the regulatory front, North Carolina’s Board of Cosmetic Art Examiners released a draft rule that will be of interest to AACS members in the state. A public rulemaking hearing will be conducted on June 30th in Raleigh. Comments may also be submitted in writing to Stefanie Kuzdrall, 1207 Front Street, Suite 110 Raleigh, NC 27609 by August 14, 2015.  

The proposed rule revises first aid procedures; establishes nine required "physical departments" for manicuring, esthetics and natural hair care schools; and deletes the specified hours for cosmetology, esthetics, manicuring and natural hair care "theory" instruction.  Under the proposed rule, cosmetologists would be required to receive "1500 hours of instruction in theory and practical application."

Please visit the link below to review the rulemaking notice and additional information regarding the June 30th hearing. http://www.nccosmeticarts.com/uploads/Board/May2015.pdf