New Key State Legislative and Regulatory Developments

September begins with very light state legislative activity as only seven state legislatures are actively meeting this week.  To this end, a short summary of state legislative and regulatory developments of interest to AACS members follows below.

In California, the Senate Appropriations Committee voted 7 to 0 on August 27th to amend and "do pass as amended" AB 181.  The measure extends the regulatory authority for the Board of Barbering and Cosmetology (BBC) until January 1, 2020.  As amended August 31st, AB 181 requires the BBC to conduct a study and review of "the 1600-hour training requirement for cosmetologists, conduct an occupational analysis of the cosmetology profession in California, and conduct a review of the national written examination for cosmetologists and of the practical examination, in order to evaluate whether both examinations assess critical competencies for California cosmetologists and meet professional testing standards." A report to the legislature is required by November 1, 2018.

The bill also requires the BBC to review "the Spanish-language examination if, by January 1, 2016, the pass rate for Spanish speakers did not increase to the average pass rate for all other language examinations during the two-year period prior to January 1, 2016."  Additionally, the measure requires the BBC to issue regulations regarding personal service permits, which authorizes an individual to perform professional services, for which he or she holds a license, outside of an establishment, in accordance with the regulations established by the BBC.  Finally, the current version of the bill deletes a requirement for cosmetology schools participating in voluntary externship programs to provide the participating establishment and the extern with a "syllabus."

A.B. 181 is currently awaiting consideration by the full Senate.

Illinois HB 4264 is scheduled for consideration by the House Business & Occupational Licenses Committee today.  As originally filed, the bill would require barbering, cosmetology, esthetician, hair braiding, and nail technician training programs to provide both domestic violence and sexual assault education as determined by rule of the Department of Financial and Professional Regulation.  It also requires that the continuing education needed to renew a license as a cosmetologist, esthetician, hair braider, or nail technician must include both domestic violence and sexual assault education as determined by rule of the Department.

A "strike all" amendment will be considered by the Committee that removes the requirement for training programs to provide both domestic violence and sexual assault awareness education as determined by rule of the Department of Financial and Professional Regulation.  Additionally, the amendment provides that the continuing education for the first renewal of a license for a cosmetologist, esthetician, nail technician, or hair braider after the effective date of the amendatory Act shall (rather than must) include both domestic violence and sexual assault awareness education as determined by rule of the Department, and that for every subsequent renewal of a license, the awareness education shall be an optional course to help fulfill the continuing education requirements (rather than requiring a licensed person to undergo the domestic violence and sexual assault awareness education for every license renewal).

Finally, the amendment includes a clause indicating that "a person licensed under this Act who is required to undergo domestic violence and sexual assault awareness education as a part of his or her continuing education shall not be civilly or criminally liable for acting or failing to act on information obtained during the course of employment concerning potential domestic violence or sexual assault."

State legislation of interest to cosmetology schools can be found in AACS’ Bill Tracking Portal.

On the regulatory front, the Mississippi State Board of Cosmetology has proposed regulatory amendments related to sanitation, including a prohibition of dermaplaning and the use of scalpels by licensees.  A copy of the proposed revisions can be found at the link below.

A rulemaking hearing will be held October 28, 2015 at the Mississippi Board of Cosmetology in Jackson.  Additional details can be found on the notice filed with the Secretary of State.

Please contact Brian Newman at brian.carl.newman@gmail.com or by phone at 202-491-5254 with comments or questions.