New Key State Legislative and Regulatory Developments

As the last full week of summer finds 10 state legislatures actively meeting this week, please find a brief summary of state legislative and regulatory developments of interest to AACS members below.

Last week, both chambers of California’s legislature voted without a single dissenting vote to forward AB 181 to Governor Jerry Brown for his signature into law.  The measure extends the regulatory authority for the Board of Barbering and Cosmetology (BBC) until January 1, 2020.  As approved by the legislature, 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."   

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

On the regulatory front, a "proposed draft" of Nevada State Board of Cosmetology regulatory modifications was posted on September 11th.  This replaces the August 13th "initial draft" and indicates that the proposal is moving through the rulemaking process.  As previously discussed, the proposed regulations slightly modifies the continuing education requirements for instructions and implements various statutory requirements, including at least four hours of instruction related to infection control and prevention for licensure renewal.  

The regulatory draft also outlines the transition from 1,800 hours to 1,600 hours of required training for cosmetology licensure.  Accordingly, "a cosmetologist student enrolled in a licensed cosmetology school in the State of Nevada will receive a reduction of hours from 1,800 hours to 1,600 hours, if the student elects to, with the school he initially enrolled in if the student initially commenced instruction between August 1, 2015 through September 30, 2015 inclusive.  A cosmetologist student enrolled in a licensed cosmetology school in the State of Nevada is required to complete 1,600 hours of training if the student initially commenced instruction on or after October 1, 2015."

Cosmetology schools in Nevada will also be interested in the minimum space, equipment and curriculum requirements beginning on page 32 of the PDF file.  Additionally, the draft provides for mandatory breaks for students and "a maximum of 7 hours of service on the public per day."

Please click on the link below to view the "proposed" regulatory draft.

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