New Key State Legislative and Regulatory Developments

 

Six state legislatures are actively meeting the first full week of October. A short summary of state legislative and regulatory developments of interest to AACS members follows below.

On October 2, California Governor Jerry Brown signed AB 181 into law. The measure, which passed the legislature last month without a single dissenting vote, 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."

In Ohio, the House Government Accountability and Oversight Committee will conduct a first hearing on HB 227 this afternoon.  It is typical for Ohio bills to have multiple Committee hearings before a vote. As previously reported, 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."
• 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.

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

On the regulatory front, The Texas Department of Licensing and Regulation has published rules to implement the changes made by H.B. 104 and H.B. 2717, which were both signed into law in June. H.B. 104 allows services to be provided outside a licensed facility for special events such as weddings, and; H.B. 2717 deregulates hair braiding. 

Comments on the regulatory proposal can be submitted to Pauline Easley, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, by fax or email to erule.comments@tdlr.texas.gov by October 16, 2015.  

The full regulatory draft can be viewed at the link below.

Please do not hesitate to contact Brian Newman at brian.carl.newman@gmail.com or by phone at 202-491-5254 with comments or questions.