What Temperature is Your State?

 

Despite the cold temperatures in much of the country, 2016 state legislative activity is heating up with 33 state legislatures convening this week. During this period of intense activity, AACS will vigilantly monitor state bills of interest to our members. To this end, a weekly report of key developments follows below.

In Indiana, HB 1172 is expected to be considered by the full House of Representatives Tuesday, January 19th after receiving House Committee on Employment, Labor and Pensions approval by a vote of 9 to 1 on January 12th. The bill amends the definition of cosmetology to clearly indicate that cosmetologists may shave or trim beards. Additionally, the measure would allow the Indiana State Board of Cosmetology and Barber Examiners to adopt rules that "will allow curriculum offered by a beauty culture school licensed under this chapter to be delivered within a distance learning environment."

Michigan's House of Representatives adopted a substitute to HB 5001 last week and placed the bill on third reading. As currently drafted, the measure increases the educational requirements for massage therapist licensure from 500 hours to 625 hours for students who enroll in a massage education program on or after August 1, 2016. The bill also strikes a current provision requiring licensees to hold a high school diploma or equivalent.  

Across Lake Michigan in Illinois, a bill was introduced to amend various licensure acts - including cosmetology - to remove provisions allowing or requiring authorities to revoke professional licenses for defaulting on an educational loan provided by or guaranteed by the Illinois Student Assistance Commission. SB 2236 is currently awaiting a committee assignment.

West Virginia HB 2777 was reintroduced on January 13th and referred to the House Government Organization Committee. The bill, which removes braiding and weaving from the definition of cosmetology, is a refile of a measure that was passed by the West Virginia House of Representatives last year. The measure would also revise the composition of the State Board of Cosmetology and change the oversight of aestheticians and nail technicians from licensure to registration. Graduation "from a licensed school which has been approved by the West Virginia Council for Community and Technical College Education" or an out-of-state institution would however be a requirement for registration.   

For licensed instructors and schools, HB 2777 revises current law by definitively stating "the Board shall issue a certificate to be an instructor in a school for barbering, cosmetology, hairstyling, nail technician or aesthetics if a person: (1) Completes an application prescribed by the Board; (2) Holds a current West Virginia license in the field in which the person seeks to teach or equivalent from another state as determined by the Board; (3) Completes a one year instructor training course in a school that is licensed by the West Virginia Council for Community and Technical College Education; (4) Passes the instructor training final examination; and (5) Passes a national written examination in instructor training." The bill also contains clauses providing "that a licensed school shall have a minimum of one chair per student" and "that should the number of students exceed twenty, no more than twenty chairs shall be required."     

Other bill introductions of interest include: 

Missouri HB 2254 - This bill would establish a new class of licensure for hair braiders. As drafted, the measure would require individuals to complete a course of study in hair braiding not less than 500 hours.   

Iowa SF 2013 - The measure exempts "African-style hair braiding" from the definition of cosmetology.

Florida HB 1187 and SB 1050 - Both bills contains language exempting "hair wrapping" and "body wrapping" from regulation under the state's Cosmetology Act.

Florida HB 123 - This measure would require Florida Commission for Independent Education licensed schools to maintain federal student loan cohort default rates below 30 percent for 3 consecutive years or at or below 40 percent for any given year. Accordingly, "the commission shall revoke the license of an institution under its jurisdiction whose federal student loan cohort default rate exceeds the threshold."

South Carolina HB 4574 - The "Electrology Practice Act" establishes a licensure framework for electrologists, electrology education programs and instructors in South Carolina.

Virginia HB 957 - The bill would require individuals who practice laser hair removal to be licensed by the Board of Medicine. At a minimum, regulations would require laser hair removal technicians to "either (i) obtain written documentation that the patient had received a diagnostic examination from a licensed practitioner of medicine, osteopathy, chiropractic, or podiatry with regard to the ailment or condition to be treated or (ii) provide to the patient a written recommendation for such a diagnostic examination. The regulations may include requirements for approved education programs, experience, and examinations."

Tennessee HB 1582 and SB 1536 - These measures extend the operating authority of the state board of cosmetology and barber examiners until June 30, 2018;

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

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