State Legislative Updates
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The second week of May finds 21 state legislatures actively meeting and three more – Arkansas, Colorado and Missouri – scheduled to adjourn sine die before the end of the week. As always, AACS will keep you apprised of the latest developments from across the country of interest to barbering and cosmetology schools.
Arizona’s Senate unanimously approved a state authorization bill for barbering schools on May 6 that has been subsequently sent to Gov. Doug Ducey (R) for signature into law. As previously reported, HB 2292 adds statutory language proving barber schools recognition as a post-secondary educational institution if specific criteria are met. Special thanks to Sam Barcelona and the Arizona Board of Barbers for their efforts on behalf of accredited barbering schools.
Similarly, HB 2035 has been transmitted to Gov. Ducey after a unanimous House concurrence vote on May 4. As approved by the legislature, the bill revises the composition of the seven-member Board of Cosmetology by removing the educator who does not represent the cosmetology or nail technology industry and adding another public seat. It also allows a person at least 18 years of age to become a licensed cosmetology, aesthetician, instructor or nail technician without submitting high school credits. Additional provisions of the bill include: a prohibition against teaching cosmetology, aesthetics or nail technology without an instructor license, and; the establishment of a six member House of Representatives Study Committee on Cosmetic Lasers to review the regulatory framework for laser certification, the monitoring practices and opportunities for businesses to operate in a safe environment.Per the measure, the Study Committee would be required to submit a report by January 1, 2017. The bill required a concurrence vote as the Senate reduced the age of being required to submit high school credits from 24 to 18.
In Rhode Island, the Senate unanimously approved SB 2162 last week. As previously reported, the measure – currently in the House Corporations Committee – permits licensed barbers, hairdressers, cosmeticians, manicurists, and estheticians to relocate to another hair design shop once during the term of their license without needing to obtain another license.
New Hampshire’s House Executive Department and Administration Committee recommended passage of SB 315 with a strike all amendment. The recommended language removes "shampooing" from the definition of barbering and master barbering. The definition of cosmetology is also amended to excluding "cleansing" hair, and to include pedicures, artificial nail enhancements, applying makeup or eyelashes, and removing superfluous hair. Language was also added to provide a licensure exemption for "persons employed as shampoo assistants in a licensed shop who perform the functions of shampooing, rinsing, and removing rollers or perm rods, and rinsing treated or untreated hair." As previously reported, SB 315 would require students studying in a licensed school to receive an apprentice license.
In Oklahoma, the Senate approved SB 687 last week by a vote of 34 to 6 allowing the Massage Therapy Practice Act to be sent to Gov. Mary Fallin (R). As previously reported, the bill requires massage therapists to be licensed by the State Board of Cosmetology and Barbering. After a brief phase in period, license applicants will have to be at least 18 years of age, "complete the equivalent of five hundred (500) hours of formal education in massage therapy from a state licensed school," pass an examination, carry liability insurance, and disclose to the board any criminal proceedings involving a guilty or no-contest plea or a conviction of a felony, a misdemeanor involving moral turpitude, or a violation of controlled dangerous substance laws. For schools, the measure requires licensure by the Oklahoma Board of Private Vocational Schools (OBPVS).
Finally, a Delaware bill to deregulate natural hair braiding was reported out of the House Sunset Committee on May 4. As reported last week, HB 346 also proposes to recast and downsize the state’s Board of Cosmetology and Barbering from 13 to 11 members.
Links to 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 to contact Brian Newman at brian.carl.newman@gmail.com or by phone at 202-491-5254 with comments or questions.
