The first full week of July finds 13 state legislatures in session. To this end, a summary of key state legislative and regulatory developments of interest to AACS members follows below.
In California, the Senate Business, Professions and Economic Development Committee conducted a hearing yesterday on a bill that extends the regulatory authority for the Board of Barbering and Cosmetology (BBC) until January 1, 2020. As amended June 29th, 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 California 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 and curriculum requirements to determine 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.
One state north in Oregon, the Senate approved HB 2642 by a vote of 28 to 1 on July 2nd clearing the measure for Governor Kate Brown’s signature. As previously reported, the bill establishes a nine member Board of Certified Advanced Estheticians within the Health Licensing Office, and defines "advanced nonablative esthetics procedure" as "a procedure that uses a laser or other device registered with the United States Food and Drug Administration for nonablative procedures performed on the skin or hair, including, but not limited to, procedures performed in conjunction with one of the following modalities: (a) Skin rejuvenation; (b) Photo rejuvenation; (c) Body contouring; (d) Dyschromia reduction; (e) Cellulite reduction; (f) Hair removal or reduction; and (g) Nonablative tattoo removal."
The measure will require cosmetologists to obtain Board of Certified Advanced Estheticians certification in order to perform an "advanced nonablative esthetics procedure." Individuals seeking certification shall be a) at least 18 years of age; (b) an esthetician in good standing with the Board of Cosmetology; and (c) have completed "an advanced nonablative esthetics education program or training program, or an advanced nonablative esthetics program that combines education and training, that is approved by the Board of Certified Advanced Estheticians; or A nationally recognized program that is approved by the Board of Certified Advanced Estheticians and through which individuals are certified to use lasers or other devices for purposes related to practicing advanced nonablative esthetics procedures." Additionally, applicants will need to pass an examination adopted by the Board of Certified Advanced Estheticians by rule; and pay the applicable licensure fees.
Finally, New Jersey Assmbleyman Joseph Lagana (D) introduced a bill – A 4660 – to allow independent contractors to provide cosmetology and hairstyling services or ancillary services.
As indicated in the bill statement, "an individual applying for a license as an independent contractor shall: make application to the board on forms as it may require; submit evidence to the board that he is a practicing licensee who has not less than three years of experience as a cosmetologist - hairstylist; and pay a fee as required by the board. In addition, the bill stipulates that the board shall promulgate rules and regulations relating to the information to be submitted for an independent contractor license, including information regarding an applicant's compliance with State and federal tax laws. Furthermore, the bill provides that no licensed salon facility shall enter into an arrangement with an independent contractor to lease space in the facility unless that contractor: is a practicing licensee who has not less than three years of experience as a cosmetologist-hairstylist and has an independent contractor license; agrees to accept responsibility for any violations of P.L.1984, c.205 (C.45:5B-1 et seq.) incurred as a result of the independent contractor's activities in a salon suite occupied by that contractor; and agrees that the salon suite occupied by that contractor, or up to a total of three contractors in that suite, shall be used exclusively by the contractor or contractors, as the case may be, throughout the terms of the lease agreement."
On the regulatory front, the Missouri Board of Cosmetology and Barber Examiners published rule amendments to conform with Federal state authorization regulations in the July 1st Missouri Register. While no public hearing on the proposed amendments is scheduled, interested parties may file a statement in support of or in opposition with the Missouri Board of Cosmetology and Barber Examiners, P.O. Box 1062, Jefferson City, MO 65102, by facsimile at (573) 751-8176, or via email at
cosbar@pr.mo.gov. To be considered, comments must be received by July 30th.
For the full text of the proposed rule amendments and additional information, please see the link below (page 17 of the PDF).