As we prepare to gather in Phoenix for the AACS Convention, there are nine state legislatures actively meeting this week. Accordingly, please find a summary of state legislative and regulatory developments of interest below.

In Columbus, Ohio, the Senate Government Oversight and Reform Committee will hear proponent testimony today on SB 213. At least one additional hearing for opponents and interested parties will be subsequently scheduled before a committee vote. The bill, which is similar to HB 227, is a fairly extensive rewrite of the state’s cosmetology act. Key provisions of interest to schools include:

• Permission for private cosmetology schools to offer competency-based credit for the purpose of satisfying minimum hours of training and instruction. Under current law, only schools operated by public entities may offer competency-based credit.
• The establishment of boutique services as a separate branch of cosmetology. According to the bill, "’Boutique services’ include braiding, threading, and eyelash extension services, and any other beauty service considered to be a ‘boutique service’ by the board of cosmetology."
• A registration requirement for individuals practicing boutique services which includes "an affidavit providing proof of formal training or apprenticeship under an individual providing such services."
• Transitioning "managing" cosmetologists and estheticians to "advanced" cosmetologists and estheticians. For the training option, the bill lowers the number of training hours needed for "advanced "licensure to 100 hours, regardless of the branch of cosmetology licensed. Therefore, a student in an Ohio cosmetology school can complete the number of hours required for an initial license to practice plus an additional 100 hours of advanced training in order to meet the qualifications of advanced licensure.
• 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.
• A requirement for schools to annually review the subjects and coursework required to receive an initial cosmetology license and an advanced license and to incorporate training standards adopted by the Board.
• A requirement for newly-licensed individuals without a related cosmetology work history to complete a six-month apprenticeship in a salon before practicing without supervision.
• An expanded role for Board-hired inspectors allowing them to inspect and investigate schools.
• A provision preventing the Board from taking "disciplinary action against an individual licensed to operate a salon or school of cosmetology for a violation of this chapter that was committed by an individual licensed to practice a branch of cosmetology, while practicing within the salon or school, when the individual's actions were beyond the control of the salon owner or school."

In Illinois, a strike all amendment to HB 4264 was introduced on the House floor. The amendment would require cosmetologists, estheticians, nail technicians and hair braiders seeking their initial licensure renewal to receive one hour of domestic violence and sexual assault awareness education as prescribed by rule of the Department.  For every subsequent renewal of a license, "one hour of the continuing education may include domestic violence and sexual assault awareness education.

The amendment also includes a clause indicating that "a person licensed under this Act who is required to undergo domestic violence and sexual assault awareness education as a part of his or her continuing education shall not be civilly or criminally liable for acting in good faith or failing to act on information obtained during the course of employment concerning potential domestic violence or sexual assault."

 

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

On the regulatory front, the Virginia Board for Barbers and Cosmetology has released a proposed rule incorporating previously adopted wax technician regulations and making other substantive and clarifying changes. 

For school licensure, the proposal adds a requirement indicating that the applicant shall be in good standing at a licensed school in Virginia "and all other jurisdiction where licensed." Additionally, the applicant and "all members" of responsible management would be required to "disclose all felony convictions during their lifetime, certain misdemeanors within the last  three years, and any prior discipline by a licensing entity."  

Additional proposals include requiring schools to report any change in responsible management to the board within 30 days of the change; and authorizing the Board or any of its agents "to inspect during reasonable hours any licensed school for compliance." 

Comments on the regulatory proposal can be submitted to Demetrios J. Melis, executive director, Board for Barbers and Cosmetology, Professional and Occupational Regulation, by mail, fax or email to barbercosmo@dpor.virginia.gov by December 18, 2015. A rule-making hearing will also be held on December 16, 2015.  For additional details and the full text of the proposed rule, please see the link below.

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