New Key State Legislative and Regulatory Developments
As we begin November, there are eight state legislatures actively meeting this week. A brief summary of state legislative and regulatory developments of interest to cosmetology schools follow below.
In Illinois, another 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.
Pennsylvania HB 246 was reported as amended from the House Professional Licensure Committee on October 21st. The bill modifies the qualifications for barber-teacher licensure by stating that an applicant shall be at least eighteen years of age, be a high school graduate or its equivalent, and either have had five years' experience as a licensed barber in a licensed barber shop or shared shop, or 500 hours of training "under a licensed teacher in a licensed barber or cosmetology school as a teacher-trainee, which hours shall be in addition to the hours necessary to qualify for a license to practice barbering. The training shall be limited to teaching methods and need not be specifically related to barbering."
The bill will also provide a pathway for a manager-barber licensee who possesses a minimum of three year of experience as a manager-barber by January 1, 2015, and no record of disciplinary action, to become a licensed barber-teacher without meeting additional training and examination requirements. Furthermore, the measure states "an individual currently holding both a cosmetology license and a barber's license may obtain a barber-teacher license if the individual completes the training and examination required for licensure as either a barber-teacher or a cosmetology teacher." Finally, the bill addresses licensure reciprocity for barbers and barber-teachers. Accordingly, it will allow barbers or barber-teach licensed in another state with "substantially the same requirements as Pennsylvania" to be licensed without an examination provided that a "mutual reciprocal agreement has been executed between the state licensing boards."
State legislation of interest to cosmetology schools can be found in AACS’ Bill Tracking Portal.
On the regulatory front, The Department of Licensing in the State of Washington has released a proposed rule on October 20, 2015 that will implement the provisions of HB 1063. Most notably, the proposed rule defines "online training" as "an approved electronic learning environment through a licensed school in which a student is enrolled." The associated online training is limited to theory only and "may be used for up to twenty-five percent of the approved course of study."
The regulation also:
- Implements a new hair design license;
- Allows an instructor-trainee to submit documentation that provides evidence of experience as a licensed cosmetologist, hair designer, barber, manicurist, esthetician, or master esthetician for competency evaluation toward credit of not more than three hundred hours of instructor training; and
- Changes the state cosmetology, barbering, esthetics, and manicuring advisory board to the cosmetology, hair design, barbering, esthetics, and manicuring advisory board.
Comments on the regulatory proposal can be submitted to Cameron Dalmas, Department of Licensing, Cosmetology Programby mail, fax or e-mail to
plssunit@dol.wa.gov. A rulemaking hearing will also be held in Olympia on December 4, 2015. For additional details and the full text of the proposed rule, please see links below.