Eventually, forty-six states will convene 2016 legislative sessions.  Most of which will adjourn before Memorial Day.  During this relatively compressed timeframe, AACS keep you apprised of legislative and regulatory activity from across the county.

In Missouri, HB 1770 was officially introduced.  The bill entitled the "Hair Braiding Freedom Act" exempts hair braiding from the practice of cosmetology.  If signed into law, the measure would require hair braiders to register with the Missouri State Board of Cosmetology and Barber Examiners, pay a registration fee of up to $25, and complete a self-test about infection control.

Indiana HB 1172 was introduced last week and referred to the House Committee on Employment, Labor and Pensions.  The bill adds the following to the definition of cosmetology: "removing superfluous hair from the body by the use of depilatories, waxing, or tweezers; shaving or trimming beards and mustaches; [and] giving facials, applying makeup, and giving skin care."  Additionally, the measure revises the definition of "manicuring" and defines "pedicuring" as cleaning, dressing, polishing, sculpting, tipping, or wrapping the nails of a person's foot. 

For licensed beauty culture schools, the bill requires the Indiana State Board of Cosmetology and Barber Examiners to adopt rules concerning the minimum amount of space, equipment, and supplies for specific courses of study.  More importantly, the board "may adopt rules" that "will allow curriculum offered by a beauty culture school licensed under this chapter to be delivered within a distance learning environment."  The measure specifies that Instructors used in the distance learning environment must be licensed per Indiana statute.  Finally, HB 1172 would allow individuals 17 years of age – a one year reduction from current law – to apply for a cosmetologist or esthetician license.

An omnibus cosmetology bill was introduced in Arizona yesterday by Speaker of the House David Gowan and referred to the House Commerce Committee.  HB 2035 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 would also allow a person at least 24 years of age to become a licensed cosmetology, aesthetician, instructor or nail technician without submitting high school credits.  Finally, the bill would permit an aesthetician or a cosmetologist who has been certified as a laser technician to use a laser or IPL device with "indirect supervision" of a health professional.  Current law required "direct supervision" for purposes other than hair removal.   

In New Hampshire, two bills of interest were introduced last week.  SB 315 was introduced at the request of the Board of Barbering, Cosmetology, and Esthetics and revises the definition of "cosmetology" to include pedicures, artificial nail enhancements, applying makeup or eyelashes, and removing superfluous hair.   The measure would also require students studying in a licensed school to receive an apprentice license.  The other bill – SB 313 – would allow a licensed massage therapist to satisfy training requirements for licensure as an esthetician upon approval by the Board of Barbering, Cosmetology, and Esthetics.

 

On the regulatory front, an adopted Nevada State Board of Cosmetology regulation, effective December 21, 2015, was posted.   As previously indicated when the proposed draft was released, cosmetology schools in Nevada will be interested in the minimum space, equipment and curriculum requirements beginning on page 31 of the PDF file.  The rule also provides for mandatory breaks for students and "a maximum of 7 hours of service on the public per day."  Additionally, it states that "no school or clients of a school may pay a student for services delivered during his or her course of study at the school."

Please click on the link below to view the adopted Nevada regulation:

Next door in Arizona, a final rule to implement biennial licensure renewal, pursuant to HB 2120 adopted in 2015, will become effective January 30, 2016.  The regulations also clarifies that licensing examination charges are paid directly to the national professional organization with which the Board contracts rather than the Board.

Please see page 5 of the PDF for the rule text:

Please do not hesitate to contact Brian Newman, AACS’ State Relations Advisor, at brian.carl.newman@gmail.com or by phone at 202-491-5254 with comments or questions.