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Legislative Update: Learn About Rules, Regulations That Will Impact the Beauty Industry

March 21, 2018 | 10:48 AM

This legislative update comes to us from the American Association of Cosmetology Schools (AACS): 

The first week of Spring finds 33 state legislatures actively meeting.  As 2018 state legislative activity is reaching a crescendo, AACS keep you apprised of the latest developments from across the country. 

 Later today, South Carolina’s House Occupational Regulation and Licensing Boards Subcommittee will be conducting a hearing on H5097, which would establish a 1,200-hour hair design license in the Palmetto State.  As previously reported, “'Hair design' means arranging, styling, thermal curling, chemical waxing, pressing, shampooing, cutting, shaping, chemical bleaching, chemical coloring, chemical relaxing, or similar work on the hair, wig, or hairpiece of a person, by any means, with hands and mechanical or electrical apparatus or appliance.”  

 Similarly, Michigan’s Senate Regulatory Reform Committee will be hearing SB 751 this afternoon.  This measure would allow cosmetology students who have completed 350 hours of instruction, and met specific academic requirements, to perform shampooing services – both shampooing and blow drying – on members of the public in a cosmetology establishment. 

 Idaho’s House of Representatives voted 68 to 0 last Friday to send S 1324 to Governor Butch Otter (R).  As previously reported, the bill to combine Idaho’s Barber Examiners and Cosmetology Boards, would reduce the hours of instruction for the following licenses: cosmetology from 2,000 to 1,600; barber-stylist from 1,800 to 1,500, and; electrology from 800 to 600 hours.  Additionally, it would: establish a 100-hour markup artist certificate; allow transfer of educational hours between the professions, and; allow currently enrolled students or actively registered apprentices to practice or demonstrate outside of a licensed school or establishment when the practice/demonstration is not charged and under the direct supervision of a licensed instructor. 

 In Kentucky, the House voted 86 to 1 last week to send a bipartisan bill establishing a 450 hour blow drying services license to Governor Matt Bevin (R).  SB 106 defines "blow drying services" to include any of the following services performed on an individual's hair: arranging; cleaning; curling; dressing; blow drying; and performing any other similar procedure.  The measure also provides for the licensure of “limited beauty salons” that provide only “blow drying services.”

 Kentucky HB 260 has also been sent to Governor Bevin after the Senate voted 36 to 2 on Monday to pass the bill.  As previously reported, the measure makes numerous updates to the state’s Barbering and Cosmetology Acts, including establishing student permits for barbering.  HB 260 also: adds a definition of “esthetic practices;” changes the minimum age for a cosmetology license from 16 to 18; establishes a 750 hour course of instruction for licensure as an esthetician; reduces the course of instruction for nail technicians from 600 to 450 hours; lowers the hours required for instructor licensure from 1,000 to 750; adds a requirement that instructors must hold a current cosmetologist, esthetician, or nail technician license for at least one year; permits “threading,” “eyelash artistry,” and “makeup artistry” in a salon with a permit; and gives the Board of Hairdressers and Cosmetologists the authority to establish various fees. 

 Oklahoma’s House of Representatives voted 78 to 14 last week to pass HB 3011.  As previously reported, the bill proposes to reduce the barbering and cosmetology apprenticeship hours required for licensure from 3,000 to 2,000 hours.  The course of instruction for cosmetology and barbering in an Oklahoma school is 1,500 hours.  Additionally, the measure increases, from one to two, the number of apprentices able to receive training in a cosmetology or barbering establishment at any one time.  The bill has been sent to the Senate where a committee referral is pending.  

 In Rhode Island, the House Corporations Committee conducted a hearing yesterday on a hair braiding deregulation bill.  The Committee recommended that H7565 be held for further study.  The Senate Commerce Committee will be conducting a hearing tomorrow (3/22) on a Senate companion bill – S2323.  

 Finally, Minnesota HF 3850 was introduced last week.  This bipartisan bill, exempting facilities that solely provide eyelash extension services from licensure, has been referred to the House Government Operations and Elections Policy Committee.  A Senate companion – SF 3663 was introduced today and referred to the Senate State Government Finance and Policy and Elections Committee.   

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.  

State Bill Enactments

Delaware HB 97 – Effective May 27, 2018

The measure gives the state’s Board of Cosmetology and Barbering discretion to license individuals convicted of a felony for crimes committed against a person when more than 3 years have elapsed, and more than 2 years have elapsed for other felonies.  Additionally, it precludes the Board is precluded from considering a conviction where more than 10 years have elapsed since date of conviction.

 Upcoming Hearings

April 16, 2018 – California Senate Business, Professions and Economic Development Committee Hearing on SB 999

This bill would remove shampooing from the practice of barbering and cosmetology.

 March 22, 2018 – Rhode Island Senate Commerce Committee Hearing on S2323

See the memo above for additional information.

 And learn more here.

Originally posted on Salon Today.

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