AACS State Update

As elected officials from across the United States have been attending quadrennial presidential nominating conventions the last two weeks, it should be no surprise that only two state legislatures – Massachusetts and New Jersey – are in session this week.  In Indiana, the 22-member Republican State Committee voted today to select a GOP gubernatorial candidate to replace Governor Mike Pence on this fall’s general election ballot.  Lt. Gov. Eric Holcomb, with Governor Pence’s endorsement, prevailed over U.S. Representatives Susan Brooks and Todd Rokita, and state Senator Jim Tomes.  As always, AACS will keep you apprised of the latest developments from across the country of interest to barbering and cosmetology schools.

In Rhode Island, SB 3036 and HB 8309 were passed into law without Governor Gina Raimondo (D) on July 16th.  These identical measures reestablish instructor licensure in the Ocean State.  Applicants for an instructor’s license must be a licensed hairdresser, cosmetician, barber, manicurist or esthetician for at least three years prior to applying for an instructor’s license; complete three hundred (300) hours of instruction in teacher training as prescribed by regulation; and pass a written and a practical examination.  The Act, effective upon passage, also provides for barbers to obtain licensure through “a combination of barber school training and apprenticeship training.”  Similarly, it stipulates that electrolysis training may be obtained either from a licensed school or from a 650 hour apprenticeship.  As previously reported, Governor Gina Raimondo (D) spearheaded efforts last year to reduce the state’s roster of licensure categories.

Delaware Governor Jack Markell (D) signed a measure into law on July 19th that deregulates natural hair braiding, and recasts and downsizes the state’s Board of Cosmetology and Barbering from 13 to 11 members.  The measure – HB 346 – also authorizes the Board of Cosmetology and Barbering to “establish by rule and regulation advanced training requirements to assure that the licensee meets accepted standards of care for different techniques and services.”  In plain English, this means that the Board has been provided authority to establish training standards for advanced practice techniques. 

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.

On the regulatory front, Virginia’s Board for Barbers and Cosmetology finalized amendments to their regulations.  According to Board’s official statement released during the regulatory review process:

Section 18 VAC 41-20-130. School license. The proposed amendments update this section to further clarify and standardize the regulations. The proposed amendments add the requirement that the applicant’s license be in good standing and requires applicants and all members of responsible management to disclose all felony convictions within 20 years of the date of application and certain misdemeanors within the last two years, and any prior discipline by a licensing entity. The proposed amendments also add that the Board may deny licensure to any applicant having prior disciplinary violations for which the Board deems the applicant unfit to engage in the profession. The proposed amendments also require disclosure of the applicant’s physical address, the firm’s responsible management, and certify that the applicant has read applicable laws and regulations. The proposed amendments add the requirement that voided licenses be returned to the Board within 30 days and sets forth what events void a license. The proposed amendments also require any change in responsible management be reported to the Board within 30 days of the change. The proposed amendments exempt schools under the Virginia Department of Education. The proposed amendments allow the Board to inspect a school during reasonable hours, and define reasonable hours.

Additionally, the regulatory package stipulates in Section 18 VAC 41-20-200 that schools shall “possess the necessary equipment and implements to teach the respective curriculum. If any such equipment or implement is not owned by the school, then a copy of all agreements associated with the use of such property by the school [the] shall be provided to the board.”  This section was also revised to explicitly state that schools must submit curriculum changes to the Board.  Section 18 VAC 41-20-210 will also be of interest to schools in the Commonwealth as curriculum requirements for nail schools and waxing schools were added.

Other sections of the regulatory package provide for a temporary reduction in application, renewal, and reinstatement fees for all licenses on or before August 31, 2018, in order to reduce an accumulated surplus in the Board’s budget.

For additional information, please click on the links below.

http://www.townhall.virginia.gov/L/ViewChapter.cfm?chapterid=2194
http://www.townhall.virginia.gov/L/ViewStage.cfm?stageid=7557

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