AACS State Update

The last week of June finds only eight state legislatures in session.  As always, AACS will keep you apprised of the latest legislative and regulatory developments from across the country of interest to barbering and cosmetology schools.

The Rhode Island legislature passed identical House and Senate bills earlier this month that 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 bills – SB 3036 and HB 8309 – also provide for barbers to obtain licensure through “a combination of barber school training and apprenticeship training.”  Similarly, they stipulate that electrolysis training may be obtained either from a licensed school or from a 650 hour apprenticeship.  The enrolled bills will soon be sent to Governor Gina Raimondo (D), who spearheaded efforts last year to reduce the state’s roster of licensure categories.

Across the country in California, the Assembly Business and Professions Committee unanimously recommended passage of SB 1044 last week.  As previously reported, the measure would require the Board of Barbering and Cosmetology to determine by regulation when a fine is required to be assessed against both the holder of the establishment license and the individual licensee for the same violation. It would also require the board to determine by regulation when a fine shall be assessed to only the holder of the establishment license or to only an individual licensee for the same violation. In making these determinations, “the board shall consider the egregiousness of the violation of the health and safety regulations and whether the violation is a repeated violation by licensees within the same establishment.”  The bill has been referred to the Assembly Appropriations Committee with a consent calendar recommendation.

A bill to require nail care establishments that accept credit/debit cards to also accept a credit/debit card tip was also approved by the Assembly Business and Professions Committee last week.  California SB 896 has been subsequently referred to the Assembly Appropriations Committee.

Finally, New Hampshire SB 315 was signed in to law by Governor Maggie Hassan (D) on June 22nd.  The measure effective August 20th amends the definition of cosmetology to include pedicures, artificial nail enhancements, applying makeup or eyelashes, and removing superfluous hair.  Language was also added to provide a licensure exemption for “persons employed as shampoo assistants in a licensed shop who perform the functions of shampooing, rinsing, and removing rollers or perm rods, and rinsing treated or untreated hair.”  As previously reported, SB 315 would require students studying in a licensed school to receive an apprentice license.
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, the Ohio State Board of Cosmetology posted a series of proposed rule revisions and amendments online that will be of interest to schools in the Buckeye State.  The rulemaking package includes a new Section 4713-5-14 – combining rules from chapter 3 and 5 – which details procedures for schools seeking to discontinue operations or close.  Also language was added to 4713-5-22 to expressly state that “a licensed school may charge for cosmetology services rendered to the public in the school clinic by supervised students.”  The Board will be conducting a public rulemaking hearing on July 5, 2016 at 9:00 a.m. in the Board room, 1929 Gateway Circle, Grove City, Ohio.

Please seek the links below for additional information:

http://www.cos.ohio.gov/Laws-and-Rules/Rule-Review http://www.cos.ohio.gov/Portals/0/Uploads/File/RuleReview/Notice%20of%20Public%20Hearing%206-16.pdf
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.