AACS State Update

The second week of August finds only two state legislatures in session – California and New Jersey – as the National Council of State Legislatures (NCSL), a bipartisan organization that serves the legislators and staffs of the states, commonwealths and territories, is currently conducting its 2016 Legislative Summit in Chicago.  As always, AACS will keep you apprised of the latest developments from across the country of interest to barbering and cosmetology schools.

In California, the Assembly unanimously approved SB 1044 as amended on August 4th and sent the measure back to the Senate for a final concurrence vote.  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.”

On the same day, California’s Assembly voted 60 to 2 to approve SB 896 and return it to the Senate for a concurrence vote.  As previously reported, this measure requires nail care establishments that accept credit/debit cards to also accept a credit/debit card tip.

The Senate Appropriation Committee approved California AB 2437 last week for consideration by the full Senate.  As previously reported, the bill requires the state’s Labor Commissioner, on or before June 1, 2017, to develop a model notice “pertaining to the workplace rights and wage and hour laws for employees of establishments licensed under the Barbering and Cosmetology Act.”  The notice required by the bill, at a minimum, must include information on the following: misclassification of an employee as an independent contractor; wage and hour laws, including, but not limited to, minimum wage, overtime compensation, meal periods, and rest periods; tip or gratuity distribution; how to report violations of the law; business expense reimbursement, and; protection from retaliation.

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, Utah’s Division of Occupational and Professional Licensing is accepting comments on rules to implement HB 352, increase the fine schedule for unlicensed practice, and modify the approved accrediting bodies for schools.  Specifically, Subsection R156-11a-601(1)(b) is modified to name the United States Department of Education as the approval authority for accrediting bodies, and remove the Utah Board of Regents, which no longer approves accreditation for barber, cosmetology barber, esthetics, electrology, and nail technology schools.

As enacted, HB 352 lowers the number of hours required for instructor training.  For cosmetology/barbering instructors, the measure would require a 400 hour instructor training program conducted by a licensed or recognized school – a 600 hour reduction from the previous 1,000 hour requirement.  Furthermore, the measure provides for an “on-the-job instructor training program conducted by a licensed instructor” pathway for licensure.  The regulatory proposal therefore specifies standards for on-the-job instructor training and states that on-the-job instructor training shall include all of the following categories:

(a)  motivation and the learning process;
(b)  teacher preparation;
(c)  teaching methods;
(d)  classroom management;
(e)  testing;
(f)  instructional evaluation;
(g)  laws, rules and regulations; and
(h)  Utah Barber, cosmetology/Barber, Esthetics (Master level), Electrology and Nail Technology Instructors Examination review.

The proposal also states that “the instructor trainee shall not count toward the instructor-to-student ratio;” and that the “on-the-job instructor training shall be completed within one year, unless the instructor trainee provides documentation of extenuating circumstances justifying an extension.

A rulemaking hearing was held in Salt Lake City on August 1st.  Comments however are still be accepted until August 31st.  For additional information, please see the link below.

http://www.rules.utah.gov/publicat/bulletin/2016/20160801/40589.htm

Arizona’s Board of Cosmetology has released a proposed rule which “may make it easier for individuals who are more fluent in Spanish, Korean, or Vietnamese to pass the written licensing examination and obtain a license.”  As the Board’s current examination provider –Professional Credential Services, Inc. (PCS) – offers written cosmetology examinations in English, Spanish, Korean, and Vietnamese, “this rulemaking allows the written licensing examination to be offered in Arizona in all available languages.”

A rulemaking hearing will be held on September 12th in Tempe.  For additional information, please see the link below.

http://apps.azsos.gov/public_services/register/2016/31/04_proposed.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.