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State Update – June 19

State Update – June 19

THIS WEEK IN THE STATES
Summer will begin on Thursday with 10 state legislatures actively meeting. The following state legislatures will be adjourning before the end of the month:

New Hampshire – June 28 (projected)
Delaware and Rhode Island – June 30
THIS WEEK’S HEADLINES
Cosmetology Licensure Compact Reaches Implementation Threshold
Michigan Increases Hours to Address ED “Certification Procedures”
Last Call to Comment on Virginia Hour Reduction Regulations
STATE LEGISLATIVE UPDATES
Colorado
Earlier this month, Governor Jared Polis (D) signed a Cosmetology Licensure Compact bill – HB 24-1111 – into law. Since Colorado is the seventh state to pass adopting legislation, the Compact has now met the threshold necessary for implementation.

Delaware
The Senate Legislative and Sunset Committee will be conducting a June 18, 2024, hearing on a bill that would increase the course of instruction for massage therapy from 500 to 625 hours. The House unanimously passed HB 386 prior to Memorial Day.

Michigan
The House voted 93 to 16 last week to pass SB 702. Once enrolled, the measure to increase the number of hours required for licensure as a cosmetology instructor (from 500 to 600), manicurist (from 400 to 600), and esthetician (from 400 to 750) will be transmitted to Governor Gretchen Whitmer (D) for signature into law.

A bill to reduce the course of instruction for barbering from 1,800 to 1,500 hours was recently introduced by freshman State Representative Jaime Churches (D). HB 5786 was referred to the House Regulatory Reform Committee. The hour reductions would pertain to both barber colleges and apprenticeship programs. 

New Jersey
The Senate Commerce Committee voted unanimously last week to favorably report a bill to allow cosmetology and hairstyling students with at least 60 hours of course instruction in cosmetology and hairstyling to receive a student permit to shampoo hair. S2245 was subsequently referred to the Senate Budget and Appropriations Committee. 

Assemblyman Sterley Stanley (D), the Chair of the Assembly Regulated Professions Committee, introduced a bill this week – A4587 – to increase the hours required to obtain licensure as a teacher in cosmetology-hairstyling or as a massage and bodywork therapist. According to the measure’s official statement, “current regulation for cosmetology-hairstyling and current law for massage and bodywork therapy requires 500 hours. This bill increases each requirement to 600 hours. The increase allows individuals seeking the respective license to qualify for certain federal aid.” An identical Senate companion bill was introduced last week by Former Majority Leader Joseph Cryan (D) and Majority Caucus Chair Nellie Pou (D). S3451 has been referred to the Senate Budget and Appropriations Committee.

Ohio
HB 158 received final legislative approval last week with the House voting unanimously to concur in Senate amendments. The bill designed to harmonize barber and cosmetology code following the consolidated of the professions under a combined Board in 2018, includes the Cosmetology Licensure Compact and language specifying that the Board must adopt rules specifying a passing score for the barbering examination that cannot exceed 75 percent. Currently, an individual must attain at least a 75 percent score on each part of the barber examination to be eligible for a barber license.

The measure also provides for the creation of a single school license – instead of separate barber school licenses and school of cosmetology licenses – and allows
a school to employ individuals who are not licensed barber instructors to teach subjects related to business and management at the school. Under current and continuing law, a school offering cosmetology instruction may employ an individual not licensed under the Cosmetology Act to teach these subjects.

According to an official summary, an applicant must meet the following general requirements to be issued a school license, which are the current law requirements for a school of cosmetology license:

Maintain a course of training for the branch or branches of cosmetology or barbering to be taught at the school that is equal to the requirements under the law for an individual to be granted a license (similar to current law for barber school licenses);
Have sufficient equipment to teach all subjects in the curriculum (similar to current law for barber school licenses);
Notify the Board of each new student and keep records related to the student’s progress (similar to current law for barber school licenses);
Keep a record of attendance if the school offers clock hours (added by the bill for schools that teach barbering);
File a surety bond with the Board in the amount of $10,000 (similar to current law for barber school licenses);
Establish an internal procedure for processing complaints (added by the bill for schools that teach barbering).

Once enrolled, HB 158 will be transmitted to Governor Mike DeWine (R) for signature into law.

Pennsylvania
The Senate Consumer Protection & Professional Licensure Committee voted unanimously last week to favorably report HB 327 to the full Senate.

The measure would:

Lower the age requirement to take the barber-teacher’s license examination from 23 to 18 years of age.
Reduce the minimum training hours required for a barber to become a teacher from 1,250 to 500. This training shall be limited to teaching methods and doesn’t need to be specifically related to barbering.
Allow an individual who currently holds both a cosmetology license and a barber’s license to obtain a barber-teacher license if the individual completes the training and exam required for licensure as either a barber-teacher or a cosmetology teacher. 
Allow barber-teachers with a current license in another state to obtain a license in Pennsylvania without an exam upon payment of the necessary fee.
Allow barber-teachers to supervise non-licensed individuals who are shampooing hair.
Remove a restriction that a barber shop licensee who employs a licensed cosmetologist shall also be a licensed barber-manager or employ a barber-manager. 
UPCOMING LEGISLATIVE HEARINGS
July 1, 2024, at 10 a.m. – California Senate Business, Professions and Economic Development Committee Hearing on AB 1328
AB 1328 is a bill to enter the Cosmetology Licensure Compact.
STATE REGULATORY UPDATE
Arkansas
Amended Cosmetology and Body Art rules were submitted to the Arkansas Register earlier this month. The rulemaking is necessary to comply with 2021 and 2023 Acts that partially deregulated hairstyling and provided for “automatic occupational licensure.”


Comments on the proposed rules can be submitted to cosmo@arkansas.gov until July 10, 2024.


Iowa
Last week’s Iowa Administrative Bulletin contains several notices indicating that rules pertaining to massage therapy were adopted and become effective on July 17, 2024. Schools teaching massage therapy in the Hawkeye State should review ARC 8052C – which sets minimum standards for the education provided to massage therapists.


Montana
The Board of Barbers and Cosmetologists will be conducting a remote rulemaking hearing on June 27, 2024, at 9:00 a.m. to consider amended rules in support of the Governor’s Red Tape Relief Initiative. “This review focuses on updating rules to current standards and procedures, and eliminating unnecessary, redundant, and overburdensome regulations and those duplicated in statute. Other changes replace out-of-date terminology for current language and processes, and amend rules and catchphrases for accuracy, consistency, simplicity, better organization, streamlining, and ease of use for customers and staff…Following consideration of the department’s suggested changes, the board determined it is reasonably necessary to amend 23 rules, repeal 22 rules, and adopt five new rules to align with the Red Tape Relief Initiative.”


Additional information – including proposed text and the ZOOM link for the rulemaking hearing – can be found here. Schools should closely review Sections 24.121.805 School Operating Standards, 24.121.807 School Curricula, and 24.121.1103 Teacher-Training Programs, as well as New Rule II School Equipment and New Rule III Continuing Education – Teachers. Each section of the rulemaking contains a “reason” statement for the addition, repeal, or amendment.
  
Texas
The Texas Commission of Licensing and Regulation adopted amended criminal conviction guidelines last month for massage therapy. The guidelines detailing the process by which the Department of Licensing and Regulation determines whether a criminal conviction renders an applicant an unsuitable candidate for the license, or whether a conviction warrants revocation or suspension of a license previously granted, can be found here


Virginia
As previously reported, the June 3, 2024, Register of Regulations published a final rule to reduce the minimum course of instruction for cosmetology from 1,500 hours to 1,000 hours. The regulation is currently in a 30-day final adoption period by which schools and other parties can comment until July 3, 2024, on the changes.


The final text can be found here. The regulation will become effective on September 1, 2024, unless the Governor or legislature intervenes, or the Board for Barbers and Cosmetology suspends the regulatory process.
QUESTIONS?
Please visit the AACS Bill Tracking Portal for bill text and current status. You may also contact StateGR@beautyschools.org with comments or questions.

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