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State Update – May 22

State Update – May 22

The week before Memorial Day finds 16 state legislatures actively meeting, including Minnesota which adjourned for the year on Monday and West Virginia, which is meeting in special session to pass additional appropriations to the budget. On Friday, Illinois’ legislature is also scheduled to adjourn sine die.

Louisiana Hour Reduction Bill Amended on the House Floor
New Hampshire Deregulation Bill Sent to Interim Study Committee
New Jersey Legislators Advance Several Bills of Interest
Oklahoma Governor Signs Hour Reduction Bill
The House voted 128 to 18 to pass a bill that would require barbering, hairdressing and cosmetology school curriculums to “include education and training in the provision of services to individuals with textured hair, including, but not limited to, working with various curl and wave patterns, hair strand thicknesses and volumes of hair.” Once enrolled, SB 178 will be transmitted to Governor Ned Lamont (D) for signature into law. 

HB 4570 received final legislative approval last week with a unanimous Senate vote. The bill headed to Governor JB Pritzker (D) specifies that that a licensed cosmetology teacher who submits barber teacher licensure application must meet all requirements as a barber teacher, except that an applicant who has at least 3 years of experience as a licensed cosmetology teacher would be given credit for hours of instruction completed in subjects that are common to both barbering and cosmetology in the supplemental barbering course. Similar provisions would also apply to licensed barber, esthetician, and nail technician teachers submitting a cosmetology teacher licensure application.

HB 5135 has been calendar for a third reading – final passage – by the Senate. The measure would require massage therapists and individuals subject to Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Board licensure to complete a course in abnormal skin growth education, including training on identifying melanoma.

HB 930 was amended on the House floor to preserve the state’s 1,500-hour cosmetology license and instead establish a hair design license that will require not less than 1,000-hours of instruction. Hair designs defined in the bill to include “the practice of arranging, dressing, cutting, trimming, styling, shampooing, permanent waving, chemical relaxing, straightening, curling, bleaching, lightening, coloring, mustache and beard design, and superficial skin stimulation of the scalp.”

The bill’s sponsor – Representative Lauren Ventrella (R) called the amendment “a very good change to this legislation” and indicated that she worked with the Executive Director of the National Interstate Council of State Boards of Cosmetology on it. 

The House subsequently voted 60 to 38 to pass the amended bill. The measure is currently in the Senate Commerce Committee.

The Senate voted unanimously last week to pass HB 301 and HB 814. HB 301 would allow a person who has earned the equivalent of a high school diploma from a nonpublic school not seeking state approval to be eligible for cosmetologist, esthetician, or manicurist license. HB 814 would lower the minimum age for barber college admission from 17 to 16 years of age. It also contains language allowing younger high school students to enroll “in an approved barber college that operates within a state high school.”  After enrollment, both bills will be transmitted to Governor Jeff Landry (R) for signature into law.

The House Regulatory Reform Committee has scheduled a May 21, 2024, hearing on HB 5683 and HB 5684. 

HB 5684 would allow licensees to perform: exfoliation (limited to the stratum corneum) using a product, chemical, mechanical device, electrical service, or class 1 medical device; dermaplaning or microdermabrasion; non-medical grade hydodermabrasion and chemical peels; high-frequency treatments with documented training; eyebrow and eyelash services, and; facial cupping. 

A companion bill – HB 5683 – would exempt these services from the state’s practice of medicine. Both measures have been referred to the House Regulatory Reform Committee.

Prior to adjournment, the omnibus Jobs, Economic Development, supplemental appropriations bill received final legislative approval with the Senate voting 36 to 25 and the House 83 to 47 to pass a conference report. The measure – SF 5289 – that will be transmitted to Governor Tim Walz (D) includes provisions requiring prospective cosmetologists, hair​ technicians, managers, and instructors to:

(1) successfully complete training on the properties​ of the hair and all hair types and textures, including coil, curl, or wave patterns, hair strand​ thicknesses, and volumes of hair; and
(2) have experience providing services to individuals​ with hair of all types and textures, including coil, curl, or wave patterns, hair strand​ thicknesses, and volumes of hair.

New Hampshire
The Senate Executive Departments and Administration Committee voted unanimously to send HB 644 to an interim study committee. As previously reported, the bill would deregulate blow dry styling, demonstrating cosmetic or beauty equipment, makeup application, and threading.

New Jersey
The Assembly voted 68 to 3 to pass A1628. The bill would expand the universe of State Board of Cosmetology and Hairstyling licensees allowed to teach in private schools of cosmetology and hairstyling as current law limits a license to teach cosmetology and hairstyling to individuals who hold a cosmetologist-hairstylist license.  This bill would allow individuals holding a license to practice barbering, beauty culture, manicuring, or as a hair braiding or skin care specialist, to teach within their scope of practice provided certain other requirements are met.  

The Assembly also passed A3414 by a vote of 60 to 11 and A3891 by a vote of 65 to 7. A3414 bill would establish a shampoo technician license requiring 40 hours of training at a licensed school or public-school vocational program, or for a “reasonable fee,” at a licensed shop. A3891 would establish a “general barbering” license and barbering apprenticeships. As previously reported, the new “general barbering” license is non-chemical and cannot exceed 550 hours of instruction. Both measures have been transmitted to the Senate and are currently in the Senate Commerce Committee.   

The Senate voted 37 to 0 Monday to pass S2495. The bill would require cosmetology-hairstyling, beauty culture, barbering, and hair braiding curriculums to include instruction on working with textured hair. The Assembly Regulated Professions Committee recently reported the House companion bill to the Assembly Labor Committee.
A bill that would allow teaching experience to be considered when an out-of-State individual applies for a license from the State Board of Cosmetology and Hairstyling was recently introduced. The measure states “prior teaching experience, which, at the discretion of the board and as determined by the board, shall be equivalent to all or part of the three years of prior practical experience working in a licensed shop, in a facility licensed or otherwise approved by an agency in the other jurisdiction to allow teaching in cosmetology and hairstyling services.” A4316 has been referred to the Assembly Regulated Professions Committee. 

Deputy Speaker Shanique Speight (D) and Assemblyman Reginald Atkins (D) introduced a bill to license “cosmetic retail service establishments” as present law requires cosmetic retailers offering paid services to meet the same space requirements as a full-service salon.  Per A4331, a limited cosmetic retail service establishment would be allowed one chair for every 750 square feet of retail space. 

According to the sponsors, the beauty and cosmetics industry employs a large number of New Jersey residents and is critical to the success of retail facilities within the State, such as shopping malls and retail centers.  This bill will create new jobs for persons already licensed as skincare specialists, allow those graduating from an approved cosmetology school to have more options for employment, and grow the retail-based economy of New Jersey.

An identical Senate companion – S3227 – was introduced last week by Senator Angela McKnight (D) and referred to the chamber’s Commerce Committee. 

New York
New York A8624 was amended and recommitted to the Assembly Economic Development Committee. The bill would update the Empire State’s existing Natural Hairstyling license
and rename it. It would also establish Natural Hair Care and Braiding License apprenticeships that are one-year in length and require “a mandatory twenty-five hour online, in-person or hybrid course of study shall be required in conjunction with this apprenticeship program from an accredited school approved by the New York state department of licensing in the areas of health and safety, science and sanitary practices, and alopecia and scalp disorders.”

The current version would allow unlicensed persons practicing natural hair care and braiding in New York State or any other state or country for at least five years to obtain a “temporary license” that would allow them to continue to work while fulfilling licensure training requirements.

Assemblywoman Alicia Hyndman (D) introduced a Cosmetology Licensure Compact bill – A 10195. A Republican-sponsored Compact bill – A 8199 – was introduced in October, 2023. Both measures are currently in the Assembly Economic Development Committee.

A bill to extend the sunset date for the State Board of Cosmetology from July 1, 2024, to July 1, 2027,is headed to a conference committee after the Senate rejected House amendments to SB 1233.
Earlier this month, Governor Kevin Skitt signed HB 2141 into law. The Act contains provisions to lower the course of instruction for barbering and cosmetology to 1,000 hours for nonchemical-use licensure or 1,250 hours of chemical-use. To this end, the Board of Barbering and Cosmetology has been tasked with adopting new curriculums on or before July 1, 2025.

The measure also establishes a 600-hour requirement for all instructor licenses, which is a 400-hour decrease for barbering and cosmetology instructors and a 300-hour increase for specialty instructors. Additional provisions:

-deregulate shampooing and hair braiding, and provide for a blow-drying styling certificate that could be obtained from the State Board of Barbering and Cosmetology after receiving 12 hours of instruction in safety, sanitation, and the use of mechanical devices.
-establish a 120-hour eyelash extension specialist license and provide for eyelash extension instructors;
-eliminate the cosmetician license which includes hair arranging and the application of makeup;
-allow barbering and cosmetology apprentices to receive compensation;
-reduce barbering and cosmetology apprenticeship training hours from 3,000 to 2,250;
-double from one to two the number of apprentices allowed to receive training in a cosmetology or barbering establishment, and;
-revise licensure fees.
The May 1, 2024, Iowa Administrative Bulletin announced that the following Board of Barbering and Cosmetology Arts and Sciences rules have been adopted and will become effective on July 1, 2024.

Chapter 60 – Licensure of Barbers and Cosmetologists, Electrologists, Estheticians, Nail Technologists, and Instructors of Barbering and Cosmetology Arts and Sciences
Chapter 61 – Licensure of Establishments and Schools of Barbering and Cosmetology Arts and Sciences
Chapter 63 – Infection Control for Establishments and Schools of Barbering and Cosmetology Arts and Sciences
Chapter 64 – Continuing Education for Barbering and Cosmetology Arts and Sciences
Chapter 65 – Discipline for Barbering and Cosmetology Arts and Sciences Licensees, Instructors, Establishments, and Schools

Proposed instructor training amendments that would establish a uniform instructor program among licensed cosmetology, barber, nail, wax, and esthetics schools were published in the May 20, 2024, Virginia Register of Regulations.

A public hearing on the regulations has been scheduled for July 15, 2024, at 10:00 a.m. Comments on the proposed regulation can also be submitted online until July 19, 2024. 
Please visit the AACS Bill Tracking Portal for bill text and current status. You may also contact with comments or questions.

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State Update – June 4

The first week of the June finds only 14 state legislatures actively meeting. Recent and upcoming legislative adjournments include Louisiana on June 3 and New York on June 6. 

Another four states – Arizona, Delaware, New Hampshire and Rhode Island – will be adjourning their respective 2024 legislative sessions at the end of the month.

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