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State Update – May 8

State Update – May 8

The first full week of May finds 25 state legislatures actively meeting. Another significant wave of adjournments will take place this month with the following states adjourning their respective 2024 legislative sessions indefinitely.

Colorado and Connecticut – May 8
Arkansas and South Carolina – May 9
Vermont – May 10
Mississippi – May 14
Alabama and Minnesota – May 20
Oklahoma Passes Hour Reduction Bill
Georgia Governor Signs Blow Dry Styling Deregulation Bill
Cosmetology Licensure Compact Nears Launch Threshold 
Governor Kay Ivey (R) signed a bill extending the sunset of the Board of Cosmetology and Barbering until October 1, 2028. The measure – SB 139 – received final legislative approval at the end of April with the House voting 99 to 2 to pass the bill. 

The Assembly voted 75 to 0 last month to pass AB 2166. As previously reported, the bill would require schools to provide chemical and hairstyling services training for “all hair types and textures, including, but not limited to, various curl or wave patterns, hair strand thicknesses, and volumes of hair.”
The Assembly also unanimously passed AB 2918. The official summary states, the measure mandates the timely updating of licensee addresses on the board’s website to ensure consumers “have reliable access to up-to-date information about licensed professionals, enabling them to make informed decisions regarding which provider to go to.”
Both measures have been transmitted to the Senate and are awaiting assignment to a standing committee. 

The state’s Cosmetology Licensure Compact bill received final legislative approval with a unanimous – 34 to 0 – Senate vote last week. If passed Compact bills in Colorado and Tennessee are signed into law by their respective Governors, as expected, the Compact will reach the seven-state threshold required for launch. 
On Saturday, the Senate voted unanimously to pass HB 24-1333. The measure headed to Governor Jared Polis (D) would extend the state’s private occupational school Act through September 1, 2035, and require the Private Occupational School Board to grant prior approval for a change of ownership. 

Governor Brian Kemp (R) signed a blow-dry styling deregulation bill into law last week. Effective July 1, 2024, SB 354 will exempt from licensure individuals whose activities are limited to shampooing, blow-dry styling, and applying cosmetics. The Act however contains language prohibiting unlicensed stylists from using curling and flat irons.  

The Senate Licensed Activities Committee voted unanimously to favorably report HB 5135 to the Senate floor. As previously reported, the bill 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.
The same Committee has scheduled HB 4570 for a May 8, 2024, hearing. The bill 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 three 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.

The House Government Operations Committee voted unanimously last month to favorably report a “clean” compact bill – SB 89 – to the full Senate. The version that advanced does not include a 2023 Committee amendment that would have reduced the course of instruction for cosmetology (from 1,500 to 1,000 hours) and barbering (from 1,800 to 1,000 hours).

Maryland has become the fifth state to adopt the Cosmetology Licensure Compact with Governor Wes Moore (D) signing HB 383 / SB 27.

Governor Moore also signed the following bills into law:
HB 1302 / SB 1044 modernizes the practice of esthetics effective October 1, 2024. To the end, practitioners will be allowed to apply makeup and eyelash extensions, and perform cosmetic microneedling, superficial exfoliation to the epidermis “using professional and other commercially available products or devices,” and non-ablative skin rejuvenation.

HB 1362 / SB 629 modifies the composition of the seven-member State Board of Cosmetologists, effective October 1, 2024, by creating a designated seat for a licensed esthetician, and eliminating a “consumer” member.

SB 261 extends the sunset of the State Board of Barbering until July 1, 2027, and requires the Department of Labor to submit a report on the Board to the Joint Audit and Evaluation Committee on or before July 1, 2025. 

SB 264 extends the sunset of the State Board of Cosmetology until July 1, 2027, and requires the Department of Labor to submit a report similar to the one mandated in SB 261.

A bipartisan bill to expand the skin care practices that may be performed by cosmetologists and estheticians was introduced last week. 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.  

Governor Tate Reeves (R) recently signed HB 313 into law. Most provisions of the Act merging the state’s barbering and cosmetology boards will become effective January 1, 2025. As previously reported, the measure also establishes cosmetology, esthetician, and nail technology apprenticeships that are double the course of instruction at a school. These apprenticeships “shall be monitored or mentored” by an appropriately licensed instructor, and “only one (1) apprentice may be mentored by any person at the same time.”

Other provisions will amend Mississippi Code Ann. § 73-7-16 – Licensing of Schools to require school applicants to obtain a $50,000 surety bond and provide certain notifications in advance of a closure. 
The House and Senate also approved a $1.45 million appropriation bill for the State Board of Cosmetology and Barbering. HB 1795 is due back from the Governor by May 10, 2024. 

The House voted 66 to 3 last week to concur in Senate amendments to HB 2141. Once enrolled, the bill containing 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 licensure will be transmitted to Governor Kevin Stitt (R) for signature into law. The Board of Barbering and Cosmetology will then be mandated to adopt 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 would:

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 state’s Cosmetology Licensure Compact bill finalized legislative passage with the House of Representatives voting 85 to 8 to pass SB 2732. Once enrolled, the bill will be sent to Governor Bill Lee (R) for signature into law. 
Final Board of Cosmetology and Barbering rules to establish a temporary instructor permit through a provisional pathway were published in the state’s Register of Regulations May 1, 2024, and will become effective May 11, 2024.

The provisional pathway temporary instructor permit requires: completion of high school or equivalent documentation; an active license as a cosmetologist, barber, aesthetician, nail technician, or electrologist; verified proof of employment as a temporary instructor at vocational or accredited schools; completion of 500 hours of supervised experience at a vocational or accredited school or 250 hours of supervised experience at a vocational or accredited school and two years of licensed, full-time experience, and; successful passage of the instructor examination.

The Board of Cosmetology filed proposed rules pertaining to cosmetology school curriculum and practitioner application requirements, as well as general housekeeping.

According to the Notice of Proposed Rulemaking (NPRM), “rules are necessary to implement the requirements of SB 217 (2023) including the Board of Cosmetology (Board) adopting education and curriculum requirements for barbering, esthetics, hair design, and nail technology (field of practice) and creating processes and procedures for approving a school’s curriculum. The bill also requires the Board redefine the certification pathways including adding a pathway to certification for applicants who do not hold an authorization in another state or country but who have education or training in a field of practice. Proposed rules adopt the definition of “natural physiological effects” in relation to “esthetics devices which was inadvertently left out of previous rule filings and aligns other rules with the definition of “esthetics device.” Rules also remove barriers for individuals retaking written examinations, eliminate the Oregon Laws and Rules Examination for freelance authorization applicants and individuals renewing their freelance authorization, add a requirement that practitioners attest to having current blood borne pathogens trainings at time of renewal. Other amendments reorganize rules to appropriate divisions and provide for general housekeeping changes including adding definitions from SB 217 (2023). The Health Licensing Office (HLO) is also proposing to implement a $45 written examination fee for natural hair care applicants.”  

A Rulemaking hearing will be held remotely and in Salem on May 22, 2024, from 10:00 a.m. to 12:00 p.m. (PDT). Written Comments can also be submitted until 12:00 Noon on May 28, 2024. Please see the NPRM for additional information and to review the proposed modifications. 
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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