Search
Close this search box.

This Week In The States – Feb. 28

This Week In The States – Feb. 28

THIS WEEK IN THE STATES

AACS is currently tracking 305 priority bills and more than 130 proposed state regulations.March will begin with 43 state legislatures actively meeting. The following states have upcoming crossover deadlines by which bills need to be passed by their chamber of origin to remain viable.

  • West Virginia – February 28
  • Georgia – February 29
  • Florida (House), Idaho, and Iowa – March 4

The first significant wave of 2024 legislative adjournments – see below – will start on Friday and continue through next week.

  • Utah – March 1
  • Washington – March 7
  • Florida – March 8
  • Virginia – March 9
  • Oregon and West Virginia – March 10

THIS WEEK’S HEADLINES

  • Oklahoma Committee Advances Cosmetology and Barbering Hour Reduction Bill
  • Apprenticeship Bills Advance in Indiana, Mississippi, and South Dakota
  • States Consider Textured Hair Curriculum Requirements

The details can be found below. The bills in this Update may not reflect every bill or regulation of interest or concern to your school or business. Please visit the AACS State Tracking Portal to review bills and regulations from your state(s).

STATE LEGISLATIVE UPDATES

Colorado The House Business Affairs and Labor Committee voted 10 to 0 early this month to favorably report a Cosmetology Licensure Compact bill – HB 24-1111 – without amendments. The measure is currently in the House Appropriations Committee.

Connecticut 

The Joint Public Health Committee introduced 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.”

Indiana 

The Senate Pensions and Labor Committee voted 6 to 2 last week to substantially amend and report HB 1135. As currently drafted, the bill would allow U.S. Department of Labor registered cosmetology apprentices to qualify for Indiana licensure by examination.

The House-passed measure would have authorized 1,500-hour state cosmetology apprenticeships and provided for the state’s entry into the Cosmetology Licensure Compact. According to a news article, school officials expressed concern that the Senate amendments would authorize an apprenticeship program with one approved vendor and indicated that “more guardrails” were needed to protect consumers from poorly trained professionals. The Compact language was removed by the Senate Committee due to cost.

If passed by the full Senate, the amended bill will need to return to the House for a concurrence vote.

Idaho 

A bill to exempt wig sellers from cosmetology licensure was favorably reported from the Senate Commerce and Human Resources Committee. S1295 is currently eligible for consideration on the Senate floor.

Kansas  

The Senate voted unanimously last Thursday to pass SB 363. The measure, which makes several updates to the state’s Barbering Act, would require licensure applicants to pass three examinations – 1) a practical skills demonstration, 2) a written examination on sanitation and the fundamentals of the profession, and 3) a written examination on state barbering laws and regulations. It would also lower the written examination passing score from 80 to 75 percent.

Minnesota 

A House companion to SF 3512 was recently introduced and referred to the House State and Local Government Finance and Policy Committee. The measure – HF 3964 – would require 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.”

Mississippi 

The House of Representatives voted unanimously last week – 114 to 0 – to pass a Committee Substitute to HB 313. The measure would merge the state’s barbering and cosmetology boards, and establish 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.” Separate apprenticeship provisions would apply to instructor’s licenses.

The measure would also make changes to Mississippi Code Ann. § 73-7-16 – Licensing of Schools by requiring school applicants to obtain a $50,000 surety bond and provide certain notifications in advance of a closure. Additionally, it would establish three new classes of school licenses: 1) A temporary one-year license for new schools with less than two graduation classes; 2) A one-year probationary license that may be issued to new schools with less than two graduating classes “and with any significant violation(s) in the most recent year,” and; 3) A one-year conditional license for schools that previously held a non-conditional license but have a significant violation and/or a licensure examination pass rate that does not meet or exceed Board standards. The bill is currently awaiting transmittal to the Senate.

Missouri 

The House Professional Registration and Licensing Committee favorably reported HB 1491 last week. As previously reported, the bill would establish a combined esthetics and manicuring license that requires a 1,150-hour course of instruction at a school or a 2,300-hour apprenticeship.

A substantially similar Senate companion – SB 1425 – was recently introduced.

New Jersey  

The Assembly Regulated Professions Committee favorably reported AB 1925 with amendments last week. As currently drafted, the bill would require the State Board of Cosmetology and Hairstyling to offer its practical and written examinations in English and provide the option to offer the examinations in the four other most commonly spoken languages in New Jersey. For practical examinations, the measure would allow the test taker to use a translator. The measure is eligible for Assembly floor consideration.

Oklahoma 

The Oklahoma Senate Business and Commerce Committee voted 7 to 6 Monday afternoon to favorably report a Committee Substitute to SB 1475 with a stricken title. As currently drafted, the bill would:

  • Reduce the course of instruction for barbering and cosmetology from 1,500 to 1,000 hours;
  • Deregulate hairbraiding, makeup application, and blow-dry styling;
  • Increase from one to two the number of apprentices that may be registered to receive training in a cosmetology or barber establishment;
  • Reduce the length of a cosmetology or barbering apprenticeship from 3,000 to 2,250 hours;
  • Stipulate that an apprentice “may receive compensation during his or her training”;
  • Create a Certified Eyelash Extension license; and
  • Revise fees.

Striking the title allows the bill to continue in the legislative process while acknowledging it needs revision before final passage.

The Committee also advanced a standalone blow dry styling deregulation bill by voting 9 to 4 to report a Committee Substitute to SB 283 with a stricken title. The bill’s author, Senator Micheal Bergstrom, indicated that he would work to align this bill with SB 1475.

South Dakota 

The House of Representatives voted unanimously – 68 to 0 – last week to pass HB 1233, which amends cosmetology apprenticeship requirements. The measure, currently in the Senate Commerce and Energy Committee, specifies that a licensed instructor must supervise the apprentice, provides for both part- and full-time apprenticeships, and permits the transfer of hours “between an apprenticeship, program, or school if allowed by the institution to which the person is transferring.”

Tennessee 

The Tennessee House Higher Education Subcommittee rolled HB 1809 to the lottery calendar, which is used to address bills pertaining to lottery funded scholarship programs.

The measure authored by Representative Elaine Davis (R – Knoxville) would extend Tennessee Promise scholarship eligibility to students who are enrolled full-time in a private, for-profit trade school that has been approved by the Tennessee state board of cosmetology and barber examiners for at least 10 consecutive years, that is accredited by the National Accrediting Commission of Career Arts and Sciences, Inc., and that is authorized by the Tennessee Higher Education commission to offer diploma programs in cosmetology, esthiology, and master barbering.

Utah 

HB 216 was passed with a unanimous Senate vote. The bill headed to Governor Spencer Cox (R) would eliminate the “minimum time period” requirements for prospective barbers, estheticians, and massage therapists. Under current law, prospective barbers have a period of not less than 25 weeks to complete 1,000 hours of instruction and prospective estheticians have a period of not less than 15 weeks to complete 600 hours of instruction.

The House Natural Resources, Agriculture, and Environment Committee favorably reported a Committee Substitute to S.B. 112 last week. As previously reported, the bill would: create a 100-hour eyelash extension license; reduce the training and experience requirements for the instructor licenses; clarify the definition of “direct supervision;” allow a licensed instructor to teach the instructor’s scope of practice at any licensed school, and; add dermaplaning to the practice of master esthetics. If signed into law, cosmetologist/barber instructors would be required to have 1,600 hours of experience as a practitioner (3,000 hours are currently required) and 240-hours of on-the-job training (400 hours are currently required). Similar reductions would apply to barber, electrologist, esthetician, hair designer, and nail technician instructors. The House amendment would allow nail technicians to use blades – including a callus planer or rasp – “for smoothing, shaving, or removing dead skin from the feet.” The bill is now eligible for consideration on the House floor.

Wisconsin 

The Assembly passed AB 981 last week. As previously reported, the measure would require cosmetology and barbering schools to instruct “on the dynamics of exploitation including vulnerabilities that put people at risk of being trafficked and how to recognize and report suspected human trafficking.” It also directs the Department of Justice, in consultation with various other state agencies, to identify and establish materials for use in providing instruction on recognition and reporting of human trafficking to students. The bill has been transmitted to the Senate.

A bipartisan bill revising the membership of the Cosmetology Examining Board was recently introduced. SB 1031 adds a licensed manicurist to the Board by decreasing the number of public members from two to one. The bill has been referred to the Senate Licensing, Constitution and Federalism Committee.

UPCOMING LEGISLATIVE HEARINGS

February 28, 2024 – 30 minutes after the Senate floor session – Virginia Senate General Laws and Technology Committee Hearing on HB 322The bill would authorize entry into the Cosmetology Licensure Compact.

February 29, 2024 at 10:00 a.m. (CST) – South Dakota Senate Commerce and Energy Committee Hearing on HB 1233

See above.

REGULATORY NOTICES AND UPDATES

New Hampshire’s Office of Professional Licensure & Certification has released a proposed rule pertaining to licensure of out-of-state applicants licensed in another jurisdiction with substantially similar requirements. To this end, the proposal would require barbering and beauty school instructor applicants to:(1)  Hold a personal license, or be eligible for a personal license, in the profession to be taught;

(2)  Complete the state-approved training program, experience, or education requirements for instructors; and

(3)  Pass a state-approved competency examination for instructors.

A rulemaking hearing will be held in Concord on March 7, 2024, at 2:00 p.m. Comments can also be submitted in writing to OPLC-Rules@oplc.nh.gov until March 21, 2024, at 4:00 p.m.

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.

Related Posts

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.

Learn More >

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.

Learn More >