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This Week In The States – Jan. 18

This Week In The States – Jan. 18

THIS WEEK IN THE STATES

The current week finds 37 state legislatures actively meeting – including the following states that commenced their respective 2024 legislative sessions this week.

January 16th – Alaska, Illinois, New Mexico, Utah, and Wisconsin

January 17th – Hawaii

AACS will be closely monitoring 2024 state legislative developments of interest or concern to member schools. Please visit the AACS Bill Tracking Portal for bill text and status.

COSMETOLOGY COMPACT UPDATES

Cosmetology Licensure Compact bills were recently introduced in Indiana, Maryland, New York, and Virginia.

Indiana HB 1319 has been referred to the House Employment, Labor and Pensions Committee.

Maryland SB 27 is a bipartisan bill with four primary sponsors. The Senate Education, Energy, and the Environment Committee has scheduled a January 25, 2024, hearing on the bill.

New York A8199 has been referred to the Assembly Economic Development Committee and S7709 has been referred to the Senate Consumer Protection Committee.

The Virginia bill – HB 322 – is currently in the House General Laws Committee.

STATE DEREGULATION AND HOUR REDUCTION BILLS INTRODUCED

A bipartisan Georgia Senate bill was introduced last week to deregulate shampooing, blow-dry styling, and applying cosmetics. SB 354 has not yet been assigned to a standing committee.

Kentucky State Representative Steve Doan (R) introduced a bill last week that would abolish the state’s Board of Cosmetology effective January 1, 2025. As a result, beauty industry professions regulated by the Board would be deregulated. Rep. Doan stated in a resolution accompanying the bill that the board “has exceeded its authority in its treatment of its licensees, particularly in its approach to licensed nail technicians” and has “completely shut down licensees’ businesses in an arbitrary and capricious manner, leaving the affected business owners without a means of income and with no immediate recourse.” HB 184 is currently in the Committee on Committees awaiting assignment to a standing committee.

Nail technicians – and supporters of the Asian American and Pacific Islander (AAPI) community – presented to the Commonwealth’s Commission on Race and Access to Opportunity in September 2023 “on systemic barriers facing nail technicians in Kentucky and proposed legislation to address these issues.” A separate bipartisan bill – SB 14 – would expand the Board by two members to seat a nail technician and an additional public member, and would require the Board of Cosmetology to: offer licensure exams in languages other than English; allow unlimited retesting, and revise retesting fees and procedures.

In Oklahoma, Senator Micheal Bergstrom (R) pre-filed a bill that would reduce the course of instruction for barbering and cosmetology at accredited postsecondary schools from 1,500 to 500 hours. SB 1475 would also deregulate blow-drying services, makeup application, and hair braiding. Additionally, the bill would establish eyelash extension specialist and eyelash instructor licenses.

West Virginia Delegate Geoff Foster (R) filed a bill last week that would allow unlicensed individuals to use “generally available” beauty products. It states, “the board may not restrict or regulate the use, application or administration, by unlicensed persons whether for compensation or not, of hair, nail, skin and other beauty products that are generally available through retail sale at groceries, drug stores and other stores offering a broad variety of consumer products.” HB 4682 has been referred to the House Government Organization Committee.

NEW JERSEY LEGISLATIVE UPDATES

New Jersey’s legislature concluded its 2023 legislative session on Monday, January 8, 2024, and kicked-off its 2024 legislative session on Tuesday, January 9, 2024. The Garden State was one of four states to conduct 2023 legislative elections. Accordingly, Democrats gained seven Assembly seats and now control 52 of the chamber’s 80 seats. The partisan ratio in the Senate remained 25 D to 15 R pre- and post-election.

Click here for a list of 2024 introduced measures. Most are refiled bills from the 2022-23 legislative session.

OTHER STATE BILL INTRODUCTIONS

Please visit the AACS Bill Tracking Portal to review bills from your state(s). The list below may not include all bills of interest.

Indiana HB 1135 – The bill would establish a cosmetology apprenticeship program..

Maryland HB 180 – The bill would establish a limited license to provide eyelash extension services. The education requirement for the new license is either a two-month registered apprenticeship or at least 60 hours of instruction in a state approved cosmetology school.

Maryland SB 261 – The bill would extend the sunset of the State Board of Barbers until July 1, 2034.

Maryland SB 264 – The bill would extend the sunset of the State Board of Cosmetology until July 1, 2034.

Missouri HB 1491 – 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.

Nebraska LB 1009 – The measure would remove a current provision that limits a barbering applicant to three attempts to pass the state’s licensure examination.

New York A2623 and S3607 – The identical measures would establish a laser hair removal technician license. The Secretary of State, in consultation with the Appearance Enhancement Advisory Committee, would be required to promulgate rules and regulations establishing minimum requirements and curriculum standards.

New York A8624 – 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 with the Secretary of State promulgating rules that “shall include education in the area of natural hair care and braid techniques, cause of infection and bacteriology, alopecia and scalp disorders and diseases, salon health and safety protocols and the science of sanitary practices.”

Oklahoma HB 2988 – The bill provides for the certification of laser hair removal practitioners. According to the measure, “A laser practitioner who is not a physician shall complete a laser practitioner training and education program. A laser training and education program may be completed internally at the laser hair removal facility or via a third party, provided such third-party program is overseen by a physician. A laser practitioner training and education program shall include forty (40) total hours of training which may be a combination of didactic training, in-person hands-on training, and performance of laser hair removal procedures.”

Oklahoma SB 1233 – The bill would extend the sunset date for the State Board of Cosmetology and Barbering from July 1, 2024, to July 1, 2027.

Oklahoma SB 1489 – The measure would transfer all powers and responsibilities of the Board of Cosmetology to the State Department of Health on July 1, 2025.

Pennsylvania SB 1031 – The bill would completely deregulate natural hair braiding in the Keystone State. Under current law, natural hair braiders must complete 300 hours of instruction at a cosmetology school prior to examination and licensing. SB 1031 has been referred to the Senate Consumer Protection & Professional Licensure Committee.

South Dakota HB 1054 – The measure amends requirements for cosmetology apprenticeships. It contains language stating that “hours obtained in completion of an apprenticeship can be transferred between programs.” More significantly, the bill would allow a person who has completed hours under an apprenticeship or at a licensed school to transfer those hours “between an apprenticeship, program, or a school. This includes hours completed in another state that meet the requirements of the commission.”

Tennessee HB 1809/SB1752 – The companion bills 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 – The bill would eliminate the requirement that an applicant for one of the following licenses complete certain educational or experience requirements within a minimum time period: funeral service director, barber, esthetician, massage therapist, and psychologist. 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.

Washington SB 2109 – The measure would regulate permanent cosmetics in the State of Washington. A license for a permanent cosmetic artist license would require 100 hours of instruction. Enhanced permanent cosmetic artists would be required to obtain 200 or 300 hours of instruction with the higher hours being for a scope of practice that includes the performance of corrective procedures.

West Virginia SB 74 and HB 4118 – The bills would promulgate a Board of Barbers and Cosmetologists rule relating to procedures, criteria, and curricula for examination and license of barbers, cosmetologists, nail technicians, aestheticians, and hair stylists.

West Virginia SB 75 and HB 4119 – The bills would promulgate a Barbers and Cosmetologists rule relating to application for waiver of initial licensure fees for certain individuals.

West Virginia SB 76 and HB 4120 – The bills would promulgate a Board of Barbers and Cosmetologists rule relating to cosmetology apprenticeships.

STATE REGULATORY UPDATES

Iowa’s Board of Massage Therapy proposes to rescind Chapter 131 – Licensure of Massage Therapists – of Iowa Administrative Code, and Chapter 132 – Massage Therapy Education Curriculum. They would be replaced by new chapters with the same titles. According to a state register entry, “proposed Chapter 131 sets minimum standards for entry into the massage therapy profession…This includes the processes for initial licensure, renewal, and reinstatement.” Proposed Chapter 132 “articulates the processes by which schools can be recognized as an approved massage therapy school with an approved massage therapy curriculum. This includes ensuring the school meets curriculum requirements and student clinical practicum standards, as well as appropriate retention of school records.” Rulemaking hearings will be held on January 30 and 31, 2024.

In Rhode Island, the Department of Health is proposing to amend “Practice of Electrolysis” to include laser hair removal in the regulations. According to the regulatory notice, “the amendments being proposed are based upon a statutory amendment to R.I. Gen. Laws Chapter 5-32 [“Electrolysis and Laser Hair Removal”] which added § 21 [“Practice of laser hair removal”] and amended several other sections. The statute which guides the proposed amendments differentiates between electrologists licensed before and after July 1, 2019.” Comments are being accepted until February 9, 2024.

QUESTIONS?

Bill text and continually updated status information can be found on the AACS Bill Tracking Portal.

Please contact AACS at info@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 >