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This Week In The States – March 27

This Week In The States – March 27

THIS WEEK IN THE STATES

The week before Easter finds 34 state legislatures actively meeting. Upcoming adjournments include Idaho (anticipated on March 29, but may be further pushed back), Kansas (April 5 first adjournment, veto session starting on April 29) and Maryland (April 8).

THIS WEEK’S HEADLINES

  • Apprenticeship Bills Signed into Law in Indiana and South Dakota
  • Blow Dry Styling Deregulation Bills Advance in Georgia and South Carolina
  • Alaska’s Board of Barbers and Hairdressers Will Survive Governor’s Attempt to Transfer Oversight
  • New Jersey Committee Advances 550-hour General Barbering Bill
  • Utah to Reduce Training and Experience Requirements for Instructors

The details can be found below. Please visit the AACS Bill Tracking Portal to review bills from your state(s). The bills listed in this newsletter may not include all bills of interest.

STATE LEGISLATIVE UPDATES

AlaskaThe state’s Board of Barbers and Hairdressers will live on as both the House (Y22, N18) and the Senate (Y12, N7) adopted a resolution disapproving of a gubernatorial Executive Order that would have eliminated the Board and transferred the functions relating to the licensure, professional standards, and administration of barbers and hairdressers to the Department of Commerce, Community, and Economic Development. Under legislative rules, a majority vote of the full membership of the legislature was needed to adopt the resolution.

Colorado

A bill to extend the sunset of the state’s Private Occupational School Act was favorably reported from the House Education Committee earlier this month. HB 24-1333 would extend oversight through September 1, 2035, and require the Private Occupational School Board to grant prior approval for a school change of ownership.

The bill is currently in the House Appropriations Committee.

Georgia

The House Regulated Industries Committee favorably reported a Committee Substitute to SB 354 last week. The bill would exempt licensing requirements from individuals whose activities are limited to shampooing, blow-dry styling, and applying cosmetics. “Moreover, a facility in which an individual performs or individuals perform only shampooing, blow-dry styling, or applying cosmetics and no other practices requiring a license under this chapter is exempt from all facility licensing requirements under this chapter.”

The bill is currently eligible for consideration on the House floor.

Illinois

The House Health Care Licenses Committee recently reported HB 5135 with amendments. As currently drafted, 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 measure states that “neither a person licensed under this Act who completes abnormal skin growth education as a part of the person’s continuing education, nor the person’s employer, shall be civilly or criminally liable for acting in good faith or failing to act on information obtained during the course of practicing in the person’s profession or employment concerning potential abnormal skin growths.”

Louisiana

State Representative Michael Bayham (R) introduced a natural hair braiding deregulation bill last week. The measure – HB 749 – has been referred to the House Commerce Committee.

Maryland

The House of Delegates voted 122 to 12 to pass HB 1302. Prior to final passage, the House rejected a floor amendment – 34 to 96 – that would have removed language in the bill authorizing estheticians to apply eyelash extensions. The measure would also allow Maryland estheticians to perform cosmetic microneedling, superficial exfoliation to the epidermis “using professional and other commercially available products or devices,” and nonablative skin rejuvenation.

The House voted unanimously this month to pass HB 1362, which would modify the composition of the seven-member State Board of Cosmetologists by creating a designated seat for a licensed esthetician and eliminating a “consumer” member. The bill is currently in the Senate Education, Energy and the Environment Committee.

The Senate Education, Energy and the Environment Committee recently voted to amend and report SB 264. As currently drafted, the measure would extend the sunset of the State Board of Cosmetology until July 1, 2027, and require the Department of Labor to submit a report on the Board to the Joint Audit and Evaluation Committee.

New Hampshire

The House Executive Departments and Administration Committee voted unanimously to send HB 1408 to an interim study committee. The measure, which will not further advance in 2024, pertains to the merger of and reorganization of various occupational boards. It includes language that would reduce the size of the state’s Barbering, Cosmetology, and Esthetics Board from seven to five members by eliminating the school owner and tanning salon owner seats.

New Jersey

Earlier this month, the Assembly Regulated Professions Committee favorably reported A1628, A2903, A3414, A3891.

A1628 would allow certain licensees of New Jersey’s State Board of Cosmetology and Hairstyling to teach in private schools of cosmetology and hairstyling. Current law limits a license to teach cosmetology and hairstyling to individuals who hold a cosmetologist-hairstylist license. This bill expands that law to allow individuals holding a license to practice barbering, beauty culture, manicuring, or as a hair braiding or skin care specialist to teach in a private school of cosmetology and hairstyling, provided the individuals meet certain other requirements.

A2903 would extend a pilot program allowing individuals trained in another state or foreign country that does not issue licenses to render barbering services to qualify for a renewable 120-day temporary permit.

A3414 would require shampoo technicians to complete a 40-hour training at a licensed school, a public school vocational program, or “for a responsible fee” at a licensed shop. Upon completion of the training program, the individual would need to pass a practical examination to receive a certification.

A3891 would establish a “general barbering” license and barbering apprenticeships. The new “general barbering” license is non-chemical and cannot exceed 550 hours of instruction.

All four bills are now eligible for Assembly floor consideration.

Oklahoma

HB 2514 was recently rewritten by a Senate floor amendment to establish a student apprenticeship program. Accordingly, cosmetology and barbering students would be allowed to work as a student apprentice in a shop or salon after completing 1,000 hours of instruction. The student would be entitled to “fair compensation” and must work under the supervision of a licensed cosmetologist or barber with at least five years of experience.

The House subsequently passed the bill by a vote of 72 to 12.

Pennsylvania

The House of Representative voted unanimously last week – 201 to 0 – to pass a natural hair braiding deregulation bill. HB 1820 is awaiting transmittal to the Senate.

South Carolina

The Senate Labor, Commerce and Industry Committee recently reported S857 and S1132 with amendments.

S857 was initially drafted to provide for mobile salons and portable operations in a client’s hotel, home, place of business, or a special event venue if there are “sufficient facilities to allow for the services provided to be performed in a safe and sanitary manner in accordance with applicable statutes and regulations.” The Committee amended the bill to also increase the course of instruction for esthetics from 450 to 600 hours.

S1132 would exempt the practices of blow dry styling, hair braiding, and make-up artistry from licensure. However, the bill was amended to retain arranging, styling, shampooing, and the application of makeup in the state’s definition of “cosmetology.” Without the revision, these services could have been removed from cosmetology school curriculums in the Palmetto State.

Both bills are currently eligible for Senate floor consideration.

State Representative Rep. Bill Herbkersman (R) introduced a bill last week to establish a five-member State Board of Esthetics Services. The Board “shall by regulation” establish requirements for: “(1) the education, licensure, reciprocity, practice, conduct of business, and discipline of estheticians and the facilities in which they provide esthetics services; and (2) esthetician schools.”

H5309 has been referred to the House Labor, Commerce and Industry Committee.

Tennessee

Cosmetology Licensure Compact bills are continuing to advance in their respective chambers. SB 2732 has been calendared for a Senate floor vote this week. The House companion – HB 2781 – was favorably reported by the chamber’s Government Operations Committee on Monday and is currently in the Finance, Ways, and Means Committee.

STATE BILL ENACTMENTS

Indiana HB 1135 – Effective July 1, 2024The Act allows U.S. Department of Labor registered cosmetology apprentices to qualify for Indiana licensure by examination.

South Dakota HB 1233 – Effective July 1, 2024

The Act amends apprenticeship training requirements to specify that a licensed instructor must supervise the apprentice, provides for part-time apprenticeships, and permits the transfer of hours “between an apprenticeship, program, or school if allowed by the institution.”

Utah SB 112 – Effective May 1, 2024

The Act establishes a 100-hour eyelash extension license; reduces the training and experience requirements for the instructor licenses; clarifies the definition of “direct supervision;” allows a licensed instructor to teach the instructor’s scope of practice at any licensed school, and; adds dermaplaning to the practice of master esthetics.

Effective May 1, 2024, 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.

UPCOMING STATE LEGISLATIVE HEARINGS

April 9, 2024, at 9:30 a.m. – California Assembly Business and Professions Committee Hearing on AB 2166.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.”

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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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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