PREFILED JAN 05 2016
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REFERENCE TITLE: cosmetology; omnibus |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2035 |
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Introduced by Representative Gowan
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AN ACT
amending sections 32-502, 32-510, 32-511, 32-512, 32-516, 32-531, 32-532 and 32-574, Arizona Revised Statutes; relating to cosmetology.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-502, Arizona Revised Statutes, is amended to read:
32-502. Board of cosmetology; members; appointment; qualifications; terms
A. A The board of cosmetology is established consisting of the following seven members who are appointed by the governor:
1. Two cosmetologists who have been actively practicing in this state for at least three years immediately preceding appointment.
2. One nail technician who has been actively practicing in this state for at least three years immediately preceding appointment.
3. One instructor who has been actively practicing in this state for at least three years immediately preceding appointment.
4. One school owner.
5. One educator who does not represent the cosmetology or nail technology industry and is not involved in the manufacture of cosmetology or nail technology products.
6. 5. One Two public member members who is are not and has have never been associated with the cosmetology or nail technology industry, licensed as a cosmetologist or nail technician or involved in the manufacture of cosmetology or nail technology products.
B. The term of office for members is three years beginning and ending June 22.
C. The governor may remove board members for neglect of duty, malfeasance or misfeasance.
Sec. 2. Section 32-510, Arizona Revised Statutes, is amended to read:
32-510. Aestheticians; applications; qualifications
A person is entitled to receive an aesthetician's license if the person:
1. Submits to the board an application for an aesthetician's license on a form supplied by the board.
2. Does either of the following:
(a) Completes and receives appropriate credits for at least two years of high school education or its equivalent as prescribed by the board in its rules and submits to the board satisfactory evidence that the person is at least sixteen years of age.
(b) submits to the board satisfactory evidence that the person is at least twenty-four years of age.
3. Submits to the board satisfactory evidence of either of the following:
(a) That the person is a graduate of an aesthetician school in another state or country that has substantially the same requirements as this state for schools licensed pursuant to this chapter.
(b) That the person is a graduate of an aesthetician course consisting of at least six hundred hours of training in a school licensed pursuant to this chapter.
4. Passes the examination for an aesthetician's license.
5. Pays the prescribed fees for an aesthetician's license.
Sec. 3. Section 32-511, Arizona Revised Statutes, is amended to read:
32-511. Cosmetologists; applications; qualifications
A person is entitled to receive a cosmetologist license if the person:
1. Submits to the board an application for a cosmetologist license on a form supplied by the board.
2. Does either of the following:
(a) Completes and receives appropriate credits for at least two years of high school education or its equivalent as prescribed by the board in its rules and submits satisfactory evidence that the person is at least sixteen years of age.
(b) submits to the board satisfactory evidence that the person is at least twenty-four years of age.
3. Submits to the board satisfactory evidence of either of the following:
(a) That the person is a graduate of a cosmetology course consisting of at least sixteen hundred hours of training in a school licensed pursuant to this chapter.
(b) That the person is a graduate of a cosmetology school in another state or country that had at the time of the person's graduation substantially the same requirements as this state for schools licensed pursuant to this chapter.
4. Passes the examination for a cosmetologist license.
5. Pays the prescribed fees.
Sec. 4. Section 32-512, Arizona Revised Statutes, is amended to read:
32-512. Nail technicians; applications; qualifications
A person is entitled to receive a license to practice nail technology if the person does all of the following:
1. Submits to the board an application for a nail technician license on a form supplied by the board.
2. Does either of the following:
(a) Completes and receives appropriate credits for at least two years of high school education or its equivalent as prescribed by the board in its rules and submits satisfactory evidence that the person is at least sixteen years of age.
(b) submits to the board satisfactory evidence that the person is at least twenty-four years of age.
3. Submits to the board satisfactory evidence of either of the following:
(a) That the person graduated from a nail technology school in another state or country that had at the time of the person's graduation substantially the same requirements as this state for schools licensed pursuant to this chapter.
(b) That the person completed a nail technician course consisting of at least six hundred hours of training in a school licensed pursuant to this chapter.
4. Pays the prescribed fees for a nail technician license.
5. Passes the examination for a nail technician license.
Sec. 5. Section 32-516, Arizona Revised Statutes, is amended to read:
32-516. Aestheticians; cosmetologists; cosmetic laser and IPL device use; certification; fees; definitions
A. An aesthetician or a cosmetologist who wishes to perform cosmetic laser procedures and procedures using IPL devices must:
1. Apply for and receive a certificate from the agency.
2. Comply with the requirements of this section and agency rules.
3. Successfully complete forty hours of didactic training as required by agency rules at an agency‑certified training program. The program shall provide a provisional certificate to the applicant verifying the successful completion of the didactic training.
4. For hair removal, complete hands-on training that is supervised by a health professional who is acting within the health professional's scope of practice or by a laser technician who has a minimum of one hundred hours of hands-on experience per procedure. The health professional or laser technician must be present in the room during twenty-four hours of hands‑on use of lasers or IPL devices. The supervising health professional or laser technician shall verify that the aesthetician or cosmetologist has completed the training and supervision as prescribed by this section.
5. For other cosmetic laser and IPL device procedures, complete a minimum of an additional twenty-four hours of hands‑on training of at least ten cosmetic procedures for each type of specific procedure that is supervised by a health professional who is acting within the health professional's scope of practice or by a laser technician who has a minimum of one hundred hours of hands-on experience per procedure. The health professional or laser technician must be present in the room during twenty‑four hours of hands-on use of lasers or IPL devices. The supervising health professional or laser technician shall verify that the aesthetician or cosmetologist has completed the training and supervision as prescribed by this section.
6. Submit to the agency the provisional certificate from the training program and certification by the health professional or laser technician who directly supervised the applicant in the room during the hands-on training.
B. The agency shall issue a laser technician certificate authorizing the aesthetician or cosmetologist to use lasers and IPL devices if the applicant has completed the training for hair removal or lasers and IPL devices for other cosmetic procedures, as applicable, and shall maintain a current register of those laser technicians in good standing and whether certification is for hair removal only or other cosmetic procedures as well. The agency may establish a fee for the registration of aestheticians or cosmetologists as laser technicians and the issuance of certificates pursuant to this subsection. The agency shall deposit monies collected pursuant to this subsection in the laser safety fund established by section 32‑3234.
C. An aesthetician or a cosmetologist who has been certified as a laser technician by the agency may use a laser or IPL device:
1. For hair removal under the indirect supervision of a health professional whose scope of practice permits the supervision.
2. For cosmetic purposes other than hair removal if the aesthetician or cosmetologist is directly supervised by under the indirect supervision of a health professional whose scope of practice permits the supervision and the aesthetician or cosmetologist has been certified in those procedures.
D. The board shall investigate any complaint from the public or from another board or agency regarding a licensed aesthetician or cosmetologist who performs cosmetic laser procedures or procedures using IPL devices pursuant to this section. The board shall report to the agency any complaint it receives about the training or performance of an aesthetician or a cosmetologist who is certified as a laser technician.
E. An aesthetician or a cosmetologist who used laser and IPL devices before November 24, 2009 may continue to do so if the aesthetician or cosmetologist received a certificate pursuant to this section before October 1, 2010.
F. For the purposes of this section:
1. "Agency" means the radiation regulatory agency.
2. "Directly supervised" means a health professional who is licensed in this state and whose scope of practice allows the supervision supervises the use of a laser or IPL device for cosmetic purposes while the health professional is present at the facility where and when the device is being used.
3. "Health professional" means a person who is licensed pursuant to either:
(a) Chapter 11, article 2 of this title and who specializes in oral and maxillofacial surgery.
(b) Chapter 13, 14, 15, 17 or 25 of this title.
4. "Indirect supervision" means supervision by a health professional who is licensed in this state, whose scope of practice allows the supervision and who is readily accessible by telecommunication.
5. "IPL device" means an intense pulse light class II surgical device certified in accordance with the standards of the agency for cosmetic procedures.
6. "Laser" means any device that can produce or amplify electromagnetic radiation with wavelengths in the range of one hundred eighty nanometers to one millimeter primarily by the process of controlled stimulated emission and certified in accordance with the standards for the agency for cosmetic procedures.
7. "Laser technician" means a person who is or has been certified by the agency pursuant to its rules and chapter 32, article 2 of this title.
Sec. 6. Section 32-531, Arizona Revised Statutes, is amended to read:
32-531. Instructors; applications; qualifications
A person is entitled to receive a license to teach cosmetology, aesthetics or nail technology in a school if the person does all of the following:
1. Submits to the board an application for an instructor license on a form prescribed by the board.
2. Either:
(a) Holds a diploma from a high school or its equivalent as prescribed by the board in its rules and submits to the board satisfactory evidence that the person is at least sixteen years of age.
(b) submits to the board satisfactory evidence that the person is at least twenty-four years of age.
3. Is a licensed cosmetologist, aesthetician or nail technician and complies with either of the following:
(a) Has practiced for at least one year, has passed the school examination and has received the following hours of instructor training:
(i) For a cosmetologist instructor, six hundred fifty hours.
(ii) For an aesthetics instructor, five hundred hours.
(iii) For a nail technician instructor, three hundred fifty hours.
(b) Has five years of licensed industry experience within the ten years preceding the application and meets requirements as prescribed by the board in its rules.
4. Passes the examination for an instructor license.
5. Pays the prescribed fees.
Sec. 7. Section 32-532, Arizona Revised Statutes, is amended to read:
32-532. Instructor reciprocity
Notwithstanding section 32‑531, a person is entitled to receive a license to teach cosmetology, aesthetics or nail technology in a school if the person submits to the board an application for an instructor license on a form prescribed by the board, pays the prescribed fees and complies with one of the following:
1. Is a current licensed cosmetologist, aesthetician or nail technician instructor in another state or country.
2. Does all of the following:
(a) Either:
(i) Submits to the board satisfactory evidence that the person is at least twenty-four years of age.
(ii) Holds a diploma from a high school or its equivalent as prescribed by the board in its rules and submits to the board satisfactory evidence that the person is at least sixteen years of age.
(b) Is a licensed cosmetologist, aesthetician or nail technician in another state or country.
(c) Completes instructor training in another state or country that has instructor education requirements that are at least substantially equivalent to those of this state.
(d) Passes the examination for an instructor license.
3. Does all of the following:
(a) (e) Has five years of licensed industry experience within the ten years preceding application.
(b) Holds a high school diploma or its equivalent as prescribed by the board in its rules and submits to the board satisfactory evidence that the person is at least sixteen years of age.
(c) (f) Meets requirements as prescribed by the board in its rules.
(d) Passes the examination for an instructor license.
Sec. 8. Section 32-574, Arizona Revised Statutes, is amended to read:
32-574. Unlawful acts; violation; classification
A. A person shall not:
1. Perform or attempt to perform cosmetology, aesthetics or nail technology without a license in that category issued pursuant to this chapter, or practice in a category in which the person does not hold a license.
2. Display a sign or in any way advertise or hold oneself out as a cosmetologist, aesthetician or nail technician or as being engaged in the practice or business of cosmetology, aesthetics or nail technology without being licensed pursuant to this chapter.
3. Knowingly make a false statement on an application for a license pursuant to this chapter.
4. Permit an employee or another person under the person's supervision or control to perform cosmetology, aesthetics or nail technology without a license issued pursuant to this chapter.
5. Practice or attempt to practice cosmetology, aesthetics or nail technology in any place other than in a salon licensed pursuant to this chapter unless the person is requested by a customer to go to a place other than a salon licensed pursuant to this chapter and is sent to the customer from the salon, except that a person who is licensed pursuant to this chapter may practice, without the salon's request, cosmetology, aesthetics or nail technology in a health care facility, hospital, residential care institution, nursing home or residence of a person requiring home care because of an illness, infirmity or disability.
6. Obtain or attempt to obtain a license by the use of money other than the prescribed fees or any other thing of value or by fraudulent misrepresentation.
7. Provide any service to a person having a visible disease, pediculosis or open sores suggesting a communicable disease until the person furnishes a statement signed by a physician licensed pursuant to chapter 13 or 17 of this title stating that the disease or condition is not in an infectious, contagious or communicable stage.
8. Operate a salon or school without being licensed pursuant to this chapter.
9. Violate any provision of this chapter or any rule adopted pursuant to this chapter.
10. Ignore or fail to comply with a board subpoena.
11. Use the title of "aesthetician", "cosmetologist" or "nail technician" or any other title or term likely to be confused with "aesthetician", "cosmetologist" or "nail technician" in any advertisement, statement or publication unless that person is licensed pursuant to this chapter.
12. Teach cosmetology, aesthetics or nail technology in this state unless the person is licensed as an instructor pursuant to article 3 of this chapter.
B. An instructor shall not render cosmetology, aesthetics or nail technology services in a school unless the services are directly incidental to the instruction of students.
C. A person who violates this section is guilty of a class 1 misdemeanor.
Sec. 9. Term of educator board member
Notwithstanding section 32-502, Arizona Revised Statutes, as amended by this act, a person who is serving as an educator member on the board of cosmetology on the effective date of this act is eligible to continue to serve until expiration of the current term of office. On the expiration of the educator member's term, the governor shall make all subsequent appointments as prescribed by statute.