HB2379 - 532R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 32-501, Arizona Revised Statutes, is amended to read:

START_STATUTE32-501. Definitions

In this chapter, unless the context otherwise requires:

1. "Aesthetician" means a person who is licensed to practice skin care pursuant to this chapter.

2. "Aesthetics" means any one or a combination of the following practices if they are performed for cosmetic purposes:

(a) Massaging, cleansing, stimulating, manipulating, exercising, beautifying or applying oils, creams, antiseptics, clays, lotions or other preparations, either by hand or by mechanical or electrical appliances.

(b) Arching eyebrows or tinting eyebrows and eyelashes.

3. "Board" means the board of cosmetology.

4. "Cosmetic purposes" means for the purpose of beautifying, preserving or conferring comeliness, excluding therapeutic massage and manipulations.

5. "Cosmetologist" means a person who is licensed to practice cosmetology pursuant to this chapter.

6. "Cosmetology" means any one or a combination of the following practices if they are performed for cosmetic purposes:

(b) Arching eyebrows or tinting eyebrows and eyelashes.

(d) Nail technology.

(e) Hairstyling.

7. "Electrical appliances" means devices that use electrical current and includes lasers and IPL devices as defined in section 32‑516.

8. "Hairstyling" means either any of the following:

(a) Cutting, clipping or trimming hair.

(b) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, singeing, bleaching, dyeing, tinting, coloring or similarly treating hair.

9. "Hairstylist" means a person who is licensed to practice hairstyling pursuant to this chapter.

10. "Instructor" means a person who is licensed to teach cosmetology, aesthetics, nail technology or hairstyling, or any combination thereof, pursuant to this chapter.

11. "Nail technician" means a person who is licensed to practice nail technology pursuant to this chapter.

12. "Nail technology" means any of the following:

(a) Cutting, trimming, polishing, coloring, tinting, cleansing or otherwise treating a person's nails.

(b) Applying artificial nails.

13. "Salon" means any of the following:

(a) An establishment that is operated for the purpose of engaging in the practice of cosmetology, aesthetics, nail technology or hairstyling, or any combination of the listed practices.

(b) An establishment together with a retrofitted motor vehicle for exclusive use as a mobile facility for the purpose of engaging in the practice of cosmetology, aesthetics, nail technology or hairstyling, or any combination of the listed practices, that is operated and dispatched through the establishment.

(c) A retrofitted motor vehicle exclusively used as a mobile facility for the purpose of engaging in the practice of cosmetology, aesthetics, nail technology or hairstyling, or any combination of the listed practices, that is operated and dispatched from a business that has a physical street address that is on file with the board.

14. "School" means an establishment that is operated for the purpose of teaching cosmetology, aesthetics, nail technology or hairstyling, or any combination of the listed practices.

15. "Threading" means a service that results in the removal of hair from its follicle from around the eyebrows and from other parts of the face with the use of a single strand of cotton thread and an over‑the‑counter astringent, if the service does not use chemicals of any kind, wax or any implements, instruments or tools to remove hair. END_STATUTE

Sec. 2. Section 32-506, Arizona Revised Statutes, is amended to read:

START_STATUTE32-506. Nonapplicability of chapter

This chapter does not apply to the following persons while in the proper discharge of their professional duties:

1. Practices for the treatment of physical or mental ailments or disease by medical practitioners licensed pursuant to this title.

2. Commissioned physicians and surgeons who are serving in the armed forces of the United States or other federal agencies.

3. Persons who are licensed pursuant to chapter 3 or 12 of this title.

4. Students who are attending schools licensed pursuant to this chapter while they are on school premises during school hours or off campus at a school-sponsored event.

5. Persons employed by theatrical groups who apply makeup, oils and cosmetics.

6. Persons who sell makeup, oils and cosmetics and who apply such products during the process of selling such products.

7. Shampoo assistants who shampoo hair under the direction of a cosmetologist or hairstylist licensed pursuant to this chapter.

8. Services performed by and for persons in the custody of the state department of corrections.

9. Persons who apply makeup, oils and cosmetics to patients in a hospital, nursing home or residential care institution with the consent of the patient and the hospital, nursing home or residential care institution.

10. Persons who provide a service that results in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking or braiding, if the service does not include the application of dyes, reactive chemicals or other preparations to alter the color of the hair or to straighten, curl or alter the structure of the hair.

11. Persons who provide threading.

12. Persons who provide tanning services by means of airbrushing, tanning beds or spray tanning.

13. Persons who apply makeup, including eyelash enhancements. This paragraph does not apply if a person is engaging in the practice of aesthetics or cosmetology. A person who is exempt pursuant to this paragraph shall post a sign in a conspicuous location in the person's place of business notifying the public that the person's services are not regulated by the board.

14. Persons who are licensed in another state and who are working in this state for up to five days at a charitable event that BENEFITS a nonprofit organization. END_STATUTE