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ARIZONA HOUSE OF REPRESENTATIVESFifty-fourth Legislature Second Regular Session |
Senate:
COM DPA 5-2-1-0 | 3rd Read 17-13-0-0
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SB 1274: professional regulatory boards; composition
Sponsor: Senator Ugenti-Rita, LD 23
Caucus & COW
Overview
Restructures the statutory membership of the Arizona Board of Technical Registration (BTR), the Board of Barbers (BB), the Board of Cosmetology (BC), the State Board of Funeral Directors and Embalmers (BFDE) and the Board of Massage Therapy (BMT).
History
The BTR regulates architects, engineers, geologists, home inspectors, landscape architects and surveyors (A.R.S Title 32, Chapter 1).
The BB licenses barbers, barber instructors, barber schools, barber shops and salons (A.R.S. § Title 32, Chapter 3).
The BC establishes standards for the practice of cosmetology, aesthetics, nail technology, hairstyling and salons and schools that engage in or teach practices (A.R.S. Title 32, Chapter 5).
BFDE licenses and registers funeral directors, embalmers, interns, embalmer's assistants, cremationists, funeral establishments and crematories (A.R.S. Title 32, Chapter 12).
The BMT evaluates applicant qualifications for massage therapist licenses and issues licenses to qualified applicants (A.R.S. Title 32, Chapter 42).
Provisions
Board of Technical Registration (Sec. 1)
1. 
Modifies the membership of the BTR to include
the following:
a) One architect rather than two;
b) One professional engineer rather than three professional engineers; and
c) Six public members rather than one.
2. Requires at least one public member to have legal, construction or design product background.
Board of Barbers (Sec. 2)
3. States that two members of the BB must include a maximum of one member of each of the following qualifications:
a) An active barber who has been practicing for at least five years;
b) A holder of a barber school license who is a barber; or
c) A holder of a barber shop or salon license who is a barber.
4. Increases the number of public members in the BB to three rather than two.
5. Removes the following members from the BB:
a) One active barber who has been practicing for at least five years;
b) A holder of a barber school license who is a barber; or
c) A holder of a barber shop or salon license who is a barber.
Board of Cosmetology (Sec. 3)
6. States that three members of the BC must include a maximum of one member from each of the following occupations who has been actively practicing for at least three years immediately preceding the appointment:
a) cosmetologists;
b) nail technicians;
c) instructors; or
d) school owners.
7. Increases the number of public members in the BC to four rather than two.
8. Removes the following members from the BC:
a) Two cosmetologists who have been practicing in this state for at least three years preceding appointment;
b) One nail technician who has been practicing in this state for at least three years preceding appointment;
c) One instructor who has been practicing in this state for at least three years preceding appointment; and
d) A school owner.
Board of Funeral Directors and Embalmers (Sec. 4)
9. Decreases the number of the BFDE to three rather than four.
10. Increases the number of public members in the BFDE to four rather than three.
Board of Massage Therapy (Sec. 5)
11. Decreases the number of massage therapists from the BMT to two rather than three.
12. Increases the number of public members in the BMT to three rather than two.
a) Requires at least one public member to be actively involved in programs or services that help to reduce or prevent human trafficking.
Miscellaneous
13. Retains the members of the BTR, BB, BC, BFDE and the BMT on the effective date of this act, until the expiration of their normal terms. (Sec. 6)
14. Requires the Governor to make all subsequent appointments of the BTR, BB, BC, BFDE and the BMT. (Sec. 6)
15. Makes technical and conforming changes. (Sec. 1, 2, 3, 5)
Amendments
Committee of Regulatory Affairs
1. Consolidates the BB and the BC into the Barbering and Cosmetology Board (Board).
2. Stipulates that the annual report by the Commission for Postsecondary Education must be submitted to the Secretary of State by December 28th, rather than to the Arizona State Library, Archives and Public Records.
3. Repeals the BB fund on January 1, 2021 and transfers all unexpended and unencumbered monies remaining in the BB fund to the Board fund.
4. Modifies barber licensing requirements to include completion of a 200-hour course, rather than a 350-hour course, of barbering techniques in a school licensed by the Board.
5. Requires the Board or a national professional organization for barbering or cosmetology to administer practical and written examinations for a barber or instructor license.
6. Instructs the examinations to test for skills and requisite knowledge in the technical application of barbering services.
7. Allows an applicant to take an examination before completing the required hours of course instruction prescribed by statute.
8. Directs the Board or national professional organization to inform each applicant of their examination results and the Board to make an accurate record of each examination.
9. Decreases the required number of instruction hours in a licensed barbering school to 1,200 hours, rather than 1,500 hours.
a) Decreases the required number of instruction hours devoted to the practice and study of massaging the scalp, face and neck, shaving and chemical work relating to hair to 950 hours rather than 1250 hours.
10. Authorizes a barbering school to offer courses on both cosmetology and barbering if the properly licensed instructor is teaching each course.
11. Modifies the definition of hairstyling to include the removal of superfluous hair from the neck up by means other than electrolysis or threading.
12. Modifies the membership of the Board to the following:
a) One cosmetologist;
b) Two school owners who do not own the same school;
c) Five public members, preferably one who is an educator; and
d) One barber.
13. States that certain cosmetology statutes do not apply to:
a) Students off campus at a school-sponsored event;
b) People licensed in another state who are working in Arizona at a charitable event that benefits a nonprofit organization;
c) People licensed in another state who are in Arizona for no more than two weeks and who provide services for people at an athletic, charitable, artistic or social event in this state; and
d) People who are enrolled in a school that is licensed by the Board and who shampoo, rinse and apply cream rinse, conditioners and reconstructors to hair.
14. Decreases the required number of instruction hours in a licensed cosmetology school to 1,500 hours, rather than 1,600.
15. Allows a person with a barber license to apply for a hairstylist license if the person completes a 200-hour course consisting of hairstyling techniques in a licensed school.
16. Authorizes a school of any type, including a cosmetology school, to include programs related to a subject similar to cosmetology but may not include a salon.
17. Removes the requirement for a cosmetology school and another business to be separated by permanent walls.
18. Stipulates that the Board succeeds to the authority, powers, duties and responsibilities of the BB January 1, 2021.
19. Clarifies that this Act does not alter the effect of actions taken or valid obligations of the BB in existence before January 1, 2021.
20. Specifies that all administrative matters, contracts and judicial actions, regardless of status, of the BB on January 1, 2021 are transferred to the Board and maintain the same status.
21. Maintains the validity of all certificates, licenses, registrations and permits issued by the BB.
22. Transfers all equipment, records, furnishings and other property from the BB to the Board on January 1, 2021.
23. Allows members of the BC to continue serving on the Board until the expiration of their term at which point the Governor will appoint all subsequent members.
24. Requires the Board to do the following:
a) Study licenses and fees issued and imposed;
b) Identify whether any licenses should be consolidated and identify what is unique to each profession;
c) Determine whether changes are needed to the fee structures for each profession;
d) Determine whether a reduction of instruction hours that are required for current licenses is necessary and how a reduction might affect reciprocity with other states; and
e) Submit a report of its findings and recommendations to the Governor, President of the Senate, Speaker of the House of Representatives and Secretary of State by November 1, 2022.
25. Authorizes the Board to use $750,000 from the barbering and cosmetology fund to assist in the required study and report.
26. Terminates the Board on July 1, 2024.
27. Makes technical and conforming changes.
28. Contains an effective date of January 1, 2021.
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SB 1274
Initials JR Page 0 Caucus & COW
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