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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
AMENDED
professional regulatory boards; composition
Purpose
Restructures the statutory membership of the Arizona Board of Technical Registration, the Board of Barbers, the Board of Cosmetology, the State Board of Funeral Directors and Embalmers and the Board of Massage Therapy.
Background
Arizona Board of Technical Registration
The Arizona Board of Technical Registration (AZBTR) regulates the following professions and occupations: 1) architects; 2) engineers; 3) geologists; 4) landscape architects; 5) land surveyors; 6) home inspectors; and 7) alarm agents (A.R.S Title 32, Chapter 1). The AZBTR's powers and duties include acting on registration or certification applications and acting on complaints or charges as outlined in statute (A.R.S. § 32-106).
Board of Barbers
The Board of Barbers licenses barbers, barber instructors, barber schools and barber shops or salons. The Board of Barbers must: 1) adopt sanitary and safety requirements for schools, shops or salons and the practice of barbering; 2) prescribe school curriculum requirements; 3) administer examinations; and 4) enforce requirements through outlined disciplinary actions (A.R.S. Title 32, Chapter 3).
Board of Cosmetology
The Board of Cosmetology establishes sanitary and safety standards for the practice of cosmetology, aesthetics, nail technology and hairstyling and requirements for salons and schools operated to engage in or teach the practices. The Board of Cosmetology administers licenses and licensing examinations, inspects salons and schools, investigates violations of sanitation requirements and procedures, and takes disciplinary action for outlined violations and conduct (A.R.S. Title 32, Chapter 5).
State Board of Funeral Directors and Embalmers
The State Board of Funeral Directors and Embalmers (Funeral Board) licenses and registers funeral directors, embalmers, interns, embalmer's assistants, cremationists, funeral establishments and crematories. The Funeral Board must: 1) administer and enforce statutory requirements and rules; 2) adopt rules relating to standards of practice, professional conduct, competence and consumer disclosure; and 3) investigate violations and take disciplinary action as outlined (A.R.S. Title 32, Chapter 12).
State Board of Massage Therapy
The State Board of Massage Therapy evaluates applicant qualifications for massage therapist licenses and issues licenses to qualified applicants. The Board of Massage Therapy regulates the practice of massage therapy by: 1) establishing educational requirements; 2) adopting rules for ethical and professional conduct; 3) enforcing statutory requirements; and 4) investigating evidence that a massage therapist is subject to disciplinary action and taking disciplinary or nondisciplinary actions as outlined (A.R.S. Title 32, Chapter 42).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
AZBTR
1. Increases, from one to six, the number of public members on the AZBTR.
2. Requires at least one public member to have legal, construction or design product background.
3. Modifies registered professional membership to require:
a) one architect, rather than two; and
b) one professional engineer, rather than three professional engineers that must include one civil engineer and representatives of two other branches of engineering.
Board of Barbers
4. Increases, from two to three, the number of public members on the Board of Barbers.
5. Removes the statutory membership of:
a) one barber actively practicing barbering in Arizona for at least five years;
b) one barber who holds a barber school license, who holds a shop or salon license or who has been actively practicing barbering in Arizona for five years; and
c) one barber who holds a barber shop or salon license.
6. Requires two members of the Board of Barbers to include a maximum of one member from each of the following qualifications:
a) a barber actively practicing barbering in Arizona for at least five years;
b) a barber who holds a barber school license; or
c) a barber who holds a barber shop or salon license.
Board of Cosmetology
7. Increases, from two to four, the number of public members on the Board of Cosmetology.
8. Removes the statutory membership of:
a) two cosmetologists actively practicing in Arizona for at least three years immediately preceding appointment;
b) one nail technician actively practicing in Arizona for at least three years immediately preceding appointment;
c) one instructor actively practicing in Arizona for at least three years immediately preceding appointment; or
d) one school owner actively practicing in Arizona for at least three years immediately preceding appointment.
9. Requires three members of the Board of Cosmetology to include a maximum of one member from each of the following occupations who has been actively practicing in Arizona for at least three years immediately preceding appointment:
a) cosmetologists;
b) nail technicians;
c) instructors; or
d) school owners.
State Board of Funeral Directors and Embalmers
10. Increases, from three to four, the number of public members on the Funeral Board.
11. Decreases, from four to three, the number of members on the Funeral Board who practice as licensed funeral directors or embalmers.
State Board of Massage Therapy
12. Increases, from two to three, the number of public members on the Board of Massage Therapy.
13. Requires at least one public member to be actively involved in programs or services that help to reduce or prevent human trafficking.
14. Decreases, from three to two, the number of members on the Board of Massage Therapy who:
a) possess an unrestricted license to practice massage therapy in Arizona; and
b) have been practicing in Arizona for at least five years immediately preceding appointment.
Miscellaneous
15. Retains, until the expiration of their normal terms, the membership of all persons serving on the general effective date on the:
a) AZBTR;
b) Board of Barbers;
c) Board of Cosmetology;
d) Funeral Board; and
e) Board of Massage Therapy.
16. Requires the Governor to make all subsequent appointments as prescribed by statute.
17. Makes technical and conforming changes.
18. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Increases AZBTR membership to 11 by raising the number of public members to 6 and retaining one member for each registered profession that is currently prescribed to serve.
2. Requires two, rather than three, of the CPA members on the Board of Accountancy to be in active public practice.
3. Removes the additional category of a barber actively practicing for five years from which two members of the Board of Barbers must be appointed.
Amendments Adopted by Committee of the Whole
1. Removes the restructuring of the Board of Accountancy membership.
2. Requires one AZBTR public member to have legal, construction or design product background.
3. Requires one Board of Massage Therapy public member to be actively involved in programs or services that help to reduce or prevent human trafficking.
Senate Action
COM 2/6/20 DPA 5-2-1
Prepared by Senate Research
February 26, 2020
LB/gs