COMMITTEE ON GOVERNMENT & ELECTIONS
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2029
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 15-1851, Arizona Revised Statutes, is amended to read:
15-1851. Commission for postsecondary education; purpose; report; members; terms; powers and duties; compensation; quorum; immunity; definition
A. The commission for postsecondary education is established and shall administer the applicable programs identified under section 1203 of the higher education act amendments of 1998 (P.L. 105‑244), including the leveraging educational assistance partnership program, the federal family education loan program and the Paul Douglas teacher scholarships program, and shall supervise the state guarantee agency under the higher education act amendments of 1998.
B. In addition to the responsibilities prescribed in subsection A of this section, the commission shall:
1. Provide a forum to public and private postsecondary education institutions for discussion of discussing issues of mutual interest, including the following:
(a) The postsecondary needs of unserved and underserved individuals in this state.
(b) The resources of public and private institutions, organizations and agencies that are located in this state and that are capable of providing postsecondary education opportunities.
(c) Enrollment demand and public policy options to meet statewide needs for postsecondary education services.
(d) Cooperative comprehensive instructional and capital planning.
2. Provide reports pursuant to this subsection on discussions of issues of mutual interest.
3. Coordinate and promote collaborative studies on issues of mutual interest to public and private postsecondary education institutions.
4. Compile and disseminate information to the public regarding postsecondary education opportunities in this state.
5. Prepare an annual report that summarizes the results of the commission's activities prescribed in this section and section 15‑1852. The annual report shall be submitted to the speaker of the house of representatives, the president of the senate, the governor and the Arizona state library, archives and public records by secretary of state on or before December 28.
6. Administer the Arizona teacher student loan program established by chapter 13, article 11 of this title.
C. The commission consists of the executive director of the Arizona board of regents, the executive director of the state board for private postsecondary education and the following additional members who are appointed by the governor pursuant to section 38‑211:
1. Two members who hold senior executive or managerial positions in a university under the jurisdiction of the Arizona board of regents.
2. Two members who hold senior executive or managerial positions in a community college district, one representing a community college district in a county with a population of five hundred thousand persons or more and one representing a community college district in a county with a population of less than five hundred thousand persons.
3. Two members who hold senior executive or managerial positions in private postsecondary institutions of higher education that are licensed under title 32, chapter 30, that are located in this state, that offer bachelor's or higher degrees and that are accredited by a regional accreditation agency approved by the United States department of education.
4. Two members who hold senior executive or managerial positions in private postsecondary institutions of higher education that are licensed under title 32, chapter 30, that are located in this state, that offer vocational education programs and that are accredited by a national accreditation agency approved by the United States department of education.
5. One member who holds a senior executive or managerial position in a private cosmetology school that is licensed under title 32, chapter 5, that is located in this state, that offers cosmetology programs approved by the board of barbering and cosmetology board and that is accredited by a national accreditation agency approved by the United States department of education.
6. One member who holds a senior executive or managerial position in an institution that is licensed under title 32, chapter 23 or under 14 Code of Federal Regulations part 147, that offers vocational education programs at the postsecondary level, that is located in this state and that is not an institution that is qualified under any other category.
7. One member who has held a senior executive or managerial level position in commerce or industry in this state for at least three years before the member's appointment and who is not qualified to serve under any other category.
8. Two members who hold senior executive or managerial positions in the high school education system in this state.
9. One member who is an owner, operator or administrator of a charter school in this state.
D. Members of the commission appointed pursuant to subsection C, paragraphs 1 through 9 of this section shall serve four-year terms. Appointed members of the commission shall be residents of this state. Appointed members of the commission at all times during their terms shall continue to be eligible for appointment under the category that they were appointed to represent. Terms of appointed members of the commission begin on the third Monday in January. No an appointed member of the commission may not serve more than two consecutive terms.
E. The executive director of the Arizona board of regents and the executive director of the state board for private postsecondary education serve as members of the commission during their respective terms of office and are not eligible to vote with respect to the commission's review of any postsecondary institution.
F. Members appointed pursuant to subsection C, paragraphs 1 through 9 of this section are eligible to receive compensation pursuant to section 38‑611 for each day spent in the performance of commission duties and may be reimbursed for expenses properly incurred in connection with the attendance at meetings or hearings of the commission.
G. The governor shall appoint a chairman from among the members of the commission who shall serve a one-year term that begins on the third Monday in January.
H. A majority of the members of the commission constitute a quorum for the transaction of commission business. The vote of a majority of the quorum constitutes authority for the commission to act.
I. Members of the commission are immune from personal liability with respect to all actions that are taken in good faith and within the scope of the commission's authority.
J. For the purposes of this section, "community college district" means a community college district that is established pursuant to sections 15‑1402 and 15‑1403 or section 15‑1402.01 and that is a political subdivision of this state.
Sec. 2. Heading change
The article heading of title 32, chapter 3, article 1, Arizona Revised Statutes, is changed from "BOARD OF BARBERS" to "BARBERING".
Sec. 3. Section 32-301, Arizona Revised Statutes, is amended to read:
32-301. Definitions
In this chapter, unless the context otherwise requires:
1. "Barber" means a person who is licensed to practice barbering pursuant to this chapter by the board.
2. "Barbering" means any one or a combination of the following practices if they are performed on a person's head, face, neck or shoulders for cosmetic purposes:
(a) Cutting, clipping or trimming hair.
(b) 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.
(c) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, singeing, bleaching, dyeing, tinting, coloring or similarly treating hair.
(d) Providing hair attachments, extensions, hairpieces and wigs when performed by a barber.
(e) Shaving or trimming a beard.
(f) Providing skin care.
3. "Board" means the barbering and cosmetology board of barbers.
4. "Instructor" means a person who is licensed to teach barbering pursuant to this chapter.
5. "Mentor" means a barber who is approved by the board to train a person in a department of economic security‑approved apprenticeship program in barbering in an establishment that is licensed by the board.
6. "School" means an establishment that is operated for the purpose of teaching barbering or cosmetology.
7. "Shop" or "salon" means an establishment that is operated for the purpose of engaging in the practice of barbering.
Sec. 4. Repeal
Sections 32-302 and 32-303, Arizona Revised Statutes, are repealed.
Sec. 5. Section 32-304, Arizona Revised Statutes, is amended to read:
32-304. Powers and duties
A. The board shall:
1. Make and adopt rules that are necessary or proper for the administration of to administer this chapter, including sanitary and safety requirements for schools and shops or salons, sanitary and safety standards for the practice of barbering and mobile unit requirements.
2. Administer and enforce this chapter and rules adopted pursuant to this chapter.
3. Maintain a record of its acts and proceedings, including issuance, refusal, renewal, suspension and revocation of licenses, and a record of the name, address and license date of each licensee.
4. Keep the records of the board open to public inspection at all reasonable times.
5. Furnish a copy of its rules to a barber or to the owner or manager of each shop or salon on request.
6. Have a seal, the imprint of which shall be is used to evidence its official acts.
7. Prescribe minimum school curriculum requirements.
8. Approve a barber as a mentor based on the barber's record of compliance with this chapter. The board may not condition the approval on the barber's payment of an additional fee or completion of an additional requirement.
B. The board may:
1. Subject to title 41, chapter 4, article 4, employ an executive director who has been a licensed barber for at least five years preceding employment and other personnel it deems necessary. The board shall compensate its executive director and other personnel as determined pursuant to section 38‑611.
2. inspect the premises of any school, shop or salon during business hours.
Sec. 6. Repeal; transfer of monies
A. Section 32-305, Arizona Revised Statutes, is repealed.
B. All unexpended and unencumbered monies remaining in the board of barbers fund established by section 32‑305, Arizona Revised Statutes, as repealed by subsection A of this section, are transferred to the barbering and cosmetology fund established by section 32-505, Arizona Revised Statutes, as amended by this act, on January 1, 2022.
Sec. 7. Section 32-321, Arizona Revised Statutes, is amended to read:
32-321. Nonapplicability of chapter
This chapter does not apply to the following persons while in the proper discharge of their professional duties:
1. Medical practitioners licensed pursuant to this title who treat physical or mental ailments or disease.
2. Persons who perform services without compensation in case of emergency or in domestic administration.
3. Commissioned physicians and surgeons serving in the armed forces of the United States or other federal agencies.
4. Students attending schools licensed pursuant to this chapter or chapter 5 of this title while they are on school premises during school hours.
5. Persons licensed pursuant to chapter 5 or 12 of this title.
6. Shampoo assistants who shampoo hair under the direction of a barber licensed pursuant to this chapter.
7. Persons who are in the custody of the state department of corrections and who perform services for persons in the custody of the state department of corrections.
8. Persons who are participating in a department of economic security‑approved apprenticeship program in barbering as described in section 32‑322 while working with a mentor in an establishment that is licensed by the board.
9. Persons who are licensed in another state, who are in this state for not more than two weeks and who provide services for persons who are attending an athletic, charitable, artistic or social event in this state.
Sec. 8. Section 32-322, Arizona Revised Statutes, is amended to read:
32-322. Barber license; application; qualifications
A. An applicant for a barber license shall file the following with the board:
1. A written application on a form prescribed by the board.
2. Evidence satisfactory to the board that the applicant possesses the necessary qualifications.
3. One signed photograph.
B. Each applicant shall:
1. Be at least sixteen years of age.
2. Complete and receive appropriate credits for at least two years of high school education or its equivalent as prescribed by the board in its rules and submit satisfactory evidence that the person is at least sixteen years of age.
3. Pass an examination given under the direction of the board.
4. Pay the prescribed fees.
5. Either:
(a) Be a graduate of a school that is licensed pursuant to this chapter or a graduate of a school or program in another state that at the time of the applicant's graduation met the barber licensing requirements of that state.
(b) Complete a United States department of labor‑approved or a department of economic security‑approved apprenticeship program in barbering that includes at least two hundred fifty hours of instruction as described in section 32‑325, subsection B, paragraph 1. The instruction prescribed by this subdivision shall be completed through either:
(i) A school that is licensed pursuant to this chapter or a school or program in another state that has, in the board's opinion, licensure requirements that are substantially equivalent to the requirements of this state.
(ii) A department of economic security-approved apprenticeship program.
C. An applicant who holds a valid license to practice barbering issued by another state is exempt from subsection B, paragraph 3 of this section if the applicant submits both of the following to the board:
1. Proof that the applicant has one year of experience as a barber.
2. A document signed by the applicant stating that the applicant has read and understands the laws prescribed by this chapter.
D. An applicant who holds a valid license or authorizing document to practice barbering issued by another country and whose presence in the United States is authorized under federal law is exempt from subsection B, paragraph 5 of this section if all of the following apply:
1. The board determines that the applicant is proficient in barbering.
2. The applicant completes at least three hundred fifty hours of education at a school or program that is licensed pursuant to this chapter.
3. The applicant signs a document stating that the applicant has read and understands the requirements of this chapter.
E. Notwithstanding subsection B, paragraph 5 of this section, an applicant for a barber license who holds a cosmetologist license or a hairstylist license issued pursuant to chapter 5 of this title shall complete a three hundred fifty‑hour two hundred-hour course of study consisting of barbering techniques in a barbering school licensed pursuant to this chapter by the board.
Sec. 9. Repeal
Section 32-324, Arizona Revised Statutes, is repealed.
Sec. 10. Title 32, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 32-324, to read:
32-324. Examinations
A. The board or a national professional organization for barbering selected by the board shall administer written and practical examinations for a barber or instructor license. The examinations shall test for requisite knowledge and skills in the technical application of barbering services. An applicant may take an examination before the applicant has completed the required hours of course instruction prescribed by this article, but the applicant must complete the required hours of course instruction before licensure.
B. The board or a national professional organization for barbering selected by the board shall inform each applicant of the examination results.
C. The board shall make an accurate record of each examination.
Sec. 11. Section 32-325, Arizona Revised Statutes, is amended to read:
32-325. School license; application; qualifications
A. An applicant for a license to operate a school shall file a written application on a form prescribed by the board. The application shall be under oath and accompanied by the prescribed fee.
B. A course of instruction in a licensed school which that teaches barbering shall consist of at least one thousand five two hundred hours of instruction of not more than eight hours in any one working day. The course of instruction shall include:
1. At least two hundred fifty hours devoted to the study of the fundamentals of barbering, hygiene, bacteriology, histology of the hair, skin, muscles and nerves, structure of the head, face and neck, elementary chemistry relating to sterilization and antiseptics and diseases of the skin, hair and glands.
2. At least one thousand two nine hundred fifty hours devoted to the practice and study of massaging and manipulating muscles of the scalp, face and neck, hair cutting, shaving and chemical work relating to permanent waves and hair straightening, coloring and bleaching.
C. A licensed school shall:
1. Be operated under the general supervision of a licensed instructor.
2. Have and maintain sufficient equipment to properly train all its students in the use, function and operation of equipment which that is at the time in use in barbering.
3. Provide:
(a) Separate lecture rooms or classrooms.
(b) Locker spaces for students.
(c) An area appropriate in size for the placement of placing the training equipment.
4. Require that a student pass examinations in all phases of barbering before he graduates graduating.
5. Pass an inspection by the board before a school license is issued.
6. Furnish to the board and maintain in force a bond in the sum of twenty‑five thousand dollars $25,000 that is approved by the board and executed by a corporate bonding company authorized to do business in this state. The bond shall be for the benefit of and subject to the claims of the this state for failure to comply with the requirements of this chapter and conditioned that the school licensed pursuant to this chapter shall afford affords to its students the full course of instruction required pursuant to this chapter, in default of which the full amount of the tuition paid by the student shall be refunded.
D. The student to instructor ratio in a school shall be not more than twenty to one.
E. d. Instructors shall not apply their time to private practice with or without compensation in a school or during school hours.
F. e. Students shall not teach other students.
G. f. Students shall be under the constant supervision of an instructor.
g. A school may offer courses on both cosmetology and barbering if an instructor licensed pursuant to chapter 5 of this title teaches the cosmetology courses and an instructor licensed pursuant to this chapter teaches the barbering courses.
Sec. 12. Section 32-501, Arizona Revised Statutes, is amended to read:
32-501. 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.
(c) Removing superfluous hair by means other than electrolysis or threading.
3. "barbering" has the same meaning prescribed in section 32-301.
3. 4. "Board" means the board of barbering and cosmetology board.
4. 5. "Cosmetic purposes" means for the purpose of beautifying, preserving or conferring comeliness, excluding therapeutic massage and manipulations.
5. 6. "Cosmetologist" means a person who is licensed to practice cosmetology pursuant to this chapter.
6. 7. "Cosmetology" 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.
(c) Removing superfluous hair by means other than electrolysis or threading.
(d) Nail technology.
(e) Hairstyling.
7. 8. "Electrical appliances" means devices that use electrical current and includes lasers and IPL devices as defined in section 32‑516.
8. 9. "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.
(c) Removing superfluous hair from the neck up by means other than electrolysis or threading.
9. 10. "Hairstylist" means a person who is licensed to practice hairstyling pursuant to this chapter.
10. 11. "Instructor" means a person who is licensed to teach cosmetology, aesthetics, nail technology or hairstyling, or any combination thereof, pursuant to this chapter.
11. 12. "Mentor" means a cosmetologist who is approved by the board to train a person in a department of economic security-approved apprenticeship program in cosmetology in an establishment that is licensed by the board.
12. 13. "Nail technician" means a person who is licensed to practice nail technology pursuant to this chapter.
13. 14. "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.
(c) Massaging and cleaning a person's hands, arms, legs and feet.
14. 15. "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 that is 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, and that is operated and dispatched from a business that has a physical street address that is on file with the board.
15. 16. "School" means an establishment that is operated for the purpose of teaching barbering, cosmetology, aesthetics, nail technology or hairstyling, or any combination of the listed practices.
16. 17. "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.
Sec. 13. Section 32-502, Arizona Revised Statutes, is amended to read:
32-502. Barbering and cosmetology board; members; appointment; qualifications; terms
A. The barbering and cosmetology board of cosmetology is established consisting of the following seven members who are appointed by the governor:
1. Three members one cosmetologist who have been has actively practicing practiced cosmetology in this state for at least three years immediately preceding appointment. and who are any of the following:
(a) A cosmetologist.
(b) A nail technician.
(c) An instructor.
(d) A school owner.
2. two school owners who do not own the same school.
2. 3. Four five public members, preferably one of whom is an educator, who are not and have never been associated with the barbering, cosmetology or nail technology industry, who are licensed as a barber, cosmetologist or nail technician or who are involved in the manufacture of manufacturing barbering, cosmetology or nail technology products.
4. One barber who has actively practiced barbering in this state for at least three years.
B. The three members who are appointed pursuant to subsection A, paragraph 1 of this section shall be appointed under different subdivisions of subsection A, paragraph 1 of this section.
C. b. The term of office for members is three years beginning and ending June 22.
D. c. The governor may remove board members for neglect of duty, malfeasance or misfeasance.
Sec. 14. Section 32-503, Arizona Revised Statutes, is amended to read:
32-503. Organization; meetings; personnel; compensation
A. The board shall annually elect a chairman, vice‑chairman vice chairman and secretary‑treasurer from among its membership.
B. The board shall hold at least one regular meeting monthly and may hold other meetings at times and places it designates.
C. Subject to title 41, chapter 4, article 4, the board may employ the following personnel as it deems necessary to carry out the purposes of this chapter and chapter 3 of this title and designate their duties:
1. An executive director.
2. A supervisor of examinations who is an instructor licensed pursuant to this chapter or chapter 3 of this title and who has worked at least two of the five years immediately preceding employment as an instructor in a school licensed pursuant to this chapter.
3. Examiners who are not employed as instructors in any school licensed pursuant to this chapter or chapter 3 of this title.
4. Persons to provide investigative, professional and clerical assistance.
5. Consultants to assist the board in the performance of performing its duties.
6. Other personnel.
D. Members of the board are eligible to receive compensation as determined pursuant to section 38‑611 for each day of actual service in the business of the board. The board shall compensate its executive director and other personnel as determined pursuant to section 38‑611.
Sec. 15. Section 32-505, Arizona Revised Statutes, is amended to read:
32-505. Barbering and cosmetology fund
A. The board of barbering and cosmetology fund is established. Except as provided in subsection C of this section, before the end of each calendar month the board shall deposit, pursuant to sections 35‑146 and 35‑147, the board shall deposit ten per cent percent of all monies from whatever source which that come into the possession of the board in the state general fund and deposit the remaining ninety per cent percent in the board of barbering and cosmetology fund.
B. Except as provided in section 32‑573, subsection G, monies deposited in the board of barbering and cosmetology fund are subject to section 35‑143.01.
C. Monies from civil penalties received pursuant to section 32‑571 shall be deposited, pursuant to sections 35‑146 and 35‑147, in the state general fund.
Sec. 16. Section 32-506, Arizona Revised Statutes, is amended to read:
32-506. Nonapplicability of chapter
This chapter does not apply to the following persons while in the proper discharge of their professional duties:
1. Medical practitioners who are licensed pursuant to this title if the practices treat physical or mental ailments or disease.
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 who are 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 dry, style, arrange, dress, curl, hot iron or shampoo and condition hair if the service does not include applying reactive chemicals to permanently straighten, curl or alter the structure of the hair and if the person takes and completes a class relating to sanitation, infection protection and law review that is provided by the board or its designee. 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.
15. Persons who are participating in a department of economic security-approved apprenticeship program in cosmetology as described in section 32‑511 while working with a mentor in an establishment that is licensed by the board.
16. Persons who are licensed in another state and who are working in this state at a charitable event that benefits a nonprofit organization.
17. Persons who are licensed in another state, who are in this state for not more than two weeks and who provide services for persons who are attending an athletic, charitable, artistic or social event in this state.
18. Persons 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, including hair that has been treated with color or bleach.
Sec. 17. 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 does all of the following:
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 eighteen years of age.
3. Submits to the board satisfactory evidence of any of the following:
(a) That the person is a graduate of a cosmetology course consisting of at least sixteen one thousand five hundred hours of training in a school licensed pursuant to this chapter by the board.
(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.
(c) That the person completed a United States department of labor‑approved or a department of economic security-approved apprenticeship program in cosmetology that includes at least two hundred fifty hours of infection protection and law review instruction. The person shall complete the instruction prescribed by this subdivision through either:
(i) A school that is licensed pursuant to this chapter or a school or program in another state that has, in the board's opinion, licensure requirements that are substantially equivalent to the requirements of this state.
(ii) A department of economic security-approved apprenticeship program.
4. Passes the examination for a cosmetologist license.
5. Pays the prescribed fees.
Sec. 18. Section 32-512.01, Arizona Revised Statutes, is amended to read:
32-512.01. Hairstylists; applications; qualifications
A person is entitled to receive a license to practice hairstyling if the person does all of the following:
1. Submits to the board an application for a hairstylist license on a form supplied by the board.
2. Either:
(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 eighteen years of age.
3. Submits to the board satisfactory evidence that the person either:
(a) Graduated from a hairstyling 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) Completed either:
(i) A hairstylist course consisting of at least one thousand hours of training in a school licensed pursuant to this chapter by the board.
(ii) If the person holds a barber license issued pursuant to chapter 3 of this title, a two hundred-hour course consisting of hairstyling techniques in a school licensed by the board.
4. Pays the prescribed fees for a hairstylist license.
5. Passes the examination for a hairstylist license.
Sec. 19. Section 32-514, Arizona Revised Statutes, is amended to read:
32-514. Examinations
A. The board or a national professional organization for cosmetology selected by the board shall administer written and practical examinations for a cosmetologist, aesthetician, nail technician, hairstylist or instructor license. The examinations shall test for requisite knowledge and skills in the technical application of cosmetology services. An applicant may take an examination before the applicant has completed the required hours of course instruction prescribed by this article, but the applicant must complete the required hours of course instruction before licensure.
B. The board or a national professional organization for cosmetology selected by the board shall inform each applicant of the examination results.
C. The board shall make an accurate record of each examination.
Sec. 20. Section 32-556, Arizona Revised Statutes, is amended to read:
32-556. Separation of schools from other businesses
A school of any type, including a cosmetology school, or otherwise, shall not be conducted with any other business, including may include programs related to a subject that is similar to cosmetology but may not include a salon. A school of any type, including a cosmetology school or otherwise, and another business shall be separated by walls of permanent construction and not have doors or openings between them. A cosmetology school may offer for sale cosmetology products and related articles.
Sec. 21. Section 32-573, Arizona Revised Statutes, is amended to read:
32-573. Procedure for disciplinary action; appeal
A. The board on its own motion may investigate any information that appears to show the existence of any of the causes set forth in section 32‑572. The board shall investigate the report of any person that appears to show the existence of any of the causes set forth in section 32‑572. A person who reports pursuant to this section and who provides the information in good faith is not subject to liability for civil damages as a result.
B. If, after completing its investigation, the board finds that the evidence is not of sufficient seriousness to merit direct action against a license, it may take either of the following actions:
1. Dismiss if, in the opinion of the board, the evidence is without merit.
2. File a letter of concern if, in the opinion of the board, while there is insufficient evidence to support direct action against the license there is sufficient evidence for the board to notify the licensee that continuation of the activities that led to the information or report being made to the board may result in action against the licensee's license.
C. If, in the opinion of the board, it appears the information or report is or may be true, the board shall request an informal interview with the licensee concerned. The interview shall be requested by the board in writing, stating the reasons for the interview and setting a date not less than at least ten days from after the date of the notice for conducting the interview.
D. If, after an informal interview, the board finds that the evidence warrants suspension or revocation of a license issued pursuant to this chapter, imposition of a civil penalty or public reproof or if the licensee under investigation refuses to attend the informal interview, a complaint shall be issued and formal proceedings shall be initiated. All proceedings pursuant to this subsection shall be conducted in accordance with title 41, chapter 6, article 10.
E. A licensee who has been notified pursuant to subsection D of this section of charges pending against the licensee shall file with the board an answer in writing to the charges not more than thirty days after the licensee receives the complaint. If the licensee fails to answer in writing within this time, it is deemed an admission by the licensee of the acts charged in the complaint and the board may take disciplinary action allowed by this chapter without a hearing.
F. If the board finds that the evidence is not of sufficient seriousness to merit suspension or revocation of a license issued pursuant to this chapter, imposition of a civil penalty or public reproof, it the board may take the following actions:
1. Dismiss if, in the opinion of the board, the evidence is without merit.
2. File a letter of concern if, in the opinion of the board, while there is insufficient evidence to support direct action against the license there is sufficient evidence for the board to notify the licensee that continuation of the activities which led to the information or report being made to the board may result in action against the licensee's license.
3. Impose probation requirements.
G. If a licensee violates this chapter or a rule adopted pursuant to this chapter, the board may assess the licensee with the board's reasonable costs and expenses, including attorney fees, incurred in conducting the investigation and administrative hearing. All monies collected pursuant to this subsection shall be deposited, pursuant to sections 35‑146 and 35‑147, in a separate account in the board of cosmetology barbering and cosmetology fund established by section 32‑505. The board may only use these monies to defray its expenses in connection with investigation related training and education, disciplinary investigations and all costs related to administrative hearings. Notwithstanding section 35‑143.01 the separate account monies may be spent without legislative appropriation.
H. Except as provided in section 41‑1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title 12, chapter 7, article 6.
Sec. 22. 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, nail technology or hairstyling 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, nail technician or hairstylist or as being engaged in the practice or business of cosmetology, aesthetics, nail technology or hairstyling 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 allow an employee or another person under the person's supervision or control to perform cosmetology, aesthetics, nail technology or hairstyling without a license issued pursuant to this chapter.
5. Practice or attempt to practice cosmetology, aesthetics, nail technology or hairstyling in any place other than in a salon licensed pursuant to this chapter by the board 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, nail technology or hairstyling 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 monies 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 who is 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 by the board.
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", "nail technician" or "hairstylist" or any other title or term likely to be confused with "aesthetician", "cosmetologist", "nail technician" or "hairstylist" in any advertisement, statement or publication unless that person is licensed pursuant to this chapter by the board.
12. Teach cosmetology, aesthetics, nail technology or hairstyling 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, nail technology or hairstyling services in a school unless the services are directly incidental to the instruction of instructing students.
C. A person who violates this section is guilty of a class 1 misdemeanor.
Sec. 23. Section 41-1092, Arizona Revised Statutes, is amended to read:
41-1092. Definitions
In this article, unless the context otherwise requires:
1. "Administrative law judge" means an individual or an agency head, board or commission that sits as an administrative law judge, that conducts administrative hearings in a contested case or an appealable agency action and that makes decisions regarding the contested case or appealable agency action.
2. "Administrative law judge decision" means the findings of fact, conclusions of law and recommendations or decisions issued by an administrative law judge.
3. "Appealable agency action" means an action that determines the legal rights, duties or privileges of a party and that is not a contested case. Appealable agency actions do not include interim orders by self‑supporting regulatory boards, rules, orders, standards or statements of policy of general application issued by an administrative agency to implement, interpret or make specific the legislation enforced or administered by it or clarifications of interpretation, nor does it mean or include rules concerning the internal management of the agency that do not affect private rights or interests. For the purposes of this paragraph, administrative hearing does not include a public hearing held for the purpose of receiving public comment on a proposed agency action.
4. "Director" means the director of the office of administrative hearings.
5. "Final administrative decision" means a decision by an agency that is subject to judicial review pursuant to title 12, chapter 7, article 6.
6. "Office" means the office of administrative hearings.
7. "Self‑supporting regulatory board" means any one of the following:
(a) The Arizona state board of accountancy.
(b) The barbering and cosmetology board of barbers.
(c) The board of behavioral health examiners.
(d) The Arizona state boxing and mixed martial arts commission.
(e) The state board of chiropractic examiners.
(f) The board of cosmetology.
(g) (f) The state board of dental examiners.
(h) (g) The state board of funeral directors and embalmers.
(i) (h) The Arizona game and fish commission.
(j) (i) The board of homeopathic and integrated medicine examiners.
(k) (j) The Arizona medical board.
(l) (k) The naturopathic physicians medical board.
(m) (l) The Arizona state board of nursing.
(n) (m) The board of examiners of nursing care institution administrators and adult care home assisted living facility managers.
(o) (n) The board of occupational therapy examiners.
(p) (o) The state board of dispensing opticians.
(q) (p) The state board of optometry.
(r) (q) The Arizona board of osteopathic examiners in medicine and surgery.
(s) (r) The Arizona peace officer standards and training board.
(t) (s) The Arizona state board of pharmacy.
(u) (t) The board of physical therapy.
(v) (u) The state board of podiatry examiners.
(w) (v) The state board for private postsecondary education.
(x) (w) The state board of psychologist examiners.
(y) (x) The board of respiratory care examiners.
(z) (y) The state board of technical registration.
(aa) (z) The Arizona state veterinary medical examining board.
(bb) (aa) The acupuncture board of examiners.
(cc) (bb) The Arizona regulatory board of physician assistants.
(dd) (cc) The board of athletic training.
(ee) (dd) The board of massage therapy.
Sec. 24. Repeal
Section 41-3022.23, Arizona Revised Statutes, is repealed.
Sec. 25. Section 41-3024.05, Arizona Revised Statutes, is amended to read:
41-3024.05. Barbering and cosmetology board; termination July 1, 2024
A. The barbering and cosmetology board of cosmetology terminates on July 1, 2024.
B. Title 32, chapter chapters 3 and 5 and this section is are repealed on January 1, 2025.
Sec. 26. Section 44-6852, Arizona Revised Statutes, is amended to read:
44-6852. Dishonored checks; service fee
Notwithstanding any other law and except as provided in sections 32-328 and 32-507, the holder, payee or assignee of the holder or payee of a dishonored check, draft, order or note may charge and collect from the maker or drawer a service fee of not more than twenty‑five dollars $25 plus any actual charges assessed by the financial institution of the holder, payee or assignee of the holder or payee as a result of the dishonored instrument.
Sec. 27. Transfer; effect; succession
A. As provided by this act, the barbering and cosmetology board succeeds to the authority, powers, duties and responsibilities of the board of barbers from and after December 31, 2021.
B. This act does not alter the effect of any actions that were taken or impair the valid obligations of the board of barbers in existence before January 1, 2022.
C. All administrative matters, contracts and judicial and quasi‑judicial actions, whether completed, pending or in process, of the board of barbers on January 1, 2022 are transferred to and retain the same status with the barbering and cosmetology board.
D. All certificates, licenses, registrations, permits and other indicia of qualification and authority that were issued by the board of barbers retain their validity for the duration of their terms of validity as provided by law.
E. All equipment, records, furnishings and other property and all data and investigative findings of the board of barbers are transferred to the barbering and cosmetology board from and after December 31, 2021.
Sec. 28. Retention of members
All persons serving as members of the board of barbers and the board of cosmetology on January 1, 2022 may continue to serve on the barbering and cosmetology board established by section 32-502, Arizona Revised Statutes, as amended by this act, until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
Sec. 29. Barbering and cosmetology board; licensing and fees study; report; use of monies
A. The barbering and cosmetology board established by section 32‑502, Arizona Revised Statutes, as amended by this act, shall study licenses and fees that are issued and imposed by the board under title 32, chapters 3 and 5, Arizona Revised Statutes. The barbering and cosmetology board shall:
1. Identify what is unique to each profession that the board regulates and determine whether any licenses should be consolidated.
2. Study the fee structure for each profession that the board regulates and determine whether changes are needed.
3. Determine whether a reduction of instruction hours that are required for current licenses is necessary and how a reduction of instruction hours might affect reciprocity with other states.
B. The barbering and cosmetology board shall submit a report of its findings and recommendations to the governor, the president of the senate and the speaker of the house of representatives on or before November 1, 2023 and shall provide a copy of this report to the secretary of state.
C. Notwithstanding any other law, the board may use up to $750,000 from the barbering and cosmetology fund established by section 32-505, Arizona Revised Statutes, as amended by this act, to assist in the study and report required by this section.
Sec. 30. Effective date
This act is effective from and after December 31, 2021."
Amend title to conform
And, as so amended, it do pass
JOHN KAVANAGHCHAIRMAN |