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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature First Regular Session |
House: GE DPA/SE 13-0-0-0 | 3rd Read 59-0-1-0
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HB
2029: barbering and cosmetology boards; consolidation
Previous NOW: consolidation; barbering and cosmetology boards
NOW: commerce; masks; barbering; cosmetology; licensing
Sponsor: Representative Kavanagh, LD 23
Transmitted to the Governor
Overview
Creates the Barbering and Cosmetology Board (Board).
History
Current law outlines the powers and duties of the board of barbers and the board of cosmetology. Some of their powers include adopting rules necessary to complete duties, maintain a record of their acts and proceedings and keep these records open to public inspection and provide minimum school curriculum requirements (A.R.S. §§ 32-304, 32-504).
Each board has membership requirements outlined in statute. The Board of Barbers consists of five members appointed by the Governor and the Board of Cosmetology consists of seven members appointed by the Governor (A.R.S. §§ 32-302, 32-502).
Provisions
1.
Consolidates the barbering and cosmetology
boards into the 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. (Sec. 1)
3. Repeals the board of barbers, board of cosmetology and barbers fund established in statute. (Sec. 4, 6, 26)
4. Specifies that all unexpended and unencumbered monies that remain in the barbers fund are transferred to the barbering and cosmetology fund on January 1, 2022. (Sec. 6)
5. Decreases the course hours for a barber license by an applicant who holds a cosmetologist license or a hairstylist license to 200 hours, rather than 350 hours. (Sec. 8)
6. Requires the Board or a national professional organization for barbering to administer practical and written examinations for a barber or instructor license. (Sec. 10)
7. Instructs the examinations to test for skills and requisite knowledge in the technical application of barbering services. (Sec. 10)
8. Allows an applicant to take an examination before completing the required hours of course instruction prescribed by statute but must complete the required hours before licensure. (Sec. 10, 21)
9. 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. (Sec. 10)
10. Decreases the required number of instruction hours in a licensed barbering school to 1,200 hours, rather than 1,500 hours.
a) At least 950 hours, rather than 1,250 hours must be devoted to the practice and study of manipulating and massaging muscles of the scalp, face and neck, shaving and chemical work relating to permanent waves, hair cutting, coloring and bleaching. (Sec. 11)
11. Eliminates the current student to instructor ratio of 20:1 in a barbering school. (Sec. 11)
12. Authorizes a barbering school to offer courses on both cosmetology and barbering if the properly licensed instructor is teaching each course. (Sec. 11)
13. Modifies the membership of the Board to the following:
a) One cosmetologist;
b) Two school owners who do not own the same school, one of who owns a cosmetology school and one who owns a barbering school;
c) Five public members, preferably one who is an educator; and
d) One barber who has actively practiced in Arizona for at least three years. (Sec. 13)
14. 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 licensed school and who shampoo, rinse and apply cream rinse, conditioners and reconstructors to hair, including hair that has been treated with bleach or color. (Sec. 7, 16)
15. Decreases the requirement to be licensed as a cosmetologist to a person who is a graduate of a cosmetology course consisting of at least 1,500 hundred hours of training, rather than 1,600 hours. (Sec. 18)
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. (Sec. 22)
17. Removes the requirement for a cosmetology school and another business to be separated by permanent walls. (Sec. 22)
18. Specifies that the Board terminates on July 1, 2026. (Sec. 27)
19. Amends Laws 2021, Chapter 201 to state that a business in Arizona is not required to enforce a state, county or municipal mask mandate on its patrons, rather than on its premises. (Sec. 29)
20. Stipulates that the Board succeeds to the authority, powers, duties and responsibilities of the Board of Barbers January 1, 2022. (Sec. 30)
21. Clarifies that this does not alter the effect of actions taken or valid obligations of the Board of Barbers in existence before January 1, 2022. (Sec. 30)
22. Specifies that all administrative matters, contracts and judicial actions, regardless of status, of the Board of Barbers on January 1, 2022 are transferred to the Board and maintain the same status. (Sec. 30)
23. Maintains the validity of all certificates, licenses, registrations and permits issued by the Board of Barbers. (Sec. 30)
24. Transfers all equipment, records, furnishings and other property from the Board of Barbers to the Board January 1, 2022. (Sec. 30)
25. Allows members of the Board of Cosmetology to continue serving on the Board until the expiration of their term at which point the Governor will appoint all subsequent members. (Sec. 31)
26. 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 required for current licenses is necessary and how that 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, 2023. (Sec. 32)
27. Provides a purpose statement that states that the Legislature consolidates the Board of Barbers and the Board of Cosmetology into the Board to ensure that the public is protected from the incompetent practice of barbering and cosmetology by establishing minimum qualifications for entry into these professions and swift and effective discipline for those practitioners who violate barbering or cosmetology statutes or rules. (Sec. 33)
28. Modifies several definitions in current statute. (Sec. 3, 12, 23)
29. Makes technical and conforming changes. (Sec. 1, 3, 5, 7-9, 11-15, 17-20, 22-26, 28)
30. Contains an effective date of January 1, 2022, except for the amendments to Laws 2021, Chapter 201, Section 1. (Sec. 34)
31.
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34. HB 2029
35. Initials SJ Page 0 Transmitted
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