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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
barbering and cosmetology boards; consolidation
(NOW: consolidation; barbering and cosmetology boards)
Purpose
Effective January 1, 2022, consolidates the Board of Barbers and Board of Cosmetology into the Board of Barbering and Cosmetology (Barbering and Cosmetology Board) and prescribes membership. Allows a school to teach both barbering and cosmetology, reduces the instructional hours required for barbering and cosmetology licenses and modifies examination requirements.
Background
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. The Board of Barbers consists of three public members and two members who are barber school licensees, barber shop or salon licensees or have been actively practicing barbering in Arizona for at least five years (A.R.S. Title 32, Chapter 3).
The Board of Cosmetology regulates the practice of cosmetology, aesthetics, nail technology and hairstyling. The Board of Cosmetology: 1) administers licenses and licensing examinations; 2) inspects salons and schools; 3) investigates violations of sanitation requirements and procedures; and 4) takes disciplinary action for outlined violations and conduct. The Board of Cosmetology consists of four public members and three members who have actively practiced for at least three years as a cosmetologist, nail technician, instructor or school owner (A.R.S. Title 32, Chapter 5).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Consolidation
1. Renames the Board of Cosmetology as the Barbering and Cosmetology Board.
2. Repeals the Board of Barbers.
3. Replaces the Board of Cosmetology membership with the Barbering and Cosmetology Board membership as follows:
a) one cosmetologist who has actively practiced cosmetology in Arizona for at least three years immediately preceding appointment;
b) one barber who has actively practiced barbering in Arizona for at least three years;
c) two school owners who do not own the same school; and
d) five public members, preferably one of whom is an educator, who meet outlined qualifications.
4. Requires the public members to:
a) not be and never have been associated with the barbering, cosmetology or nail technology industry;
b) be licensed as a barber, cosmetologist or nail technician; or
c) be involved in the manufacturing barbering, cosmetology or nail technology products.
5. Transfers, to the Barbering and Cosmetology Board beginning January 1, 2022, the Board of Barber's:
a) authority, powers, duties and responsibilities;
b) administrative matters, contracts and judicial and quasi-judicial actions and retains their status, whether completed, pending or in process; and
c) all equipment, records, furnishings and other property and all data and investigative findings.
6. Retains the validity of all certificates, licenses, registrations, permits and other indicia of qualification authority issued by the Board of Barbers for the duration of their terms.
7. Renames the Board of Cosmetology Fund as the Barbering and Cosmetology Board Fund (Barbering and Cosmetology Fund).
8. Repeals the Board of Barbers Fund and transfers unexpended and unencumbered monies remaining on January 1, 2022, to the Barbering and Cosmetology Fund.
9. Specifies that the consolidation does not alter the effect of any actions taken or impair valid obligations of the Board of Barbers in existence before January 1, 2022.
10. Retains, as members on the Barbering and Cosmetology Board until the expiration of their normal terms, members serving on the Board of Barbers and Board of Cosmetology on January 1, 2022, and requires the Governor to make all subsequent appointments as prescribed.
Instruction
11. Reduces, from 1,600 to 1,500, the required cosmetology course instructional hours for licensure as a cosmetologist.
12. Reduces, from 1,500 to 1,200, the required hours in a barbering course of instruction at a licensed school and reduces, from 1,250 to 950, the instructional hours that must be devoted to the practice and study of:
a) massaging and manipulating muscles of the scalp, face and neck; and
b) hair cutting, shaving and chemical work relating to permanent waves and hair straightening, coloring and bleaching.
13. Reduces, from 350 to 200, the instruction hours in barbering techniques that a barber license applicant who is a licensed cosmetologist or hairstylist must complete.
14. Removes the maximum barbering school student to instructor ratio of 20 to 1.
15. Allows a school to offer courses on both cosmetology and barbering if:
a) an instructor licensed to teach cosmetology, aesthetics, nail technology or hairstyling teaches the cosmetology courses; and
b) an instructor licensed to teach barbering teaches the barbering courses.
16. Allows a school, including a cosmetology school, to include programs related to a subject similar to cosmetology.
17. Removes the prohibition against a school being conducted with any other business, except that the school may not include a salon.
18. Removes the requirement that a school, including a cosmetology school, be separated from another business by walls of permanent construction with no doors or openings between them.
Examinations
19. Allows a barbering, cosmetologist, aesthetician, nail technician, hairstylist or instructor applicant to take an examination before completing the required course instruction hours but specifies that the applicant must complete the course instruction hours before licensure.
20. Requires the Barbering and Cosmetology Board or a Barbering and Cosmetology Board-selected national professional organization for barbering to:
a) administer written and practical examinations for a barber or barber instructor license; and
b) inform each applicant of examination results.
21. Requires the barber or barber instructor examinations to test for requisite knowledge and skills in the technical application of barbering services rather than in specified areas.
22. Requires the Barbering and Cosmetology Board to make an accurate record of each examination.
23. Removes the requirement that barber examinations be given at least every three months.
24. Removes the following stipulations relating to barbering examinations:
a) that examinations contain a written part and practical demonstration part;
b) that instructor examinations be limited to subjects the applicant seeks to teach;
c) a passing grade is a score of 75 percent or better on both the written and practical parts;
d) that an applicant who fails an examination is entitled to reexamination; and
e) an application is cancelled, and the application fee forfeited, if an applicant eligible to take an examination fails to do so at the next two scheduled examinations.
Regulations
25. Excludes, from Cosmetology statutes:
a) students attending licensed schools while at an off campus, school-sponsored event;
b) persons enrolled in a licensed school who shampoo, rinse and apply cream rinse, conditioners and reconstructors to hair, including hair treated with color or bleach; and
c) persons licensed in another state working in Arizona at a charitable event benefitting a nonprofit organization.
26. Excludes, from Barbers statutes and Cosmetology statutes, persons licensed in another state who are in Arizona for up to two weeks providing services for persons attending an athletic, charitable, artistic or social event in Arizona.
Definitions
27. Includes cosmetology in the practices taught by a licensed school subject to Barbers statutes.
28. Includes barbering in the practices taught by a licensed school subject to Cosmetology statutes.
29. Includes in the definition of hairstyling relating to cosmetology, removing superfluous hair from the neck up by means other than electrolysis or threading.
Miscellaneous
30. Terminates the Barbering and Cosmetology Board on July 1, 2026.
31. Requires the Barbering and Cosmetology Board, by November 1, 2023, to study and report on licenses and fees including:
a) identifying what is unique to each regulated profession and determining whether any licenses should be consolidated;
b) studying the fee structure for each regulated profession to determine necessary changes; and
c) determining whether a reduction in required instruction hours is necessary and how a reduction might affect reciprocity with other states.
32. Requires the Barbering and Cosmetology Board to submit the report of its findings and recommendations to the Governor, President of the Senate and Speaker of the House of Representatives and provide a copy of the report to the Secretary of State.
33. Authorizes the Barbering and Cosmetology Board to use up to $750,000 from the Barbering and Cosmetology Fund to assist in the required study and report.
34. Makes technical and conforming changes.
35. Becomes effective on January 1, 2022.
House Action
GE 1/13/21 DPA/SE 13-0-0-0
3rd Read 1/28/21 59-0-1
Prepared by Senate Research
March 1, 2021
LB/kja