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REFERENCE TITLE: barbering; cosmetology; salons; unlicensed employees |
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State of Arizona House of Reprentatives Fifty-sixth Legislature First Regular Session 2023
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HB 2525 |
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Introduced by Representative Hendrix
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An Act
amending section 32-321, Arizona Revised Statutes; amending title 32, chapter 3, article 3, Arizona Revised Statutes, by adding section 32-357; amending sections 32-506, 32-510, 32-511, 32-512 and 32-512.01, Arizona Revised Statutes; relating to the barbering and cosmetology board.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. 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 by the board 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.
10. Persons who are participating in the shop and salon inspection program pursuant to section 32-358.
Sec. 2. Title 32, chapter 3, article 3, Arizona Revised Statutes, is amended by adding section 32-357, to read:
32-357. Shop and salon inspection program; requirements; definition
A. The board shall establish a shop and salon inspection program to allow shops and salons to employ unlicensed persons. The board shall establish a shop and salon registry for a licensed shop or salon that qualifies and wishes to participate in the shop and salon inspection program.
B. A shop or salon that is licensed pursuant to this chapter or chapter 5 of this title may participate in the shop and salon inspection program by registering with the board in a manner determined by the board.
C. A shop or salon as defined in section 32-301 that registers with the board may employ an unlicensed person to provide barbering. A salon as defined in section 32-501 that registers with the board may employ an unlicensed person to provide aesthetics, barbering, cosmetology, hairstyling and nail technology as defined in section 32-501.
D. A shop or salon participating in the shop and salon inspection program shall post a sign in a conspicuous location in the shop or salon notifying the public that a person providing services in the shop or salon might not be regulated by the board.
E. A shop or salon that registers with the board shall comply with all facility and minimum equipment requirements, safety and infection control requirements, establishment inspection requirements, management requirements and shop and salon licensing renewal requirements established pursuant to this chapter and chapter 5 of this title.
F. Each shop or salon owner is responsible for:
1. Ensuring the education, training, skills and competence of persons who work in the owner's shop or salon.
2. Protecting the health and safety of customers and persons who work in the owner's shop or salon, including the shop's or salon's sanitation and equipment.
G. In addition to remedies otherwise provided by law, in an action based on an injury alleged to have occurred in a shop or salon, a person may recover reasonable attorney fees and receive other equitable relief as determined by the court.
H. The board shall inspect shops and salons participating in the shop and salon inspection program on a regular basis as it deems necessary.
I. In addition to any other disciplinary powers established pursuant this chapter or chapter 5 of this title, if the board has probable cause to believe that human health is endangered, the board may order a shop or salon participating in the shop and salon inspection program to immediately cease operations. The board shall conduct formal proceedings pursuant to section 32-354 or 32-573 at its next regularly scheduled meeting to determine whether the problem has been rectified, whether to suspend, revoke or reinstate the shop's or salon's participation in the program and whether to suspend, revoke or reinstate the shop or salon license.
J. Except as provided in subsection C of this section, for the purposes of this section, "salon" has the same meaning prescribed in sections 32-301 and 32-501.
Sec. 3. 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 by the board 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 32-510, 32-511, 32-512 or 32-512.01 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.
19. Persons who are participating in the shop and salon inspection program pursuant to section 32-357.
Sec. 4. Section 32-510, Arizona Revised Statutes, is amended to read:
32-510. Aestheticians; applications; qualifications
A person is entitled to receive an aesthetician's license if the person:
1. Submits to the board an application for an aesthetician's 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 to the board 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 either any of the following:
(a) That the person is a graduate of an aesthetician school in another state or country that has substantially the same requirements as this state for schools licensed by the board.
(b) That the person is a graduate of an aesthetician course consisting of at least six hundred hours of training in a school licensed by the board.
(c) That the person completed a United States department of labor-approved or a department of economic security-approved apprenticeship program in aesthetics that includes at least two hundred 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 by the board 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 an aesthetician's license.
5. Pays the prescribed fees for an aesthetician's license.
Sec. 5. 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 one thousand five hundred hours of training in a school licensed 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 by the board.
(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 by the board 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. 6. Section 32-512, Arizona Revised Statutes, is amended to read:
32-512. Nail technicians; applications; qualifications
A person is entitled to receive a license to practice nail technology if the person does all of the following:
1. Submits to the board an application for a nail technician 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 either any of the following:
(a) That the person graduated from a nail technology 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 by the board.
(b) That the person completed a nail technician course consisting of at least six four hundred hours of training in a school licensed by the board.
(c) That the person completed a United States department of labor-approved or a department of economic security-approved apprenticeship program in nail technology that includes at least one 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 by the board 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. Pays the prescribed fees for a nail technician license.
5. Passes the examination for a nail technician license.
Sec. 7. 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 meets any of the following:
(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 by the board.
(b) Completed a hairstylist course consisting of at least one thousand six hundred hours of training in a school licensed by the board.
(c) Completed a United States department of labor-approved or a department of economic security-approved apprenticeship program in hairstyling that includes at least two hundred 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 by the board 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. Pays the prescribed fees for a hairstylist license.
5. Passes the examination for a hairstylist license.