CORRECTED Jan 30 2023
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REFERENCE TITLE: eyelash technicians; registration.. |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2550 |
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Introduced by Representative Wilmeth
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An Act
amending sections 32-501, 32-504, 32-506 and 32-507, Arizona Revised Statutes; amending title 32, chapter 5, article 2, Arizona Revised Statutes, by adding section 32-519; amending sections 32-571, 32-572, 32-573 and 32-574, 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 32-501, Arizona Revised Statutes, is amended to read:
32-501. Definitions
In this chapter, unless the context otherwise requires:
1. "Aesthetician":
(a) Means a person who is licensed to practice skin care pursuant to this chapter.
(b) Does not include an eyelash technician.
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.
4. "Board" means the barbering and cosmetology board.
5. "Cosmetic purposes" means for the purpose of beautifying, preserving or conferring comeliness, excluding therapeutic massage and manipulations.
6. "Cosmetologist" means a person who is licensed to practice cosmetology pursuant to this chapter.
7. "Cosmetology":
(a) Means any one or a combination of the following practices if they are performed for cosmetic purposes:
(a) (i) 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) (ii) Arching eyebrows or tinting eyebrows and eyelashes.
(c) (iii) Removing superfluous hair by means other than electrolysis or threading.
(d) (iv) Nail technology.
(e) (v) Hairstyling.
(b) Does not include performing personal services related to eyelash extensions.
8. "Electrical appliances" means devices that use electrical current and includes lasers and IPL devices as defined in section 32-516.
9. "Eyelash extensions":
(a) Means applying, removing and trimming threadlike natural or synthetic fibers to an eyelash.
(b) Includes cleansing the eye area and lashes.
(c) Does not include applying eyelash enhancements that are tattoos, color agents, straightening agents, permanent wave solutions or bleaching agents to the eyebrow or any other cosmetology service.
10. "Eyelash technician" means a person who is not licensed as a cosmetologist or aesthetician and who for compensation performs personal services limited to eyelash extensions.
9. 11. "Hairstyling" means 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.
10. 12. "Hairstylist" means a person who is licensed to practice hairstyling pursuant to this chapter.
11. 13. "Instructor" means a person who is licensed to teach cosmetology, aesthetics, nail technology or hairstyling, or any combination thereof, pursuant to this chapter.
12. 14. "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.
13. 15. "Nail technician" means a person who is licensed to practice nail technology pursuant to this chapter.
14. 16. "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.
15. 17. "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 on file with the board.
16. 18. "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.
17. 19. "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. 2. Section 32-504, Arizona Revised Statutes, is amended to read:
32-504. Powers and duties
A. The board shall:
1. Adopt rules that are necessary and proper for the administration of this chapter, including sanitary and safety requirements for salons and schools and sanitary and safety standards for the practice of cosmetology, aesthetics, nail technology and hairstyling.
2. Administer and enforce this chapter and rules adopted pursuant to this chapter.
3. Either prepare, administer and grade practical and written examinations or contract with a national professional organization for cosmetology selected by the board to prepare, administer and grade practical and written examinations.
4. Make and maintain a record of its acts and proceedings, including the issuance, denial, renewal, suspension or revocation of licenses and public reproofs of licensees.
5. Evidence its official acts by the signature of the chairman or vice-chairman vice chairman of the board or a representative designated by the board.
6. Keep records of the board open to public inspection at all reasonable times.
7. Make an annual report to the governor on or before October 1 of each year covering its official acts and financial transactions during the preceding fiscal year and making recommendations it deems necessary.
8. Prescribe minimum school curriculum requirements for cosmetologists, aestheticians, nail technicians, hairstylists and instructors.
9. Prescribe standards and requirements for the provision of salon services through mobile units and in customer locations.
10. Approve a cosmetologist as a mentor based on the cosmetologist's record of compliance with this chapter. The board may not condition the approval on the cosmetologist's payment of an additional fee or completion of an additional requirement.
B. The board may:
1. Inspect the premises of any salon or school during business hours.
2. Delegate authority to its executive director to issue licenses and registrations to applicants who meet the requirements of this chapter.
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 32-511 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. 4. Section 32-507, Arizona Revised Statutes, is amended to read:
32-507. Fees
A. The board shall establish and collect fees not to exceed the following:
1. Written examination, one hundred dollars $100.
2. Practical examination, one hundred dollars $100.
3. Application for initial personal license, a one-time onetime fee of eighty-three dollars $83.
4. Application for personal reciprocity license, a one-time onetime fee of one hundred fifty dollars $150.
5. Application for salon license, one hundred twelve dollars $112.
6. Application for school license, six hundred dollars $600.
7. Application for certification of licensure or hours, thirty dollars $30.
8. Personal license renewal, seventy-six dollars $76 to be paid once every two years pursuant to section 32-517 or 32-535.
9. Personal license delinquent renewal, sixty dollars $60.
10. Salon license renewal, fifty dollars $50.
11. Salon license delinquent renewal, eighty dollars $80.
12. School license renewal, five hundred dollars $500.
13. School license delinquent renewal, six hundred dollars $600.
14. Delinquent penalties for each year or portion of a year for which the license was inactive.
15. Computer printouts of names of licensees, twenty-five cents $.25 per name.
16. Duplicate license, thirty dollars $30.
17. Dishonored checks, twenty dollars $20.
18. Copying charges, one dollar $1 per page. For audiotapes, videotapes, computer discs or other mediums used for recording sounds, images or information, fifteen dollars $15 per tape, disc or other medium.
19. Board-administered educational classes, one hundred dollars $100.
20. Review of examination, fifty dollars $50.
21. Regrading of examinations, twenty-five dollars $25.
22. Service charges for persons who pay with alternative payment methods, including credit cards, charge cards, debit cards and electronic transfers, not to exceed the cost of the alternative payment method.
23. Eyelash technician registration, an amount to be determined by the board.
24. Eyelash technician registration renewal, an amount to be determined by the board.
25. Eyelash technician registration delinquent renewal, an amount to be determined by the board.
B. The board may charge additional fees for:
1. Documents and publications provided by the board.
2. Services that the board deems appropriate to carry out its intent and purpose. These additional fees shall not exceed the costs of rendering the services.
C. The board shall only issue a duplicate license on receipt of a written request that states the reason for the request for a duplicate license.
Sec. 5. Heading change
The article heading of title 32, chapter 2, article 2, Arizona Revised Statutes, is changed from "COSMETOLOGISTS, AESTHETICIANS, NAIL TECHNICIANS AND HAIRSTYLISTS" to "COSMETOLOGISTS, AESTHETICIANS, NAIL TECHNICIANS, HAIRSTYLISTS AND EYELASH TECHNICIANS".
Sec. 6. Title 32, chapter 5, article 2, Arizona Revised Statutes, is amended by adding section 32-519, to read:
32-519. Eyelash technicians; registration; renewal; registry
A. An eyelash technician must be registered by the board. A person is entitled to receive an eyelash technician registration if the person does all of the following:
1. Submits to the board an application for an eyelash technician registration 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 successfully completed at least thirty hours of training through a board-approved training program. The board-approved training program shall provide a provisional registration to the person verifying the successful completion of the training.
4. Pays the prescribed fees.
B. Except as provided in section 32-4301, an eyelash technician shall renew the person's registration on or before the person's birthday once every two years. An eyelash technician shall submit an application for renewal accompanied by the prescribed renewal fee to renew the person's registration. An eyelash technician who fails to renew the person's registration on or before the person's birthday shall also pay the prescribed delinquent renewal penalty to renew the registration.
C. The board shall maintain a current register of registered eyelash technicians who are in good standing with the board.
Sec. 7. Section 32-571, Arizona Revised Statutes, is amended to read:
32-571. Disciplinary action
The board may take any one or a combination of the following disciplinary actions:
1. Revoke a license or registration.
2. Suspend a license or registration.
3. Impose a civil penalty in an amount of not to exceed two thousand dollars more than $2,000.
4. Impose probation requirements best adapted to protect the public safety, health and welfare, including requirements for restitution payments to patrons.
5. Publicly reprove a licensee or registrant.
6. Issue a letter of concern.
Sec. 8. Section 32-572, Arizona Revised Statutes, is amended to read:
32-572. Grounds for disciplinary action or refusal to issue or renew license or registration; definition
A. The board may take disciplinary action or refuse to issue or renew a license or registration for any of the following causes:
1. Continued performance of cosmetology, aesthetics, nail technology, or hairstyling or eyelash extension services by a person knowingly having an infectious or communicable disease.
2. Conviction of a crime.
3. Commission of an act involving dishonesty, fraud or deceit with the intent to substantially benefit oneself or another or substantially injure another.
4. Malpractice or incompetency.
5. Knowingly advertising by means of false, misleading, deceptive or fraudulent statements through communication media.
6. Violating any provision of this chapter or any rule adopted pursuant to this chapter.
7. Making oral or written false statements to the board.
8. Repeated failure to correct infractions of safety and sanitary requirements prescribed by the board in its rules.
9. Failing to comply with an order of the board.
B. A conviction of a crime or act shall not be a cause of refusal to issue or renew a license or registration unless the crime or act is substantially related to the qualifications, functions or duties of the license or registration for which application is made.
C. The expiration, cancellation, suspension or revocation of a license or registration or a licensee's or registrant's voluntary surrender of a license or registration does not deprive the board of jurisdiction to do any of the following:
1. Proceed with an investigation of a licensee or registrant.
2. Proceed with an action or disciplinary proceeding against a licensee or registrant.
3. Suspend or revoke a license or registration.
4. Deny the renewal or right of renewal of a license or registration.
D. For the purposes of this section, "conviction" means a plea or verdict of guilty or a conviction following a plea of no contest.
Sec. 9. 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 or registration, 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 or registration there is sufficient evidence for the board to notify the licensee or registrant 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 or registrant's registration.
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 or registrant concerned. The interview shall be requested by the board in writing, stating the reasons for the interview and setting a date at least ten days 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 or registration issued pursuant to this chapter, imposition of a civil penalty or public reproof or if the licensee or registrant 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 or registrant who has been notified pursuant to subsection D of this section of charges pending against the licensee or registrant shall file with the board an answer in writing to the charges not more than thirty days after the licensee or registrant receives the complaint. If the licensee or registrant fails to answer in writing within this time, it is deemed an admission by the licensee or registrant 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 or registration issued pursuant to this chapter, imposition of a civil penalty or public reproof, 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 or registration there is sufficient evidence for the board to notify the licensee or registrant 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 or registrant's registration.
3. Impose probation requirements.
G. If a licensee or registrant violates this chapter or a rule adopted pursuant to this chapter, the board may assess the licensee or registrant 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 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. 10. 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 or personal services related to eyelash extensions without a license or registration in that category issued pursuant to this chapter, or practice in a category in which the person does not hold a license or registration.
2. Display a sign or in any way advertise or hold oneself out as a cosmetologist, aesthetician, nail technician, or hairstylist or eyelash technician or as being engaged in the practice or business of cosmetology, aesthetics, nail technology, or hairstyling or eyelash extensions without being licensed or registered pursuant to this chapter.
3. Knowingly make a false statement on an application for a license or registration pursuant to this chapter.
4. Allow an employee or another person under the person's supervision or control to perform cosmetology, aesthetics, nail technology, or hairstyling or personal services related to eyelash extensions without a license issued pursuant to this chapter.
5. Practice or attempt to practice cosmetology, aesthetics, nail technology, or hairstyling or personal services related to eyelash extensions in any place other than in a salon licensed 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 or registered pursuant to this chapter may practice, without the salon's request, cosmetology, aesthetics, nail technology, or hairstyling or personal services related to eyelash extensions 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 or registration by the use of 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 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" or "eyelash technician" in any advertisement, statement or publication unless that person is licensed or registered 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 instructing students.
C. A person who violates this section is guilty of a class 1 misdemeanor.