ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: GOV DPA/SE 7-0-0-2

HB 2168: technical correction; conservation easements; applicability

NOW: barbering; cosmetology; conforming legislation

Sponsor: Representative Dunn, LD 25

House Engrossed

Overview

Modifies statutes relating to barbering and cosmetology.

History

Laws 2021, Chapter 334 consolidated the Boards of Cosmetology and Barbering into one board. 

Current law outlines the powers and duties of the Barbering and Cosmetology Board (Board).  Some of the 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).

Provisions

1.   Repeals statute relating to barbers and adds barbers to statute relating to cosmetology.

2.   Deletes references to salons and replaces with establishments.  

3.   Removes an instructor who is a supervisor of examinations and examiners who are related to barbering and cosmetology from the people the Board may employ. (Sec. 5)

4.   Adds that the Board must adopt rules necessary for mobile facility requirements. (Sec. 6)

5.   Includes barbering, aesthetics, hair styling and nail technology in the requirements for the Board to administer examinations. (Sec. 6)

6.   Establishes that the Board must additionally make and maintain records of registrations and registrants. (Sec. 6)

7.   Deletes the requirement that the Board make an annual report to the Governor covering its official acts and financial transactions. (Sec. 6)

8.   Adds aestheticians, barbers, hairstylists and nail technicians to the requirement for the Board to approve a mentor based on the licensee's record of compliance. (Sec. 6)

9.   Provides that cosmetology statutes do not apply to:

a)   people performing services without compensation in either an emergency or a domestic administration; and

b)   people performing barbering, cosmetology, hairstyling or nail technology services in a funeral establishment. (Sec. 7)

10.  Modifies fees that the Board must establish and collect. (Sec. 8)

11.  Removes the requirement for the Board to issue a duplicate license upon written request. (Sec. 8)

12.  Outlines application requirements for a barber license. (Sec. 9)

13.  Specifies that an applicant for a barber license who has a cosmetologist or hairstylist license must complete a 200-hour course consisting of barbering techniques in a school licensed by the Board. (Sec. 9)

14.  Allows an applicant reciprocity if the person holds a valid license or authorizing document to practice aesthetics, barbering, cosmetology, hair styling or nail technology issued by another country if:

a)   the applicant is lawfully present in the United States under federal law;

b)   the applicant has proof that they have one year of experience;

c) the Board determines the applicant is proficient;

d)   the applicant passes the practical examinations in their profession; and

e)   the applicant takes and completes an infection prevention class provided by the Board. (Sec. 10)

15.  Deletes specific requirements for an aesthetician or cosmetologist who performs cosmetic laser procedures and procedures using IPL devices. (Sec. 12)

16.  Stipulates that a barber, cosmetologist, aesthetician, nail technician or a hairstylist must pay the prescribed renewal fee and comply with other requirements in order to renew their license. (Sec. 13)

17.  Modifies the time period for a license to be inactive before it is automatically suspended from ten years to five years. (Sec. 14, 17)

18.  Specifies that a person is entitled to receive a license to teach or reciprocity for teaching if they are at least 19 years old, rather than 16, and holds a high school diploma or equivalent. (Sec. 15, 16)

19.  Removes the option of an instructor to be at least 18 years old. (Sec. 15, 16)

20.  Includes 350 hours of instructor training for a barbering instructor before receiving an instructor license. (Sec. 15)

21.  Adds the following requirements for a person to be entitled to receive a license to teach or reciprocity for teaching:

a)   pass both a written and practical examination; and

b)   complete the infection prevention, sanitation and law review class provided by the Board. (Sec. 15, 16)

22.  Allows an applicant for an instructor license to appeal the Board's denial. (Sec. 15)

23.  Requires an applicant for an instructor license who has appealed the Board's denial to be granted a hearing on request before the Board at its next regular meeting after receipt of the request. (Sec. 15)

24.  Establishes that the burden of proof is on the applicant to demonstrate that the alleged deficiencies do not exist at a hearing granted for an applicant who appeals the Board's denial of an instructor license. (Sec. 15)

25.  Includes the current registration for eyelash technicians practicing in an establishment and barber licenses to be displayed in a conspicuous location. (Sec. 22)

26.  Directs an establishment, within 10 days of change of ownership or location, to file a new application, notify the Board in writing and pay the prescribed fee. (Sec. 24)

27.  Adds the following requirements to receive a license to operate a school:

a)   a course of instruction in a licensed school that teaches barbering must consist of at least 1,200 hours of instruction and outlines what must be included in the course of instruction;

b)   a licensed school must be operated under the general supervision of a licensed instructor;

c) students may not teach other students; and

d)   a school that holds a license in barbering and a license in cosmetology may offer courses on both cosmetology and barbering if an instructor licensed pursuant to requirements for cosmetology and barbering teach the respective subjects. (Sec. 25)

28.  Specifies that the required notice on a school that offers services for the public must also include a statement that the work is done under the direct supervision of a licensed instructor. (Sec. 27)

29.  Allows a student who wishes to transfer from one school to another to apply to another school of their choice, rather than apply for transfer on a form prescribed by the Board. (Sec. 28)

30.  Directs the transferring school to provide the student with a completion form documenting the hours and courses successfully complete and mandates the form include the following:

a)   the name, address and license number of the school; and

b)   the student's dates of attendance. (Sec. 28)

31.  Mandates each establishment to be licensed by the Board and have an individual designated as the manager of the establishment. (Sec. 30)

32.  Stipulates that a school must clearly indicate to the public that all services are performed by students under the direct supervision of a licensed instructor. (Sec. 30)

33.  Appropriates $200,000 from the Barbering and Cosmetology Fund in FY 2025 and FY 2026 to the Board for information technology development. (Sec. 35)

34.  Appropriates $298,250 and four FTE positions from the Barbering and Cosmetology Fund in FY 2025 to the Board to enforce statute. (Sec. 35)

35.  Specifies that the appropriations are exempt from statute relating to the lapsing of appropriations. (Sec. 35)

36.  Removes the definition of salon. (Sec. 4)

37.  Modifies the definitions of the following:

a)   barbering;

b)   instructor;

c) mentor. (Sec. 4)

38.  ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteDefines barber and establishment. (Sec. 4)

39.  Makes technical and conforming changes. (Sec. 1, 4-8, 10-34)

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43.                    HB 2168

44.  Initials SJ Page 0 House Engrossed

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