HB2168 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 11-811, Arizona Revised Statutes, is amended to read:

START_STATUTE11-811. Zoning ordinance; zoning districts; definitions

A. Pursuant to this article, the board of supervisors may adopt a zoning ordinance in order to conserve and promote the public health, safety, convenience and general welfare. The zoning ordinance and all rezonings and zoning regulations amendments adopted under this article shall be consistent with and conform to the adopted comprehensive plan. In addition to the other matters that are required or authorized under this section and article 1 of this chapter, the zoning ordinance:

1. Shall show the zoning districts designated as appropriate for various classes of residential, business and industrial uses and shall provide for the establishment of setback lines and other plans providing for adequate light, air and parking facilities and for expediting traffic within the districts.

2. May establish the percentage of a lot or parcel that may be covered by buildings and the size of yards, courts and other open spaces.

3. Shall consider access to incident solar energy.

4. May provide for retirement community zoning districts.

5. May provide for the regulation and use of business licenses, adult oriented business manager permits and adult service provider permits in conjunction with the establishment or operation of adult oriented businesses and facilities, including adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments and nude model studios. With respect to cabarets, the ordinance shall not conflict with specific statutory or valid regulatory requirements applicable to persons licensed to dispense alcoholic beverages, but the ordinance may include regulation of the age and conduct of erotic entertainers in a manner at least as restrictive as rules adopted under title 4. Notwithstanding section 11-812, a county in regulating or licensing businesses and facilities pursuant to this paragraph may impose reasonable operating requirements that affect the existing uses of businesses and facilities.

6. Shall designate and zone appropriate areas of reasonable size in which there may be established with reasonable permanency canneries, fertilizer plants, refineries, commercial feedlots, meat packing plants, tallow works and other like businesses. A dairy operation, including areas designated for the raising of replacement heifers or bulls owned by the same dairy operation, is not subject to this paragraph, and is a general agricultural purpose under subsection D, paragraph 2 of this section and section 11-812, subsection A, paragraph 2. A replacement heifer or bull raising operation of a dairy that is not on contiguous property of the dairy is subject to this paragraph unless the operation begins within one-quarter mile of the dairy.

B. To carry out the purposes of this article, the board may adopt overlay zoning districts and regulations applicable to particular buildings, structures and land within individual zones. For the purposes of this subsection, "overlay zoning district" means a special zoning district that includes regulations that modify regulations in another zoning district with which the overlay zoning district is combined. Overlay zoning districts and regulations shall be adopted pursuant to section 11-813. The provisions of overlay zoning shall apply retroactively to authorize overlay zoning districts and regulations adopted before April 20, 1993.

C. In accordance with article II, sections 1 and 2, Constitution of Arizona, the board shall consider the individual property rights and personal liberties of the residents of the county before adopting any zoning ordinance.

D. This section does not authorize:

1. The imposition of dedications, exactions, fees or other requirements that are not otherwise authorized by law.

2. The regulation or restriction of the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, if the tract concerned is five or more contiguous commercial acres. For the purposes of this paragraph, general agricultural purposes do not include the cultivation of cannabis as defined in section 13-3401 or marijuana as defined in section 13-3401 or 36-2801.

E. For the purposes of this section:

1. "Adult arcade" means any place to which the public is permitted allowed or invited and in which coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing image-producing devices are maintained to show images involving specific sexual activities or specific anatomical areas to persons in booths or viewing rooms.

2. "Adult bookstore or video store" means a commercial establishment that offers for sale or rent any of the following as one of its principal business purposes:

(a) Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes or reproductions or slides or other visual representations that depict or describe specific sexual activities or specific anatomical areas.

(b) Instruments, devices or paraphernalia that are designed for use in connection with specific sexual activities.

3. "Adult live entertainment establishment" means an establishment that features either:

(a) Persons who appear in a state of nudity.

(b) Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.

4. "Adult motion picture theater" means a commercial establishment in which for any form of consideration films, motion pictures, videocassettes, slides or other similar photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas are predominantly shown.

5. "Adult oriented business" means adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments that offer adult service or nude model studios.

6. "Adult oriented business manager" means a person on the premises of an adult oriented business who is authorized to exercise overall operational control of the business.

7. "Adult service" means dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening or other performances or activities conducted for any consideration in an adult oriented business by a person who is nude or seminude during all or part of the time that the person is providing the service.

8. "Adult service provider" or "erotic entertainer" means any natural person who provides an adult service.

9. "Adult theater" means a theater, concert hall, auditorium or similar commercial establishment that predominantly features persons who appear in a state of nudity or who engage in live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.

10. "Cabaret" means an adult oriented business licensed to provide alcoholic beverages pursuant to title 4, chapter 2, article 1.

11. "Discernibly turgid state" means the state of being visibly swollen, bloated, inflated or distended.

12. "Massage establishment" means an establishment in which a person, firm, association or corporation engages in or permits massage activities, including any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. This paragraph does not apply to:

(a) Persons who are licensed pursuant to title 32, chapter 7, 8, 13, 14 or 17.

(b) Registered nurses, licensed practical nurses or technicians who are acting under the supervision of a physician who is licensed pursuant to title 32, chapter 13 or 17.

(d) Persons who are employed or acting as trainers for a bona fide amateur, semiprofessional or professional athlete or athletic team.

(e) Persons who are licensed pursuant to title 32, chapter 3 or 5 if the activity is limited to the head, face or neck.

13. "Nude model studio" means a place in which a person who appears in a state of nudity or who displays specific anatomical areas is observed, sketched, drawn, painted, sculptured, photographed or otherwise depicted by other persons who pay money or other consideration. Nude model studio does not include a proprietary school that is licensed by this state, a college, community college or university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college or university that is supported entirely or in part by taxation or a structure to which the following apply:

(a) A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing.

(b) A student must enroll at least three days in advance of a class in order to participate.

14. "Nude", "nudity" or "state of nudity" means any of the following:

(a) The appearance of a human anus, genitals or a female breast below a point immediately above the top of the areola.

(b) A state of dress that fails to opaquely cover a human anus, genitals or a female breast below a point immediately above the top of the areola.

15. "Principal business purposes" means that a commercial establishment derives fifty percent or more of its gross income from the sale or rental of items listed in paragraph 2 of this subsection.

16. "Seminude" means a state of dress in which clothing covers no more than the genitals, pubic region and female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices.

17. "Specific anatomical areas" means any of the following:

(a) A human anus, genitals, the pubic region or a female breast below a point immediately above the top of the areola that is less than completely and opaquely covered.

(b) Male genitals in a discernibly turgid state even if completely and opaquely covered.

18. "Specific sexual activities" means any of the following:

(a) Human genitals in a state of sexual stimulation or arousal.

(b) Sex acts, normal or perverted, actual or simulated, including acts of human masturbation, sexual intercourse, oral copulation or sodomy.

(d) Excretory functions as part of or in connection with any of the activities under subdivision (a), (b) or (c) of this paragraph. END_STATUTE

Sec. 2. Repeal

Title 32, chapter 3, Arizona Revised Statutes, is repealed.

Sec. 3. Heading change

A. The chapter heading of title 32, chapter 5, Arizona Revised Statutes, is changed from "COSMETOLOGY" to "BARBERING AND COSMETOLOGY".

B. The article heading of title 32, chapter 5, article 2, Arizona Revised Statutes, is changed from "Cosmetologists, Aestheticians, Nail Technicians, Hairstylists and Eyelash Technicians" to "Barbering and Cosmetology Professionals".

Sec. 4. Section 32-501, Arizona Revised Statutes, is amended to read:

START_STATUTE32-501. Definitions

In this chapter, unless the context otherwise requires:

1. "Aesthetician" :

(a) means a person who is licensed to practice skin care aesthetics 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.

3. "Barber" means a person who is licensed to practice barbering pursuant to this chapter.

3. 4. "Barbering" has the same meaning prescribed in section 32-301. means any one or a combination of the following practices if they are performed on a person's head, face, neck or shoulders for cosmetic purposes:

(a) Cutting, clipping or trimming hair.

(b) 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.

(c) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, singeing, bleaching, dyeing, tinting, coloring or similarly treating hair.

(d) Providing hair attachments, extensions, hairpieces and wigs when performed by a barber.

(e) Shaving or trimming a beard.

(f) Providing skin care, including facials, corrective treatments, blackhead and acne removal and masks and treatment creams.

(g) Removing unwanted hair by means other than electrolysis or threading.

4. 5. "Board" means the barbering and cosmetology board.

5. 6. "Cosmetic purposes" means for the purpose of beautifying, preserving or conferring comeliness, excluding therapeutic massage and manipulations.

6. 7. "Cosmetologist" means a person who is licensed to practice cosmetology pursuant to this chapter.

7. 8. "Cosmetology" :

(a) means any one or a combination of the following practices if they are performed for cosmetic purposes:

(i) (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.

(ii) (b) Arching eyebrows or tinting eyebrows and eyelashes.

(iii) (c) Removing superfluous hair by means other than electrolysis or threading.

(iv) (d) Nail technology.

(v) (e) Hairstyling.

(b) Does not include performing personal services related to eyelash extensions.

8. 9. "Electrical appliances" means devices that use electrical current and includes lasers and IPL devices as defined in section 32-516.

10. "Establishment" means any of the following:

(a) An establishment or shop that is operated for the purpose of engaging in the practice of barbering, cosmetology, aesthetics, nail technology, hairstyling or eyelash extensions or any combination of the practices listed in this subdivision.

(b) An establishment or shop together with a retrofitted motor vehicle that is used exclusively as a mobile facility for the purpose of engaging in the practice of barbering, cosmetology, aesthetics, nail technology or hairstyling or any combination of the practices listed in this subdivision and 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 barbering, cosmetology, aesthetics, nail technology or hairstyling or any combination of the practices listed in this subdivision and that is operated and dispatched from a business that has a physical street address on file with the board.

9. 11. "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. 12. "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.

11. 13. "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.

12. 14. "Hairstylist" means a person who is licensed to practice hairstyling pursuant to this chapter.

13. 15. "Instructor" means a person who is licensed to teach barbering, cosmetology, aesthetics, nail technology or hairstyling, or any combination thereof of these practices, pursuant to this chapter.

14. 16. "Mentor" means a cosmetologist, aesthetician, barber, hairstylist or nail technician who is approved by the board to train a person in a department of economic security-approved apprenticeship program in cosmetology or barbering in an establishment that is licensed by the board.

15. 17. "Nail technician" means a person who is licensed to practice nail technology pursuant to this chapter.

16. 18. "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.

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.

18. 19. "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 these practices.

19. 20. "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.END_STATUTE

Sec. 5. Section 32-503, Arizona Revised Statutes, is amended to read:

START_STATUTE32-503. Organization; meetings; personnel; compensation

A. The board shall annually elect a chairman chairperson, vice chairman chairperson and secretary-treasurer from among its membership.

B. The board shall hold at least one regular meeting monthly and may hold other meetings at times and places it designates.

C. Subject to title 41, chapter 4, article 4, the board may employ the following personnel as it deems necessary to carry out the purposes of this chapter and chapter 3 of this title and designate their duties:

1. An executive director.

2. A supervisor of examinations who is an instructor licensed pursuant to this chapter or chapter 3 of this title and who has worked at least two of the five years immediately preceding employment as an instructor in a school licensed pursuant to this chapter.

3. Examiners who are not employed as instructors in any school licensed pursuant to this chapter or chapter 3 of this title.

4. 2. Persons to provide investigative, professional and clerical assistance.

5. 3. Consultants to assist the board in performing its duties.

6. 4. Other personnel.

D. Members of the board are eligible to receive compensation as determined pursuant to section 38-611 for each day of actual service in the business of the board. The board shall compensate its executive director and other personnel as determined pursuant to section 38-611. END_STATUTE

Sec. 6. Section 32-504, Arizona Revised Statutes, is amended to read:

START_STATUTE32-504. Powers and duties

A. The board shall:

1. Adopt rules that are necessary and proper for the administration of to administer this chapter, including:

(a) Sanitary and safety requirements for salons establishments and schools. And

(b) Sanitary and safety standards for the practice practices of barbering, 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 aesthetics, barbering, cosmetology, hairstyling and nail technology that is 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 registrations and public reproofs of licensees and registrants.

5. Evidence its official acts by the signature of the chairman chairperson or vice chairman chairperson 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. 7. Prescribe minimum school curriculum requirements for barbers, cosmetologists, aestheticians, nail technicians, hairstylists and instructors.

9. 8. Prescribe standards and requirements for the provision of salon establishment services through mobile units facilities and in customer locations.

10. 9. Approve an aesthetician, a barber, a cosmetologist, a hairstylist or a nail technician as a mentor based on the cosmetologist's licensee's record of compliance with this chapter. The board may not condition the approval on the cosmetologist's licensee's payment of an additional fee or completion of an additional requirement.

B. The board may:

1. Inspect the premises of any salon establishment 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.END_STATUTE

Sec. 7. Section 32-506, Arizona Revised Statutes, is amended to read:

START_STATUTE32-506. 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 of this title or who work in a profession that is regulated under chapter 12 of this title.

4. Students who are attending schools licensed 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 barber, 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 as described in section 32-510, 32-511, 32-512, or 32-512.01 or 32-512.02 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 perform services without compensation in either:

(a) An emergency.

(b) A domestic administration.

20. Persons who perform barbering, cosmetology, hairstyling or nail technology services in a funeral establishment as defined in section 32-1301. END_STATUTE

Sec. 8. Section 32-507, Arizona Revised Statutes, is amended to read:

START_STATUTE32-507. Fees

A. The board shall establish and collect fees not to exceed the following:

1. Written examination, $100.

2. Practical examination, $100.

3. 1. Application for initial personal license, a onetime fee of $83 $100.

4. 2. Application for personal reciprocity or universal license, a onetime fee of $150 $200.

5. 3. Application for salon establishment license, including change of ownership, $112 $250.

6. 4. Application for school license and initial inspection fee, including change of ownership and change of location, $600 $1,000.

7. 5. Application for certification of licensure or hours, $30.

8. 6. Personal license renewal, $76 $100 to be paid once every two years pursuant to section 32-517 or 32-535.

9. 7. Personal license delinquent renewal, $60 $150.

8. Establishment license after a change of location, $150.

10. 9. Salon Establishment license renewal, $50 $100.

11. 10. Salon Establishment license delinquent renewal, $80 $150.

12. 11. School license renewal, $500.

13. 12. School license delinquent renewal, $600.

14. 13. Delinquent penalties for each year or portion of a year for which the license was inactive.

15. 14. Computer printouts of names of licensees, $.25 up to $.10 per name.

16. 15. Duplicate license, $30.

17. 16. Dishonored checks, $20.

18. 17. Copying charges, $1 per page. For audiotapes, videotapes, computer discs or other mediums used for recording sounds, images or information, $15 per tape, disc or other medium.

19. 18. Board-administered educational classes, $100.

20. Review of examination, $50.

21. Regrading of examinations, $25.

22. 19. 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. 20. Eyelash technician registration, an amount to be determined by the board.

24. 21. Eyelash technician registration renewal, an amount to be determined by the board.

25. 22. 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. END_STATUTE

Sec. 9. Title 32, chapter 5, article 2, Arizona Revised Statutes, is amended by adding section 32-512.02, to read:

START_STATUTE32-512.02. Barbers; applications; qualifications

A. An applicant for a barber license shall file with the board A written application on a form prescribed by the board.

B. An applicant for a barber license shall meet all of the following:

1. Do either of the following:

(a) complete and receive appropriate credits for at least two years of high school education or the equivalent as prescribed by the board in its rules and submit satisfactory evidence that the applicant is at least sixteen years of age.

(b) Submit to the board satisfactory evidence that the applicant is at least eighteen years of age.

2. Submit to the board satisfactory evidence that the applicant meets any of the following:

(a) Is a graduate of a barbering course consisting of at least one thousand two hundred hours of training in a school licensed by the board.

(b) Is a graduate of a barbering school in another state or country that at the time of the applicant's graduation had substantially the same requirements as this state for schools that are licensed by the board.

(c) Completed a united states department of labor-approved or a department of economic security-approved apprenticeship program in barbering that includes at least two hundred fifty hours of infection protection and law review instruction. The applicant shall complete the instruction prescribed by this subdivision through either:

(i) a school that is licensed pursuant to this chapter 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.

3. Pass the examinations for a barber license.

4. Pay the fees prescribed in section 32-507.

C. Notwithstanding subsection B, paragraph 2 of this section, an applicant for a barber license who holds a cosmetologist license or a hairstylist license issued pursuant to this chapter shall complete a two hundred hour course consisting of barbering techniques in a school licensed by the board.END_STATUTE

Sec. 10. Section 32-513, Arizona Revised Statutes, is amended to read:

START_STATUTE32-513. Reciprocity

Notwithstanding sections 32-510, 32-511, 32-512, and 32-512.01 and 32-512.02, a person is entitled to receive a barber, cosmetologist, aesthetician, nail technician or hairstylist license if the person does all of the following:

1. Submits to the board an application for a barber, cosmetologist, aesthetician, nail technician or hairstylist license on a form supplied by the board.

2. Submits to the board satisfactory evidence that the person is licensed in another state or country.

3. Takes and completes a class relating to infection protection and law review that is provided by the board or its designee. The board shall determine the amount of the fees for the class. The applicant shall pay the fees directly to the board or its designee.

4. Pays the prescribed reciprocity license fees.END_STATUTE

Sec. 11. Section 32-514, Arizona Revised Statutes, is amended to read:

START_STATUTE32-514. Examinations

A. The board or a national professional organization for barbering or cosmetology, or both, that is selected by the board shall administer written and practical examinations for a barber, cosmetologist, aesthetician, nail technician, hairstylist or instructor license. The examinations shall test for requisite knowledge and skills in the technical application of barbering and cosmetology services. An applicant may take an examination before the applicant has completed the required hours of course instruction prescribed by this article, but the applicant must complete the required hours of course instruction before licensure.

B. The board or a national professional organization for barbering or cosmetology, or both, that is selected by the board shall inform each applicant of the examination results.

C. The board shall make an accurate record of each examination. END_STATUTE

Sec. 12. Section 32-516, Arizona Revised Statutes, is amended to read:

START_STATUTE32-516. Aestheticians; cosmetologists; cosmetic laser and IPL device use; certification; definitions

A. An aesthetician or a cosmetologist who wishes to perform cosmetic laser procedures and procedures using IPL devices must:

1. Apply for and receive a certificate from the department.

2. Comply with the requirements of this section and department rules.

3. Successfully complete forty hours of didactic training as required by department rules at a department-certified training program. The program shall provide a provisional certificate to the applicant verifying the successful completion of the didactic training.

4. For hair removal, complete hands-on training that is supervised by a health professional who is acting within the health professional's scope of practice or by a laser technician who has a minimum of one hundred hours of hands-on experience per procedure. The health professional or laser technician must be present in the room during twenty-four hours of hands-on use of lasers or IPL devices. The supervising health professional or laser technician shall verify that the aesthetician or cosmetologist has completed the training and supervision as prescribed by this section.

5. For other cosmetic laser and IPL device procedures, complete a minimum of an additional twenty-four hours of hands-on training of at least ten cosmetic procedures for each type of specific procedure that is supervised by a health professional who is acting within the health professional's scope of practice or by a laser technician who has a minimum of one hundred hours of hands-on experience per procedure. The health professional or laser technician must be present in the room during twenty-four hours of hands-on use of lasers or IPL devices. The supervising health professional or laser technician shall verify that the aesthetician or cosmetologist has completed the training and supervision as prescribed by this section.

6. Submit to the department the provisional certificate from the training program and certification by the health professional or laser technician who directly supervised the applicant in the room during the hands-on training.

B. The department shall issue a laser technician certificate authorizing the aesthetician or cosmetologist to use lasers and IPL devices if the applicant has completed the training for hair removal or lasers and IPL devices for other cosmetic procedures, as applicable, and shall maintain a current register of those laser technicians in good standing and whether certification is for hair removal only or other cosmetic procedures as well. The department may establish a fee for the registration of aestheticians or cosmetologists as laser technicians and the issuance of certificates pursuant to this subsection. The department shall deposit monies collected pursuant to this subsection in the laser safety fund established by section 32-3234.

C. B. An aesthetician or a cosmetologist who has been certified as a laser technician by the department may use a laser or IPL device. :

1. For hair removal under the indirect supervision of a health professional whose scope of practice permits the supervision.

2. For cosmetic purposes other than hair removal if the aesthetician or cosmetologist is directly supervised by a health professional whose scope of practice permits the supervision and the aesthetician or cosmetologist has been certified in those procedures.

D. The board shall investigate any complaint from the public or from another board or agency regarding a licensed aesthetician or cosmetologist who performs cosmetic laser procedures or procedures using IPL devices pursuant to this section. The board shall report to the department any complaint it receives about the training or performance of an aesthetician or a cosmetologist who is certified as a laser technician.

E. C. An aesthetician or a cosmetologist who used laser and IPL devices before November 24, 2009 may continue to do so if the aesthetician or cosmetologist received a certificate pursuant to this section before October 1, 2010.

F. D. For the purposes of this section:

1. "Department" means the department of health services.

2. "Directly supervised" means a health professional who is licensed in this state and whose scope of practice allows the supervision supervises the use of a laser or IPL device for cosmetic purposes while the health professional is present at the facility where and when the device is being used.

3. "Health professional" means a person who is licensed pursuant to either:

(a) Chapter 11, article 2 of this title and who specializes in oral and maxillofacial surgery.

(b) Chapter 13, 14, 15, 17 or 25 of this title.

4. "Indirect supervision" means supervision by a health professional who is licensed in this state, whose scope of practice allows the supervision and who is readily accessible by telecommunication.

5. 2. "IPL device" means an intense pulse light class II surgical device certified in accordance with the standards of the department for cosmetic procedures.

6. 3. "Laser" means any device that can produce or amplify electromagnetic radiation with wavelengths in the range of one hundred eighty nanometers to one millimeter primarily by the process of controlled stimulated emission and certified in accordance with the standards for the department for cosmetic procedures.

7. 4. "Laser technician" means a person who is or has been certified by the department pursuant to its rules and chapter 32, article 2 of this title. END_STATUTE

Sec. 13. Section 32-517, Arizona Revised Statutes, is amended to read:

START_STATUTE32-517. License renewal

A. Except as provided in section 32-4301, a barber, a cosmetologist, an aesthetician, a nail technician or a hairstylist shall renew the person's license on or before the person's birthday once every two years.

B. A barber, a cosmetologist, an aesthetician, a nail technician or a hairstylist shall submit an application for renewal accompanied by pay the prescribed renewal fee in order and comply with requirements prescribed in this chapter to renew the person's license.

C. A barber, a cosmetologist, an aesthetician, a nail technician or a hairstylist who fails to renew the person's license on or before the person's birthday shall also pay the prescribed delinquent renewal penalty in order to renew the license. END_STATUTE

Sec. 14. Section 32-518, Arizona Revised Statutes, is amended to read:

START_STATUTE32-518. Inactive licenses; reactivation; suspension

A. A license that is not renewed pursuant to section 32-517 automatically reverts to inactive status.

B. A licensee may reactivate an inactive license:

1. If a license has been inactive for less than one year, by paying the prescribed delinquent renewal penalty.

2. If a license has been inactive for one year or more but less than ten five years, by paying the prescribed delinquent renewal penalty and submitting proof of satisfying educational requirements prescribed by the board in its rules.

C. A license that has been inactive for ten five years is automatically suspended.

D. A licensee shall not practice under an inactive license.END_STATUTE

Sec. 15. Section 32-519, Arizona Revised Statutes, is amended to read:

START_STATUTE32-519. Eyelash technicians; registration; renewal; register; exception

A. Except as provided in subsection D of this section, 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 a board-approved training program. The board shall require no not more than thirty hours of training. A training program shall is not be required to be licensed as a school by the board to be approved. The board-approved training program shall provide a provisional registration to the person verifying the successful completion of the training. Any person who satisfactorily demonstrates training received prior to before October 30, 2023 shall be is eligible for registration.

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 to the board 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.

D. An aesthetician or cosmetologist may perform eyelash extensions without registering as an eyelash technician pursuant to this section.END_STATUTE

Sec. 16. Section 32-531, Arizona Revised Statutes, is amended to read:

START_STATUTE32-531. Instructors; applications; qualifications; denial; hearing

A. A person is entitled to receive a license to teach barbering, cosmetology, aesthetics, nail technology or hairstyling in a school if the person does meets all of the following:

1. Submits to the board an application for an instructor license on a form prescribed by the board.

2. Either:

(a) Holds a diploma from a high school 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. Is a licensed barber, cosmetologist, aesthetician, nail technician or hairstylist, is applying for an instructor license to teach a subject in which the person is licensed, and has practiced for at least one year in the profession for which the person is applying for an instructor license and has received the following hours of instructor training:

(a) For a cosmetologist instructor, three hundred fifty hours.

(b) For an aesthetics instructor, three hundred fifty hours.

(d) For a hairstylist instructor, three hundred fifty hours.

(e) For a barbering instructor, three hundred fifty hours.

4. Passes the a written examination and a practical examination for an instructor license.

5. Pays the prescribed fees.

6. Completes an infection prevention, sanitation and law review class provided by the board.

B. An applicant may appeal the board's denial of an instructor license by requesting a hearing. The hearing shall be before the board at its next regular meeting that follows the board's receipt of the request. At the hearing the burden of proof is on the applicant to demonstrate that the alleged deficiencies that are the basis of the denial do not exist. END_STATUTE

Sec. 17. Section 32-532, Arizona Revised Statutes, is amended to read:

START_STATUTE32-532. Instructors; license reciprocity

Notwithstanding section 32-531, a person is entitled to receive a license to teach barbering, cosmetology, aesthetics, nail technology or hairstyling in a school if the person submits to the board an application for an instructor license on a form prescribed by the board, pays the prescribed fees and complies with meets one of the following:

1. Is a current licensed barbering instructor, cosmetology instructor, aesthetics instructor, nail technology instructor or hairstyling instructor in another state or country.

2. Is a current licensed barber, cosmetologist, aesthetician, nail technician or hairstylist in another state or country and has at least one year of instructor experience in the other state or country in barbering, cosmetology, aesthetics, nail technology or hairstyling, or any combination thereof of these practices.

3. Does Meets all of the following:

(a) Either:

(i) Submits to the board satisfactory evidence that the person is at least eighteen years of age.

(ii) Holds a diploma from a high school 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) Is a licensed barber, cosmetologist, aesthetician, nail technician or hairstylist in another state or country.

(c) Completes instructor training in another state or country that has instructor education requirements that are at least substantially equivalent to those of this state.

(d) Passes the a written examination and a practical examination for an instructor license.

(e) Has five years of licensed industry experience within the ten years preceding application.

(f) Meets requirements as prescribed by the board in its rules.

(g) Completes an infection prevention, sanitation and law review class provided by the board. END_STATUTE

Sec. 18. Section 32-536, Arizona Revised Statutes, is amended to read:

START_STATUTE32-536. Instructor practice; instruction

A. An instructor may practice in the category of practice he in which the instructor is licensed to practice in a salon an establishment that is licensed pursuant to this chapter.

B. An instructor shall teach only in the area he in which the instructor is licensed by the board to teach. END_STATUTE

Sec. 19. Section 32-537, Arizona Revised Statutes, is amended to read:

START_STATUTE32-537. Instructors; inactive licenses; reactivation; suspension

A. An instructor license that is not renewed pursuant to section 32-535 automatically reverts to inactive status.

B. A licensee may reactivate an inactive license:

1. If a license has been inactive for less than one year, by paying the prescribed delinquent renewal penalty.

C. A license that has been inactive for ten five years is automatically suspended.

D. A licensee shall not practice under an inactive license. END_STATUTE

Sec. 20. Heading change

The article heading of title 32, chapter 5, article 4, Arizona Revised Statutes, is changed from "salons" to "establishments".

Sec. 21. Section 32-541, Arizona Revised Statutes, is amended to read:

START_STATUTE32-541. Establishment licenses; requirements

A. A person is entitled to receive a license to operate a salon an establishment if the person:

1. Submits to the board an application for a salon an establishment license on a form supplied by the board.

2. Pays the prescribed fee.

B. The safety and sanitary requirements specified by the board in its rules shall be requirements while a salon an establishment is operating.

C. Each salon establishment shall have an individual designated as the manager of the salon establishment. END_STATUTE

Sec. 22. Section 32-542, Arizona Revised Statutes, is amended to read:

START_STATUTE32-542. Establishment inspections

The board shall inspect salons establishments on a regular basis as it deems necessary. END_STATUTE

Sec. 23. Section 32-543, Arizona Revised Statutes, is amended to read:

START_STATUTE32-543. Required display; licenses; inspection sheet

Salons Each establishment shall display the following in a conspicuous location that is readily observable by any patron:

1. The current salon establishment license.

2. The current licenses license for cosmetologists, aestheticians, nail technicians or hairstylists each barber, cosmetologist, aesthetician, nail technician or hairstylist who is practicing in the salon establishment.

3. The current registration for each eyelash technician who is practicing in the establishment.

3. 4. The latest inspection sheet for the establishment.END_STATUTE

Sec. 24. Section 32-544, Arizona Revised Statutes, is amended to read:

START_STATUTE32-544. Establishment license renewal

A. Except as provided in section 32-4301, a salon an establishment license is renewable each year on or before the anniversary date of the first license by meeting all the requirements for a salon an establishment license and paying the prescribed renewal fee.

B. A salon An establishment owner who fails to renew the owner's salon establishment license each year by on or before the anniversary date of the license shall apply pursuant to section 32-541 and pay the prescribed fee and delinquent renewal penalty.END_STATUTE

Sec. 25. Section 32-545, Arizona Revised Statutes, is amended to read:

START_STATUTE32-545. Change of ownership or location; change of trade name; board notification

A. A salon An establishment shall not change from the name of one licensee to another or from one location to another or change its trade name without filing a new application and paying the prescribed fee.

B. A salon owner shall notify the board in writing Within ten days after any change of ownership of the salon establishment or change in the salon's establishment's location, or trade name the establishment owner shall notify the board in writing, file a new application and pay the prescribed fee. END_STATUTE

Sec. 26. Section 32-551, Arizona Revised Statutes, is amended to read:

START_STATUTE32-551. School licenses; applications; barbering school requirements; supervision; students

A. A person is entitled to a license to operate a school if:

1. The person pays the prescribed fee.

2. The person furnishes a surety bond in the amount of ten thousand dollars $10,000 approved by the board and executed by a corporate bonding company authorized to do business in this state. The bond shall be for the benefit of and subject to the claims of the state for failure to comply with the requirements of this chapter and any student who fails to receive the full course of instruction required under this chapter.

3. The person submits to the board under oath an application for a school license on a form supplied by the board and other documentation required by the board in its rules.

4. The proposed school passes an inspection by the board before it opens.

B. A course of instruction in a licensed school that teaches barbering shall consist of at least one thousand two hundred hours of instruction. The course of instruction shall include:

1. at least two hundred fifty hours devoted to the study of the fundamentals of barbering, hygiene, bacteriology, histology of the hair, skin, muscles and nerves, structure of the head, face and neck, elementary chemistry relating to sterilization and antiseptics and diseases of the skin, hair and glands.

2. at least nine hundred fifty hours devoted to the practice and study of massaging and manipulating muscles of the scalp, face and neck, haircutting, shaving and chemical work relating to permanent waves and hair straightening, coloring and bleaching.

C. A licensed school shall be operated under the general supervision of a licensed instructor.

D. Students may not teach other students at a licensed school.

E. A school that holds a school license in barbering and a school license in cosmetology may offer courses on both cosmetology and barbering if an instructor licensed as a cosmetologist teaches the cosmetology courses and an instructor licensed as a barber teaches the barbering courses.END_STATUTE

Sec. 27. Section 32-556, Arizona Revised Statutes, is amended to read:

START_STATUTE32-556. Separation of schools from other businesses

A school of any type, including a cosmetology school, may include programs related to a subject that is similar to cosmetology the board licenses or registers but may not include a salon an establishment. A cosmetology school may offer for sale cosmetology related products and related articles. END_STATUTE

Sec. 28. Section 32-557, Arizona Revised Statutes, is amended to read:

START_STATUTE32-557. Students; services for the public; notice; salary prohibited; price list

A. Students of a licensed school may render services to the public only under the direct supervision of an a licensed instructor.

B. The following notice shall be posted in a conspicuous place within the school in letters large enough to be read across the length of the room: , "School of cosmetology (type of board-licensed school) — work done exclusively by students under the direct supervision of a licensed instructor."

C. A student in a school shall not receive a salary or commission from the school for any barbering, cosmetology, aesthetics, nail technology or hairstyling services while enrolled in the school as a student. A student who is enrolled in a school for the purpose of becoming an instructor may be a paid employee of the school.

D. A school shall post a price list for services rendered to the public that is large enough to be easily read from a distance of ten feet. END_STATUTE

Sec. 29. Section 32-560, Arizona Revised Statutes, is amended to read:

START_STATUTE32-560. Students; transfer; documentation

A student who desires to transfer from one school to another shall execute an application for transfer form prescribed by the board may apply to another school of the student's choice. The transferring school shall complete the application for transfer in triplicate and forward the requested information to the board within three days after the student executes the application for transfer provide the student with a completion form documenting the hours and courses that the student has successfully completed. The form shall include the school's name, address and license number and the student's dates of attendance. END_STATUTE

Sec. 30. Section 32-572, Arizona Revised Statutes, is amended to read:

START_STATUTE32-572. 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 Continuing to perform barbering, cosmetology, aesthetics, nail technology, hairstyling or eyelash extension services by a if the person knowingly having has an infectious or communicable disease.

2. Conviction being convicted of a crime.

3. Commission of Committing an act involving dishonesty, fraud or deceit with the intent to substantially benefit oneself or another or substantially injure another.

4. Committing malpractice or incompetency.

5. Knowingly advertising by means of false, misleading, deceptive or fraudulent statements through communication media.

6. Violating this chapter or any rule adopted pursuant to this chapter.

7. Making oral or written false statements to the board.

8. Repeated failure Repeatedly failing 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 licensee's or registrant's conviction of a crime or act shall is not be a cause of refusal for the board to refuse 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. END_STATUTE

Sec. 31. Section 32-574, Arizona Revised Statutes, is amended to read:

START_STATUTE32-574. Unlawful acts; violations; classification

A. A person shall not:

1. Perform or attempt to perform barbering, cosmetology, aesthetics, nail technology, 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 barber, cosmetologist, aesthetician, nail technician, hairstylist or eyelash technician or as being engaged in the practice or business of barbering, cosmetology, aesthetics, nail technology, 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 barbering, cosmetology, aesthetics, nail technology, hairstyling or personal services related to eyelash extensions without a license or registration issued pursuant to this chapter.

5. Practice or attempt to practice barbering, cosmetology, aesthetics, nail technology, hairstyling or personal services related to eyelash extensions in any place other than in a salon an establishment licensed by the board unless the person is requested by a customer to go to a place other than a salon an establishment licensed pursuant to this chapter and is sent to the customer from the salon establishment, except that a person who is licensed or registered pursuant to this chapter may practice, without the salon's establishment's request, barbering, cosmetology, aesthetics, nail technology, 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. Operate an establishment without being licensed by the board and without having an individual designated as the manager of the establishment.

9. 10. Violate this chapter or any rule adopted pursuant to this chapter.

10. 11. Ignore or fail to comply with a board subpoena.

11. 12. Use the title of "aesthetician", "barber", "cosmetologist", "nail technician", or "hairstylist" or "eyelash technician" or any other title or term likely to be confused with "aesthetician", "barber", "cosmetologist", "nail technician", "hairstylist" or "eyelash technician" in any advertisement, statement or publication unless that person is licensed or registered by the board.

12. 13. Teach barbering, 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 barbering, cosmetology, aesthetics, nail technology or hairstyling services in a school unless the services are directly incidental to instructing students.

C. A school shall post a conspicuous notice to the public pursuant to section 32-557 that all services are performed by students under the direct supervision of a licensed instructor.

C. D. A person who violates this section is guilty of a class 1 misdemeanor. END_STATUTE

Sec. 32. Section 32-3021, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3021. Private vocational program license; qualifications; provision of information; exemptions

A. A person shall not operate a private vocational program unless the person holds a private vocational program license issued pursuant to this chapter. Each program offered by a private vocational program licensee shall be authorized on a private vocational program license. The board shall prescribe the manner in which the programs shall be are identified on the license.

B. An applicant for a private vocational program license shall meet all of the following requirements:

1. Furnish a letter of credit, surety bond or cash deposit as provided in section 32-3023.

2. Make specific information concerning educational programs, including statements of purpose, objectives, course of study, policies, fees and other pertinent information, available to prospective students and the general public.

3. Be financially responsible and have management capability.

4. Maintain a qualified faculty.

5. Maintain facilities, equipment and materials that are appropriate for the stated program. All facilities shall meet applicable state and local health and safety laws.

6. Maintain appropriate records as the board prescribes that are properly safeguarded and preserved.

7. Use only advertisements that are consistent with the information made available as provided in paragraph 2 of this subsection.

8. Provide courses of instruction that meet stated objectives.

9. Provide a grievance procedure for students.

10. Comply with all federal and state laws relating to the operation of a private postsecondary educational institution.

11. Other requirements the board deems necessary.

C. An applicant for a private vocational program license shall submit evidence of meeting the requirements prescribed in subsection B of this section to the board. The board shall verify the evidence submitted. Verification shall include on-site verification.

D. The filing of an application grants the board the authority to obtain information from any of the following:

1. A licensing board or agency in any state, district, territory or county of the United States or any foreign country.

2. The Arizona criminal justice information system as defined in section 41-1750.

3. The federal bureau of investigation.

E. The board, on application, may issue a private vocational program license to a new educational institution as provided in this section, except that the board shall establish separate minimum standards for licensure requirements of new educational institutions. These minimum standards may include the modification of licensure requirements as provided in subsection B, paragraphs 3, 5, 6, 7 and 8 of this section to meet the circumstances of new educational institutions. The board, on application, may issue a private vocational program license to an educational institution that is otherwise exempt under subsection F of this section. The board shall monitor the new educational institution to ensure compliance with the licensure requirements. The board shall issue a private vocational program license as provided in this subsection one time only to new educational institutions.

F. This section does not apply to any of the following:

1. A school licensed pursuant to chapter 3 or 5 of this title.

2. An instructional program or course sponsored by a bona fide trade association solely for its members.

3. Privately owned academic schools engaged in the process of general education that is designed to produce a level of development equivalent to that necessary to meet the requirements for entrance into a public community college or public university in this state and that may incidentally offer technical and vocational courses as part of the curriculum.

4. Schools or private instruction conducted by any person engaged in training, tutoring or teaching individuals or groups, if the instruction is related to hobbies, avocations, academic improvement or recreation and may only incidentally lead to gainful employment.

5. Schools conducted by any person solely for training the person's own employees.

6. An instructional program or course offered solely for employees and for the purpose of improving the employees in their employment if both of the following apply:

(a) The employee is not charged a fee.

(b) The employer provides or funds the program or course pursuant to a valid written contract between the employer and a program or course provider.

7. Training conducted pursuant to 14 Code of Federal Regulations part 141.

8. A school that solely provides an instructional program for certified nursing assistants and licensed nursing assistants and that is licensed by the nursing board pursuant to section 32-1606, subsection B, paragraph 11.

9. A professional driving training school licensed by the department of transportation pursuant to chapter 23, articles 1, 2 and 3 of this title.

10. A training program approved by the board of examiners of nursing care institution administrators and assisted living facility managers that solely provides training for managers and caregivers of assisted living facilities.

11. A yoga teacher training course or program or a yoga instructional course or program.

12. A private instructional program or course that is less than forty contact hours in length and that charges a fee of less than one thousand dollars $1,000. For the purposes of this paragraph, "contact hour" means a fifty-minute session of scheduled in-class or online instruction. END_STATUTE

Sec. 33. Section 32-3234, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3234. Laser safety fund

The laser safety fund is established consisting of fees collected by the department pursuant to sections 32-516 and section 32-3233. The department shall administer the fund. Monies in the fund are continuously appropriated. END_STATUTE

Sec. 34. Section 41-3026.06, Arizona Revised Statutes, is amended to read:

START_STATUTE41-3026.06. Barbering and cosmetology board; termination July 1, 2026

A. The barbering and cosmetology board terminates on July 1, 2026.

B. Title 32, chapters 3 and chapter 5 and this section are repealed on January 1, 2027. END_STATUTE

Sec. 35. Section 44-6852, Arizona Revised Statutes, is amended to read:

START_STATUTE44-6852. Dishonored checks; service fee

Notwithstanding any other law and except as provided in sections 32-328 and section 32-507, the holder, payee or assignee of the holder or payee of a dishonored check, draft, order or note may charge and collect from the maker or drawer a service fee of not more than $25 plus any actual charges assessed by the financial institution of the holder, payee or assignee of the holder or payee as a result of the dishonored instrument.END_STATUTE

Sec. 36. Appropriations; barbering and cosmetology board; barbering and cosmetology fund; exemption

A. Notwithstanding section 32-505, Arizona Revised Statutes, the sum of $200,000 is appropriated from the barbering and cosmetology fund established by section 32-505, Arizona Revised Statutes, in fiscal years 2024-2025 and 2025-2026 to the barbering and cosmetology board for information technology development.

B. Notwithstanding section 32-505, Arizona Revised Statutes, the sum of $298,250 and four FTE positions are appropriated from the barbering and cosmetology fund established by section 32-505, Arizona Revised Statutes, in fiscal year 2024-2025 to the barbering and cosmetology board to enforce title 32, chapter 5, Arizona Revised Statutes.

C. The appropriations made in subsections A and B of this section are exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.