CSHB 73(HES): "An Act relating to licensure of manicurists."
00CS FOR HOUSE BILL NO. 73(HES) 01 "An Act relating to licensure of manicurists." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.13.030 is amended to read: 04 Sec. 08.13.030. POWERS AND DUTIES OF THE BOARD. (a) The board 05 shall exercise general control over the vocations of barbering, hairdressing, 06 manicuring, and cosmetology. 07 (b) The board shall 08 (1) examine applicants and approve the issuance of licenses and permits 09 to practice; 10 (2) authorize the issuance of licenses for schools of barbering, 11 hairdressing, manicuring, and cosmetology. 12 (c) The board may 13 (1) suspend or revoke a license or permit; 14 (2) on its own motion or upon receipt of a written complaint, conduct
01 hearings and request the Department of Commerce and Economic Development to 02 investigate the practices of a person, shop, or school involved in the practice or 03 teaching of barbering, hairdressing, manicuring, or cosmetology; 04 (3) adopt regulations or do any act necessary to carry out the provisions 05 of this chapter. 06 * Sec. 2. AS 08.13.040 is amended to read: 07 Sec. 08.13.040. MEETINGS AND EXAMINATIONS. The board shall meet 08 as often as necessary to conduct its business. It shall conduct separate examinations 09 covering each field of practice: barbering, hairdressing, manicuring, and cosmetology. 10 Examinations shall be given at least twice in every year for each field of practice for 11 which applications for licensure are pending. An applicant may take an examination 12 in more than one field during the same testing session. 13 * Sec. 3. AS 08.13.070 is amended to read: 14 Sec. 08.13.070. LICENSE REQUIRED. A person may not 15 (1) practice barbering, hairdressing, manicuring, or cosmetology 16 without a license, temporary permit, or student permit unless exempted under 17 AS 08.13.160(d); 18 (2) practice barbering, hairdressing, manicuring, or cosmetology except 19 in a shop or school licensed under this chapter unless exempted under AS 08.13.160(d) 20 or permitted under AS 08.13.160(e); 21 (3) open or conduct a school of barbering, hairdressing, manicuring, 22 or cosmetology without a license; 23 (4) teach in a school of barbering, hairdressing, manicuring, or 24 cosmetology, or supervise an apprentice without an instructor's license; 25 (5) operate a shop in violation of AS 08.13.120; 26 (6) permit an employee or other person being supervised who is not 27 exempted under AS 08.13.160(d) to practice barbering, hairdressing, manicuring, or 28 cosmetology without a license, temporary permit, or student permit; 29 (7) permit the use of the person's license, temporary permit, or student 30 permit by another person; 31 (8) obtain or attempt to obtain a license, temporary permit, or student
01 permit by fraudulent means. 02 * Sec. 4. AS 08.13.080 is amended to read: 03 Sec. 08.13.080. QUALIFICATIONS OF APPLICANTS. An applicant for 04 examination must 05 (1) have successfully completed all courses that a school with a 06 curriculum in barbering approved by the board is required to teach in order to be 07 licensed under AS 08.13.110 if applying for a license to practice barbering; 08 (2) have successfully completed all courses that a school with a 09 curriculum in hairdressing approved by the board is required to teach to be licensed 10 under AS 08.13.110 if applying for a license to practice hairdressing; 11 (3) have successfully completed all courses that a school with a 12 curriculum in cosmetology approved by the board is required to teach in order to be 13 licensed under AS 08.13.110 if applying for a license to practice cosmetology; 14 (4) have successfully completed all courses that a school with a 15 curriculum in manicuring approved by the board is required to teach in order to 16 be licensed under AS 08.13.110 if applying for a license to practice manicuring; 17 (5) have served an apprenticeship under AS 08.13.082; 18 (6) [(5)] specify the field of practice in which the applicant intends to 19 teach and have held a license to practice in the field for three years or have held a 20 license in the field for one year and have completed 600 hours of student training as 21 an instructor in the field of practice from a licensed school with a curriculum approved 22 by the board if applying for a license as an instructor; or 23 (7) [(6)] have completed a combination of course work and 24 apprenticeship acceptable to the board. 25 * Sec. 5. AS 08.13.082 is amended by adding a new subsection to read: 26 (d) The period of apprenticeship required to qualify an applicant for a license 27 to practice manicuring is 350 hours. The apprenticeship may only be served in a shop 28 approved by the board. The apprenticeship may not be completed in less than six 29 months from the date of its commencement and must be completed in not more than 30 one year from the date of its commencement. 31 * Sec. 6. AS 08.13.100(b) is amended to read:
01 (b) A license shall state the areas of practice (barbering, hairdressing, 02 manicuring, cosmetology, or any combination) that the practitioner is qualified to 03 perform. 04 * Sec. 7. AS 08.13.100(c) is amended to read: 05 (c) The board may by regulation create areas of limited professional licensing 06 in the field of cosmetology [, EXCEPT THAT THE BOARD MAY NOT RESTRICT 07 OR OTHERWISE REGULATE THE PRACTICE OF MANICURE OR PEDICURE] 08 . Any limitation shall be stated on the license. 09 * Sec. 8. AS 08.13.100(d) is amended to read: 10 (d) A person holding a current valid license from a board of barbering, 11 hairdressing, manicuring, or cosmetology in another state is entitled to a license under 12 this chapter without examination in this state. An application must include [:] 13 (1) proof of a valid license issued by another licensing jurisdiction; 14 (2) proof of completed training, testing, and working experience that 15 the board finds to meet the minimum requirements of the state; and 16 (3) payment of a credential investigation fee. 17 * Sec. 9. AS 08.13.110 is amended to read: 18 Sec. 08.13.110. SCHOOL LICENSE. The board shall adopt regulations for 19 the licensing of schools of barbering, hairdressing, manicuring, and cosmetology. The 20 regulations must include details of the curriculum, minimum hours of instruction, 21 physical condition of the facilities, and financial responsibility of the owner. 22 * Sec. 10. AS 08.13.160(d) is amended to read: 23 (d) The licensing and permit provisions of this chapter do not apply to 24 (1) a person practicing barbering, hairdressing, manicuring, or 25 cosmetology in a community having a population of less than 1,000 people that is not 26 within 25 miles of a community of more than 1,000 people and who uses only 27 chemicals available to the general public; 28 (2) a shampoo person; 29 (3) a licensed health care professional; 30 (4) a person licensed by another licensing jurisdiction in a field of 31 practice licensed by this chapter while demonstrating techniques or products to persons
01 holding licenses or permits under this chapter. 02 * Sec. 11. AS 08.13.170 is amended to read: 03 Sec. 08.13.170. TEMPORARY PERMITS. The department shall issue a 04 temporary permit to an applicant for licensing who holds a license to practice as a 05 barber, hairdresser, manicurist, or cosmetologist in another state. The permit is valid 06 until the board either issues a permanent license or rejects the application. The board 07 shall act on an application within six months. 08 * Sec. 12. AS 08.13.180 is amended to read: 09 Sec. 08.13.180. STUDENT PERMITS. A person attending a licensed school 10 of barbering, hairdressing, manicuring, or cosmetology, and a person apprenticed to 11 a licensed instructor in a shop approved by the board shall obtain a student permit. 12 A student permit to practice barbering or hairdressing is valid for two years. A student 13 permit to practice manicuring or cosmetology is valid for one year. A student permit 14 may not be renewed, but, upon application, the board may issue a new permit to the 15 same person, or extend an expired permit to the date of the next scheduled 16 examination. Credit earned under an expired student permit may be transferred to a 17 new permit as determined by the board. 18 * Sec. 13. AS 08.13.185(a) is amended to read: 19 (a) The Department of Commerce and Economic Development shall set fees 20 under AS 08.01.065 for initial licenses and renewals for the following: 21 (1) schools; 22 (2) school owners; 23 (3) instructor; 24 (4) shop owner; 25 (5) practitioner of barbering; 26 (6) practitioner of hairdressing; 27 (7) practitioner of manicuring; 28 (8) practitioner of cosmetology; 29 (9) [(8)] temporary permit; 30 (10) [(9)] student permit. 31 * Sec. 14. AS 08.13.190 is amended to read:
01 Sec. 08.13.190. FAILURE TO POSSESS A LICENSE OR PERMIT. A person 02 who practices barbering, hairdressing, manicuring, or cosmetology, or operates a shop, 03 or operates a school of barbering, hairdressing, manicuring, or cosmetology, or 04 teaches in a school of barbering, hairdressing, manicuring, or cosmetology, without 05 a license, temporary permit, or student permit and who is not exempt under 06 AS 08.13.120 or under AS 08.13.160(d) is guilty of a class B misdemeanor. 07 * Sec. 15. AS 08.13.210 is amended to read: 08 Sec. 08.13.210. HEALTH AND SANITARY CONDITIONS. Health and 09 sanitary conditions in shops and schools of barbering, hairdressing, manicuring, and 10 cosmetology shall be supervised by the Department of Environmental Conservation. 11 * Sec. 16. AS 08.13.220(6) is amended to read: 12 (6) "instructor" means a person who teaches barbering, hairdressing, 13 manicuring, or cosmetology in a school or who supervises an apprentice; 14 * Sec. 17. AS 08.13.220(7) is amended to read: 15 (7) "practitioner" means a person licensed to practice barbering, 16 hairdressing, manicuring, or cosmetology under this chapter; 17 * Sec. 18. AS 08.13.220(9) is amended to read: 18 (9) "shop" is an establishment operated for the purpose of engaging in 19 barbering, hairdressing, manicuring, or cosmetology. 20 * Sec. 19. AS 08.13.220 is amended by adding a new paragraph to read: 21 (10) "manicuring" means cutting, trimming, polishing, coloring, tinting, 22 cleansing, affixing material by artificial means for the addition to or extension of the 23 natural nail, or otherwise treating the nails of the hand or foot or massaging, cleansing, 24 treating, or beautifying the hands or feet performed for cosmetic purposes and not for 25 the treatment of disease or physical or mental ailments. 26 * Sec. 20. TRANSITIONAL PROVISION. (a) Notwithstanding the other provisions of 27 this Act, a person qualifies for a license to practice manicuring if the person 28 (1) applies for the license within 150 days after the effective date of this Act; 29 (2) presents evidence satisfactory to the board that the person practiced 30 manicuring for compensation for at least 350 hours during the 12 months immediately 31 preceding the effective date of this Act;
01 (3) passes a manicuring examination conducted by the Board of Barbers and 02 Hairdressers before applying under this section; and 03 (4) pays the required fees for examination and licensure. 04 (b) Notwithstanding other provisions of this Act, a person also qualifies for a license to 05 practice manicuring if the person 06 (1) applies for the license within 150 days after the effective date of this Act; 07 (2) held a license issued under AS 08.13 before the effective date of this Act that 08 is valid on the effective date of this Act; and 09 (3) pays the required fee. 10 (c) Notwithstanding other provisions of this Act, a person qualifies for an instructor's 11 license to teach manicuring or to supervise an apprentice manicurist if the person 12 (1) applies for the license within 150 days after the effective date of this Act; 13 (2) held an instructor's license for any field issued under AS 08.13 before the 14 effective date of this Act that is valid on the effective date of this Act; and 15 (3) pays the required fee. 16 (d) Notwithstanding other provisions of this Act, a person who, on the effective date of 17 this Act, holds a valid 18 (1) instructor's license issued under AS 08.13 may teach manicuring or supervise 19 an apprentice manicurist without an instructor's license in the field of manicuring until 180 days 20 after the effective date of this Act; 21 (2) license to practice barbering, hairdressing, or cosmetology issued under 22 AS 08.13 may practice manicuring without a license to practice manicuring until 180 days after 23 the effective date of this Act. 24 (e) Notwithstanding other provisions of this Act, a person may practice manicuring 25 without a license issued under AS 08.13 until 180 days after the effective date of this Act if the 26 person files with the Board of Barbers and Hairdressers, within 30 days after the effective date 27 of this Act, a written notice of intent to apply for a license under (a) of this section.