HCS CSSB 51(L&C): "An Act relating to barbers, hairdressers, manicurists, and cosmetologists; providing that the only qualification necessary for licensure as a manicurist, other than payment of fees, is completion of a class that is 12 hours in duration, addresses relevant health, safety, and hygiene concerns, and is offered through a school approved by the Board of Barbers and Hairdressers; and providing for an effective date."
00HOUSE CS FOR CS FOR SENATE BILL NO. 51(L&C) 01 "An Act relating to barbers, hairdressers, manicurists, and cosmetologists; providing 02 that the only qualification necessary for licensure as a manicurist, other than 03 payment of fees, is completion of a class that is 12 hours in duration, addresses 04 relevant health, safety, and hygiene concerns, and is offered through a school 05 approved by the Board of Barbers and Hairdressers; and providing for an 06 effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 08.13.010(b) is amended to read: 09 (b) The board consists of 10 (1) two persons licensed as barbers under this chapter; 11 (2) two persons licensed as hairdressers under this chapter, one of 12 whom is also licensed as an esthetician [A COSMETOLOGIST] under this chapter; 13 and 14 (3) one public member.
01 * Sec. 2. AS 08.13.030 is amended to read: 02 Sec. 08.13.030. Powers and duties of the board. (a) The board shall 03 exercise general control over the vocations of barbering, hairdressing, manicuring, and 04 esthetics [COSMETOLOGY]. 05 (b) The board shall 06 (1) examine applicants and approve the issuance of licenses and permits 07 to practice; 08 (2) authorize the issuance of licenses for schools of barbering, 09 hairdressing, manicuring, and esthetics [COSMETOLOGY]. 10 (c) The board may 11 (1) suspend or revoke a license or permit; 12 (2) on its own motion or upon receipt of a written complaint, conduct 13 hearings and request the Department of Commerce and Economic Development to 14 investigate the practices of a person, shop, or school involved in the practice or 15 teaching of barbering, hairdressing, manicuring, or esthetics [COSMETOLOGY]; 16 (3) adopt regulations or do any act necessary to carry out the provisions 17 of this chapter. 18 * Sec. 3. AS 08.13.040 is amended to read: 19 Sec. 08.13.040. Meetings and examinations. The board shall meet as often 20 as necessary to conduct its business. It shall conduct separate examinations covering 21 the following fields [EACH FIELD] of practice: barbering, hairdressing, advanced 22 manicuring, and esthetics [COSMETOLOGY]. Examinations shall be given at least 23 twice in every year for each of these fields [FIELD] of practice for which applications 24 for licensure or endorsements are pending. An applicant may take an examination 25 in more than one field during the same testing session. The board may not require 26 an applicant for licensure as a manicurist to take or pass an examination 27 conducted by the board for the field of manicuring; however, nothing in this 28 sentence prohibits the board from requiring a licensed manicurist to pass an 29 examination to obtain an optional endorsement as an advanced manicurist under 30 AS 08.13.080(c). 31 * Sec. 4. AS 08.13.070 is amended to read:
01 Sec. 08.13.070. License required. A person may not 02 (1) practice barbering, hairdressing, manicuring, or esthetics 03 [COSMETOLOGY] without a license, temporary permit, temporary license, or student 04 permit unless exempted under AS 08.13.160(d); 05 (2) practice barbering, hairdressing, manicuring, or esthetics 06 [COSMETOLOGY] except in a shop or school licensed under this chapter unless 07 exempted under AS 08.13.160(d) or permitted under AS 08.13.160(e); 08 (3) open or conduct a school of barbering, hairdressing, manicuring, 09 or esthetics [COSMETOLOGY] without a license; 10 (4) teach in a school of barbering, hairdressing, manicuring, or 11 esthetics [COSMETOLOGY], or supervise an apprentice without an instructor's 12 license; 13 (5) operate a shop in violation of AS 08.13.120; 14 (6) permit an employee or other person being supervised who is not 15 exempted under AS 08.13.160(d) to practice barbering, hairdressing, manicuring, or 16 esthetics [COSMETOLOGY] without a license, temporary permit, temporary license, 17 or student permit; 18 (7) permit the use of the person's license, temporary permit, temporary 19 license, or student permit by another person; 20 (8) obtain or attempt to obtain a license, temporary permit, temporary 21 license, or student permit by fraudulent means. 22 * Sec. 5. AS 08.13.080 is amended to read: 23 Sec. 08.13.080. Qualifications of applicants. An applicant for an 24 examination authorized under AS 08.13.040 must 25 (1) have successfully completed all courses that a school with a 26 curriculum in barbering approved by the board is required to teach in order to be 27 licensed under AS 08.13.110 if applying for a license to practice barbering; 28 (2) have successfully completed all courses that a school with a 29 curriculum in hairdressing approved by the board is required to teach to be licensed 30 under AS 08.13.110 if applying for a license to practice hairdressing; 31 (3) have successfully completed all courses that a school with a
01 curriculum in esthetics [COSMETOLOGY] approved by the board is required to teach 02 in order to be licensed under AS 08.13.110 if applying for a license to practice 03 esthetics [COSMETOLOGY]; 04 (4) have served an apprenticeship under AS 08.13.082; 05 (5) specify the field of practice in which the applicant intends to teach 06 and have held a license to practice in the field for three years or have held a license 07 in the field for one year and have completed 600 hours of student training as an 08 instructor in the field of practice from a licensed school with a curriculum approved 09 by the board if applying for a license as an instructor except that a person licensed 10 as an instructor in hairdressing may be an instructor in manicuring for courses 11 that satisfy the requirement of AS 08.13.080(b), and the board may, by regulation, 12 establish requirements for other manicuring instructors, including instructors who 13 teach courses that satisfy requirements for an advanced manicurist endorsement ; 14 or 15 (6) have completed a combination of course work and apprenticeship 16 acceptable to the board. 17 * Sec. 6. AS 08.13.080 is amended by adding new subsections to read: 18 (b) The board shall issue a license to practice manicuring to an applicant who 19 (1) submits documentation that the applicant has completed a course 20 of 12 hours of instruction or training approved by the board that addresses health, 21 safety, and hygiene concerns of manicuring customers and practitioners that are 22 relevant to the practice of manicuring from a school licensed under AS 08.13.110 as 23 a school of manicuring; documentation of completion of the course must include 24 certification from the school that the applicant has passed a test given by the school 25 covering the health, safety, and hygiene concerns of manicuring customers and 26 practitioners that are relevant to the practice of manicuring; and 27 (2) pays the appropriate fee. 28 (c) The board shall add an endorsement to a license to practice manicuring or 29 hairdressing indicating that the person is an advanced manicurist if the person 30 (1) holds, or has been approved for, a current license issued under this 31 chapter for manicuring or hairdressing;
01 (2) requests the endorsement; 02 (3) submits documentation from a licensed school of manicuring or 03 hairdressing certifying completion of 250 hours of instruction in manicuring that meet 04 the requirements of AS 08.13.110(c); 05 (4) passes an examination given by the board for advanced manicurists; 06 and 07 (5) pays the appropriate fee. 08 * Sec. 7. AS 08.13.082(c) is amended to read: 09 (c) The period of apprenticeship required to qualify an applicant for a license 10 to practice esthetics [COSMETOLOGY] is 350 hours. The apprenticeship must be 11 served in a shop approved by the board. The apprenticeship may not be completed in 12 less than six months from the date of its commencement and must be completed in not 13 more than one year from the date of its commencement. 14 * Sec. 8. AS 08.13.100(b) is amended to read: 15 (b) A practitioner license must state the areas of practice (barbering, 16 hairdressing, manicuring, esthetics [COSMETOLOGY], or any combination) that the 17 practitioner is qualified to perform. 18 * Sec. 9. AS 08.13.100(c) is amended to read: 19 (c) The board may by regulation create areas of limited professional licensing 20 in the field of esthetics [COSMETOLOGY, EXCEPT THAT THE BOARD MAY 21 NOT RESTRICT OR OTHERWISE REGULATE THE PRACTICE OF MANICURE 22 OR PEDICURE]. Any limitation must be stated on the license. 23 * Sec. 10. AS 08.13.100(d) is amended to read: 24 (d) A person holding a current valid license from a board of barbering, 25 hairdressing, manicuring, or esthetics [COSMETOLOGY] in another state is entitled 26 to a license or endorsement under this chapter without examination in this state. An 27 application must include 28 (1) proof of a valid license issued by another licensing jurisdiction; and 29 (2) proof of completed training, testing, and working experience that 30 the board finds to meet the minimum requirements of the state [; AND 31 (3) PAYMENT OF A CREDENTIAL INVESTIGATION FEE].
01 * Sec. 11. AS 08.13.100 is amended by adding a new subsection to read: 02 (e) A person licensed as an instructor is considered to be licensed as a 03 practitioner and is subject to the same requirements that a practitioner is subject to, in 04 the same area for which the person is licensed as an instructor, except that, for 05 purposes of setting fees under AS 08.01.065, the department shall consider instructors 06 to be an occupation separate from practitioners. An instructor license shall state the 07 areas of practice (barbering, hairdressing, manicuring, esthetics, or any combination) 08 in which the licensee is qualified to instruct and practice. 09 * Sec. 12. AS 08.13.110 is amended to read: 10 Sec. 08.13.110. School license. The board shall adopt regulations for the 11 licensing of schools of barbering, hairdressing, manicuring, and esthetics 12 [COSMETOLOGY]. The regulations must include details of the curriculum, minimum 13 hours of instruction, physical condition of the facilities, and financial responsibility of 14 the owner. The curriculum required for a school of hairdressing must include the 15 curriculum required for a school of manicuring. 16 * Sec. 13. AS 08.13.110 is amended by adding new subsections to read: 17 (b) The board shall issue a license to a school of manicuring if it offers a 18 curriculum of 12 hours of instruction or training approved by the board that addresses 19 health, safety, and hygiene concerns of manicuring customers and practitioners that are 20 relevant to the practice of manicuring. A school of manicuring may offer instruction 21 in addition to the 12 hours required for a license, but the board may not issue a license 22 to a school of manicuring if the school requires its students to complete more than 12 23 hours of the required instruction or training in health, safety, and hygiene concerns 24 before the school will certify that the student has completed the school's manicuring 25 course for purposes of AS 08.13.080(b). 26 (c) A school of manicuring may seek approval from the board for a curriculum 27 designed to qualify students for an advanced manicurist endorsement. The board shall 28 establish the curriculum requirements applicable under this subsection through its 29 authority under (a) of this section. 30 * Sec. 14. AS 08.13.130 is amended to read: 31 Sec. 08.13.130. Display of license or permit. A practitioner shall display the
01 practitioner's license in a conspicuous location in the practitioner's place of business. 02 Each shop owner is responsible for the display of the licenses of employees. A person 03 holding a student permit , temporary license, or temporary permit shall display the 04 permit or license in a conspicuous location in the school in which the person is 05 enrolled or the shop in which the person [APPRENTICE] works. The school or shop 06 owner is responsible for the display of a permit or license for each enrolled student , 07 [OR] apprentice , or temporary license holder . 08 * Sec. 15. AS 08.13.130 is amended by adding a new subsection to read: 09 (b) A license issued to a manicurist by the department must state that the 10 manicurist has successfully completed a course of instruction or training in health, 11 safety, and hygiene concerns related to the practice of manicuring. 12 * Sec. 16. AS 08.13.150 is amended to read: 13 Sec. 08.13.150. Grounds for refusal, suspension, or revocation of a license 14 or permit. The board may refuse, suspend, or revoke a license, student permit, 15 temporary license, or temporary permit for failure to comply with this chapter, with 16 a regulation adopted under this chapter, or with an order of the board. 17 * Sec. 17. AS 08.13.160(d) is amended to read: 18 (d) The licensing and permit provisions of this chapter do not apply to 19 (1) a person practicing barbering, hairdressing, manicuring, or 20 esthetics [COSMETOLOGY] in a community having a population of less than 1,000 21 people that is not within 25 miles of a community of more than 1,000 people and who 22 uses only chemicals available to the general public; 23 (2) the practice of manicuring by a student as part of instruction 24 in a 12-hour course approved under AS 08.13.110(b); 25 (3) a shampoo person; 26 (4) [(3)] a licensed health care professional; 27 (5) [(4)] a person licensed by another licensing jurisdiction in a field 28 of practice licensed by this chapter while demonstrating techniques or products to 29 persons holding licenses or permits under this chapter. 30 * Sec. 18. AS 08.13.160 is amended by adding a new subsection to read: 31 (f) A person licensed under this chapter to practice hairdressing is considered
01 to be licensed to practice manicuring under the same license. 02 * Sec. 19. AS 08.13.170 is amended to read: 03 Sec. 08.13.170. Temporary permits. The department shall issue a temporary 04 permit to an applicant for licensing who holds a license to practice as a barber, 05 hairdresser, manicurist, or esthetician [COSMETOLOGIST] in another state. The 06 permit is valid until the board either issues a permanent license or rejects the 07 application. The board shall act on an application within six months. 08 * Sec. 20. AS 08.13 is amended by adding a new section to read: 09 Sec. 08.13.175. Temporary license. A person who meets the requirements 10 of AS 08.13.080(a)(1), (2), (3), (4), or (6) is entitled to be temporarily licensed after 11 applying for examination under this chapter if the applicant works under the direct 12 supervision, and within the physical presence, of a person who is licensed in the area 13 of practice for which the applicant has applied for examination. A temporary license 14 issued under this section is valid for 120 days and is nonrenewable. A person may not 15 receive more than one temporary license for each area of practice licensed under this 16 chapter. An application for a temporary license must be signed by the supervising 17 licensee and accompanied by the temporary license fee required under AS 08.13.185. 18 * Sec. 21. AS 08.13.180 is amended to read: 19 Sec. 08.13.180. Student permits. A person attending a licensed school of 20 barbering, hairdressing, or esthetics [COSMETOLOGY] and a person apprenticed to 21 a licensed instructor in a shop approved by the board shall obtain a student permit. 22 A student permit to practice barbering or hairdressing is valid for two years. A student 23 permit to practice esthetics [COSMETOLOGY] is valid for one year. A student 24 permit may not be renewed, but, upon application, the board may issue a new permit 25 to the same person or extend an expired permit to the date of the next scheduled 26 examination. Credit earned under an expired student permit may be transferred to a 27 new permit as determined by the board. 28 * Sec. 22. AS 08.13.185(a) is amended to read: 29 (a) The Department of Commerce and Economic Development shall set fees 30 under AS 08.01.065 for initial licenses , endorsements, and renewals for the following: 31 (1) schools;
01 (2) school owners; 02 (3) instructor; 03 (4) shop owner; 04 (5) practitioner of barbering; 05 (6) practitioner of hairdressing; 06 (7) practitioner of manicuring; 07 (8) practitioner of esthetics [COSMETOLOGY]; 08 (9) endorsement for advanced manicurist; 09 (10) [(8)] temporary permit; 10 (11) temporary license; 11 (12) [(9)] student permit. 12 * Sec. 23. AS 08.13.190 is amended to read: 13 Sec. 08.13.190. Failure to possess a license or permit. A person who 14 practices barbering, hairdressing, or esthetics [COSMETOLOGY], or operates a shop, 15 or operates a school of barbering, hairdressing, or esthetics [COSMETOLOGY], or 16 teaches in a school of barbering, hairdressing, or esthetics [COSMETOLOGY], 17 without a license, temporary permit, temporary license, or student permit and who is 18 not exempt under AS 08.13.120 or under AS 08.13.160(d) is guilty of a class B 19 misdemeanor. 20 * Sec. 24. AS 08.13.190 is amended by adding a new subsection to read: 21 (b) A person who practices manicuring, operates a shop for manicuring, 22 operates a school of manicuring, or teaches in a school of manicuring without the 23 appropriate license, temporary permit, temporary license, or student permit and who 24 is not exempt under AS 08.13.120 or 08.13.160(d) is guilty of a violation. 25 * Sec. 25. AS 08.13.210 is amended to read: 26 Sec. 08.13.210. Health and sanitary conditions. Health and sanitary 27 conditions in shops and schools of barbering, hairdressing, manicuring, and esthetics 28 [COSMETOLOGY] shall be supervised by the Department of Environmental 29 Conservation. 30 * Sec. 26. AS 08.13.220(4) is amended to read: 31 (4) "esthetics" ["COSMETOLOGY"] means the use of the hands,
01 appliances, cosmetic preparations, antiseptics, or lotions in massaging, cleansing, 02 stimulating, or similar work on the scalp, face or neck, including skin care, make-up, 03 and temporary removal of superfluous hair, for cosmetic purposes for a fee; 04 * Sec. 27. AS 08.13.220(5) is amended to read: 05 (5) "hairdressing" means performing, for a fee, the following services 06 for cosmetic purposes: 07 (A) [SHAVING,] trimming [,] or cutting the beard of a living 08 person; and 09 (B) arranging, styling, dressing, curling, temporary waving, 10 permanent waving, cutting, singeing, bleaching, coloring, cleansing, 11 conditioning, or similar work on the hair of a living person; 12 * Sec. 28. AS 08.13.220(6) is amended to read: 13 (6) "instructor" means a person who teaches barbering, hairdressing, 14 manicuring, or esthetics [COSMETOLOGY] in a school or who supervises an 15 apprentice; 16 * Sec. 29. AS 08.13.220(7) is amended to read: 17 (7) "practitioner" means a person licensed to practice barbering, 18 hairdressing, manicuring, or esthetics [COSMETOLOGY] under this chapter; 19 * Sec. 30. AS 08.13.220(9) is amended to read: 20 (9) "shop" is an establishment operated for the purpose of engaging in 21 barbering, hairdressing, manicuring, or esthetics [COSMETOLOGY]. 22 * Sec. 31. AS 08.13.220 is amended by adding a new paragraph to read: 23 (10) "manicuring" 24 (A) means, for a fee, to 25 (i) cut, trim, polish, color, tint, or cleanse a natural or 26 artificial nail; 27 (ii) affix material by artificial means to a natural nail for 28 the addition to or extension of the natural nail; 29 (iii) cleanse, treat, or beautify the hands or feet for 30 cosmetic purposes; or 31 (iv) otherwise treat the nails of the hand or foot except
01 as provided in (B) of this paragraph; 02 (B) notwithstanding (A) of this paragraph, does not include 03 (i) massage treatment; or 04 (ii) cleansing, treating, or beautifying the hands or feet 05 solely for the treatment of disease or physical or mental ailments. 06 * Sec. 32. AS 44.46.020 is amended to read: 07 Sec. 44.46.020. Duties of department. The Department of Environmental 08 Conservation shall 09 (1) have primary responsibility for coordination and development of 10 policies, programs, and planning related to the environment of the state and of the 11 various regions of the state; 12 (2) have primary responsibility for the adoption and enforcement of 13 regulations setting standards for the prevention and abatement of all water, land, 14 subsurface land, and air pollution, and other sources or potential sources of pollution 15 of the environment, including by way of example only, petroleum and natural gas 16 pipelines; 17 (3) promote and develop programs for the protection and control of the 18 environment of the state; 19 (4) take actions that are necessary and proper to further the policy 20 declared in AS 46.03.010; 21 (5) adopt regulations for 22 (A) the prevention and control of public health nuisances; 23 (B) the regulation of sanitation and sanitary practices in the 24 interest of public health; 25 (C) standards of cleanliness and sanitation in connection with 26 the construction, operation, and maintenance of a camp, cannery, food handling 27 establishment, food manufacturing plant, mattress manufacturing establishment, 28 industrial plant, school, barbershop, hairdressing , manicuring, or esthetics 29 [COSMETOLOGY] establishment, soft drink establishment, beer and wine 30 dispensaries, and for other similar establishments in which lack of sanitation 31 may create a condition that causes disease;
01 (D) the regulation of quality and purity of commercially 02 compressed air sold for human respiration. 03 * Sec. 33. REGULATIONS. The Board of Barbers and Hairdressers and the Department 04 of Environmental Conservation shall begin the process of developing regulations to implement 05 this Act. A regulation takes effect under AS 44.62 but not before the effective date of the law 06 that is implemented by the regulation. 07 * Sec. 34. Section 33 of this Act takes effect immediately under AS 01.10.070(c). 08 * Sec. 35. AS 08.13.190(b), added by sec. 24 of this Act, and the amendments to 09 AS 08.13.070, as amended by sec. 4 of this Act, that add the word "manicuring" take effect 10 September 1, 2001.