CSSSSB 4(FIN) am: "An Act relating to the Board of Barbers and Hairdressers; relating to a limited license to practice non-chemical barbering; relating to a license to practice hair braiding; relating to the Department of Environmental Conservation; and providing for an effective date."
00 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 4(FIN) am 01 "An Act relating to the Board of Barbers and Hairdressers; relating to a limited license 02 to practice non-chemical barbering; relating to a license to practice hair braiding; 03 relating to the Department of Environmental Conservation; and providing for an 04 effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 08.01.065(h) is amended to read: 07 (h) Notwithstanding (c) of this section, the department shall establish fee 08 levels under (a) of this section so that the total amount of fees collected by the Board 09 of Barbers and Hairdressers approximately equals the total regulatory costs of the 10 department, the board, and the Department Of Environmental Conservation for all 11 occupations regulated by the board. For purposes of this subsection, the regulatory 12 costs of the Department of Environmental Conservation for the occupations regulated 13 by the board include the cost of inspections under AS 08.13.210(b), the cost of 14 developing and adopting regulations under AS 44.46.020 for barbershop, hairdressing,
01 hair braiding, manicuring, esthetics, body piercing, ear piercing, and tattooing and 02 permanent cosmetic coloring establishments, and the cost to the Department of 03 Environmental Conservation of enforcing the regulations for body piercing, 04 tattooing, and permanent cosmetic coloring [THOSE REGULATIONS EXCEPT 05 FOR THE ENFORCEMENT COSTS RELATING TO EAR PIERCING] 06 establishments. The department shall set the fee levels for the issuance and renewal of 07 a practitioner's license issued under AS 08.13.100 so that the license and license 08 renewal fees are the same for all occupations regulated by the Board of Barbers and 09 Hairdressers. 10 * Sec. 2. AS 08.13.030 is amended to read: 11 Sec. 08.13.030. Powers and duties of the board. (a) The board shall exercise 12 general control over the vocations of barbering, hairdressing, hair braiding, 13 manicuring, esthetics, and body piercing and the vocation of tattooing and permanent 14 cosmetic coloring. 15 (b) The board shall 16 (1) examine applicants and approve the issuance of licenses and 17 permits to practice; 18 (2) authorize the issuance of licenses for schools of barbering, 19 hairdressing, manicuring, and esthetics; 20 (3) develop written instructions and notices that tattooing and 21 permanent cosmetic coloring shop owners and practitioners and body piercing shop 22 owners and practitioners are required to give or display under AS 08.13.215; 23 (4) enforce the provisions of this chapter, regulations adopted 24 under this chapter, and regulations relating to barbering, hairdressing, hair 25 braiding, manicuring, and esthetics adopted under AS 44.46.020(a)(5)(C). 26 (c) The board may 27 (1) suspend or revoke a license or permit; 28 (2) on its own motion or upon receipt of a written complaint, conduct 29 hearings and request the 30 (A) Department of Commerce, Community, and Economic 31 Development [OR THE DEPARTMENT OF ENVIRONMENTAL
01 CONSERVATION] to investigate the practices of a person, shop, or school 02 involved in the practice or teaching of barbering, hairdressing, hair braiding, 03 manicuring, or esthetics; or 04 (B) Department of Commerce, Community, and Economic 05 Development or the Department of Environmental Conservation to 06 investigate the practices of a person, shop, or school involved in the 07 practice or teaching of [,] body piercing [,] or tattooing and permanent 08 cosmetic coloring; 09 (3) adopt regulations or do any act necessary to carry out the 10 provisions of this chapter. 11 * Sec. 3. AS 08.13.040 is amended by adding a new subsection to read: 12 (b) The board may not require a person applying for a limited license to 13 practice non-chemical barbering under AS 08.13.100(f) to take an examination that 14 tests the person's knowledge of chemical processes, including permanent waving, 15 bleaching, coloring, or chemical straightening. 16 * Sec. 4. AS 08.13.070 is amended to read: 17 Sec. 08.13.070. License required. A person may not 18 (1) practice barbering, hairdressing, hair braiding, manicuring, 19 esthetics, body piercing, or tattooing and permanent cosmetic coloring without a 20 license, temporary permit, temporary license, or student permit unless exempted under 21 AS 08.13.160(d); 22 (2) practice barbering, hairdressing, hair braiding, manicuring, 23 esthetics, body piercing, or tattooing and permanent cosmetic coloring except in a 24 shop or school licensed under this chapter unless exempted under AS 08.13.160(d) or 25 permitted under AS 08.13.160(e); 26 (3) open or conduct a school of barbering, hairdressing, manicuring, or 27 esthetics without a license; 28 (4) teach in a school of barbering, hairdressing, manicuring, or 29 esthetics, or supervise an apprentice in barbering, hairdressing, manicuring, or 30 esthetics without an instructor's license; 31 (5) operate a shop in violation of AS 08.13.120;
01 (6) permit an employee or other person being supervised who is not 02 exempted under AS 08.13.160(d) to practice barbering, hairdressing, hair braiding, 03 manicuring, esthetics, body piercing, or tattooing and permanent cosmetic coloring 04 without a license, temporary permit, temporary license, or student permit; 05 (7) permit the use of the person's license, temporary permit, temporary 06 license, or student permit by another person; 07 (8) obtain or attempt to obtain a license, temporary permit, temporary 08 license, or student permit by fraudulent means. 09 * Sec. 5. AS 08.13.080(a) is amended to read: 10 (a) An applicant for an examination authorized under AS 08.13.040 must 11 (1) have successfully completed all courses that a school with a 12 curriculum in barbering 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 barbering; the 14 curriculum may be limited for non-chemical barbering under AS 08.13.100(f): 15 (2) have successfully completed all courses that a school with a 16 curriculum in hairdressing approved by the board is required to teach to be licensed 17 under AS 08.13.110 if applying for a license to practice hairdressing; 18 (3) have successfully completed all courses that a school with a 19 curriculum in esthetics approved by the board is required to teach in order to be 20 licensed under AS 08.13.110 if applying for a license to practice esthetics; 21 (4) have served an apprenticeship under AS 08.13.082; 22 (5) specify the field of practice in which the applicant intends to teach 23 and have held a license to practice in the field for three years or have held a license in 24 the field for one year and have completed 600 hours of student training as an instructor 25 in the field of practice from a licensed school with a curriculum approved by the board 26 if applying for a license as an instructor, except that a person licensed as an instructor 27 in hairdressing may be an instructor in manicuring for courses that satisfy the 28 requirements of (e) of this section, and the board may, by regulation, establish 29 requirements for other manicuring instructors, including instructors who teach courses 30 that satisfy requirements for an advanced manicurist endorsement; or 31 (6) have completed course work and, if applicable, an apprenticeship
01 acceptable to the board. 02 * Sec. 6. AS 08.13.080 is amended by adding a new subsection to read: 03 (g) An applicant for a license to practice hair braiding shall 04 (1) apply in writing on a form prescribed by the board; 05 (2) complete, to the satisfaction of the board, 35 hours of instruction in 06 hair braiding, health, safety, and sanitation 07 (A) at an accredited school of hairdressing; 08 (B) at a professional association of hairdressing or hair 09 braiding; or 10 (C) from an individual licensed under this chapter and 11 approved by the board; and 12 (3) pay the appropriate fee. 13 * Sec. 7. AS 08.13.082(a) is amended to read: 14 (a) The period of apprenticeship required to qualify an applicant for a license 15 to practice barbering is 2,000 hours. The apprenticeship must be served in a shop 16 approved by the board. The apprenticeship may not be completed in less than 12 17 months from the date of its commencement and must be completed in not more than 18 two years from the date of its commencement. The board may not require a person 19 applying for a license to practice non-chemical barbering under AS 08.13.100(f) 20 to perform apprenticeship hours or practical operations relating to chemical 21 processes, including permanent waving, bleaching, coloring, or chemical 22 straightening. 23 * Sec. 8. AS 08.13.100(a) is amended to read: 24 (a) The board shall authorize the issuance of a license for the practice of 25 barbering, hairdressing, or esthetics to each qualified applicant who has passed an 26 examination under AS 08.13.090 and meets other applicable requirements under this 27 chapter. The board shall authorize the issuance of a license for the practice of tattooing 28 and permanent cosmetic coloring or for body piercing to each applicant who has 29 satisfied the requirements of AS 08.13.080(d). The board shall authorize the issuance 30 of a license to practice manicuring to each applicant who has satisfied the 31 requirements of AS 08.13.080(e). The board shall authorize the issuance of an
01 endorsement to a license to practice manicuring or hairdressing indicating that the 02 person is an advanced manicurist to each applicant who has satisfied the requirements 03 of AS 08.13.080(f). The board shall authorize the issuance of a license for the 04 practice of hair braiding to each applicant who has satisfied the requirements of 05 AS 08.13.080(g). 06 * Sec. 9. AS 08.13.100(b) is amended to read: 07 (b) A practitioner license must state the areas of practice (barbering, 08 hairdressing, hair braiding, manicuring, esthetics, tattooing and permanent cosmetic 09 coloring, or body piercing) that the practitioner is qualified to perform. 10 * Sec. 10. AS 08.13.100(d) is amended to read: 11 (d) A person who holds a current valid license from a board of barbering, 12 hairdressing, manicuring, or esthetics in another state or who is licensed by another 13 state to practice hair braiding, tattooing, and permanent cosmetic coloring, or to 14 practice body piercing, is entitled to a license or endorsement under this chapter 15 without examination or a new period of training in this state. An application must 16 include 17 (1) proof of a valid license issued by another licensing jurisdiction; and 18 (2) proof of completed training, testing, and working experience that 19 the board finds to meet the minimum requirements of this state. 20 * Sec. 11. AS 08.13.100 is amended by adding a new subsection to read: 21 (f) The board shall by regulation create an area of limited professional 22 licensing in the field of barbering for non-chemical barbering that allows a person to 23 practice barbering without the use of chemicals and chemical processes. The limitation 24 must be stated on the license. 25 * Sec. 12. AS 08.13.120(a) is amended to read: 26 (a) The board shall adopt regulations for the licensing of shops. The 27 regulations must require that a shop for tattooing and permanent cosmetic coloring or 28 for body piercing be inspected and certified by the Department of Environmental 29 Conservation as being in compliance with the regulations adopted under AS 44.46.020 30 before a shop license may be issued under this subsection. A shop owner shall be 31 licensed to operate a shop without examination, but, unless the shop owner is a
01 practitioner, the shop owner may not conduct business without employing a manager 02 who is a practitioner. This subsection does not apply to a shop for the practice of 03 barbering, hairdressing, hair braiding, or esthetics located in a community having a 04 population of less than 1,000 people that is not within 25 miles of a community of 05 more than 1,000 people. 06 * Sec. 13. AS 08.13.130(a) is amended to read: 07 (a) A practitioner shall display the practitioner's license in a conspicuous 08 location in the practitioner's place of business. Each shop owner is responsible for the 09 conspicuous display of the shop's license and the licenses of employees and 10 individuals renting booths in the shop. A person holding a student permit, 11 temporary license, or temporary permit shall display the permit or license in a 12 conspicuous location in the school in which the person is enrolled or the shop in which 13 the person works. The school or shop owner is responsible for the display of a permit 14 or license for each enrolled student, apprentice, or temporary license holder. 15 * Sec. 14. AS 08.13.160(d) is amended to read: 16 (d) The licensing and permit provisions of this chapter do not apply to 17 (1) a person practicing barbering, hairdressing, hair braiding, 18 manicuring, or esthetics in a community having a population of less than 1,000 people 19 that is not within 25 miles of a community of more than 1,000 people and who uses 20 only chemicals available to the general public; 21 (2) a licensed health care professional; 22 (3) a person licensed by another licensing jurisdiction in a field of 23 practice licensed by this chapter while demonstrating techniques or products to 24 persons holding licenses or permits under this chapter; 25 (4) a person practicing tattooing and permanent cosmetic coloring or 26 body piercing solely on the person's own body; 27 (5) the practice of manicuring by a student as part of instruction in a 28 12-hour course approved under AS 08.13.110(d). 29 * Sec. 15. AS 08.13.160(e) is amended to read: 30 (e) The board shall adopt regulations to permit a person licensed under this 31 chapter to practice barbering, hairdressing, hair braiding, or esthetics outside a
01 licensed shop or school for limited purposes including 02 (1) care of clients confined to an institution or health care facility; 03 (2) care of clients with limited mobility; 04 (3) participation in charitable events; and 05 (4) participation in workshops or demonstrations of techniques or 06 products. 07 * Sec. 16. AS 08.13.160(f) is amended to read: 08 (f) A person licensed under this chapter to practice hairdressing is considered 09 to be licensed to practice manicuring, hair braiding, and limited esthetics under the 10 same license. 11 * Sec. 17. AS 08.13.185(a) is amended to read: 12 (a) The Department of Commerce, Community, and Economic Development 13 shall set fees under AS 08.01.065 for initial licenses and renewals for the following: 14 (1) schools; 15 (2) school owners; 16 (3) instructor; 17 (4) shop owner; 18 (5) practitioner of barbering; 19 (6) practitioner of hairdressing; 20 (7) practitioner of manicuring; 21 (8) practitioner of esthetics; 22 (9) practitioner of tattooing and permanent cosmetic coloring; 23 (10) practitioner of body piercing; 24 (11) temporary shop license; 25 (12) temporary permit; 26 (13) temporary license; 27 (14) student permit; 28 (15) endorsement for advanced manicuring; 29 (16) practitioner of hair braiding. 30 * Sec. 18. AS 08.13.190(a) is amended to read: 31 (a) A person who practices barbering, hairdressing, hair braiding, esthetics,
01 tattooing and permanent cosmetic coloring, or body piercing, or operates a shop, or 02 operates a school of barbering, hairdressing, or esthetics, or teaches in a school of 03 barbering, hairdressing, or esthetics, without a license, temporary permit, temporary 04 license, or student permit and who is not exempt under AS 08.13.120 or under 05 AS 08.13.160(d) is guilty of a class B misdemeanor. 06 * Sec. 19. AS 08.13.210(a) is amended to read: 07 (a) Health and sanitary conditions in shops and schools of 08 (1) barbering, hairdressing, hair braiding, manicuring, and esthetics 09 shall be supervised by the board; 10 (2) [,] tattooing and permanent cosmetic coloring, and body piercing 11 shall be supervised by the Department of Environmental Conservation. 12 * Sec. 20. AS 08.13.220(10) is amended to read: 13 (10) "practitioner" means a person licensed to practice barbering, 14 hairdressing, hair braiding, manicuring, esthetics, tattooing and permanent cosmetic 15 coloring, or body piercing under this chapter; 16 * Sec. 21. AS 08.13.220(12) is amended to read: 17 (12) "shop" is an establishment operated for the purpose of engaging in 18 barbering, hairdressing, hair braiding, manicuring, esthetics, tattooing and permanent 19 cosmetic coloring, or body piercing; 20 * Sec. 22. AS 08.13.220 is amended by adding a new paragraph to read: 21 (14) "hair braiding" means braiding natural hair, natural fibers, 22 synthetic fibers, and hair extensions, trimming hair extensions for braiding purposes, 23 and attaching natural and synthetic hair by braiding for cosmetic purposes and for a 24 fee; "hair braiding" does not include styling wigs or making wigs. 25 * Sec. 23. AS 44.46.020(a) is amended to read: 26 (a) The Department of Environmental Conservation shall 27 (1) have primary responsibility for coordination and development of 28 policies, programs, and planning related to the environment of the state and of the 29 various regions of the state; 30 (2) have primary responsibility for the adoption and enforcement of 31 regulations setting standards for the prevention and abatement of all water, land,
01 subsurface land, and air pollution, and other sources or potential sources of pollution 02 of the environment, including by way of example only, petroleum and natural gas 03 pipelines; 04 (3) promote and develop programs for the protection and control of the 05 environment of the state; 06 (4) take actions that are necessary and proper to further the policy 07 declared in AS 46.03.010; 08 (5) adopt regulations for 09 (A) the prevention and control of public health nuisances; 10 (B) the regulation of sanitation and sanitary practices in the 11 interest of public health; 12 (C) standards of cleanliness and sanitation in connection with 13 the construction, operation, and maintenance of a camp, cannery, food 14 handling establishment, food manufacturing plant, mattress manufacturing 15 establishment, industrial plant, school, barbershop, hairdressing, hair 16 braiding, manicuring, esthetics, tattooing and permanent cosmetic coloring, 17 body piercing, or ear piercing establishment, soft drink establishment, beer and 18 wine dispensaries, and for other similar establishments in which lack of 19 sanitation may create a condition that causes disease; 20 (D) the regulation of quality and purity of commercially 21 compressed air sold for human respiration. 22 * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 TRANSITION: REGULATIONS. The Board of Barbers and Hairdressers and the 25 Department of Commerce, Community, and Economic Development may adopt regulations 26 necessary to implement the changes made by this Act. The regulations take effect under 27 AS 44.62 (Administrative Procedure Act), but not before the effective date of the relevant 28 provision of this Act implemented by the regulation. 29 * Sec. 25. Section 24 of this Act takes effect immediately under AS 01.10.070(c). 30 * Sec. 26. Except as provided in sec. 25 of this Act, this Act takes effect January 1, 2019.