HCS CSSSSB 4(RLS): "An Act relating to the Board of Barbers and Hairdressers; relating to manicuring; relating to a limited license to practice non-chemical barbering; relating to a license to practice hair braiding; relating to tattooing; relating to permanent cosmetic coloring; relating to the Department of Environmental Conservation; relating to nonrenewal of occupational licenses for default on a student loan; and providing for an effective date."
00 HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 4(RLS) 01 "An Act relating to the Board of Barbers and Hairdressers; relating to manicuring; 02 relating to a limited license to practice non-chemical barbering; relating to a license to 03 practice hair braiding; relating to tattooing; relating to permanent cosmetic coloring; 04 relating to the Department of Environmental Conservation; relating to nonrenewal of 05 occupational licenses for default on a student loan; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 08.01.065(h) is amended to read: 08 (h) Notwithstanding (c) of this section, the department shall establish fee 09 levels under (a) of this section so that the total amount of fees collected by the Board 10 of Barbers and Hairdressers approximately equals the total regulatory costs of the 11 department, the board, and the Department Of Environmental Conservation for all 12 occupations regulated by the board. For purposes of this subsection, the regulatory 13 costs of the Department of Environmental Conservation for the occupations regulated
01 by the board include the cost of inspections under AS 08.13.210(b), the cost of 02 developing and adopting regulations under AS 44.46.020 for barbershop, hairdressing, 03 hair braiding, manicuring, esthetics, body piercing, ear piercing, [AND] tattooing, 04 and permanent cosmetic coloring establishments, and the cost to the Department of 05 Environmental Conservation of enforcing the regulations for body piercing, 06 tattooing, and permanent cosmetic coloring [THOSE REGULATIONS EXCEPT 07 FOR THE ENFORCEMENT COSTS RELATING TO EAR PIERCING] 08 establishments. The department shall set the fee levels for the issuance and renewal of 09 a practitioner's license issued under AS 08.13.100 so that the license and license 10 renewal fees are the same for all occupations regulated by the Board of Barbers and 11 Hairdressers. 12 * Sec. 2. AS 08.13.010(b) is amended to read: 13 (b) The board consists of 14 (1) one person licensed as a barber under this chapter; 15 (2) one person licensed to practice body piercing, [OR LICENSED TO 16 PRACTICE] tattooing, or [AND] permanent cosmetic coloring under this chapter; 17 (3) two persons licensed as hairdressers under this chapter, one of 18 whom is also licensed as an esthetician under this chapter; 19 (4) one public member; 20 (5) one person licensed to practice manicuring under this chapter; and 21 (6) one person licensed to practice any activity licensed under this 22 chapter. 23 * Sec. 3. AS 08.13.030 is amended to read: 24 Sec. 08.13.030. Powers and duties of the board. (a) The board shall exercise 25 general control over the vocations of barbering, hairdressing, hair braiding, 26 manicuring, esthetics, [AND] body piercing, [AND THE VOCATION OF] tattooing, 27 and permanent cosmetic coloring. 28 (b) The board shall 29 (1) examine applicants and approve the issuance of licenses and 30 permits to practice; 31 (2) authorize the issuance of licenses for schools of barbering,
01 hairdressing, manicuring, and esthetics; 02 (3) develop written instructions and notices that tattooing, [AND] 03 permanent cosmetic coloring, [SHOP OWNERS AND PRACTITIONERS] and body 04 piercing shop owners and practitioners are required to give or display under 05 AS 08.13.215; 06 (4) enforce the provisions of this chapter, regulations adopted 07 under this chapter, and regulations relating to barbering, hairdressing, hair 08 braiding, manicuring, and esthetics adopted under AS 44.46.020(a)(5)(C). 09 (c) The board may 10 (1) suspend or revoke a license or permit; 11 (2) on its own motion or upon receipt of a written complaint, conduct 12 hearings and request the 13 (A) Department of Commerce, Community, and Economic 14 Development [OR THE DEPARTMENT OF ENVIRONMENTAL 15 CONSERVATION] to investigate the practices of a person, shop, or school 16 involved in the practice or teaching of barbering, hairdressing, hair braiding, 17 manicuring, or esthetics; or 18 (B) Department of Commerce, Community, and Economic 19 Development or the Department of Environmental Conservation to 20 investigate the practices of a person, shop, or school involved in the 21 practice or teaching of [,] body piercing, [OR] tattooing, or [AND] 22 permanent cosmetic coloring; 23 (3) adopt regulations or do any act necessary to carry out the 24 provisions of this chapter. 25 * Sec. 4. AS 08.13.040 is amended by adding a new subsection to read: 26 (b) The board may not require a person applying for a limited license to 27 practice non-chemical barbering under AS 08.13.100(f) to take an examination that 28 tests the person's knowledge of chemical processes, including permanent waving, 29 bleaching, coloring, or chemical straightening. 30 * Sec. 5. AS 08.13.070 is amended to read: 31 Sec. 08.13.070. License required. A person may not
01 (1) practice barbering, hairdressing, hair braiding, manicuring, 02 esthetics, body piercing, [OR] tattooing, or [AND] permanent cosmetic coloring 03 without a license, temporary permit, temporary license, or student permit unless 04 exempted under AS 08.13.160(d); 05 (2) practice barbering, hairdressing, hair braiding, manicuring, 06 esthetics, body piercing, [OR] tattooing, or [AND] permanent cosmetic coloring 07 except in a shop or school licensed under this chapter unless exempted under 08 AS 08.13.160(d) or permitted under AS 08.13.160(e); 09 (3) open or conduct a school of barbering, hairdressing, manicuring, or 10 esthetics without a license; 11 (4) teach in a school of barbering, hairdressing, manicuring, or 12 esthetics, or supervise an apprentice in barbering, hairdressing, manicuring, or 13 esthetics without an instructor's license; 14 (5) operate a shop in violation of AS 08.13.120; 15 (6) permit an employee or other person being supervised who is not 16 exempted under AS 08.13.160(d) to practice barbering, hairdressing, hair braiding, 17 manicuring, esthetics, body piercing, [OR] tattooing, or [AND] permanent cosmetic 18 coloring without a license, temporary permit, temporary license, or student permit; 19 (7) permit the use of the person's license, temporary permit, temporary 20 license, or student permit by another person; 21 (8) obtain or attempt to obtain a license, temporary permit, temporary 22 license, or student permit by fraudulent means. 23 * Sec. 6. AS 08.13.080(a) is amended to read: 24 (a) An applicant for an 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; the 28 curriculum may be limited for non-chemical barbering under AS 08.13.100(f): 29 (2) have successfully completed all courses that a school with a 30 curriculum in hairdressing approved by the board is required to teach to be licensed 31 under AS 08.13.110 if applying for a license to practice hairdressing;
01 (3) have successfully completed all courses that a school with a 02 curriculum in esthetics approved by the board is required to teach in order to be 03 licensed under AS 08.13.110 if applying for a license to practice esthetics; 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 in 07 the field for one year and have completed 600 hours of student training as an instructor 08 in the field of practice from a licensed school with a curriculum approved by the board 09 if applying for a license as an instructor, except that a person licensed as an instructor 10 in hairdressing may be an instructor in manicuring for courses that satisfy the 11 requirements of (e) of this section, and the board may, by regulation, establish 12 requirements for other manicuring instructors, including instructors who teach courses 13 that satisfy requirements for an advanced manicurist endorsement; or 14 (6) have completed course work and, if applicable, an apprenticeship 15 acceptable to the board. 16 * Sec. 7. AS 08.13.080(d) is amended to read: 17 (d) An applicant for a license to practice body piercing, [OR A LICENSE TO 18 PRACTICE] tattooing, or [AND] permanent cosmetic coloring shall 19 (1) satisfy the training requirement of AS 08.13.082(d); 20 (2) by passing a written examination approved by the board, 21 demonstrate to the board or the board's designee safety, sanitation, sterilization, 22 [AND] aseptic, and practice techniques that indicate that the applicant has adequate 23 knowledge of infection control practices and requirements relating [EITHER] to 24 tattooing, [AND] permanent cosmetic coloring, or [TO] body piercing, as applicable; 25 this demonstration may, at the option of the board, also include a practical 26 examination in addition to the written examination; and 27 (3) pay the appropriate fee. 28 * Sec. 8. AS 08.13.080 is amended by adding a new subsection to read: 29 (g) An applicant for a license to practice hair braiding shall 30 (1) apply in writing on a form prescribed by the board; 31 (2) complete, to the satisfaction of the board, 35 hours of instruction in
01 hair braiding, health, safety, and sanitation 02 (A) at an accredited school of hairdressing; 03 (B) at a professional association of hairdressing or hair 04 braiding; or 05 (C) from an individual or school licensed under this chapter 06 and approved by the board; and 07 (3) pay the appropriate fee. 08 * Sec. 9. AS 08.13.082(a) is amended to read: 09 (a) The period of apprenticeship required to qualify an applicant for a license 10 to practice barbering is 2,000 hours. The apprenticeship must be served in a shop 11 approved by the board. The apprenticeship may not be completed in less than 12 12 months from the date of its commencement and must be completed in not more than 13 two years from the date of its commencement. The board may set by regulation a 14 period of apprenticeship of less than 2,000 hours for an applicant for a license to 15 practice non-chemical barbering. The board may not require an applicant for a 16 license to practice non-chemical barbering under AS 08.13.100(f) to perform 17 apprenticeship hours or practical operations relating to chemical processes, 18 including permanent waving, bleaching, coloring, or chemical straightening. 19 * Sec. 10. AS 08.13.082(d) is amended to read: 20 (d) The number of hours of training required to qualify an applicant for a 21 license to practice [EITHER] tattooing, [AND] permanent cosmetic coloring, or body 22 piercing shall be set by the board in regulations. The trainee must be at least 18 years 23 of age when the training commences. The training required under this subsection 24 (1) may only be received 25 (A) in a licensed shop in this state under a person who has a 26 practitioner's license under this chapter in the field in which the trainee seeks 27 training; or 28 (B) outside the state from a person approved by the board at a 29 site approved by the board; 30 (2) must include at least 12 hours of training in safety, sanitation, 31 sterilization, aseptic, and other practices necessary to prevent transmission of diseases
01 and infection; 02 (3) shall be completed in not more than 12 months from the date of its 03 commencement; and 04 (4) shall be documented by certification from the trainer that the 05 training was successfully completed by the trainee. 06 * Sec. 11. AS 08.13.100(a) is amended to read: 07 (a) The board shall authorize the issuance of a license for the practice of 08 barbering, hairdressing, or esthetics to each qualified applicant who has passed an 09 examination under AS 08.13.090 and meets other applicable requirements under this 10 chapter. The board shall authorize the issuance of a license for the practice of 11 tattooing, [AND] permanent cosmetic coloring, or [FOR] body piercing to each 12 applicant who has satisfied the requirements of AS 08.13.080(d). The board shall 13 authorize the issuance of a license to practice manicuring to each applicant who has 14 satisfied the requirements of AS 08.13.080(e). The board shall authorize the issuance 15 of an endorsement to a license to practice manicuring or hairdressing indicating that 16 the person is an advanced manicurist to each applicant who has satisfied the 17 requirements of AS 08.13.080(f). The board shall authorize the issuance of a 18 license for the practice of hair braiding to each applicant who has satisfied the 19 requirements of AS 08.13.080(g). 20 * Sec. 12. AS 08.13.100(b) is amended to read: 21 (b) A practitioner license must state the areas of practice (barbering, non- 22 chemical barbering, hairdressing, hair braiding, manicuring, esthetics, tattooing, 23 [AND] permanent cosmetic coloring, or body piercing) that the practitioner is 24 qualified to perform. 25 * Sec. 13. AS 08.13.100(d) is amended to read: 26 (d) A person who holds a current valid license from a board of barbering, 27 hairdressing, manicuring, or esthetics in another state or who is licensed by another 28 state to practice hair braiding, tattooing, [AND] permanent cosmetic coloring, or [TO 29 PRACTICE] body piercing is entitled to a license or endorsement under this chapter 30 without examination or a new period of training in this state. An application must 31 include
01 (1) proof of a valid license issued by another licensing jurisdiction; and 02 (2) proof of completed training, testing, and working experience that 03 the board finds to meet the minimum requirements of this state. 04 * Sec. 14. AS 08.13.100 is amended by adding a new subsection to read: 05 (f) The board shall by regulation create an area of limited professional 06 licensing in the field of barbering for non-chemical barbering that allows a person to 07 practice barbering without the use of chemicals and chemical processes. The limitation 08 must be stated on the license. 09 * Sec. 15. AS 08.13.120 is amended to read: 10 Sec. 08.13.120. Shop license. (a) The board shall adopt regulations for the 11 licensing of shops. The regulations must require that a shop for tattooing, [AND] 12 permanent cosmetic coloring, or [FOR] body piercing be inspected and certified by the 13 Department of Environmental Conservation as being in compliance with the 14 regulations adopted under AS 44.46.020 before a shop license may be issued under 15 this subsection. A shop owner shall be licensed to operate a shop without examination, 16 but, unless the shop owner is a practitioner, the shop owner may not conduct business 17 without employing a manager who is a practitioner. This subsection does not apply to 18 a shop for the practice of barbering, hairdressing, hair braiding, or esthetics located 19 in a community having a population of less than 1,000 people that is not within 25 20 miles of a community of more than 1,000 people. 21 (b) The regulations adopted under (a) of this section must include provisions 22 under which the board may issue a temporary shop license to a person who has a 23 license or temporary permit under this chapter to practice tattooing, [AND] permanent 24 cosmetic coloring, or [TO PRACTICE] body piercing. The temporary shop license 25 authorized under this subsection may only be issued to cover a site where the 26 practitioner intends to hold a workshop or to demonstrate techniques as part of a 27 convention or other special event, as defined by the board, that includes other 28 practitioners of tattooing, [AND] permanent cosmetic coloring, or body piercing. Each 29 practitioner of tattooing, [AND] permanent cosmetic coloring, or body piercing who 30 holds a workshop or demonstrates techniques at a convention or special event shall 31 have a separate temporary shop license and a license or temporary permit under this
01 chapter to practice tattooing, [AND] permanent cosmetic coloring, or body piercing. 02 The board shall issue a temporary shop license upon receipt of an application from a 03 practitioner demonstrating compliance with the regulations adopted under this section 04 and payment of the appropriate fee; however, the temporary shop license may be 05 summarily revoked, without refunding of the fee, if the Department of Environmental 06 Conservation determines after an inspection that the cleanliness or sanitation 07 conditions at the site covered by the temporary license pose a clear and immediate 08 danger to the public health or safety. A licensee may appeal a summary revocation 09 under this subsection to the superior court. 10 * Sec. 16. AS 08.13.130(a) is amended to read: 11 (a) A practitioner shall display the practitioner's license in a conspicuous 12 location in the practitioner's place of business. Each shop owner is responsible for the 13 conspicuous display of the shop's license and the licenses of employees and 14 individuals renting booths in the shop. A person holding a student permit, 15 temporary license, or temporary permit shall display the permit or license in a 16 conspicuous location in the school in which the person is enrolled or the shop in which 17 the person works. The school or shop owner is responsible for the display of a permit 18 or license for each enrolled student, apprentice, or temporary license holder. 19 * Sec. 17. AS 08.13.160(d) is amended to read: 20 (d) The licensing and permit provisions of this chapter do not apply to 21 (1) a person practicing barbering, hairdressing, hair braiding, 22 manicuring, or esthetics in a community having a population of less than 1,000 people 23 that is not within 25 miles of a community of more than 1,000 people and who does 24 not use chemicals or uses only chemicals available to the general public; 25 (2) a licensed health care professional; 26 (3) a person licensed by another licensing jurisdiction in a field of 27 practice licensed by this chapter while demonstrating techniques or products to 28 persons holding licenses or permits under this chapter; 29 (4) a person practicing tattooing, [AND] permanent cosmetic coloring, 30 or body piercing solely on the person's own body; 31 (5) the practice of manicuring by a student as part of instruction in a
01 12-hour course approved under AS 08.13.110(d). 02 * Sec. 18. AS 08.13.160(e) is amended to read: 03 (e) The board shall adopt regulations to permit a person licensed under this 04 chapter to practice barbering, hairdressing, hair braiding, manicuring, or esthetics 05 outside a licensed shop or school for limited purposes including 06 (1) care of clients confined to an institution or health care facility; 07 (2) care of clients with limited mobility; 08 (3) participation in charitable events; and 09 (4) participation in workshops or demonstrations of techniques or 10 products. 11 * Sec. 19. AS 08.13.160(f) is amended to read: 12 (f) A person licensed under this chapter to practice hairdressing is considered 13 to be licensed to practice manicuring, hair braiding, and limited esthetics under the 14 same license. 15 * Sec. 20. AS 08.13.170 is amended to read: 16 Sec. 08.13.170. Temporary permits. The department shall issue a temporary 17 permit to an applicant for licensing who holds a license to practice barbering, 18 hairdressing, hair braiding, manicuring, esthetics, tattooing, [AND] permanent 19 cosmetic coloring, or body piercing in another state. The permit is valid until the board 20 either issues a permanent license or rejects the application. The board shall act on an 21 application within six months. 22 * Sec. 21. AS 08.13.180 is amended to read: 23 Sec. 08.13.180. Student permits. A person attending a licensed school of 24 barbering, hairdressing, manicuring, or esthetics and a person apprenticed to a licensed 25 instructor in a shop approved by the board or receiving training from a practitioner of 26 tattooing, [AND] permanent cosmetic coloring, or body piercing shall obtain a student 27 permit. A student permit to practice barbering or hairdressing is valid for two years. A 28 student permit to practice esthetics, tattooing, [AND] permanent cosmetic coloring, or 29 body piercing is valid for one year. A student permit may not be renewed, but, upon 30 application, the board may issue a new permit to the same person or extend an expired 31 permit to the date of the next scheduled examination. Credit earned under an expired
01 student permit may be transferred to a new permit as determined by the board. 02 * Sec. 22. AS 08.13.185(a) is amended to read: 03 (a) The Department of Commerce, Community, and Economic Development 04 shall set fees under AS 08.01.065 for initial licenses and renewals for the following: 05 (1) schools; 06 (2) school owners; 07 (3) instructor; 08 (4) shop owner; 09 (5) practitioner of barbering; 10 (6) practitioner of hairdressing; 11 (7) practitioner of manicuring; 12 (8) practitioner of esthetics; 13 (9) practitioner of tattooing [AND PERMANENT COSMETIC 14 COLORING]; 15 (10) practitioner of body piercing; 16 (11) temporary shop license; 17 (12) temporary permit; 18 (13) temporary license; 19 (14) student permit; 20 (15) endorsement for advanced manicuring; 21 (16) practitioner of hair braiding; 22 (17) practitioner of permanent cosmetic coloring; 23 (18) practitioner of non-chemical barbering. 24 * Sec. 23. AS 08.13.190(a) is amended to read: 25 (a) A person who practices barbering, hairdressing, hair braiding, esthetics, 26 tattooing, [AND] permanent cosmetic coloring, or body piercing, or operates a shop, 27 or operates a school of barbering, hairdressing, or esthetics, or teaches in a school of 28 barbering, hairdressing, or esthetics, without a license, temporary permit, temporary 29 license, or student permit and who is not exempt under AS 08.13.120 or under 30 AS 08.13.160(d) is guilty of a class B misdemeanor. 31 * Sec. 24. AS 08.13.210 is amended to read:
01 Sec. 08.13.210. Health and sanitary conditions. (a) Health and sanitary 02 conditions in shops and schools of 03 (1) barbering, hairdressing, hair braiding, manicuring, and esthetics 04 shall be supervised by the board; 05 (2) [,] tattooing, [AND] permanent cosmetic coloring, and body 06 piercing shall be supervised by the Department of Environmental Conservation. 07 (b) The Department of Environmental Conservation shall conduct an annual 08 inspection of each shop licensed for the practice of tattooing, [AND] permanent 09 cosmetic coloring, or [FOR THE PRACTICE OF] body piercing to ensure that the 10 shop meets the department's standards of cleanliness and sanitation established under 11 AS 44.46.020. If the Department of Environmental Conservation determines that the 12 shop is not in compliance with a regulation of the department, the department shall 13 report the violation to the board and take appropriate action under its own regulations. 14 * Sec. 25. AS 08.13.215 is amended to read: 15 Sec. 08.13.215. Notification requirements for tattooing, [AND] permanent 16 cosmetic coloring, and [FOR] body piercing. (a) Before performing a tattooing, 17 [AND] permanent cosmetic coloring, [PROCEDURE] or [A] body piercing procedure 18 on a client, a practitioner shall give written educational information, approved by the 19 board, to the client. 20 (b) After completing a tattooing, [AND] permanent cosmetic coloring, 21 [PROCEDURE] or [A] body piercing procedure on a client, the practitioner shall give 22 written aftercare instructions, approved by the board, to the client. The written 23 instructions 24 (1) must include advice to the client to consult a physician at the first 25 sign of infection; 26 (2) must contain the name, address, and telephone number of the shop 27 where the procedure was performed; 28 (3) shall be signed and dated by the client and the practitioner; the 29 practitioner shall keep the original and provide a copy to the client. 30 (c) The owner of a shop for tattooing, [AND] permanent cosmetic coloring, or 31 [FOR] body piercing shall prominently display
01 (1) a copy of the statement provided by the board under 02 AS 08.13.030(b) that advises the public of the health risks and possible consequences 03 of tattooing, [AND] permanent cosmetic coloring, or body piercing, as applicable; 04 (2) the names, addresses, and telephone numbers of the Department of 05 Commerce, Community, and Economic Development and the Department of 06 Environmental Conservation and a description of how a complaint about the shop or a 07 practitioner in the shop may be filed with either entity or with the board. 08 * Sec. 26. AS 08.13.217(a) is amended to read: 09 (a) A person may not practice tattooing or [AND] permanent cosmetic 10 coloring on a minor. 11 * Sec. 27. AS 08.13.220(10) is amended to read: 12 (10) "practitioner" means a person licensed to practice barbering, non- 13 chemical barbering, hairdressing, hair braiding, manicuring, esthetics, tattooing, 14 [AND] permanent cosmetic coloring, or body piercing under this chapter; 15 * Sec. 28. AS 08.13.220(12) is amended to read: 16 (12) "shop" is an establishment operated for the purpose of engaging in 17 barbering, hairdressing, hair braiding, manicuring, esthetics, tattooing, [AND] 18 permanent cosmetic coloring, or body piercing; 19 * Sec. 29. AS 08.13.220(13) is amended to read: 20 (13) "tattooing [AND PERMANENT COSMETIC COLORING]" 21 means the process by which the skin is marked or colored to form indelible marks, 22 figures, or decorative designs for nonmedical purposes by inserting or ingraining 23 an indelible pigment into or onto [INSERTION OF NONTOXIC DYES OR 24 PIGMENTS INTO THE DERMAL LAYER OF] the skin, microblading, or 25 microneedling [SO AS TO FORM INDELIBLE MARKS, FIGURES, OR 26 DECORATIVE DESIGNS FOR NONMEDICAL PURPOSES]. 27 * Sec. 30. AS 08.13.220 is amended by adding new paragraphs to read: 28 (14) "hair braiding" means braiding natural hair, natural fibers, 29 synthetic fibers, and hair extensions, trimming hair extensions for braiding purposes, 30 and attaching natural and synthetic hair by braiding for cosmetic purposes and for a 31 fee; "hair braiding" does not include styling wigs or making wigs;
01 (15) "non-chemical barbering" means shaving, trimming, cutting, 02 styling, or curling the beard or hair of a living person for a fee and for cosmetic 03 purposes; 04 (16) "permanent cosmetic coloring" means tattooing for the purpose of 05 simulating hair or makeup, such as permanent eyeliner, lip color, eyebrows, and 06 eyeshadow. 07 * Sec. 31. AS 44.46.020 is amended to read: 08 Sec. 44.46.020. Duties of department. (a) The Department of Environmental 09 Conservation shall 10 (1) have primary responsibility for coordination and development of 11 policies, programs, and planning related to the environment of the state and of the 12 various regions of the state; 13 (2) have primary responsibility for the adoption and enforcement of 14 regulations setting standards for the prevention and abatement of all water, land, 15 subsurface land, and air pollution, and other sources or potential sources of pollution 16 of the environment, including by way of example only, petroleum and natural gas 17 pipelines; 18 (3) promote and develop programs for the protection and control of the 19 environment of the state; 20 (4) take actions that are necessary and proper to further the policy 21 declared in AS 46.03.010; 22 (5) adopt regulations for 23 (A) the prevention and control of public health nuisances; 24 (B) the regulation of sanitation and sanitary practices in the 25 interest of public health; 26 (C) standards of cleanliness and sanitation in connection with 27 the construction, operation, and maintenance of a camp, cannery, food 28 handling establishment, food manufacturing plant, mattress manufacturing 29 establishment, industrial plant, school, barbershop, hairdressing, hair 30 braiding, manicuring, esthetics, tattooing, [AND] permanent cosmetic 31 coloring, body piercing, or ear piercing establishment, soft drink establishment,
01 beer and wine dispensaries, and for other similar establishments in which lack 02 of sanitation may create a condition that causes disease; 03 (D) the regulation of quality and purity of commercially 04 compressed air sold for human respiration. 05 (b) The department's regulations for tattooing, [AND] permanent cosmetic 06 coloring shops, and [FOR] body piercing shops must include requirements that 07 (1) the shop be equipped with appropriate sterilizing equipment, with 08 availability of hot and cold running water, and with an appropriate waste receptacle; 09 (2) the owner of the shop is responsible for ensuring that case history 10 cards are kept for each client for a period of three years after the client's most recent 11 tattooing, [AND] permanent cosmetic coloring, or body piercing; 12 (3) a practitioner in the shop may use only instruments for tattooing, 13 [AND] permanent cosmetic coloring, or body piercing that have been sterilized in 14 accordance with methods approved by the department. 15 * Sec. 32. AS 45.55.060(a) is amended to read: 16 (a) The administrator may by order deny, suspend, or revoke a registration if 17 the administrator finds that the order is in the public interest and that the applicant or 18 registrant or, in the case of a broker-dealer or state investment adviser, a partner, 19 officer, or director, a person occupying a similar status or performing similar 20 functions, or a person directly or indirectly controlling the broker-dealer or state 21 investment adviser 22 (1) has filed an application for registration that, as of its effective date, 23 or as of a date after filing in the case of an order denying effectiveness, was 24 incomplete in a material respect or contained a statement that was, in light of the 25 circumstances under which it was made, false or misleading with respect to a material 26 fact; 27 (2) has wilfully or repeatedly violated, or failed to comply with, a 28 provision of this chapter or a regulation or order under this chapter; 29 (3) has been convicted, within the past 10 years, of a misdemeanor 30 involving a security or an aspect of the securities business or a felony; in this 31 paragraph, "convicted" includes a finding of guilt based on a verdict, judgment, plea
01 of guilty, or plea of nolo contendere, if the verdict, judgment, or plea has not been 02 reversed, set aside, or withdrawn, regardless of whether sentence has been imposed; 03 (4) is permanently or temporarily enjoined by a court from engaging in 04 or continuing conduct or a practice involving an aspect of the securities business; 05 (5) is the subject of an order of the administrator denying, suspending, 06 or revoking registration as a broker-dealer, agent, state investment adviser, or 07 investment adviser representative; 08 (6) is the subject of an order entered within the past five years by the 09 securities administrator of another state or by the United States Securities and 10 Exchange Commission denying or revoking registration as a broker-dealer, agent, 11 state investment adviser, investment adviser representative, or the substantial 12 equivalent of those terms as defined in this chapter, or is the subject of an order of the 13 United States Securities and Exchange Commission suspending or expelling the 14 person from a national securities exchange or national securities association registered 15 under 15 U.S.C. 78a - 78lll (Securities Exchange Act of 1934), or is the subject of a 16 United States Postal Service fraud order; but the administrator may not 17 (A) institute a revocation or suspension proceeding under this 18 paragraph more than one year from the date of the order relied on; and 19 (B) enter an order under this paragraph on the basis of an order 20 under another state act unless that order was based on facts that would 21 currently constitute a ground for an order under this section; 22 (7) has engaged in dishonest or unethical practices or conduct in the 23 securities or investment advisory business; 24 (8) is insolvent, in the sense that liabilities exceed assets, that 25 obligations cannot be met as they mature, or that the business cannot be continued 26 safely for the customers of the applicant or registrant, but the administrator may not 27 enter an order against a broker-dealer or state investment adviser under this paragraph 28 without a finding of insolvency as to the broker-dealer or state investment adviser; 29 (9) is not qualified on the basis of such factors as training, experience, 30 and knowledge of the securities business, except as otherwise provided in (d) of this 31 section;
01 (10) has failed to comply with the requirements of AS 45.55.050 to 02 make, keep, or produce records required by the administrator, or to file financial 03 reports or other information the administrator by regulation or order may require; or 04 (11) is a person [WHOSE LICENSE RENEWAL IS DENIED 05 UNDER AS 14.43.148 OR] whose license issuance or renewal is denied under 06 AS 25.27.244. 07 * Sec. 33. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TRANSITION: REGULATIONS. The Board of Barbers and Hairdressers and the 10 Department of Commerce, Community, and Economic Development may adopt regulations 11 necessary to implement the changes made by this Act. The regulations take effect under 12 AS 44.62 (Administrative Procedure Act), but not before the effective date of the relevant 13 provision of this Act implemented by the regulation. 14 * Sec. 34. AS 14.43.145(a)(4), 14.43.148; and AS 21.27.390(d) are repealed. 15 * Sec. 35. Section 33 of this Act takes effect immediately under AS 01.10.070(c). 16 * Sec. 36. Except as provided in sec. 35 of this Act, this Act takes effect January 1, 2019.