Legislature(1999 - 2000)
04/26/1999 03:25 PM House L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CSSB 51(L&C) - LICENSING OF COSMETOLOGISTS Number 0651 CHAIRMAN ROKEBERG announced the committee's next order of business is 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." The chairman requested that Representative Brice provide the subcommittee report on SB 51 [subcommittee: Representatives Brice (chair), Murkowski and Cissna]. Number 0674 REPRESENTATIVE BRICE moved to adopt the proposed Version K House committee substitute (CS) for CSSB 51(L&C) as the working document before the committee. Version K was labeled 1-LS0378\K, Lauterbach, 4/21/99. CHAIRMAN ROKEBERG asked if there were any objections. There being none, Version K was adopted. REPRESENTATIVE BRICE said the subcommittee looked at a number of issues, primarily some of the concerns raised by the chairman relating to competency testing and postsecondary education loans. In Sections 3 and 6 of Version K, the subcommittee addressed the question of testing for the course. It has been clarified that a test can be administered by the school, not the state, to show completion of the 12-hour course. In Section 10, some superfluous language relating to credential investigation fees was deleted. No one charges or administers credential investigation fees so that was removed from the legislation. Additionally, an Alaska-licensed hairdresser does manicure work as part of that hairdresser's license, sometimes in the range of 200 to 300 hours, and is tested for competency in that area as part of state regulation. The subcommittee thought it was a bit redundant to require these people who have gone above and beyond the provisions of the 12-hour manicurist's course to go back and obtain a manicurist's license after receiving the hairdresser's license. CHAIRMAN ROKEBERG confirmed from Representative Brice that is already in the requirements for hairdressers. The chairman questioned how many hours are included within the hairdresser's [license]. Number 0796 REPRESENTATIVE BRICE answered that some schools are from 200 to 300 hours, here in Alaska. In order to receive a hairdresser's license, an individual must successfully complete 15 [manicure] applications. This is a standard established in regulation. Therefore, Representative Brice noted, the Board of Barbers and Hairdressers has recognized through the hairdresser requirements and regulations the importance of manicurists and ensuring that they are adequately trained. Representative Brice indicated Section 13 clarifies that the 12-hour basic health, safety and hygiene course should be geared toward the concerns of the manicurist as well as the customer because the manicurist is the one exposed to the chemicals and the dust. He indicated the dust can cause "white lung." Additionally, the subcommittee attempted to clarify in Version K that the manicurist's license does not show competency, it only shows course completion in health, hygiene, and safety issues. Representative Brice emphasized it was a big concern not to provide a statement that an individual has shown or passed any competency requirements to practice manicuring. The license should say the individual has completed a 12-hour course on health, safety, and hygiene for both the manicurist and the customer. Number 0905 CHAIRMAN ROKEBERG confirmed the hairdressers are the only ones exempted from the 12-hour course. He further confirmed that anyone else currently practicing manicuring is required to take the 12-hour course. The chairman confirmed from Representative Brice that was one of the Senate's intention and is a positive note in terms of the transition. Chairman Rokeberg questioned if the hairdressers are grandfathered in for the 12 hours of health training. REPRESENTATIVE BRICE answered in the affirmative; hairdressers are grandfathered in for the 12 hours because that training takes place within the core curriculum of hairdressing. However, no one else is exempted. Representative Brice indicated state licensure, showing that a person has successfully completed a course in health, safety and hygiene concerns, will be required for the practice of manicure. He further indicated the penalty in Version K for failure to complete the 12-hour course and obtain licensure is a violation enforceable by the Department of Environmental Conservation (DEC). Representative Brice noted the quality of the 12-hour course was not addressed by the subcommittee. That is the core policy argument the chairman is currently aware of: Is it possible to teach health, safety, and hygiene concerns as they relate to manicure in 12 hours? The subcommittee did not arrive at a consensus on this point. Representative Brice said his feeling is anything less than 50 or 60 hours is "pretty much just blowing in the wind." He recognized the sponsor's desire to keep the length of time to a bare minimum, which resulted in the 12 hours. However, the course still does not address application or more than 12 hours worth of the importance of health, safety, and hygiene concerns. That is the one major outstanding issue. REPRESENTATIVE BRICE indicated the subcommittee had spoken with Diane Barrans, Executive Director, Alaska Commission on Postsecondary Education (ACPE), Department of Education ["student loans"]. Ms. Barrans had informed the subcommittee that the minimum length of a program to meet eligibility requirements for a student loan is generally six weeks. Therefore, this program would not be eligible for student loans. Representative Brice explained he believes some of the reasons the subcommittee did not address competency and the length of the course were because the legislation's title is fairly strictly written. [CSSB 51(L&C), "... 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 ...."]. Representative Brice said that he did not necessarily want to come back with a recommendation which would create title problems although he believes, as a full committee, they do want to address that. Number 1073 CHAIRMAN ROKEBERG thanked the subcommittee for its work and confirmed the committee had no questions. The chairman commented he has been in communication with the bill sponsor, Representative Brice and other interested parties. Chairman Rokeberg said, "It appears that the requirements of less than six weeks and there's some timing there, we thought about coming up with something that -- there is a 30-hour weekly course minimum, so if we can get 30 hours in that'd be a full week. So, it looks like we're thinking of something less than 180 hours to meet the statute." He informed everyone work would be done with the sponsor in order to reach an agreement on a title change and increase the [course] hours while keeping the hours below the threshold allowing a student loan. The chairman noted he thinks that is the sponsor's primary objective. With that, Chairman Rokeberg indicated the committee would hold CSSB 51(L&C) over in order to allow the Senate to review the suggested changes. REPRESENTATIVE HALCRO questioned if the intent is to make the program qualify for the student loan program. CHAIRMAN ROKEBERG answered in the negative. He indicated the intent is to increase the minimum requirements for licensure, mentioning the possible need for a grandfathering provision. Number 1165 REPRESENTATIVE BRICE informed the committee some of the comments he received from people in Fairbanks were for a 30-hour application and a 30-hour classroom program, for a total of 60 hours of training, as a bare minimum. Others discussed a program of up to 100 hours. Representative Brice noted that in review of other state statistics, up to 500 hours are required for this area. There are some serious associated health risks. REPRESENTATIVE HALCRO asked if that was only referring to manicurists. REPRESENTATIVE BRICE answered in the affirmative. He indicated 300 hours is required for a nail technician in Alabama, 350 hours for a nail technician in Arizona, and 240 hours for a nail specialist in Florida. CHAIRMAN ROKEBERG noted that would be the intention, to come to some agreement with the Senate. The chairman identified the following issues to be addressed: determining the level at which existing businesses doing manicuring can continue, and increasing the hours of the course which would require a title change in the legislation. Chairman Rokeberg restated that SB 51 would be held.
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