Legislature(1999 - 2000)
05/05/1999 03:19 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 1625 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 stated the K Version [proposed committee substitute (CS) 1-LS0378\K, Lauterbach, 4/21/99] had been formally adopted by the committee and is before it. He invited the bill sponsor's representative forward to speak about the K.1 amendment. Number 1641 DOUG SALIK, Researcher for Senator Tim Kelly, Alaska State Legislature, came forward as the aide to the Senate Community and Regional Affairs Standing Committee, the bill sponsor. The K.1 amendment has been drafted for clarification and as an attempt to solve some of the concerns brought to the Senate Community and Regional Affairs Committee regarding Senate Bill 51. Mr. Salik indicated the amendment does not follow the Senate Community and Regional Affairs Committee's wishes exactly; a few things were missed and a few things included in error. The K.1 amendment's intent is to allow a second-tier manicurist licensing, an advanced manicurist licensing. The creation of a 250-hour class would be allowed. In the original legislation, a person would be certified for health, safety and hygiene with a 12-hour class. Mr. Salik indicated this amendment would allow a person to receive additional licensing as an advanced manicurist through a further 250-hour course concerning more technical procedures in manicuring. Mr. Salik wished Ms. Reardon [Director, Division of Occupational Licensing, Department of Commerce and Economic Development] to review the amendment and explain some problems she has found. REPRESENTATIVE MURKOWSKI made a motion to adopt Amendment K.1. Amendment K.1, labeled 1-LS0378\K.1, Lauterbach, 5/5/99, read [before the two subsequent amendments to the amendment]: Page 2, line 22, following "hairdressing,": Insert "advanced manicuring," Page 2, line 24, following "licensure": Insert "or endorsement" Page 2, line 27, following "manicuring": Insert"; however, nothing in this sentence prohibits the board from requiring a licensed manicurist to pass an examination to obtain an optional endorsement as an advanced manicurist under AS 08.13.080(c)" Page 3, line 9, following ";": Insert "however, an instructor for hairdressing may teach in a school of manicuring if the instructor teaches only courses that satisfy the requirements of AS 08.13.110(b);" Page 4, line 9: Delete "a new subsection" Insert "new subsections" Page 4, line 12, following "course": Insert "approved under AS 08.13.110(b)" Page 4, following line 17: Insert a new subsection to read: "(c) The board shall add an endorsement to a license to practice manicuring or hairdressing indicating that the person is an advanced manicurist if the person (1) holds, or has been approved for, a current license issued under this chapter for manicuring or hairdressing; (2) requests the endorsement; (3) submits documentation from a licensed school of manicuring or hairdressing certifying completion of 250 hours of instruction in manicuring that meet the requirements of AS 08.13.110(c); (4) passes an examination given by the board for advanced manicurists; and (5) pays the appropriate fee." Page 5, line 5, following "license": Insert "or endorsement" Page 5, line 26: Delete "a new subsection" Insert "new subsections" Page 5, line 27: Delete all material and insert: "(b) The board shall issue a license to a school of manicuring if it offers" Page 5, line 28, following "training": Insert "approved by the board" Page 6, following line 4: Insert a new subsection to read: "(c) A school of manicuring may seek approval from the board for a curriculum designed to qualify students for an advanced manicurist endorsement. The board shall establish the curriculum requirements applicable under this subsection through its authority under (a) of this section." Page 6, line 15, following "manicurist": Insert "or hairdresser" Page 6, line 16, following "manicurist": Insert "or hairdresser" Page 6, line 17, following "concerns": Insert "related to the practice of manicuring" Page 6, line 29, following "(2)": Insert "the practice of manicuring by a student as part of instruction in a 12-hour course approved under AS 08.13.110(b); (3)" Page 6, line 30: Delete "(3)" Insert "(4) [(3)]" Page 6, line 31: Delete "(4)" Insert "(5) [(4)]" Page 7, line 24: Delete "manicuring," Page 7, line 27: Delete "manicuring or" Page 7, lines 30 - 31: Delete "if the permit is for the practice of barbering, hairdressing, or esthetics" Page 8, line 4, following "licenses": Insert ", endorsements," Page 8, lines 13 - 15: Delete "(9) [(8)] temporary permit; (10) temporary license; (11) [(9)] student permit." Insert "(9) endorsement for advanced manicurist; (10) [(8)] temporary permit; (11) temporary license; (12) [(9)] student permit." REPRESENTATIVE BRICE objected for purposes of discussion. CHAIRMAN ROKEBERG requested Ms. Reardon's recommendations. Number 1767 CATHERINE REARDON, Director, Division of Occupational Licensing, Department of Commerce and Economic Development (DCED), came forward. Ms. Reardon agreed to speak first to the two adjustments she would like to see to the amendment, then explain the entire amendment. 1) Ms. Reardon recommended that lines 1 through 4, page 3, of the written amendment be deleted. [Page 3, lines 1-4, Amendment K.1, read: Page 6, line 15, following "manicurist": Insert "or hairdresser" Page 6, line 16, following "manicurist": Insert "or hairdresser"] MS. REARDON explained the insertion of this language, "or hairdresser", in these two locations would require that the language for the manicurist license regarding the health, safety and hygiene training also appear on the hairdresser license, indicating that the hairdresser has taken the 12-hour manicuring course. Ms. Reardon indicated she did not think this was the sponsor's or the current committee's intent. She did note that hairdressers are allowed to practice manicuring under this legislation. CHAIRMAN ROKEBERG requested the judgement of the subcommittee. The three members of the subcommittee - Representatives Brice, Murkowski and Cissna - agreed the language should be deleted in accordance with Ms. Reardon's recommendation. Number 1848 MS. REARDON stated the other item is a conceptual amendment concerning instructors. It would replace lines 9 through 12 on page 1 of the written amendment. [Page 1, lines 9-12, Amendment K.1, read: Page 3, line 9, following ";": Insert "however, an instructor for hairdressing may teach in a school of manicuring if the instructor teaches only courses that satisfy the requirements of AS 08.13.110(b);"] MS. REARDON explained it had been realized that there would be no mechanism to have people who could instruct the manicurist course. The existing statute says that in order to instruct in any field of practice, a person must have held the license as a practitioner for, Ms. Reardon believes, 2 years and also have 600 hours of additional training. Ms. Reardon indicated no one in the state would fulfill these requirements since the manicurist license would be created with this legislation. A "catch-22" would be created where no one could instruct and therefore no one could get a license. As the amendment currently reads, an instructor for hairdressing would be allowed teach the manicuring course. Ms. Reardon believes it was the sponsor's intent to allow an instructor for hairdressing to teach the 12-hour course. The conceptual amendment would clarify that an instructor in hairdressing can automatically teach the 12-hour course, but it would be up to the board to determine by regulation the instructor requirements for the 250-hour course. MS. REARDON indicated it is probably not desirable to have hairdresser instructors, who may only have 12 hours of manicuring instruction themselves, teaching the 250-hour advanced manicuring course. It would probably be desirable to have someone who is an advanced manicurist as an instructor. Ms. Reardon further indicated she thought the sponsor felt it would be better to allow the board to determine this through regulation than to attempt to specify the exact training an advanced manicuring instructor would need. Ms. Reardon stated the suggestion would be to replace lines 9 to 12 [page 1] of the current amendment with a conceptual amendment stating, "An instructor for hairdressing ... can instruct a manicuring 12-hour course, but 'regs' [regulations] must be written to determine who can instruct the course longer than 12-hours." Ms. Reardon noted the conceptual amendment should also include any necessary conforming items. CHAIRMAN ROKEBERG confirmed Ms. Seitz, aide to the House Labor and Commerce Standing Committee, had the suggested language. He indicated the committee would move the following language. Number 1960 JANET SEITZ, Legislative Assistant to Representative Norman Rokeberg, as aide to the House Labor and Commerce Standing Committee stated, "Clarify that ... [an] instructor for hairdressing may instruct the manicuring 12-hour course, but it's up to the board to develop regulations for instructors for advanced courses. CHAIRMAN ROKEBERG noted this is in the form of a conceptual amendment. He asked if there were any objections. REPRESENTATIVE BRICE objected. He assumes there are current regulations establishing who can teach manicuring for hairdressers. MS. REARDON clarified they call those hairdresser instructors. CHAIRMAN ROKEBERG mentioned "component part." REPRESENTATIVE BRICE agreed. He suggested they say, "The board can develop their instructor requirements for both, rather than --" MS. REARDON indicated that was fine. CHAIRMAN ROKEBERG indicated the board already has regulations for hairdressers. He added, "We need some immediacy in order to get these folks (indisc.--talked over) 12 hours so..." REPRESENTATIVE BRICE talked over, "So the board's not spinning around trying to (indisc.--talked over) for the 12 hour." CHAIRMAN ROKEBERG talked over and agreed, "Right, let's not do that ... let's leave the conceptual amendment alone because that's what it does. It leaves the hairdressers in place to instruct the 12-hour certification, then it allows the board to develop the regulations to provide for the instructor qualifications for the longer course. That's what the intent..." REPRESENTATIVE BRICE agreed and added, "Which they already have, okay ...." He removed his objection. CHAIRMAN ROKEBERG confirmed there were no other objections to the first conceptual amendment to Amendment K.1, possibly designating Amendment K.1 as Amendment 1. As there was no further objection, the conceptual amendment to the amendment was adopted. Number 2040 CHAIRMAN ROKEBERG made a motion to amend Amendment K.1 by deleting lines 1 through 4 on page 3. There being no objection, it was so ordered. Number 2078 MS. REARDON proceeded to explain Amendment K.1 as amended, beginning with page 1 of the written amendment. Lines 1 through 8 are conforming adjustments to make it clear that a board examination is mandatory for the advanced manicuring endorsement. Lines 9 through 12 have been replaced with the conceptual amendment. Lines 13 through 15 corrects grammar because there will now be two sections. Lines 16 and 17 refer to the 12-hour course; documentation must be submitted that a person has completed a manicuring course approved under the manicuring school licensing section. Lines 18 and 19 on page 1 and lines 1 through 11 on page 2 describe the requirements for the advanced manicuring endorsement. Ms. Reardon indicated she thinks this is the core of the sponsor's intent with this "bill" [amendment]. Number 2145 CHAIRMAN ROKEBERG questioned that the 250 hours are acceptable to Senator Tim Kelly. MR. SALIK answered in the affirmative. REPRESENTATIVE HALCRO questioned that they had gone from 12 to 250. CHAIRMAN ROKEBERG noted they had gone to 12 plus 250. REPRESENTATIVE MURKOWSKI indicated an advanced endorsement for 250 hours has been included. CHAIRMAN ROKEBERG asked about the concerns raised regarding utilization of Alaska Commission on Postsecondary Education (ACPE) [Alaska Student Loan Corporation] monies. The chairman indicated he wished to know if there was satisfaction that abuses would not be occurring. MR. SALIK answered it is correct. He said they tried to choose a number high enough that loans could be made. Mr. Salik indicated that if a large enough number of hours to cover most of the curriculum was selected but this number was under the threshold for which a student loan could be granted, a class would be created that would be too costly for people to pay for themselves but for which loans could not be received. He further indicated the number of hours chosen could allow for reciprocity with other states, would be eligible for loan monies, and would allow the majority of the advanced manicuring techniques to be covered. CHAIRMAN ROKEBERG noted, then, 250 hours had been chosen, not more or less than that. Number 2204 MR. SALIK agreed. He indicated this number had been based on other states' requirements in the interests of reciprocity for an advanced manicurist course. CHAIRMAN ROKEBERG commented this would then prohibit a course of more than 250 hours. He indicated a longer course would increase the tuition. MS. REARDON said she did not think this would prevent a school from saying it offers a 1,000-hour course, but state only has to see 250 hours to provide someone the certification. CHAIRMAN ROKEBERG indicated the issue here, however, is Alaska Student Loans. MS. REARDON said she assumes ACPE will not loan for more hours than it takes to get a license, but she is not 100 percent sure of this. She noted she is also not 100 percent sure ACPE will choose to loan on this type of program. Ms. Reardon indicated ACPE might decide the risk of non-repayment would be too high, no matter the legislation's language. CHAIRMAN ROKEBERG asked Mr. Salik if he thinks that is an accurate statement. MR. SALIK answered that is his understanding through their discussions with ACPE. He indicated the commission was hesitant, but the intent had been to not make the number of hours too high so that ACPE would completely rule out the loaning capabilities. Number 2255 REPRESENTATIVE HALCRO asked about failure to repay the loan. MR. SALIK indicated he didn't know ACPE's procedures in this situation. MS. REARDON indicated one consequence of non-repayment of an Alaska Student Loan is non-renewal of an occupational license; therefore, the person would lose the product which he/she obtained with that loan. Ms. Reardon continued with her explanation of Amendment K.1. Referring to the language, "passes an examination", on page 2, line 9, of the printed amendment, she noted this is why the earlier conforming changes on page 1 had been made. Lines 12 and 13 of page 2 refer to a section of the law which speaks about coming into the profession through "credentialling" from another state. It was the intent to make it clear that a person could credential into the advanced manicurist endorsement, as well as to the licenses, if she/he had the background. Lines 14 through 16 of page 2 are grammar. Ms. Reardon indicated the bottom of page 2 clarifies that the board will set the curriculum for the 250 hours as it does for the other programs. Lines 1 through 4 at the top of page 3 have been eliminated through the second amendment to the amendment. Continuing with page 3, lines 5 and 6 provide that the manicurist license printout will say a person's health and safety training was related to the practice of manicuring. Number 2350 REPRESENTATIVE MURKOWSKI asked if the license for the endorsed manicurist degree would be different than the regular [manicurist] license. MS. REARDON answered she perceives that someone would have a manicurist license with something additional on the license saying that person has an endorsement as an advanced manicurist. She explained that since the statute would require manicurists' licenses to say that the holder has taken the hygiene course, the advanced manicurist's license would contain that language along with the likely wording, "with an advanced manicurist endorsement". Ms. Reardon noted this is how contractor licenses with residential endorsements are handled. Returning to the explanation of the amendment, Ms. Reardon commented that lines 7 through 10 on page 3 of the printed amendment relate to the student permit. This adds an exemption for people who need to have licenses to work. It says that if someone is practicing manicuring as part of her/his 12-hour course, she/he does not have to get a student permit. The thought was that if it is only a 12-hour course, obtaining a $50 student permit from the division would only delay completion of the entire course. However, if someone is taking the 250-hour course and is actually performing manicuring at a shop as part of her/his training, she/he will have to have the manicurist license first to legally do that. Ms. Reardon commented the rest of the printed amendment's page 3 is related to the student permit situation she has described. The final page, page 4, of the printed amendment adds those endorsements as something the division can charge money for. Number 2462 CHAIRMAN ROKEBERG stated the committee has the amendment as amended before it. There being no objection, Amendment K.1, as amended, was adopted. TAPE 99-53, SIDE B Number 0001 MS. REARDON indicated that once the House CS is formally adopted, the department will be able to prepare a fiscal note for it. Because people will be paying the division for the advanced manicurist exam and the division will be purchasing the exam, the fiscal note presented to the next committee of referral [House Finance Standing Committee] will show a small amount of "pass-through money." Number 0056 REPRESENTATIVE MURKOWSKI made a motion to move the House CS [Version K], as amended, for CSSB 51(L&C) out of committee with the attached fiscal notes and individual recommendations. There being no objection, HCS CSSB 51(L&C) moved out of the House Labor and Commerce Standing Committee.
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