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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled SB 4                                                                                                           
01 Relating to the Board of Barbers and Hairdressers; relating to manicuring; relating to a limited                        
02 license to practice non-chemical barbering; relating to a license to practice hair braiding;                            
03 relating to tattooing; relating to permanent cosmetic coloring; relating to the Department of                           
04 Environmental Conservation; relating to nonrenewal of occupational licenses for default on a                            
05 student loan; and providing for an effective date.                                                                      
06                           _______________                                                                               
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 secs. 1 - 31 of this Act. The regulations take                               
12 effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of the                          
13 relevant 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.                         
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