00 CS FOR SENATE BILL NO. 335(L&C) 01 "An Act relating to barbers, hairdressers, manicurists, and cosmetologists; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.13.010(b) is amended to read: 05  (b) The board consists of 06  (1) two persons licensed as barbers under this chapter; 07  (2) two persons licensed as hairdressers under this chapter, one of 08 whom is also licensed as  an esthetician  [A COSMETOLOGIST] under this chapter; 09 and 10  (3) one public member. 11 * Sec. 2. AS 08.13.030 is amended to read: 12  Sec. 08.13.030. Powers and duties of the board. (a) The board shall 13 exercise general control over the vocations of barbering, hairdressing,  manicuring,  and 14  esthetics  [COSMETOLOGY]. 01  (b) The board shall 02  (1) examine applicants and approve the issuance of licenses and permits 03 to practice; 04  (2) authorize the issuance of licenses for schools of barbering, 05 hairdressing,  manicuring,  and  esthetics  [COSMETOLOGY]. 06  (c) The board may 07  (1) suspend or revoke a license or permit; 08  (2) on its own motion or upon receipt of a written complaint, conduct 09 hearings and request the Department of Commerce and Economic Development to 10 investigate the practices of a person, shop, or school involved in the practice or 11 teaching of barbering, hairdressing,  manicuring,  or  esthetics  [COSMETOLOGY]; 12  (3) adopt regulations or do any act necessary to carry out the provisions 13 of this chapter. 14 * Sec. 3. AS 08.13.040 is amended to read: 15  Sec. 08.13.040. Meetings and examinations. The board shall meet as often 16 as necessary to conduct its business. It shall conduct separate examinations covering 17 each field of practice: barbering, hairdressing,  manicuring,  and  esthetics  18 [COSMETOLOGY]. Examinations shall be given at least twice in every year for each 19 field of practice for which applications for licensure are pending. An applicant may 20 take an examination in more than one field during the same testing session. 21 * Sec. 4. AS 08.13.070 is amended to read: 22  Sec. 08.13.070. License required. A person may not 23  (1) practice barbering, hairdressing,  manicuring,  or  esthetics  24 [COSMETOLOGY] without a license, temporary permit,  temporary license,  or student 25 permit unless exempted under AS 08.13.160(d); 26  (2) practice barbering, hairdressing,  manicuring,  or  esthetics  27 [COSMETOLOGY] except in a shop or school licensed under this chapter unless 28 exempted under AS 08.13.160(d) or permitted under AS 08.13.160(e); 29  (3) open or conduct a school of barbering, hairdressing,  manicuring,  30 or  esthetics  [COSMETOLOGY] without a license; 31  (4) teach in a school of barbering, hairdressing,  manicuring,  or 01  esthetics  [COSMETOLOGY], or supervise an apprentice without an instructor's 02 license; 03  (5) operate a shop in violation of AS 08.13.120; 04  (6) permit an employee or other person being supervised who is not 05 exempted under AS 08.13.160(d) to practice barbering, hairdressing,  manicuring,  or 06  esthetics  [COSMETOLOGY] without a license, temporary permit,  temporary license,  07 or student permit; 08  (7) permit the use of the person's license, temporary permit,  temporary 09 license,  or student permit by another person; 10  (8) obtain or attempt to obtain a license, temporary permit,  temporary 11 license,  or student permit by fraudulent means. 12 * Sec. 5. AS 08.13.080 is amended to read: 13  Sec. 08.13.080. Qualifications of applicants. An applicant for examination 14 must 15  (1) have successfully completed all courses that a school with a 16 curriculum in barbering approved by the board is required to teach in order to be 17 licensed under AS 08.13.110 if applying for a license to practice barbering; 18  (2) have successfully completed all courses that a school with a 19 curriculum in hairdressing approved by the board is required to teach to be licensed 20 under AS 08.13.110 if applying for a license to practice hairdressing; 21  (3) have successfully completed all courses that a school with a 22 curriculum in  esthetics  [COSMETOLOGY] approved by the board is required to teach 23 in order to be licensed under AS 08.13.110 if applying for a license to practice 24  esthetics  [COSMETOLOGY]; 25  (4)  have successfully completed all courses that a school with a 26 curriculum in manicuring approved by the board is required to teach in order to 27 be licensed under AS 08.13.110 if applying for a license to practice manicuring; 28   (5) have served an apprenticeship under AS 08.13.082; 29   (6)  [(5)] specify the field of practice in which the applicant intends to 30 teach and have held a license to practice in the field for three years or have held a 31 license in the field for one year and have completed 600 hours of student training as 01 an instructor in the field of practice from a licensed school with a curriculum approved 02 by the board if applying for a license as an instructor; or 03   (7)  [(6)] have completed a combination of course work and 04 apprenticeship acceptable to the board. 05 * Sec. 6. AS 08.13.082(c) is amended to read: 06  (c) The period of apprenticeship required to qualify an applicant for a license 07 to practice  esthetics  [COSMETOLOGY] is 350 hours. The apprenticeship must be 08 served in a shop approved by the board. The apprenticeship may not be completed in 09 less than six months from the date of its commencement and must be completed in not 10 more than one year from the date of its commencement. 11 * Sec. 7. AS 08.13.082 is amended by adding a new subsection to read: 12  (d) The period of apprenticeship required to qualify an applicant for a license 13 to practice manicuring is 350 hours. The apprenticeship may only be served in a shop 14 approved by the board. The apprenticeship may not be completed in less than six 15 months from the date of its commencement and must be completed in not more than 16 one year from the date of its commencement. 17 * Sec. 8. AS 08.13.100(b) is amended to read: 18  (b) A  practitioner license shall state the areas of practice (barbering, 19 hairdressing,  manicuring, esthetics  [COSMETOLOGY], or any combination) that the 20 practitioner is qualified to perform.  A person licensed as an instructor is considered 21 to be licensed as a practitioner, and is subject to the same requirements that a 22 practitioner is subject to, in the same area for which the person is licensed as an 23 instructor except that, for purposes of setting fees under AS 08.01.065, the 24 department shall consider instructors to be an occupation separate from 25 practitioners. An instructor license shall state the areas of practice (barbering, 26 hairdressing, manicuring, esthetics, or any combination) in which the licensee is 27 qualified to instruct and practice. 28 * Sec. 9. AS 08.13.100(c) is amended to read: 29  (c) The board may by regulation create areas of limited professional licensing 30 in the field of  esthetics  [COSMETOLOGY, EXCEPT THAT THE BOARD MAY 31 NOT RESTRICT OR OTHERWISE REGULATE THE PRACTICE OF MANICURE 01 OR PEDICURE]. Any limitation shall be stated on the license. 02 * Sec. 10. AS 08.13.100(d) is amended to read: 03  (d) A person holding a current valid license from a board of barbering, 04 hairdressing,  manicuring,  or  esthetics  [COSMETOLOGY] in another state is entitled 05 to a license under this chapter without examination in this state. An application must 06 include [:] 07  (1) proof of a valid license issued by another licensing jurisdiction; 08  (2) proof of completed training, testing ,  and working experience that 09 the board finds to meet the minimum requirements of the state; and 10  (3) payment of a credential investigation fee. 11 * Sec. 11. AS 08.13.110 is amended to read: 12  Sec. 08.13.110. School license. The board shall adopt regulations for the 13 licensing of schools of barbering, hairdressing,  manicuring,  and  esthetics  14 [COSMETOLOGY]. The regulations must include details of the curriculum, minimum 15 hours of instruction, physical condition of the facilities, and financial responsibility of 16 the owner. 17 * Sec. 12. AS 08.13.130 is amended to read: 18  Sec. 08.13.130. Display of license or permit. A practitioner shall display the 19 practitioner's license in a conspicuous location in the practitioner's place of business. 20 Each shop owner is responsible for the display of the licenses of employees. A person 21 holding a student permit , temporary license,  or temporary permit shall display the 22 permit  or license  in a conspicuous location in the school in which the person is 23 enrolled or the shop in which the  person  [APPRENTICE] works. The school or shop 24 owner is responsible for the display of a permit  or license  for each enrolled student ,  25 [OR] apprentice , or temporary license holder . 26 * Sec. 13. AS 08.13.150 is amended to read: 27  Sec. 08.13.150. Grounds for refusal, suspension , or revocation of a license 28 or permit. The board may refuse, suspend, or revoke a license, student permit, 29  temporary license,  or temporary permit for failure to comply with this chapter, with 30 a regulation adopted under this chapter, or with an order of the board. 31 * Sec. 14. AS 08.13.160(d) is amended to read: 01  (d) The licensing and permit provisions of this chapter do not apply to 02  (1) a person practicing barbering, hairdressing,  manicuring,  or 03  esthetics  [COSMETOLOGY] in a community having a population of less than 1,000 04 people that is not within 25 miles of a community of more than 1,000 people and who 05 uses only chemicals available to the general public; 06  (2) a shampoo person; 07  (3) a licensed health care professional; 08  (4) a person licensed by another licensing jurisdiction in a field of 09 practice licensed by this chapter while demonstrating techniques or products to persons 10 holding licenses or permits under this chapter. 11 * Sec. 15. AS 08.13.170 is amended to read: 12  Sec. 08.13.170. Temporary permits. The department shall issue a temporary 13 permit to an applicant for licensing who holds a license to practice as a barber, 14 hairdresser,  manicurist,  or  esthetician  [COSMETOLOGIST] in another state. The 15 permit is valid until the board either issues a permanent license or rejects the 16 application. The board shall act on an application within six months. 17 * Sec. 16. AS 08.13 is amended by adding a new section to read: 18  Sec. 08.13.175. Temporary license. A person who meets the requirements 19 of AS 08.13.080(1), (2), (3), (4), (5), or (7) is entitled to be temporarily licensed after 20 applying for examination under this chapter if the applicant works under the direct 21 supervision, and within the physical presence, of a person who is licensed in the area 22 of practice for which the applicant has applied for examination. A temporary license 23 issued under this section is valid for 120 days and is nonrenewable. A person may not 24 receive more than one temporary license for each area of practice licensed under this 25 chapter. An application for a temporary license must be signed by the supervising 26 licensee and accompanied by the temporary license fee required under AS 08.13.185. 27 * Sec. 17. AS 08.13.180 is amended to read: 28  Sec. 08.13.180. Student permits. A person attending a licensed school of 29 barbering, hairdressing,  manicuring,  or  esthetics  [COSMETOLOGY,] and a person 30 apprenticed to a licensed instructor in a shop approved by the board shall obtain a 31 student permit. A student permit to practice barbering or hairdressing is valid for two 01 years. A student permit to practice  manicuring or esthetics  [COSMETOLOGY] is 02 valid for one year. A student permit may not be renewed, but, upon application, the 03 board may issue a new permit to the same person [,] or extend an expired permit to 04 the date of the next scheduled examination. Credit earned under an expired student 05 permit may be transferred to a new permit as determined by the board. 06 * Sec. 18. AS 08.13.185(a) is amended to read: 07  (a) The Department of Commerce and Economic Development shall set fees 08 under AS 08.01.065 for initial licenses and renewals for the following: 09  (1) schools; 10  (2) school owners; 11  (3) instructor; 12  (4) shop owner; 13  (5) practitioner of barbering; 14  (6) practitioner of hairdressing; 15  (7) practitioner of  manicuring; 16  (8) practitioner of esthetics  [COSMETOLOGY]; 17   (9)  [(8)] temporary permit; 18   (10)   temporary license; 19  (11)  [(9)] student permit. 20 * Sec. 19. AS 08.13.190 is amended to read: 21  Sec. 08.13.190. Failure to possess a license or permit. A person who 22 practices barbering, hairdressing,  manicuring,  or  esthetics  [COSMETOLOGY], or 23 operates a shop, or operates a school of barbering, hairdressing,  manicuring,  or 24  esthetics  [COSMETOLOGY], or teaches in a school of barbering, hairdressing, 25  manicuring,  or  esthetics  [COSMETOLOGY], without a license, temporary permit, 26  temporary license,  or student permit and who is not exempt under AS 08.13.120 or 27 under AS 08.13.160(d) is guilty of a class B misdemeanor. 28 * Sec. 20. AS 08.13.210 is amended to read: 29  Sec. 08.13.210. Health and sanitary conditions. Health and sanitary 30 conditions in shops and schools of barbering, hairdressing,  manicuring,  and  esthetics  31 [COSMETOLOGY] shall be supervised by the Department of Environmental 01 Conservation. 02 * Sec. 21. AS 08.13.220(4) is amended to read: 03  (4)  "esthetics"  ["COSMETOLOGY"] means the use of the hands, 04 appliances, cosmetic preparations, antiseptics, or lotions in massaging, cleansing, 05 stimulating, or similar work on the scalp, face or neck, including skin care, make-up, 06 and temporary removal of superfluous hair, for cosmetic purposes for a fee; 07 * Sec. 22. AS 08.13.220(5) is amended to read: 08  (5) "hairdressing" means performing, for a fee, the following services 09 for cosmetic purposes: 10  (A) [SHAVING,] trimming [,] or cutting the beard of a living 11 person; and 12  (B) arranging, styling, dressing, curling, temporary waving, 13 permanent waving, cutting, singeing, bleaching, coloring, cleansing, 14 conditioning, or similar work on the hair of a living person; 15 * Sec. 23. AS 08.13.220(6) is amended to read: 16  (6) "instructor" means a person who teaches barbering, hairdressing, 17  manicuring,  or  esthetics  [COSMETOLOGY] in a school or who supervises an 18 apprentice; 19 * Sec. 24. AS 08.13.220(7) is amended to read: 20  (7) "practitioner" means a person licensed to practice barbering, 21 hairdressing,  manicuring,  or  esthetics  [COSMETOLOGY] under this chapter; 22 * Sec. 25. AS 08.13.220(9) is amended to read: 23  (9) "shop" is an establishment operated for the purpose of engaging in 24 barbering, hairdressing,  manicuring,  or  esthetics  [COSMETOLOGY]. 25 * Sec. 26. AS 08.13.220 is amended by adding a new paragraph to read: 26  (10) "manicuring" 27  (A) means, for a fee, to 28  (i) cut, trim, polish, color, tint, or cleanse a natural or 29 artificial nail; 30  (ii) affix material by artificial means to a natural nail for 31 the addition to or extension of the natural nail; 01  (iii) cleanse, treat, or beautify the hands or feet for 02 cosmetic purposes; or 03  (iv) otherwise treat the nails of the hand or foot except 04 as provided in (B) of this paragraph; 05  (B) notwithstanding (A) of this paragraph, does not include 06  (i) massage treatment; or 07  (ii) cleansing, treating, or beautifying the hands or feet 08 solely for the treatment of disease or physical or mental ailments. 09 * Sec. 27. AS 44.46.020 is amended to read: 10  Sec. 44.46.020. Duties of department. The Department of Environmental 11 Conservation shall 12  (1) have primary responsibility for coordination and development of 13 policies, programs, and planning related to the environment of the state and of the 14 various regions of the state; 15  (2) have primary responsibility for the adoption and enforcement of 16 regulations setting standards for the prevention and abatement of all water, land, 17 subsurface land, and air pollution, and other sources or potential sources of pollution 18 of the environment, including by way of example only, petroleum and natural gas 19 pipelines; 20  (3) promote and develop programs for the protection and control of the 21 environment of the state; 22  (4) take actions that are necessary and proper to further the policy 23 declared in AS 46.03.010; 24  (5) adopt regulations for 25  (A) the prevention and control of public health nuisances; 26  (B) the regulation of sanitation and sanitary practices in the 27 interest of public health; 28  (C) standards of cleanliness and sanitation in connection with 29 the construction, operation, and maintenance of a camp, cannery, food handling 30 establishment, food manufacturing plant, mattress manufacturing establishment, 31 industrial plant, school, barbershop, hairdressing , manicuring,  or  esthetics  01 [COSMETOLOGY] establishment, soft drink establishment, beer and wine 02 dispensaries, and for other similar establishments in which lack of sanitation 03 may create a condition that causes disease; 04  (D) the regulation of quality and purity of commercially 05 compressed air sold for human respiration. 06 * Sec. 28. REGULATIONS. The Board of Barbers and Hairdressers and the Department 07 of Environmental Conservation shall begin the process of developing regulations to implement 08 this Act. A regulation takes effect under AS 44.62 but not before the effective date of the law 09 that is implemented by the regulation. 10 * Sec. 29. Section 28 of this Act takes effect immediately under AS 01.10.070(c). 11 * Sec. 30. The amendments to AS 08.13.070, as amended by sec. 4 of this Act, and 12 AS 08.13.190, as amended by sec. 19 of this Act, that add the word " manicuring " take effect 13 September 1, 1999.