00 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 4 01 "An Act relating to the Board of Barbers and Hairdressers; relating to a limited license 02 to practice non-chemical barbering; relating to a license to practice hair braiding; 03 relating to the Department of Environmental Conservation; and providing for an 04 effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06  * Section 1. AS 08.01.065(h) is amended to read: 07 (h) Notwithstanding (c) of this section, the department shall establish fee 08 levels under (a) of this section so that the total amount of fees collected by the Board 09 of Barbers and Hairdressers approximately equals the total regulatory costs of the 10 department, the board, and the Department Of Environmental Conservation for all 11 occupations regulated by the board. For purposes of this subsection, the regulatory 12 costs of the Department of Environmental Conservation for the occupations regulated 13 by the board include the cost of inspections under AS 08.13.210(b), the cost of 14 developing and adopting regulations under AS 44.46.020 for [BARBERSHOP, 01 HAIRDRESSING, MANICURING, ESTHETICS,] body piercing, ear piercing, and 02 tattooing and permanent cosmetic coloring establishments, and the cost to the 03 Department of Environmental Conservation of enforcing those regulations except for 04 the enforcement costs relating to ear piercing establishments. The department shall set 05 the fee levels for the issuance and renewal of a practitioner's license issued under 06 AS 08.13.100 so that the license and license renewal fees are the same for all 07 occupations regulated by the Board of Barbers and Hairdressers. 08  * Sec. 2. AS 08.13.030(a) is amended to read: 09 (a) The board shall exercise general control over the vocations of barbering, 10 hairdressing, hair braiding, manicuring, esthetics, and body piercing and the vocation 11 of tattooing and permanent cosmetic coloring. 12  * Sec. 3. AS 08.13.030(c) is amended to read: 13 (c) The board may 14 (1) suspend or revoke a license or permit; 15 (2) on its own motion or upon receipt of a written complaint, conduct 16 hearings and request the 17 (A) Department of Commerce, Community, and Economic 18 Development [OR THE DEPARTMENT OF ENVIRONMENTAL 19 CONSERVATION] to investigate the practices of a person, shop, or school 20 involved in the practice or teaching of barbering, hairdressing, hair braiding, 21 manicuring, or esthetics; or  22 (B) Department of Commerce, Community, and Economic  23 Development or the Department of Environmental Conservation to  24 investigate the practices of a person, shop, or school involved in the  25 practice or teaching of [,] body piercing [,] or tattooing and permanent 26 cosmetic coloring; 27 (3) adopt regulations or do any act necessary to carry out the 28 provisions of this chapter. 29  * Sec. 4. AS 08.13.040 is amended by adding a new subsection to read: 30 (b) The board may not require a person applying for a limited license to 31 practice non-chemical barbering under AS 08.13.100(f) to take an examination that 01 tests the person's knowledge of chemical processes, including permanent waving, 02 bleaching, coloring, or chemical straightening. 03  * Sec. 5. AS 08.13.070 is amended to read: 04 Sec. 08.13.070. License required. A person may not 05 (1) practice barbering, hairdressing, hair braiding, manicuring, 06 esthetics, body piercing, or tattooing and permanent cosmetic coloring without a 07 license, temporary permit, temporary license, or student permit unless exempted under 08 AS 08.13.160(d); 09 (2) practice barbering, hairdressing, hair braiding, manicuring, 10 esthetics, body piercing, or tattooing and permanent cosmetic coloring except in a 11 shop or school licensed under this chapter unless exempted under AS 08.13.160(d) or 12 permitted under AS 08.13.160(e); 13 (3) open or conduct a school of barbering, hairdressing, manicuring, or 14 esthetics without a license; 15 (4) teach in a school of barbering, hairdressing, manicuring, or 16 esthetics, or supervise an apprentice in barbering, hairdressing, manicuring, or 17 esthetics without an instructor's license; 18 (5) operate a shop in violation of AS 08.13.120; 19 (6) permit an employee or other person being supervised who is not 20 exempted under AS 08.13.160(d) to practice barbering, hairdressing, hair braiding, 21 manicuring, esthetics, body piercing, or tattooing and permanent cosmetic coloring 22 without a license, temporary permit, temporary license, or student permit; 23 (7) permit the use of the person's license, temporary permit, temporary 24 license, or student permit by another person; 25 (8) obtain or attempt to obtain a license, temporary permit, temporary 26 license, or student permit by fraudulent means.  27  * Sec. 6. AS 08.13.080(a) is amended to read: 28 (a) An applicant for an examination authorized under AS 08.13.040 must 29 (1) have successfully completed all courses that a school with a 30 curriculum in barbering approved by the board is required to teach in order to be 31 licensed under AS 08.13.110 if applying for a license to practice barbering; the  01 curriculum may be limited for non-chemical barbering under AS 08.13.100(f);  02 (2) have successfully completed all courses that a school with a 03 curriculum in hairdressing approved by the board is required to teach to be licensed 04 under AS 08.13.110 if applying for a license to practice hairdressing; 05 (3) have successfully completed all courses that a school with a 06 curriculum in esthetics approved by the board is required to teach in order to be 07 licensed under AS 08.13.110 if applying for a license to practice esthetics; 08 (4) have successfully completed 250 hours of instruction in manicuring 09 from a school of manicuring or hairdressing licensed under AS 08.13.110 if applying 10 for a license to practice manicuring; 11 (5) have served an apprenticeship under AS 08.13.082; 12 (6) specify the field of practice in which the applicant intends to teach 13 and have held a license to practice in the field for three years or have held a license in 14 the field for one year and have completed 600 hours of student training as an instructor 15 in the field of practice from a licensed school with a curriculum approved by the board 16 if applying for a license as an instructor; or 17 (7) have completed course work and, if applicable, an apprenticeship 18 acceptable to the board. 19  * Sec. 7. AS 08.13.080 is amended by adding a new subsection to read: 20 (e) An applicant for a license to practice hair braiding shall 21 (1) apply in writing on a form prescribed by the board; 22 (2) complete, to the satisfaction of the board, 35 hours of instruction in 23 hair braiding, health, safety, and sanitation 24 (A) at an accredited school of hairdressing; 25 (B) at a professional association of hairdressing or hair 26 braiding; or 27 (C) from an individual licensed under this chapter and 28 approved by the board; and 29 (3) pay the appropriate fee. 30  * Sec. 8. AS 08.13.082(a) is amended to read: 31 (a) The period of apprenticeship required to qualify an applicant for a license 01 to practice barbering is 2,000 hours. The apprenticeship must be served in a shop 02 approved by the board. The apprenticeship may not be completed in less than 12 03 months from the date of its commencement and must be completed in not more than 04 two years from the date of its commencement. The board may not require a person  05 applying for a license to practice non-chemical barbering under AS 08.13.100(f)  06 to perform apprenticeship hours or practical operations relating to chemical  07 processes, including permanent waving, bleaching, coloring, or chemical  08 straightening.  09  * Sec. 9. AS 08.13.100(a) is amended to read: 10 (a) The board shall authorize the issuance of a license for the practice of 11 barbering, hairdressing, manicuring, or esthetics to each qualified applicant who has 12 passed an examination under AS 08.13.090 and meets other applicable requirements 13 under this chapter. The board shall authorize the issuance of a license for the practice 14 of tattooing and permanent cosmetic coloring or for body piercing to each applicant 15 who has satisfied the requirements of AS 08.13.080(d). The board shall authorize  16 the issuance of a license for the practice of hair braiding to each applicant who  17 has satisfied the requirements of AS 08.13.080(e). 18  * Sec. 10. AS 08.13.100(b) is amended to read: 19 (b) A practitioner license must state the areas of practice (barbering, 20 hairdressing, hair braiding, manicuring, esthetics, tattooing and permanent cosmetic 21 coloring, or body piercing) that the practitioner is qualified to perform. 22  * Sec. 11. AS 08.13.100(d) is amended to read: 23 (d) A person who holds a current valid license from a board of barbering, 24 hairdressing, manicuring, or esthetics in another state or who is licensed by another 25 state to practice hair braiding, tattooing, and permanent cosmetic coloring, or to 26 practice body piercing, is entitled to a license under this chapter without examination 27 or a new period of training in this state. An application must include 28 (1) proof of a valid license issued by another licensing jurisdiction; and 29 (2) proof of completed training, testing, and working experience that 30 the board finds to meet the minimum requirements of this state. 31  * Sec. 12. AS 08.13.100 is amended by adding a new subsection to read: 01 (f) The board shall by regulation create an area of limited professional 02 licensing in the field of barbering for non-chemical barbering that allows a person to 03 practice barbering without the use of chemicals and chemical processes. The limitation 04 must be stated on the license. 05  * Sec. 13. AS 08.13.120(a) is amended to read: 06 (a) The board shall adopt regulations for the licensing of shops. The 07 regulations must require that a shop for tattooing and permanent cosmetic coloring or 08 for body piercing be inspected and certified by the Department of Environmental 09 Conservation as being in compliance with the regulations adopted under AS 44.46.020 10 before a shop license may be issued under this subsection. A shop owner shall be 11 licensed to operate a shop without examination, but, unless the shop owner is a 12 practitioner, the shop owner may not conduct business without employing a manager 13 who is a practitioner. This subsection does not apply to a shop for the practice of 14 barbering, hairdressing, hair braiding, or esthetics located in a community having a 15 population of less than 1,000 people that is not within 25 miles of a community of 16 more than 1,000 people.  17  * Sec. 14. AS 08.13.120 is amended by adding a new subsection to read: 18 (c) The board shall adopt regulations for standards of cleanliness in 19 connection with the construction, operation, and maintenance of shops and schools of 20 barbering, hairdressing, hair braiding, manicuring, and esthetics. 21  * Sec. 15. AS 08.13.130(a) is amended to read: 22 (a) A practitioner shall display the practitioner's license in a conspicuous 23 location in the practitioner's place of business. Each shop owner is responsible for the 24 conspicuous display of the shop's license and the licenses of employees and  25 individuals renting booths in the shop. A person holding a student permit, 26 temporary license, or temporary permit shall display the permit or license in a 27 conspicuous location in the school in which the person is enrolled or the shop in which 28 the person works. The school or shop owner is responsible for the display of a permit 29 or license for each enrolled student, apprentice, or temporary license holder. 30  * Sec. 16. AS 08.13.160(d) is amended to read: 31 (d) The licensing and permit provisions of this chapter do not apply to 01 (1) a person practicing barbering, hairdressing, hair braiding, 02 manicuring, or esthetics in a community having a population of less than 1,000 people 03 that is not within 25 miles of a community of more than 1,000 people and who uses 04 only chemicals available to the general public; 05 (2) a licensed health care professional; 06 (3) a person licensed by another licensing jurisdiction in a field of 07 practice licensed by this chapter while demonstrating techniques or products to 08 persons holding licenses or permits under this chapter; 09 (4) a person practicing tattooing and permanent cosmetic coloring or 10 body piercing solely on the person's own body. 11  * Sec. 17. AS 08.13.160(e) is amended to read: 12 (e) The board shall adopt regulations to permit a person licensed under this 13 chapter to practice barbering, hairdressing, hair braiding, or esthetics outside a 14 licensed shop or school for limited purposes including 15 (1) care of clients confined to an institution or health care facility; 16 (2) care of clients with limited mobility; 17 (3) participation in charitable events; and 18 (4) participation in workshops or demonstrations of techniques or 19 products. 20  * Sec. 18. AS 08.13.160(f) is amended to read: 21 (f) A person licensed under this chapter to practice hairdressing is considered 22 to be licensed to practice hair braiding and limited esthetics under the same license. 23  * Sec. 19. AS 08.13.185(a) is amended to read: 24 (a) The Department of Commerce, Community, and Economic Development 25 shall set fees under AS 08.01.065 for initial licenses and renewals for the following: 26 (1) schools; 27 (2) school owners; 28 (3) instructor; 29 (4) shop owner; 30 (5) practitioner of barbering; 31 (6) practitioner of hairdressing; 01 (7) practitioner of manicuring; 02 (8) practitioner of esthetics; 03 (9) practitioner of tattooing and permanent cosmetic coloring; 04 (10) practitioner of body piercing; 05 (11) temporary shop license; 06 (12) temporary permit; 07 (13) temporary license; 08 (14) student permit;  09 (15) practitioner of hair braiding. 10  * Sec. 20. AS 08.13.190(a) is amended to read: 11 (a) A person who practices barbering, hairdressing, hair braiding, esthetics, 12 tattooing and permanent cosmetic coloring, or body piercing, or operates a shop, or 13 operates a school of barbering, hairdressing, or esthetics, or teaches in a school of 14 barbering, hairdressing, or esthetics, without a license, temporary permit, temporary 15 license, or student permit and who is not exempt under AS 08.13.120 or under 16 AS 08.13.160(d) is guilty of a class B misdemeanor. 17  * Sec. 21. AS 08.13.210(a) is amended to read: 18 (a) Health and sanitary conditions in shops and schools of 19 (1) barbering, hairdressing, hair braiding, manicuring, and esthetics 20 shall be supervised by the board;  21 (2) [,] tattooing and permanent cosmetic coloring, and body piercing 22 shall be supervised by the Department of Environmental Conservation. 23  * Sec. 22. AS 08.13.220(10) is amended to read: 24 (10) "practitioner" means a person licensed to practice barbering, 25 hairdressing, hair braiding, manicuring, esthetics, tattooing and permanent cosmetic 26 coloring, or body piercing under this chapter; 27  * Sec. 23. AS 08.13.220(12) is amended to read: 28 (12) "shop" is an establishment operated for the purpose of engaging in 29 barbering, hairdressing, hair braiding, manicuring, esthetics, tattooing and permanent 30 cosmetic coloring, or body piercing; 31  * Sec. 24. AS 08.13.220 is amended by adding a new paragraph to read: 01 (14) "hair braiding" means braiding natural hair, natural fibers, 02 synthetic fibers, and hair extensions, trimming hair extensions for braiding purposes, 03 and attaching natural and synthetic hair by braiding for cosmetic purposes and for a 04 fee. 05  * Sec. 25. AS 44.46.020(a) is amended to read: 06 (a) The Department of Environmental Conservation shall 07 (1) have primary responsibility for coordination and development of 08 policies, programs, and planning related to the environment of the state and of the 09 various regions of the state; 10 (2) have primary responsibility for the adoption and enforcement of 11 regulations setting standards for the prevention and abatement of all water, land, 12 subsurface land, and air pollution, and other sources or potential sources of pollution 13 of the environment, including by way of example only, petroleum and natural gas 14 pipelines; 15 (3) promote and develop programs for the protection and control of the 16 environment of the state; 17 (4) take actions that are necessary and proper to further the policy 18 declared in AS 46.03.010; 19 (5) adopt regulations for 20 (A) the prevention and control of public health nuisances; 21 (B) the regulation of sanitation and sanitary practices in the 22 interest of public health; 23 (C) standards of cleanliness and sanitation in connection with 24 the construction, operation, and maintenance of a camp, cannery, food 25 handling establishment, food manufacturing plant, mattress manufacturing 26 establishment, industrial plant, school, [BARBERSHOP, HAIRDRESSING, 27 MANICURING, ESTHETICS,] tattooing and permanent cosmetic coloring, 28 body piercing, or ear piercing establishment, soft drink establishment, beer and 29 wine dispensaries, and for other similar establishments in which lack of 30 sanitation may create a condition that causes disease; 31 (D) the regulation of quality and purity of commercially 01 compressed air sold for human respiration. 02  * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 TRANSITION: REGULATIONS. The Board of Barbers and Hairdressers may adopt 05 regulations necessary to implement the changes made by this Act. The regulations take effect 06 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 07 relevant provision of this Act implemented by the regulation. 08  * Sec. 27. Section 26 of this Act takes effect immediately under AS 01.10.070(c). 09  * Sec. 28. Except as provided in sec. 27 of this Act, this Act takes effect January 1, 2018.