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