CSSB 51(L&C): "An Act relating to barbers, hairdressers, manicurists, and cosmetologists; providing that the only qualification necessary for licensure as a manicurist, other than payment of fees, is completion of a class that is 12 hours in duration, addresses relevant health, safety, and hygiene concerns, and is offered through a school approved by the Board of Barbers and Hairdressers; and providing for an effective date."
00CS FOR SENATE BILL NO. 51(L&C) 01 "An Act relating to barbers, hairdressers, manicurists, and cosmetologists; providing 02 that the only qualification necessary for licensure as a manicurist, other than 03 payment of fees, is completion of a class that is 12 hours in duration, addresses 04 relevant health, safety, and hygiene concerns, and is offered through a school 05 approved by the Board of Barbers and Hairdressers; and providing for an 06 effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 08.13.010(b) is amended to read: 09 (b) The board consists of 10 (1) two persons licensed as barbers under this chapter; 11 (2) two persons licensed as hairdressers under this chapter, one of 12 whom is also licensed as an esthetician [A COSMETOLOGIST] under this chapter; 13 and 14 (3) one public member.
01 * Sec. 2. AS 08.13.030 is amended to read: 02 Sec. 08.13.030. Powers and duties of the board. (a) The board shall 03 exercise general control over the vocations of barbering, hairdressing, manicuring, and 04 esthetics [COSMETOLOGY]. 05 (b) The board shall 06 (1) examine applicants and approve the issuance of licenses and permits 07 to practice; 08 (2) authorize the issuance of licenses for schools of barbering, 09 hairdressing, manicuring, and esthetics [COSMETOLOGY]. 10 (c) The board may 11 (1) suspend or revoke a license or permit; 12 (2) on its own motion or upon receipt of a written complaint, conduct 13 hearings and request the Department of Commerce and Economic Development to 14 investigate the practices of a person, shop, or school involved in the practice or 15 teaching of barbering, hairdressing, manicuring, or esthetics [COSMETOLOGY]; 16 (3) adopt regulations or do any act necessary to carry out the provisions 17 of this chapter. 18 * Sec. 3. AS 08.13.040 is amended to read: 19 Sec. 08.13.040. Meetings and examinations. The board shall meet as often 20 as necessary to conduct its business. It shall conduct separate examinations covering 21 the following fields [EACH FIELD] of practice: barbering, hairdressing, and esthetics 22 [COSMETOLOGY]. Examinations shall be given at least twice in every year for each 23 of these fields [FIELD] of practice for which applications for licensure are pending. 24 An applicant may take an examination in more than one field during the same testing 25 session. The board may not require an applicant for licensure as a manicurist to 26 take or pass an examination for the field of manicuring. 27 * Sec. 4. AS 08.13.070 is amended to read: 28 Sec. 08.13.070. License required. A person may not 29 (1) practice barbering, hairdressing, manicuring, or esthetics 30 [COSMETOLOGY] without a license, temporary permit, temporary license, or student 31 permit unless exempted under AS 08.13.160(d);
01 (2) practice barbering, hairdressing, manicuring, or esthetics 02 [COSMETOLOGY] except in a shop or school licensed under this chapter unless 03 exempted under AS 08.13.160(d) or permitted under AS 08.13.160(e); 04 (3) open or conduct a school of barbering, hairdressing, manicuring, 05 or esthetics [COSMETOLOGY] without a license; 06 (4) teach in a school of barbering, hairdressing, manicuring, or 07 esthetics [COSMETOLOGY], or supervise an apprentice without an instructor's 08 license; 09 (5) operate a shop in violation of AS 08.13.120; 10 (6) permit an employee or other person being supervised who is not 11 exempted under AS 08.13.160(d) to practice barbering, hairdressing, manicuring, or 12 esthetics [COSMETOLOGY] without a license, temporary permit, temporary license, 13 or student permit; 14 (7) permit the use of the person's license, temporary permit, temporary 15 license, or student permit by another person; 16 (8) obtain or attempt to obtain a license, temporary permit, temporary 17 license, or student permit by fraudulent means. 18 * Sec. 5. AS 08.13.080 is amended to read: 19 Sec. 08.13.080. Qualifications of applicants. An applicant for an 20 examination authorized under AS 08.13.040 must 21 (1) have successfully completed all courses that a school with a 22 curriculum in barbering approved by the board is required to teach in order to be 23 licensed under AS 08.13.110 if applying for a license to practice barbering; 24 (2) have successfully completed all courses that a school with a 25 curriculum in hairdressing approved by the board is required to teach to be licensed 26 under AS 08.13.110 if applying for a license to practice hairdressing; 27 (3) have successfully completed all courses that a school with a 28 curriculum in esthetics [COSMETOLOGY] approved by the board is required to teach 29 in order to be licensed under AS 08.13.110 if applying for a license to practice 30 esthetics [COSMETOLOGY]; 31 (4) have served an apprenticeship under AS 08.13.082;
01 (5) specify the field of practice in which the applicant intends to teach 02 and have held a license to practice in the field for three years or have held a license 03 in the field for one year and have completed 600 hours of student training as an 04 instructor in the field of practice from a licensed school with a curriculum approved 05 by the board if applying for a license as an instructor; or 06 (6) have completed a combination of course work and apprenticeship 07 acceptable to the board. 08 * Sec. 6. AS 08.13.080 is amended by adding a new subsection to read: 09 (b) The board shall issue a license to practice manicuring to an applicant who 10 (1) submits documentation that the applicant has completed a 11 manicuring course from a school licensed under AS 08.13.110 as a school of 12 manicuring; and 13 (2) pays the appropriate fee. 14 * Sec. 7. AS 08.13.082(c) is amended to read: 15 (c) The period of apprenticeship required to qualify an applicant for a license 16 to practice esthetics [COSMETOLOGY] is 350 hours. The apprenticeship must be 17 served in a shop approved by the board. The apprenticeship may not be completed in 18 less than six months from the date of its commencement and must be completed in not 19 more than one year from the date of its commencement. 20 * Sec. 8. AS 08.13.100(b) is amended to read: 21 (b) A practitioner license must state the areas of practice (barbering, 22 hairdressing, manicuring, esthetics [COSMETOLOGY], or any combination) that the 23 practitioner is qualified to perform. 24 * Sec. 9. AS 08.13.100(c) is amended to read: 25 (c) The board may by regulation create areas of limited professional licensing 26 in the field of esthetics [COSMETOLOGY, EXCEPT THAT THE BOARD MAY 27 NOT RESTRICT OR OTHERWISE REGULATE THE PRACTICE OF MANICURE 28 OR PEDICURE]. Any limitation must be stated on the license. 29 * Sec. 10. AS 08.13.100(d) is amended to read: 30 (d) A person holding a current valid license from a board of barbering, 31 hairdressing, manicuring, or esthetics [COSMETOLOGY] in another state is entitled
01 to a license under this chapter without examination in this state. An application must 02 include 03 (1) proof of a valid license issued by another licensing jurisdiction; 04 (2) proof of completed training, testing, and working experience that 05 the board finds to meet the minimum requirements of the state; and 06 (3) payment of a credential investigation fee. 07 * Sec. 11. AS 08.13.100 is amended by adding a new subsection to read: 08 (e) A person licensed as an instructor is considered to be licensed as a 09 practitioner and is subject to the same requirements that a practitioner is subject to, in 10 the same area for which the person is licensed as an instructor, except that, for 11 purposes of setting fees under AS 08.01.065, the department shall consider instructors 12 to be an occupation separate from practitioners. An instructor license shall state the 13 areas of practice (barbering, hairdressing, manicuring, esthetics, or any combination) 14 in which the licensee is qualified to instruct and practice. 15 * Sec. 12. AS 08.13.110 is amended to read: 16 Sec. 08.13.110. School license. The board shall adopt regulations for the 17 licensing of schools of barbering, hairdressing, manicuring, and esthetics 18 [COSMETOLOGY]. The regulations must include details of the curriculum, minimum 19 hours of instruction, physical condition of the facilities, and financial responsibility of 20 the owner. The only curriculum the board may require for a school of manicuring 21 is a curriculum of 12 hours of instruction or training that addresses health, safety, 22 and hygiene concerns that are relevant to the practice of manicuring. The board 23 may not issue a license to a school of manicuring if the school requires its 24 students to complete more than 12 hours of instruction or training before the 25 school will certify that the student has completed the school's manicuring course 26 for purposes of AS 08.13.080(b). 27 * Sec. 13. 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. 14. 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. 15. 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, manicuring, or 13 esthetics [COSMETOLOGY] in a community having a population of less than 1,000 14 people that is not within 25 miles of a community of more than 1,000 people and who 15 uses only 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. 16. 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, manicurist, or esthetician [COSMETOLOGIST] in another state. The 25 permit is valid until the board either issues a permanent license or rejects the 26 application. The board shall act on an application within six months. 27 * Sec. 17. 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(a)(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. 18. 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, manicuring, or esthetics [COSMETOLOGY] and a person 09 apprenticed to a licensed instructor in a shop approved by the board shall obtain a 10 student permit. A student permit to practice barbering or hairdressing is valid for two 11 years. A student permit to practice manicuring or esthetics [COSMETOLOGY] is 12 valid for one year. A student permit may not be renewed, but, upon application, the 13 board may issue a new permit to the same person or extend an expired permit to the 14 date of the next scheduled examination if the permit is for the practice of barbering, 15 hairdressing, or esthetics . Credit earned under an expired student permit may be 16 transferred to a new permit as determined by the board. 17 * Sec. 19. AS 08.13.185(a) is amended to read: 18 (a) The Department of Commerce and Economic Development shall set fees 19 under AS 08.01.065 for initial licenses and renewals for the following: 20 (1) schools; 21 (2) school owners; 22 (3) instructor; 23 (4) shop owner; 24 (5) practitioner of barbering; 25 (6) practitioner of hairdressing; 26 (7) practitioner of manicuring; 27 (8) practitioner of esthetics [COSMETOLOGY]; 28 (9) [(8)] temporary permit; 29 (10) temporary license; 30 (11) [(9)] student permit. 31 * Sec. 20. AS 08.13.190 is amended to read:
01 Sec. 08.13.190. Failure to possess a license or permit. A person who 02 practices barbering, hairdressing, manicuring, or esthetics [COSMETOLOGY], or 03 operates a shop, or operates a school of barbering, hairdressing, manicuring, or 04 esthetics [COSMETOLOGY], or teaches in a school of barbering, hairdressing, 05 manicuring, or esthetics [COSMETOLOGY], without a license, temporary permit, 06 temporary license, or student permit and who is not exempt under AS 08.13.120 or 07 under AS 08.13.160(d) is guilty of a class B misdemeanor. 08 * Sec. 21. AS 08.13.210 is amended to read: 09 Sec. 08.13.210. Health and sanitary conditions. Health and sanitary 10 conditions in shops and schools of barbering, hairdressing, manicuring, and esthetics 11 [COSMETOLOGY] shall be supervised by the Department of Environmental 12 Conservation. 13 * Sec. 22. AS 08.13.220(4) is amended to read: 14 (4) "esthetics" ["COSMETOLOGY"] means the use of the hands, 15 appliances, cosmetic preparations, antiseptics, or lotions in massaging, cleansing, 16 stimulating, or similar work on the scalp, face or neck, including skin care, make-up, 17 and temporary removal of superfluous hair, for cosmetic purposes for a fee; 18 * Sec. 23. AS 08.13.220(5) is amended to read: 19 (5) "hairdressing" means performing, for a fee, the following services 20 for cosmetic purposes: 21 (A) [SHAVING,] trimming [,] or cutting the beard of a living 22 person; and 23 (B) arranging, styling, dressing, curling, temporary waving, 24 permanent waving, cutting, singeing, bleaching, coloring, cleansing, 25 conditioning, or similar work on the hair of a living person; 26 * Sec. 24. AS 08.13.220(6) is amended to read: 27 (6) "instructor" means a person who teaches barbering, hairdressing, 28 manicuring, or esthetics [COSMETOLOGY] in a school or who supervises an 29 apprentice; 30 * Sec. 25. AS 08.13.220(7) is amended to read: 31 (7) "practitioner" means a person licensed to practice barbering,
01 hairdressing, manicuring, or esthetics [COSMETOLOGY] under this chapter; 02 * Sec. 26. AS 08.13.220(9) is amended to read: 03 (9) "shop" is an establishment operated for the purpose of engaging in 04 barbering, hairdressing, manicuring, or esthetics [COSMETOLOGY]. 05 * Sec. 27. AS 08.13.220 is amended by adding a new paragraph to read: 06 (10) "manicuring" 07 (A) means, for a fee, to 08 (i) cut, trim, polish, color, tint, or cleanse a natural or 09 artificial nail; 10 (ii) affix material by artificial means to a natural nail for 11 the addition to or extension of the natural nail; 12 (iii) cleanse, treat, or beautify the hands or feet for 13 cosmetic purposes; or 14 (iv) otherwise treat the nails of the hand or foot except 15 as provided in (B) of this paragraph; 16 (B) notwithstanding (A) of this paragraph, does not include 17 (i) massage treatment; or 18 (ii) cleansing, treating, or beautifying the hands or feet 19 solely for the treatment of disease or physical or mental ailments. 20 * Sec. 28. AS 44.46.020 is amended to read: 21 Sec. 44.46.020. Duties of department. The Department of Environmental 22 Conservation shall 23 (1) have primary responsibility for coordination and development of 24 policies, programs, and planning related to the environment of the state and of the 25 various regions of the state; 26 (2) have primary responsibility for the adoption and enforcement of 27 regulations setting standards for the prevention and abatement of all water, land, 28 subsurface land, and air pollution, and other sources or potential sources of pollution 29 of the environment, including by way of example only, petroleum and natural gas 30 pipelines; 31 (3) promote and develop programs for the protection and control of the
01 environment of the state; 02 (4) take actions that are necessary and proper to further the policy 03 declared in AS 46.03.010; 04 (5) adopt regulations for 05 (A) the prevention and control of public health nuisances; 06 (B) the regulation of sanitation and sanitary practices in the 07 interest of public health; 08 (C) standards of cleanliness and sanitation in connection with 09 the construction, operation, and maintenance of a camp, cannery, food handling 10 establishment, food manufacturing plant, mattress manufacturing establishment, 11 industrial plant, school, barbershop, hairdressing , manicuring, or esthetics 12 [COSMETOLOGY] establishment, soft drink establishment, beer and wine 13 dispensaries, and for other similar establishments in which lack of sanitation 14 may create a condition that causes disease; 15 (D) the regulation of quality and purity of commercially 16 compressed air sold for human respiration. 17 * Sec. 29. REGULATIONS. The Board of Barbers and Hairdressers and the Department 18 of Environmental Conservation shall begin the process of developing regulations to implement 19 this Act. A regulation takes effect under AS 44.62 but not before the effective date of the law 20 that is implemented by the regulation. 21 * Sec. 30. Section 29 of this Act takes effect immediately under AS 01.10.070(c). 22 * Sec. 31. The amendments to AS 08.13.070, as amended by sec. 4 of this Act, and 23 AS 08.13.190, as amended by sec. 20 of this Act, that add the word "manicuring" take effect 24 September 1, 2001.