SB 240: "An Act relating to the licensing of manicurists; and providing for an effective date."
00 SENATE BILL NO. 240 01 "An Act relating to the licensing of manicurists; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.13.040 is amended to read: 04 Sec. 08.13.040. Meetings and examinations. The board shall meet as often as 05 necessary to conduct its business. It shall conduct separate examinations covering the 06 following fields of practice: barbering, hairdressing, [ADVANCED] manicuring, and 07 esthetics. Examinations shall be given at least twice in every year for each of these 08 fields of practice for which applications for licensure [OR ENDORSEMENTS] are 09 pending. An applicant may take an examination in more than one field during the 10 same testing session. The board may not require an applicant for licensure as a limited 11 manicurist to take or pass an examination conducted by the board for the practice of 12 limited [FIELD OF] manicuring [; HOWEVER, NOTHING IN THIS SENTENCE 13 PROHIBITS THE BOARD FROM REQUIRING A LICENSED MANICURIST TO 14 PASS AN EXAMINATION TO OBTAIN AN OPTIONAL ENDORSEMENT AS 15 AN ADVANCED MANICURIST UNDER AS 08.13.080(c)].
01 * Sec. 2. AS 08.13.070 is amended to read: 02 Sec. 08.13.070. License required. A person may not 03 (1) practice barbering, hairdressing, manicuring, limited manicuring, 04 esthetics, body piercing, or tattooing and permanent cosmetic coloring without a 05 license, temporary permit, temporary license, or student permit unless exempted under 06 AS 08.13.160(d); 07 (2) practice barbering, hairdressing, manicuring, limited manicuring, 08 esthetics, body piercing, or tattooing and permanent cosmetic coloring except in a 09 shop or school licensed under this chapter unless exempted under AS 08.13.160(d) or 10 permitted under AS 08.13.160(e); 11 (3) open or conduct a school of barbering, hairdressing, manicuring, or 12 esthetics without a license; 13 (4) teach in a school of barbering, hairdressing, manicuring, or 14 esthetics, or supervise an apprentice in barbering, hairdressing, manicuring, or 15 esthetics without an instructor's license; 16 (5) operate a shop in violation of AS 08.13.120; 17 (6) permit an employee or other person being supervised who is not 18 exempted under AS 08.13.160(d) to practice barbering, hairdressing, manicuring, 19 limited manicuring, esthetics, body piercing, or tattooing and permanent cosmetic 20 coloring without a license, temporary permit, temporary license, or student permit; 21 (7) permit the use of the person's license, temporary permit, temporary 22 license, or student permit by another person; 23 (8) obtain or attempt to obtain a license, temporary permit, temporary 24 license, or student permit by fraudulent means. 25 * Sec. 3. AS 08.13.080(a) is amended to read: 26 (a) An applicant for an examination authorized under AS 08.13.040 must 27 (1) have successfully completed all courses that a school with a 28 curriculum in barbering approved by the board is required to teach in order to be 29 licensed under AS 08.13.110 if applying for a license to practice barbering; 30 (2) have successfully completed all courses that a school with a 31 curriculum in hairdressing approved by the board is required to teach to be licensed
01 under AS 08.13.110 if applying for a license to practice hairdressing; 02 (3) have successfully completed all courses that a school with a 03 curriculum in esthetics approved by the board is required to teach in order to be 04 licensed under AS 08.13.110 if applying for a license to practice esthetics; 05 (4) have successfully completed all courses that a school with a 06 curriculum in manicuring approved by the board is required to teach in order to 07 be licensed under AS 08.13.110 if applying for a license to practice manicuring; 08 (5) have served an apprenticeship under AS 08.13.082; 09 (6) [(5)] specify the field of practice in which the applicant intends to 10 teach and have held a license to practice in the field for three years or have held a 11 license in the field for one year and have completed 600 hours of student training as an 12 instructor in the field of practice from a licensed school with a curriculum approved by 13 the board if applying for a license as an instructor except that a person licensed as an 14 instructor in hairdressing may be an instructor for limited [IN] manicuring [FOR] 15 courses that satisfy the requirement of (b) of this section [, AND THE BOARD MAY, 16 BY REGULATION, ESTABLISH REQUIREMENTS FOR OTHER MANICURING 17 INSTRUCTORS, INCLUDING INSTRUCTORS WHO TEACH COURSES THAT 18 SATISFY REQUIREMENTS FOR AN ADVANCED MANICURIST 19 ENDORSEMENT]; or 20 (7) [(6)] have completed a combination of course work and 21 apprenticeship acceptable to the board. 22 * Sec. 4. AS 08.13.080(b) is amended to read: 23 (b) An applicant for a license to practice limited manicuring shall 24 (1) submit documentation that the applicant has completed a course of 25 12 hours of instruction or training approved by the board that addresses health, safety, 26 and hygiene concerns of manicuring customers and practitioners that are relevant to 27 the practice of limited manicuring from a school licensed under AS 08.13.110 as a 28 school of manicuring or hairdressing; documentation of completion of the course 29 must include certification from the school that the applicant has passed a test given by 30 the school covering the health, safety, and hygiene concerns of manicuring customers 31 and practitioners that are relevant to the practice of limited manicuring; and
01 (2) pay the appropriate fee. 02 * Sec. 5. AS 08.13.100(a) is amended to read: 03 (a) The board shall authorize the issuance of a license for the practice of 04 barbering, hairdressing, manicuring, or esthetics to each qualified applicant who has 05 passed an examination under AS 08.13.090. The board shall authorize the issuance of 06 a license to practice limited manicuring to each applicant who has satisfied the 07 requirements of AS 08.13.080(b). [THE BOARD SHALL AUTHORIZE THE 08 ISSUANCE OF AN ENDORSEMENT TO A LICENSE TO PRACTICE 09 MANICURING OR HAIRDRESSING INDICATING THAT THE PERSON IS AN 10 ADVANCED MANICURIST TO EACH APPLICANT WHO HAS SATISFIED THE 11 REQUIREMENTS OF AS 08.13.080(c).] The board shall authorize the issuance of a 12 license for the practice of tattooing and permanent cosmetic coloring or for body 13 piercing to each applicant who has satisfied the requirements of AS 08.13.080(d). 14 * Sec. 6. AS 08.13.110(a) is amended to read: 15 (a) The board shall adopt regulations for the licensing of schools of barbering, 16 hairdressing, manicuring, and esthetics. The regulations must include details of the 17 curriculum, minimum hours of instruction, physical condition of the facilities, and 18 financial responsibility of the owner. The curriculum required for a school of 19 hairdressing must include the course required for licensure as a limited manicurist 20 under AS 08.13.080(b) [CURRICULUM REQUIRED FOR A SCHOOL OF 21 MANICURING]. 22 * Sec. 7. AS 08.13.110(c) is amended to read: 23 (c) A school of manicuring or hairdressing may seek approval from the board 24 for a curriculum designed to qualify students for licensure as limited manicurists 25 [AN ADVANCED MANICURIST ENDORSEMENT]. The board shall establish the 26 curriculum requirements applicable under this subsection through its authority under 27 (a) of this section. 28 * Sec. 8. AS 08.13.130(b) is amended to read: 29 (b) A license issued to a limited manicurist by the department must state that 30 the limited manicurist has successfully completed a course of instruction or training in 31 health, safety, and hygiene concerns related to the practice of limited manicuring.
01 * Sec. 9. AS 08.13.160(d) is amended to read: 02 (d) The licensing and permit provisions of this chapter do not apply to 03 (1) a person practicing barbering, hairdressing, manicuring, limited 04 manicuring, or esthetics in a community having a population of less than 1,000 05 people that is not within 25 miles of a community of more than 1,000 people and who 06 uses only chemicals available to the general public; 07 (2) the practice of limited manicuring by a student as part of 08 instruction in a 12-hour course approved under AS 08.13.110(c) [AS 08.13.110(b)]; 09 (3) the practice of manicuring by a student as part of a curriculum 10 in manicuring approved by the board under AS 08.13.080(a)(4); 11 (4) a shampoo person; 12 (5) [(4)] a licensed health care professional; 13 (6) [(5)] a person licensed by another licensing jurisdiction in a field of 14 practice licensed by this chapter while demonstrating techniques or products to 15 persons holding licenses or permits under this chapter; or 16 (7) [(6)] a person practicing tattooing and permanent cosmetic coloring 17 or body piercing solely on the person's own body. 18 * Sec. 10. AS 08.13.160(f) is amended to read: 19 (f) A person licensed under this chapter to practice hairdressing is considered 20 to be licensed to practice limited manicuring and limited esthetics under the same 21 license. 22 * Sec. 11. AS 08.13.175 is amended to read: 23 Sec. 08.13.175. Temporary license. A person who meets the requirements of 24 AS 08.13.080(a)(1), (2), (3), (4), (5), or (7) [(6)] is entitled to be temporarily licensed 25 after applying for examination under this chapter if the applicant works under the 26 direct supervision, and within the physical presence, of a person who is licensed in the 27 area of practice for which the applicant has applied for examination. A temporary 28 license issued under this section is valid for 120 days and is nonrenewable. A person 29 may not receive more than one temporary license for each area of practice licensed 30 under this chapter. An application for a temporary license must be signed by the 31 supervising licensee and accompanied by the temporary license fee required under
01 AS 08.13.185. 02 * Sec. 12. AS 08.13.180 is amended to read: 03 Sec. 08.13.180. Student permits. A person attending a licensed school of 04 barbering, hairdressing, manicuring, or esthetics and a person apprenticed to a 05 licensed instructor in a shop approved by the board or receiving training from a 06 practitioner of tattooing and permanent cosmetic coloring or body piercing shall obtain 07 a student permit. A student permit to practice barbering or hairdressing is valid for two 08 years. A student permit to practice manicuring, esthetics, tattooing and permanent 09 cosmetic coloring, or body piercing is valid for one year. A student permit may not be 10 renewed, but, upon application, the board may issue a new permit to the same person 11 or extend an expired permit to the date of the next scheduled examination. Credit 12 earned under an expired student permit may be transferred to a new permit as 13 determined by the board. 14 * Sec. 13. AS 08.13.185(a) is amended to read: 15 (a) The Department of Commerce, Community, and Economic Development 16 shall set fees under AS 08.01.065 for initial licenses, endorsements, and renewals for 17 the following: 18 (1) schools; 19 (2) school owners; 20 (3) instructor; 21 (4) shop owner; 22 (5) practitioner of barbering; 23 (6) practitioner of hairdressing; 24 (7) practitioner of manicuring; 25 (8) practitioner of esthetics; 26 (9) practitioner of limited manicuring [ENDORSEMENT FOR 27 ADVANCED MANICURIST]; 28 (10) practitioner of tattooing and permanent cosmetic coloring; 29 (11) practitioner of body piercing; 30 (12) temporary shop license; 31 (13) temporary permit;
01 (14) temporary license; 02 (15) student permit. 03 * Sec. 14. AS 08.13.220 is amended by adding a new paragraph to read: 04 (14) "limited manicuring" 05 (A) means, for a fee, to 06 (i) cut, trim, polish, color, tint, or cleanse a natural nail; 07 or 08 (ii) cleanse, treat, or beautify the hands or feet for 09 cosmetic purposes; 10 (B) does not include 11 (i) cutting, trimming, coloring, tinting, or cleansing an 12 artificial nail; 13 (ii) massage treatment; or 14 (iii) cleansing, treating, or beautifying the hands or feet 15 solely for the treatment of disease or physical or mental ailments. 16 * Sec. 15. AS 08.13.080(c) and 08.13.110(b) are repealed. 17 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 TRANSITIONAL PROVISIONS: REGULATIONS. The Department of Commerce, 20 Community, and Economic Development and the Board of Barbers and Hairdressers may 21 proceed to adopt regulations necessary to implement the provisions of this Act under 22 AS 08.13.030. The regulations take effect under AS 44.62 (Administrative Procedure Act), 23 but not before the effective date of the statutory changes. 24 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 TRANSITIONAL PROVISIONS AFFECTING EXISTING LICENSEES. (a) 27 Notwithstanding AS 08.13.080(a), as amended by sec. 3 of this Act, and AS 08.13.080(b), as 28 amended by sec. 4 of this Act, a practitioner of manicuring license or an endorsement for 29 advanced manicurist authorized by the Board of Barbers and Hairdressers under 30 AS 08.13.100 and issued by the Department of Commerce, Community, and Economic 31 Development before the effective date of this section is valid for the scope of practice
01 authorized by the license or endorsement at the time the license or endorsement was issued 02 and is valid until the later of 03 (1) the expiration of the period for which the license or endorsement was 04 issued; or 05 (2) if the licensee applies to the department for a license extension, a date that 06 is not more than 12 months after the effective date set out in sec. 19 of this Act. 07 (b) The Department of Commerce, Community, and Economic Development may 08 charge a manicuring licensee a reasonable fee for the extension of a license under (a)(2) of 09 this section. 10 (c) A licensee holding a license or endorsement authorized by the Board of Barbers 11 and Hairdressers under AS 08.13.100 and issued by the Department of Commerce, 12 Community, and Economic Development before the effective date of this section may not 13 renew the manicuring license unless the licensee has passed the exam required under 14 AS 08.13.100(a), as amended by sec. 5 of this Act. A licensee holding a manicuring license 15 issued by the Department of Commerce, Community, and Economic Development before the 16 effective date of this section may sit for the examination at any time and place the exam is 17 administered by the Board of Barbers and Hairdressers under AS 08.13.090(a) before the 18 licensee's license issued before the effective date of this section expires under (a)(1) or (2) of 19 this section. 20 (d) The Board of Barbers and Hairdressers may not require a licensee applying to 21 renew a license or endorsement authorized by the Board of Barbers and Hairdressers under 22 AS 08.13.100 and issued by the Department of Commerce, Community, and Economic 23 Development before the effective date of this section to successfully complete all courses 24 required of an applicant for licensure as a manicurist under AS 08.13.080(a), as amended by 25 sec. 3 of this Act, unless the licensee fails to pass the examination required under (c) of this 26 section. 27 (e) The Department of Commerce, Community, and Economic Development shall 28 issue a limited practitioner of manicuring license to a licensee renewing a license authorized 29 by the Board of Barbers and Hairdressers under AS 08.13.100 and issued by the Department 30 of Commerce, Community, and Economic Development before the effective date of this 31 section if the licensee
01 (1) does not take the examination required under (c) of this section for renewal 02 of a license to practice manicuring; or 03 (2) has failed to pass the examination required under (c) of this section. 04 * Sec. 18. Section 16 of this Act takes effect immediately under AS 01.10.070(c). 05 * Sec. 19. Except as provided in sec. 18 of this Act, this Act takes effect July 1, 2010.