Legislature(2017 - 2018)

2017-04-27 House Journal

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2017-04-27                     House Journal                      Page 1247
HB 222                                                                                                                        
The following, which was advanced to third reading from the April 26                                                            
calendar (page 1219), was read the third time:                                                                                  
                                                                                                                                
      CS FOR HOUSE BILL NO. 222(L&C)                                                                                            
      "An Act relating to the licensure of nail technicians; and providing                                                      
      for an effective date."                                                                                                   

2017-04-27                     House Journal                      Page 1248
Representative Wilson moved and asked unanimous consent that                                                                    
CSHB 222(L&C) be returned to second reading for the specific                                                                    
purpose of considering Amendment No. 1.  There being no objection,                                                              
it was so ordered.                                                                                                              
                                                                                                                                
Amendment No. 1 was offered  by Representatives Wilson, Eastman,                                                                 
Tilton, LeDoux, Kawasaki, Birch, Grenn, Reinbold, Millett, Kopp,                                                                
Saddler, Rauscher, Thompson, Ortiz, Talerico, Knopp, Drummond,                                                                  
Neuman, Tarr, Stutes, Tuck, Johnson, Edgmon, and Claman:                                                                        
                                                                                                                                
Page 1, line 1, following "technicians;" (title amendment):                                                                   
      Insert "relating to the practice of manicuring;"                                                                        
                                                                                                                                
Page 1, line 4, through page 2, line 20:                                                                                        
      Delete all material and insert:                                                                                           
"* Section 1. AS 08.13.040 is amended to read:                                                                                
            Sec. 08.13.040. Meetings and examinations. The board shall                                                        
      meet as often as necessary to conduct its business. It shall conduct                                                      
      separate examinations covering the following fields of practice:                                                          
      barbering, hairdressing, advanced manicuring, and esthetics.                                                          
      Examinations shall be given at least twice in every year for each                                                         
      of these fields of practice for which applications for licensure or                                                   
      endorsements are pending. An applicant may take an examination                                                        
      in more than one field during the same testing session. The board                                                     
      may not require an applicant for licensure as a manicurist to                                                         
      take or pass an examination conducted by the board for the                                                            
      field of manicuring; however, nothing in this sentence                                                                
      prohibits the board from requiring a licensed manicurist to                                                           
      pass an examination to obtain an optional endorsement as an                                                           
      advanced manicurist under AS 08.13.080(f).                                                                            
   * Sec. 2. AS 08.13.080(a) is amended to read:                                                                              
            (a)  An applicant for an examination authorized under                                                               
      AS 08.13.040 must                                                                                                         
                  (1)  have successfully completed all courses that a school                                                    
      with a curriculum in barbering approved by the board is required                                                          
      to teach in order to be licensed under AS 08.13.110 if applying for                                                       
      a license to practice barbering;                                                                                          
                  (2)  have successfully completed all courses that a school                                                    
      with a curriculum in hairdressing approved by the board is                                                                
      required to teach to be licensed under AS 08.13.110 if applying                                                           

2017-04-27                     House Journal                      Page 1249
      for a license to practice hairdressing;                                                                                   
                  (3)  have successfully completed all courses that a school                                                    
      with a curriculum in esthetics approved by the board is required to                                                       
      teach in order to be licensed under AS 08.13.110 if applying for a                                                        
      license to practice esthetics;                                                                                            
                  (4)  [HAVE SUCCESSFULLY COMPLETED 250                                                                         
      HOURS OF INSTRUCTION IN MANICURING FROM A                                                                                 
      SCHOOL OF MANICURING OR HAIRDRESSING LICENSED                                                                             
      UNDER AS 08.13.110 IF APPLYING FOR A LICENSE TO                                                                           
      PRACTICE MANICURING;                                                                                                      
                  (5)]  have served an apprenticeship under AS 08.13.082;                                                       
                  (5) [(6)]  specify the field of practice in which the                                                     
      applicant intends to teach and have held a license to practice in the                                                     
      field for three years or have held a license in the field for one year                                                    
      and have completed 600 hours of student training as an instructor                                                         
      in the field of practice from a licensed school with a curriculum                                                         
      approved by the board if applying for a license as an instructor                                                          
      except that a person licensed as an instructor in hairdressing                                                        
      may be an instructor in manicuring for courses that satisfy the                                                       
      requirement of (e) of this section, and the board may, by                                                             
      regulation, establish requirements for other manicuring                                                               
      instructors, including instructors who teach courses that                                                             
      satisfy requirements for an advanced manicurist endorsement;                                                          
      or                                                                                                                        
                  (6) [(7)]  have completed course work and, if applicable,                                                 
      an apprenticeship acceptable to the board.                                                                                
   * Sec. 3. AS 08.13.080 is amended by adding new subsections to                                                             
read:                                                                                                                           
            (e)  An applicant for a license to practice manicuring shall                                                        
                  (1)  submit documentation that the applicant has                                                              
      completed a course of 12 hours of instruction or training approved                                                        
      by the board that addresses health, safety, and hygiene concerns of                                                       
      manicuring customers and practitioners that are relevant to the                                                           
      practice of manicuring from a school licensed under AS 08.13.110                                                          
      as a school of manicuring; documentation of completion of the                                                             
      course must include certification from the school that the applicant                                                      
      has passed a test given by the school covering the health, safety,                                                        
      and hygiene concerns of manicuring customers and practitioners                                                            
      that are relevant to the practice of manicuring; and                                                                      
                  (2)  pay the appropriate fee.                                                                                 

2017-04-27                     House Journal                      Page 1250
            (f)  An applicant for an endorsement to a license to practice                                                       
      manicuring indicating that the person is an advanced manicurist                                                           
      shall                                                                                                                     
                  (1)  hold, or be approved for, a current license issued                                                       
      under this chapter for manicuring;                                                                                        
                  (2)  request the endorsement;                                                                                 
                  (3)  submit documentation from a licensed school of                                                           
      manicuring or hairdressing certifying completion of 250 hours of                                                          
      instruction in manicuring that meet the requirements of                                                                   
      AS 08.13.110(e);                                                                                                          
                  (4)  pass an examination given by the board for advanced                                                      
      manicurists; and                                                                                                          
                  (5)  pay the appropriate fee.                                                                                 
   * Sec. 4. AS 08.13.100(a) is amended to read:                                                                              
            (a)  The board shall authorize the issuance of a license for the                                                    
      practice of barbering, hairdressing, [MANICURING,] or esthetics                                                           
      to each qualified applicant who has passed an examination under                                                           
      AS 08.13.090 and meets other applicable requirements under this                                                           
      chapter. The board shall authorize the issuance of a license for the                                                      
      practice of tattooing and permanent cosmetic coloring or for body                                                         
      piercing to each applicant who has satisfied the requirements of                                                          
      AS 08.13.080(d). The board shall authorize the issuance of a                                                          
      license to practice manicuring to each applicant who has                                                              
      satisfied the requirements of AS 08.13.080(e). The board shall                                                        
      authorize the issuance of an endorsement to a license to                                                              
      practice manicuring indicating that the person is an advanced                                                         
      manicurist to each applicant who has satisfied the                                                                    
      requirements of AS 08.13.080(f).                                                                                      
   * Sec. 5. AS 08.13.100(d) is amended to read:                                                                              
            (d)  A person who holds a current valid license from a board                                                        
      of barbering, hairdressing, manicuring, or esthetics in another state                                                     
      or who is licensed by another state to practice tattooing and                                                             
      permanent cosmetic coloring or to practice body piercing is                                                               
      entitled to a license or endorsement under this chapter without                                                       
      examination or a new period of training in this state. An                                                                 
      application must include                                                                                                  
                  (1)  proof of a valid license issued by another licensing                                                     
      jurisdiction; and                                                                                                         
                  (2)  proof of completed training, testing, and working                                                        
      experience that the board finds to meet the minimum requirements                                                          

2017-04-27                     House Journal                      Page 1251
      of this state.                                                                                                            
   * Sec. 6. AS 08.13.110 is amended by adding new subsections to                                                             
read:                                                                                                                           
            (d)  The board shall issue a license to a school of manicuring                                                      
      if it offers a curriculum of 12 hours of instruction or training                                                          
      approved by the board that addresses health, safety, and hygiene                                                          
      concerns of manicuring customers and practitioners that are                                                               
      relevant to the practice of manicuring. A school of manicuring                                                            
      may offer instruction in addition to the 12 hours required for a                                                          
      license, but the board may not issue a license to a school of                                                             
      manicuring if the school requires its students to complete more                                                           
      than 12 hours of the required instruction or training in health,                                                          
      safety, and hygiene concerns before the school will certify that the                                                      
      student has completed the school's manicuring course for purposes                                                         
      of AS 08.13.080(e).                                                                                                       
            (e)  A school of manicuring may seek approval from the board                                                        
      for a curriculum designed to qualify students for an advanced                                                             
      manicurist endorsement. The board shall establish the curriculum                                                          
      requirements applicable under this subsection through its authority                                                       
      under (a) of this section.                                                                                                
   * Sec. 7. AS 08.13.160(d) is amended to read:                                                                              
            (d)  The licensing and permit provisions of this chapter do not                                                     
      apply to                                                                                                                  
                  (1)  a person practicing barbering, hairdressing,                                                             
      manicuring, or esthetics in a community having a population of                                                            
      less than 1,000 people that is not within 25 miles of a community                                                         
      of more than 1,000 people and who uses only chemicals available                                                           
      to the general public;                                                                                                    
                  (2)  a licensed health care professional;                                                                     
                  (3)  a person licensed by another licensing jurisdiction in                                                   
      a field of practice licensed by this chapter while demonstrating                                                          
      techniques or products to persons holding licenses or permits                                                             
      under this chapter;                                                                                                       
                  (4)  a person practicing tattooing and permanent cosmetic                                                     
      coloring or body piercing solely on the person's own body;                                                            
                  (5)  the practice of manicuring by a student as part of                                                   
      instruction in a 12-hour course approved under                                                                        
      AS 08.13.110(d).                                                                                                      
   * Sec. 8. AS 08.13.175 is amended to read:                                                                                 
            Sec. 08.13.175. Temporary license. A person who meets the                                                         

2017-04-27                     House Journal                      Page 1252
      requirements of AS 08.13.080(a)(1), (2), (3), (4), [(5),] or (6) [(7)]                                                
      is entitled to be temporarily licensed after applying for                                                                 
      examination under this chapter if the applicant works under the                                                           
      direct supervision, and within the physical presence, of a person                                                         
      who is licensed in the area of practice for which the applicant has                                                       
      applied for examination. A temporary license issued under this                                                            
      section is valid for 120 days and is nonrenewable. A person may                                                           
      not receive more than one temporary license for each area of                                                              
      practice licensed under this chapter. An application for a                                                                
      temporary license must be signed by the supervising licensee and                                                          
      accompanied by the temporary license fee required under                                                                   
      AS 08.13.185.                                                                                                             
   * Sec. 9. AS 08.13.185(a) is amended to read:                                                                              
            (a)  The Department of Commerce, Community, and                                                                     
      Economic Development shall set fees under AS 08.01.065 for                                                                
      initial licenses and renewals for the following:                                                                          
                  (1)  schools;                                                                                                 
                  (2)  school owners;                                                                                           
                  (3)  instructor;                                                                                              
                  (4)  shop owner;                                                                                              
                  (5)  practitioner of barbering;                                                                               
                  (6)  practitioner of hairdressing;                                                                            
                  (7)  practitioner of manicuring;                                                                              
                  (8)  practitioner of esthetics;                                                                               
                  (9)  practitioner of tattooing and permanent cosmetic                                                         
      coloring;                                                                                                                 
                  (10)  practitioner of body piercing;                                                                          
                  (11)  temporary shop license;                                                                                 
                  (12)  temporary permit;                                                                                       
                  (13)  temporary license;                                                                                      
                  (14)  student permit;                                                                                     
                        (15)  endorsement for advanced manicuring.                                                         
   * Sec. 10. AS 08.13.082(e) is repealed.                                                                                    
   * Sec. 11. Section 13, ch. 27, SLA 2015, is repealed."                                                                     
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Representative Wilson moved and asked unanimous consent that                                                                    
Amendment No. 1 be adopted.  There being no objection, Amendment                                                                
No. 1 was adopted, and the new title follows:                                                                                   

2017-04-27                     House Journal                      Page 1253
      CS FOR HOUSE BILL NO. 222(L&C) am                                                                                         
      "An Act relating to the licensure of nail technicians; relating to the                                                    
      practice of manicuring; and providing for an effective date."                                                             
                                                                                                                                
CSHB 222(L&C) am was automatically in third reading.                                                                            
                                                                                                                                
The question being:  "Shall CSHB 222(L&C) am pass the House?"                                                                   
The roll was taken with the following result:                                                                                   
                                                                                                                                
CSHB 222(L&C) am                                                                                                                
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Birch, Chenault, Claman, Drummond, Eastman, Edgmon,                                                                      
Fansler, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston,                                                                    
Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux,                                                                 
Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler,                                                            
Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr,                                                                    
Thompson, Tilton, Tuck, Westlake, Wilson, Wool                                                                                  
                                                                                                                                
And so, CSHB 222(L&C) am passed the House.                                                                                      
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the roll                                                             
call on the passage of the bill be considered the roll call on the                                                              
effective date clause.  There being no objection, it was so ordered.                                                            
                                                                                                                                
CSHB 222(L&C) am was referred to the Chief Clerk for engrossment.