Legislature(1995 - 1996)

01/16/1996 03:03 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
 HB 73 - LICENSURE OF MANICURISTS                                            
 Number 1458                                                                   
 CO-CHAIR BUNDE passed the gavel to CO-CHAIR TOOHEY for House Bill             
 73, the Licensure of Manicurists.                                             
 CO-CHAIR TOOHEY asked Representative Tom Brice to give his sponsor            
 REPRESENTATIVE BRICE said the genesis of this bill came about while           
 talking with the owner of the hair salon/school in Fairbanks where            
 he normally gets his hair cut.  After briefly researching the                 
 issue, it was discovered that only eight other states have no                 
 licensing requirement for manicurists.  The requirements contained            
 in the legislation are similar to other states and the minimum                
 number of hours was derived by taking a median of what other states           
 required.  He said personally, he has not had bad results with                
 manicurists; however, there were some public health issues brought            
 to his attention which he felt needed to be addressed.                        
 CO-CHAIR TOOHEY  asked Catherine Reardon to come forward to                   
 Number 1629                                                                   
 CATHERINE REARDON, Director, Division of Occupational Licensing,              
 Department of Commerce & Economic Development, stated this bill               
 adds another professional to those already currently regulated by             
 the Barbers and Hairdressers Board.  She noted that manicures                 
 includes pedicures in this legislation.  HB 73 would handle                   
 manicurists licensing basically the same way as barber and                    
 hairdresser licensing.  That means that schools, instructors and              
 shops would be licensed and students would have to complete the               
 number of hours of study that is determined by the board in                   
 regulation, as well as take an exam which she anticipates will be             
 a written national exam and probably a practical exam, although               
 that is not defined in the legislation and would be left to the               
 board to determine.  After the exam and the study, there would be             
 a 250-hour apprenticeship at a licensed shop.  The residents of               
 communities with a population under 1,000 are exempted, as they are           
 from the barber and hairdressing requirements.  It would be a Class           
 B misdemeanor to work as a manicurists without being licensed.                
 Number 1743                                                                   
 MS. REARDON said there are no good statistics as to how many                  
 manicurists there are in the state since the department does not              
 currently license manicurists.  She advised committee members the             
 department's fiscal note was based on guesswork and may be adjusted           
 as she obtains additional information.  The fiscal note reflects              
 predominately exam costs.  Since it is a national exam, she                   
 understood that the department would collect the money from the               
 applicants and then pay the exam service $55 per applicant.  She              
 referred to the $36,000 contractual on the fiscal note and said 90            
 percent of that is pass through money that would be sent to the               
 national exam service.  The balance of the contractual money is to            
 pay for exam proctors and exam sites.  The assumption was made                
 would be 590 manicurists.  That number was determined by a review             
 of the FY 95 business licenses which revealed 295 businesses                  
 licensed as a manicure/pedicure salon.  The 295 was doubled                   
 inasmuch as the department estimated an average of two licensees              
 per salon.  Also, there could be full service hairdressing salons             
 that have manicurists, which were not factored in.                            
 Number 1868                                                                   
 MS. REARDON said her testimony assumed the legislature or committee           
 would include some type of grandfathering provision, which could be           
 included in the amendment.  For that reason, she assumed the 590              
 manicurists would take the exam and get grandfathered in during FY            
 97, which would increase the number of exams for that fiscal year.            
 The department would have to pay the national service for more                
 exams that year which explains why the fiscal note is larger in FY            
 CO-CHAIR BUNDE referred to the grandfathering provision and asked             
 if the 590 manicurists would take the exam and automatically be               
 granted a license or is it possible they could take the exam and              
 find out they were not qualified?                                             
 MS. REARDON said it is possible they could fail the exam.  As she             
 understood the grandfathering provision, people would be eligible             
 to take the exam if they could demonstrate to the department they             
 had practiced manicuring for compensation for at least 350 hours              
 during the last year.  Certainly, they could fail the exam, but her           
 assumption was they would all pass and be licensed.                           
 CO-CHAIR TOOHEY asked if this would be a national exam.                       
 MS. REARDON responded the bill does not specify which exam the                
 manicurists would be given; it leaves that up to the board.                   
 However, in the case of barbers and hairdressers, the board has               
 chosen to use the national exam.  It was her assumption that would            
 also be the case with manicurists.                                            
 CO-CHAIR TOOHEY asked if manicurists licensed with a national exam            
 in another state would still need to go through the process in                
 MS. REARDON said Alaska does have reciprocity as long as the test             
 and licensing requirements were substantially the same.                       
 CO-CHAIR TOOHEY said she assumed the exam would be taken only once.           
 MS. REARDON responded that was correct.  The exam would be taken              
 once and then the license would be renewed every two years.                   
 CO-CHAIR TOOHEY asked about the cost of the license.                          
 MS. REARDON said the cost of the license isn't determined in                  
 statute.  It would work the same way as all the other occupational            
 licensing programs; that is, they set it based on the costs.  She             
 noted that the fiscal note is all funded through programs receipts:           
 license fees.  It is hard to know how many of the division's                  
 existing resources would be used on the program.  She referred to             
 page 4 of the fiscal note, and said it was anticipated at the start           
 up of the program they would charge $125.74 for a two year license            
 and a $55 charge for the exam, which she reiterated was what the              
 national exam service charges.  The fiscal note does not ask for a            
 lot of new resources for the Division of Occupational Licensing, so           
 most of this program would be run by the existing staff.  The staff           
 currently documents how much time is spent on each program and                
 their hours are billed to that program.  Every two years, the time            
 is calculated and charged to the appropriate program.                         
 Number 2128                                                                   
 CO-CHAIR BUNDE asked if individuals who put on artificial nails               
 would come under the manicurist provision.  In other words, is                
 putting on artificial nails considered a manicure.                            
 MS. REARDON said she thought the rapid growth in the field of                 
 acrylic nails was one of the contributing factors to legislation in           
 this area.  The possibility of infection from having nails covered            
 for long periods of time is one of the health risks of concern to             
 people.  She referred to the definition of manicure and pedicure on           
 the last page of the bill and said she thought it would be covered.           
 REPRESENTATIVE DAVIS referred to the requirement to present                   
 evidence satisfactory to the board that the person has practiced              
 manicure for compensation for at least 350 hours and asked if that            
 applied to a continued license also.                                          
 MS. REARDON said that was the grandfathering provision.  For                  
 example, an individual who puts on acrylic nails would be required            
 to present evidence to the board which documented they had been               
 doing that for money for one year.  That evidence would have to be            
 presented again at the time of renewal of the license.  It allows             
 a way to get the current workers in without having to go back to              
 TAPE 96-2, SIDE A                                                             
 Number 001                                                                    
 SARA EDDING, Owner, New Concepts Beauty School, testified via                 
 teleconference from Fairbanks that she has worked with                        
 Representative Brice on this issue for the last couple of years.              
 She believes the public is being mislead by assuming that a                   
 manicurist or a nail technician working in a business has been                
 properly trained to protect the client's health and safety.  She              
 has received calls from people who want to know who they can                  
 contact to report or discuss injuries they received from an                   
 untrained individual.  She pointed out there are a number of                  
 individuals practicing this trade who are trained and want to be              
 protected under the state licensing provision.  Ms. Edding stated             
 she does intend to develop a curricula which will meet the state              
 Number 187                                                                    
 MARI ANN STOEFFEL, Member, Barbers and Hairdressers Board,                    
 testified from Mat-Su, and referenced a letter she had written to             
 Representative Brice which basically stated the board is in                   
 unanimous agreement to regulate manicurists.  She said in the                 
 process of manicuring, there is the possibility of injury where               
 blood is drawn from using the instruments.   She asked the                    
 committee to give serious consideration to regulating manicurists;            
 not for additional revenues, but because it is a serious concern to           
 the public.                                                                   
 CO-CHAIR BUNDE referenced the changes in health care in the recent            
 past and assumed that acrylic nails were relatively new.  He asked            
 if manicurists are re-tested when they are re-licensed as far as              
 update of the art.                                                            
 MS. STOEFFEL pointed out that currently manicurists have not been             
 tested, but if there was some new development and there was a need,           
 they would certainly communicate that.  She is fairly familiar with           
 the national hairdressing authority (indisc.), and assumes that               
 manicurists would be the same in that sanitation is paramount in              
 these exams.  Students are examined very carefully and very                   
 extensively in the sanitation process.                                        
 CO-CHAIR BUNDE clarified that under this legislation, manicurists             
 are not re-tested when they are re-licensed.                                  
 MS. STOEFFEL said the primary objective of this legislation is to             
 get the trade regulated and under the regulations of the Board of             
 Barbers and Hairdressers.                                                     
 REPRESENTATIVE BRICE referred to some of the concerns expressed by            
 Co-Chair Bunde and said through the licensing of manicurists, a               
 data base would be established by which new information could be              
 distributed.  He said the idea of continuing education is certainly           
 one that could be looked at.  On the other hand, making sure that             
 manicurists are aware of new issues is an area that could be                  
 addressed by the board, and they would have the information                   
 available to do that.                                                         
 CO-CHAIR TOOHEY asked Representative Brice if he wanted to move his           
 REPRESENTATIVE BRICE suggested first hearing the rest of the                  
 SUNDAE GRIFFIN, Nail Boutique, testified via teleconference from              
 Fairbanks.  She referenced page 6, line 20, and suggested that                
 "affixing by artificial means for the addition to or extension of             
 natural nail" be inserted after the word cleansing.  The                      
 application of artificial nails would be added in, just as                    
 pedicuring was included.                                                      
 CO-CHAIR TOOHEY suggested that Representative Brice look at                   
 including that in the new amendment.                                          
 REPRESENTATIVE BRICE said he would discuss the issue and work on              
 some possible language to be brought back before the committee.               
 Number 610                                                                    
 SUNDAE RAGSDALE, Owner, Pretty Fingers, testified from Fairbanks.             
 She commented that often times clients, particularly new clients,             
 coming to her shop give her a questioning look when she asks them             
 to cleanse their hands before she starts the services.  She                   
 mentioned there are a lot of things that unlicensed people do, but            
 didn't want to go in to all the details.                                      
 CO-CHAIR TOOHEY suggested that Ms. Ragsdale contact Representative            
 Brice's office.                                                               

Document Name Date/Time Subjects