SB209 By Senator Ward RFD Fiscal Responsibility and Economic Development Rd 1 11-MAR-15

SYNOPSIS: Under existing law, the Alabama Board of Cosmetology and Barbering is responsible for regulating the practices of cosmetology and barbering in the state.

This bill would clarify that schools of cosmetology and barbering provide training programs above the secondary level.

This bill would also provide for cosmetology and barber training programs above the secondary level.

A BILL TO BE ENTITLED AN ACT

To amend Sections 34-7B-1 and 34-7B-26, Code of Alabama 1975, relating to the Alabama Board of Cosmetology and Barbering; to provide further for the definition of a school and to provide for cosmetology and barber training programs above the secondary level.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 34-7B-1 and 34-7B-26 of the Code of Alabama 1975, are amended to read as follows:

§34-7B-1.

"For the purposes of this chapter, the following terms shall have the following meanings:

"(1) APPRENTICE. Any person engaged in learning the practices defined in this chapter including, but not limited to, assisting in the performance of any acts of barbering or cosmetology on the general public under the constant and direct supervision of a person who has held a valid current license issued by the board for at least five years, in a shop licensed by the board. No apprenticeship is provided for natural hairstyling.

"(2) BARBER. Any person, other than a student or apprentice, who performs barbering on the general public for compensation, and who shall satisfy the qualifications and licensure requirements provided in this chapter for a barber.

"(3) BARBERING. The occupation of shaving or trimming the beard, cutting or dressing the hair, giving facial or scalp massages, giving facial or scalp treatment with oils or creams or other preparations made for that purpose, either by hand or by means of mechanical appliances, singeing and shampooing the hair, dyeing the hair, or permanently waving or straightening the hair of any living or deceased person for compensation.

"(4) BOARD. The Alabama Board of Cosmetology and Barbering.

"(5) COSMETOLOGIST. Any person, other than a student or apprentice, who performs cosmetology on the general public for compensation, and who shall satisfy the qualifications and licensure requirements provided in this chapter for a cosmetologist.

"(6) COSMETOLOGY. Any of the practices generally recognized as beauty culture, hairdressing, or any other designation engaged in by any person who performs such on the general public for compensation including, but not limited to, cleansing, singeing, cutting, arranging, dressing, curling, braiding, waxing, bleaching, weaving, coloring the hair by hand or mechanical apparatus, the use of creams, lotions, or cosmetic preparations, with or without massage, on the scalp, face, arms, legs, feet, or hands, esthetics practices, nail technology, manicure, pedicure, or desairology.

"(7) ESTHETICIAN. Any person, other than a student or apprentice, who performs esthetics on the general public for compensation, and who shall satisfy the qualifications and licensure requirements provided in this chapter for an esthetician.

"(8) ESTHETICS. The practice of performing acts of skin care including, but not limited to, facials, body waxing, makeup, and general esthetics procedures on the general public for compensation.

"(9) ESTHETICS/MANICURE. A combination of the practices of esthetics and manicure.

"(10) ESTHETICIAN/MANICURIST. Any person, other than a student or apprentice, who performs a combination of the practices of esthetics and manicure on the general public for compensation, and who shall satisfy the qualifications and licensure requirements provided in this chapter for an esthetician/manicurist.

"(11) INSTRUCTOR. A licensee who teaches in a licensed or registered school of barbering or any branch of cosmetology and completes any applicable requirements for continuing education.

"(12) LICENSE. A document issued by the board which entitles the holder to practice the profession listed on the document.

"(13) LICENSEE. Any person holding a license issued pursuant to this chapter.

"(14) MANICURE. The practice of beautifying or grooming the fingernails, toenails, adding nail tips, extensions, gels, or massaging the hands, forearms, feet, or lower legs of the general public for compensation.

"(15) MANICURIST. Any person, other than a student or apprentice, who performs the practice of manicure on the general public for compensation, and who shall satisfy the qualifications and licensure requirements provided in this chapter for a manicurist.

"(16) MANICURE/WAXING. A combination of the practices of manicure and waxing.

"(17) MANICURIST/WAXER. Any person, other than a student or apprentice, who performs a combination of the practices of manicure and waxing on the general public for compensation, and who shall satisfy the qualifications and licensure requirements provided in this chapter for a manicurist/waxer.

"(18) NATURAL HAIR STYLING. The practice of cleansing, weaving or interweaving, extending, locking, braiding, or arranging the hair without cutting, coloring, permanent waving, relaxing, removing, or chemical treatments.

"(19) NATURAL HAIRSTYLIST. Any person, other than a student, who performs natural hair styling on the general public for compensation, and who shall satisfy the qualifications and licensure requirements provided in this chapter for a natural hairstylist.

"(20) SCHOOL. An establishment licensed or registered by the board to teach any or all of the practices of barbering or cosmetology in training programs above the secondary level.

"(21) SHAMPOO ASSISTANT. Any person who is licensed to perform only the practices of shampooing, cleansing, or applying temporary weekly color rinses to the hair of the general public for compensation, and who shall satisfy the qualifications and licensure requirements provided in this chapter for a shampoo assistant.

"(22) SHOP. Any place where barbering or cosmetology is practiced. Only a properly licensed person, who is not an apprentice or a student, may operate a shop.

"(23) STUDENT. Any person who is engaged in learning any practice regulated by this chapter in a school licensed or registered pursuant to this chapter, and who, as part of the learning process, performs or assists in any practice regulated by this chapter under the immediate supervision of an instructor who is licensed pursuant to this chapter.

"(24) THREADING. The practice of eyebrow removal with the use of a loop made of cotton or any other material.

"(25) THREADER. Any person engaged in the practice of threading on the general public for compensation, and who shall satisfy the qualifications and licensure requirements provided in this chapter for a threader.

§34-7B-26.

"(a) Before being licensed by the board to operate a school, an applicant shall satisfy all of the requirements of this section.

"(1) An applicant shall submit to the board all of the following:

"a. A bond, in the amount of fifty thousand dollars ($50,000) to protect potential students in the event of closure.

"b. Proof of sufficient liability insurance coverage.

"c. A current financial statement prepared by a reputable source and, if required by the board, a letter of credit.

"d. A list of equipment owned by the school.

"e. A sample of student contract agreements and financial forms relating to tuition, grants, and scholarships.

"f. Furnish affidavits from an adequate number of prospective students as approved by the board stating their intent to enroll when the school opens.

"(2) A school licensed or applying for licensure under this chapter shall maintain recognition as an institution of postsecondary study by satisfying all of the following conditions:

"a. The school shall admit as a regular student only a person who has earned a recognized high school diploma, or the equivalent, or who is above the age of mandatory high school attendance.

"b. The school shall be licensed by name, or if an applicant applies for licensure by name, under this chapter to offer one or more training programs above the secondary level.

"(2)(3) The applicant, owner, proposed dean, or proper corporate executive may be required to appear before the board.

"(3)(4) The applicant shall satisfy the board that the building proposed to house the school is all of the following:

"a. In compliance with all state and local zoning, health, and building codes.

"b. Clean and well-lighted.

"c. Large enough to accommodate the anticipated student body.

"d. Completely segregated from any other business.

"e. Contains sufficient equipment and supplies for the proper and complete teaching of all subjects in its proposed curriculum.

"(b) To maintain current and continuing licensure under this chapter, the school, to the satisfaction of the board, shall do all of the following:

"(1) Employ one instructor and one on-call instructor for the first 20 students enrolled and in attendance at the school, and an additional instructor for each additional 20 students enrolled and in attendance at the school.

"(2) Have no more than two instructor trainees per each instructor.

"(3) Provide that the same person may not serve as the on-call instructor for more than one school.

"(4) Maintain daily, monthly, and cumulative records for each student.

"(5) Maintain regular classes and instruction hours.

"(6) Establish grades and conduct appropriate examinations on a timely basis.

"(7) Require a school term of training for a complete course with the minimum number of hours prescribed for each term. Programs reporting by clock hours shall comply with recording rules provided in this subsection and shall also furnish the board with an official transcript for each student within 30 days after the student completes the program or terminates enrollment.

"(8) Include practical demonstrations, theoretical studies, and the study of sanitation, sterilization, and other safety measures and the use of antiseptics, cosmetics, and electrical appliances consistent with the practical and theoretical requirements applicable to any of the practices regulated by this chapter which are part of the school's curriculum.

"(c) A school engaged only in the teaching of barbers, estheticians, or manicurists is not required to provide instruction in other practices regulated by this chapter. Such a school is required to satisfy all requirements imposed upon a school of cosmetology or a school of barbering relating to instructors, attendance records, enrollment, and other matters.

"(d) The sale or transfer of a school is subject to prior approval by the board if the school is to continue in operation after the sale or transfer. The board may deny the sale or transfer of a school if the owner or operator of the school is the subject of outstanding violations of this chapter or the rules of the board, or both."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Cosmetology and Barbering, Alabama Board of

Professional Licensing Board

Cosmetology

Boards and Commissions

Schools

Barbers and Barbering

Code Amended