HB344 By Representative Martin RFD Boards, Agencies and Commissions Rd 1 01-MAR-16

SYNOPSIS: Under existing law, certain barbers are exempt from regulation by the Alabama Board of Cosmetology and Barbering.

This bill would rename the board the Alabama Board of Cosmetology and would clarify that all barbers practicing barbering in the state are exempt from regulation by the board.

This bill would phase out the membership of barbers on the board and would add an additional esthetician and manicurist to the membership of the board.

This bill would also provide for the transition of the powers and duties of the Alabama Board of Cosmetology and Barbering to the Alabama Board of Cosmetology.

A BILL TO BE ENTITLED AN ACT

To amend Sections 34-7B-1, 34-7B-2, 34-7B-6, 34-7B-7, 34-7B-13, 34-7B-26, 34-7B-27, 34-7B-28, and 34-7B-29, Code of Alabama 1975, as amended by Act 2015-406, 2015 Regular Session, relating to the Alabama Board of Cosmetology and Barbering; to rename the board the Alabama Board of Cosmetology; to clarify the exemption of all barbers practicing barbering in the state from regulation by the board; to revise the membership of the board to phase out barber members and add an additional esthetician and manicurist to the membership of the board; to provide for the transition of the board from the Alabama Board of Cosmetology and Barbering to the Alabama Board of Cosmetology; and to repeal Section 34-7B-17, Code of Alabama 1975, which provided for the examination and licensing of Class 2 barbers by the board.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 34-7B-1, 34-7B-2, 34-7B-6, 34-7B-7, 34-7B-13, 34-7B-26, 34-7B-27, 34-7B-28, and 34-7B-29, Code of Alabama 1975, as amended by Act 2015-406, 2015 Regular Session, 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. A person who performs barbering on the general public for compensation or does any of the following in the ordinary course of his or her business: Arranges, cleans, cuts, or singes the hair of any person or massages, cleans, stimulates, exercises, or does similar work on the scalp, face, or neck of any person with the hands, or with mechanical or electrical apparatus or appliance, or by the use of cosmetic preparations, antiseptics, tonics, lotions, or creams. Any one or a combination of the following practices, when done upon the human body above the seventh cervical vertebra for cosmetic purposes and not for the treatment of disease or physical or mental ailments, and when done for payment, directly or indirectly or without payment for the public generally: Shaving or trimming the beard or trimming the hair.

"(2)(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, as performed by a Class 2 barber.

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

"(4) CLASS 1 BARBER. A person who only does the following in his or her ordinary course of business: Arranges, cleans, cuts, or singes the hair of any person or massages, cleans, stimulates, exercises, or does similar work on the scalp, face, or neck of any person with the hands, or with mechanical or electrical apparatus or appliance, or by the use of cosmetic preparations, antiseptics, tonics, lotions, or creams. Any one or a combination of the following practices, when done upon the human body above the seventh cervical vertebra for cosmetic purposes and not for the treatment of disease or physical or mental ailments, and when done for payment, directly or indirectly or without payment for the public generally: Shaving or trimming the beard or trimming the hair.

"(5) CLASS 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 Class 2 barber. For the purposes of this chapter, the term barber, standing alone, shall be deemed a reference to a Class 2 barber.

"(6)(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.

"(7)(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.

"(8)(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.

"(9)(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.

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

"(11)(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.

"(12)(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.

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

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

"(15)(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.

"(16)(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.

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

"(18)(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.

"(19)(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.

"(20)(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.

"(21)(20) SCHOOL. An establishment licensed or registered by the board to teach any or all of the practices of barbering or cosmetology.

"(22)(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.

"(23)(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.

"(24)(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.

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

"(26)(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-2.

"(a) There is created the Alabama Board of Cosmetology and Barbering which shall consist of seven persons appointed by the Governor. The membership of the board shall include all of the following:

"(1) Two active cosmetologists, who have been licensed by the board as cosmetologists for at least five years before appointment.

"(2) Two actively practicing Class 2 barbers, who have been practicing in the state for at least five years before appointment. Except for the initial members appointed to the board, Class 2 barber members of the board shall be licensed by the board before appointment.

"(3) One (2) Two active esthetician estheticians who has have been licensed by the board as an esthetician estheticians for at least five years before appointment.

"(4) One (3) Two active manicurist manicurists who has have been licensed by the board as a manicurist manicurists for at least five years before appointment.

"(5)(4) One consumer.

"(b) One member shall be appointed from each congressional district, as those districts are constituted on August 1, 2013, and shall reside in the district he or she represents during the entire term of office.

"(c) The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

"(d) All appointments shall be for a term of four years. No person shall serve for more than two terms on the newly constituted board. Except as an instructor, no member of the board may be affiliated with or own a school regulated by this chapter or any business which sells, rents, or distributes supplies to shops or schools. Any board member may be removed by the Governor for just cause.

"(e) The terms of all board members serving on August 1, 2013, the effective date of the act amending this subsection shall continue until expiration pursuant to original appointment. To facilitate the intent of this chapter, members whose terms expire by October 30, 2013, shall continue to serve until a successor is appointed pursuant to this chapter. As terms expire, successor board members shall be appointed by the Governor pursuant to subsection (a).

"(f) Members of the board shall annually elect from among their members a chair, a vice chair, a secretary, and a treasurer. The offices of secretary and treasurer may be combined.

"(g) Each member of the board shall be paid one hundred dollars ($100) per day for the transaction of board business, not exceeding 36 days during any calendar year, and shall be paid the same mileage and per diem rate as state employees.

§34-7B-6.

"(a) There is established a special fund in the State Treasury to be known as the Board of Cosmetology and Barbering Fund. The fund shall consist of all monies received by the board pursuant to this chapter. Monies in the fund shall be disbursed only upon warrant of the Comptroller upon itemized vouchers signed by the treasurer of the board or an authorized designee. Any money remaining in the fund at the end of each fiscal year shall remain on deposit in the fund for the use of the board.

"(b) All funds and fees of any nature received by the board shall be paid to the fund or a designated party on behalf of the board.

§34-7B-7.

"(a) Any person who desires to engage in any of the practices regulated by the board pursuant to this chapter shall be a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government, and shall file with the board a written application for examination or licensure. Before a person may engage in the practices regulated by this chapter, the person shall be licensed by the board pursuant to this chapter. Any person who practices, maintains a school or shop, or acts in any capacity without a license when one is required pursuant to this chapter, or who otherwise violates this chapter, shall be guilty of a misdemeanor and fined five hundred dollars ($500) or imprisoned for not more than 30 days, or both. Any corporation which violates this chapter shall be punished by a fine of not more than one thousand dollars ($1,000).

"(b) Licenses and permits issued by the board under the seal of the board and signed by an authorized representative of the board entitle the holder to legally practice the stated profession.

"(c)(1) To receive a personal license, an applicant shall satisfy any of the following requirements:

"a. All legal requirements, completion of the required hours as a student or apprentice, submission of the appropriate examination fees, successful completion of the appropriate examination, and submission of any applicable license fees.

"b. Be currently licensed in good standing in another state or jurisdiction, with documentation of having passed a board-approved examination, and submission of any applicable license fees.

"c. Be currently licensed in good standing in another state or jurisdiction, with documentation of having practiced as a licensee for at least five years before application to the board, and submission of any applicable license fees.

"d. Be otherwise qualified, submit any applicable examination fees, successfully complete any appropriate examinations, and submit any applicable license fees.

"(2)a. An application for examination or reexamination shall include the payment of a nonrefundable fee.

"b. Examination of an applicant for licensure shall be conducted pursuant to a procedure sanctioned by the board consistent with the prescribed curriculum for schools.

"c. An applicant who fails the prescribed examination shall be entitled to two additional attempts.

"d. An applicant who fails the prescribed examination on a third attempt shall complete additional hours of school training as the board may direct before being allowed to repeat the examination.

"(3) Personal licenses for any practice except Class 2 barbering as regulated by the board shall expire on the last day of the birth month of the licensee in odd-numbered years. An application for renewal that is postmarked later than the license expiration date shall subject the licensee to a late fee.

"(4) Personal licenses for Class 2 barbers shall expire on the last day of the birth month of the licensee in even-numbered years. An application for renewal that is postmarked later than the license expiration date shall subject the licensee to a late fee.

"(5)(4) Active personal licenses shall be displayed in a conspicuous place near the work station of the licensee.

"(d)(1) To receive a business license, an applicant shall satisfy all legal requirements and submit any applicable license fees.

"(2) All business licenses regulated by the board shall expire on the last day of September in odd-numbered years. An application for renewal that is postmarked later than October 31 in the year of expiration shall subject the licensee to a late fee.

"(3) On or before December 31, 2013, the initial fee for a Class 2 barber business license shall be one hundred fifty dollars ($150) for a shop and three hundred dollars ($300) for a school. Renewal fees shall be the same fee as the board provides for other business licenses under this chapter.

"(4)(3) A business license shall be displayed in a conspicuous place near the main entrance of the business.

"(5) The initial fee for a personal Class 2 barber license shall be the same fee as is provided for other original licenses under this chapter. The renewal fee shall be the same as is provided for other licenses under this chapter.

§34-7B-13.

"This chapter does not apply to any of the following persons, activities, or services:

"(1) Service in the case of emergency or domestic upheaval, without compensation.

"(2) Licensed medical professionals operating within the scope of their normal practice.

"(3) Personnel of the United States armed services performing their ordinary duties.

"(4) Any public trade school or other public school or school program under the purview of the State Board of Education or a local board of education.

"(5) Any person who only occasionally dresses hair and receives no compensation therefor, or does any other act or thing mentioned in this chapter, without holding himself or herself out to the public as a provider of any practices defined in this chapter for compensation.

"(6) Departments in retail establishments where cosmetics are demonstrated and offered for sale but where no other acts of cosmetology or barbering are performed.

"(7) The licensees of any county or municipal barber board or commission in existence on August 1, 2013, unless such board or commission elects, by resolution adopted by the governing body of the county or municipality, to come under the provisions of this chapter.

"(8) Any person who practices as a Class 1 barber.

§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 Affidavits from an adequate number of prospective students as approved by the board stating their intent to enroll when the school opens.

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

"(3) 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 Class 2 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.

§34-7B-27.

"The status of any person or entity properly licensed by the Alabama Board of Cosmetology under former Chapter 7A of this title, on August 1, 2013, or the Alabama Board of Cosmetology and Barbering under this chapter on the effective date of the act amending this section, shall continue under the Alabama Board of Cosmetology and Barbering under this chapter.

§34-7B-28.

"The administrative rules of the board existing on August 1, 2013, which reference Chapter 7A of this title, which is repealed by Act 2013-371, shall remain in effect until amended or repealed by the board. The administrative rules of the board existing on the effective date of the act amending this section, which reference the Alabama Board of Cosmetology and Barbering, shall be interpreted as referencing the Alabama Board of Cosmetology under this chapter and shall remain in effect until amended or repealed by the board.

§34-7B-29.

"(a) The existence and functioning of the Alabama Board of Cosmetology, created and functioning pursuant to Sections 34-7A-1 to 34-7A-25, inclusive, is continued pursuant to this chapter. All rights, duties, property, real or personal, and all other effects existing in the name of the Alabama Board of Cosmetology, or in any other name by which the board has been known, shall continue in the name of the Alabama Board of Cosmetology and Barbering. Any reference to the Alabama Board of Cosmetology, or any other name by which the board has been known, in any existing law, contract, or other instrument shall constitute a reference to the Alabama Board of Cosmetology and Barbering as created in this chapter. All actions of the Alabama Board of Cosmetology lawfully done prior to August 1, 2013, by the board or by the executive director or administrative assistant are approved, ratified, and confirmed. The board as constituted on August 1, 2013, shall constitute the board under this chapter.

"(b) The existence and functioning of the Alabama Board of Cosmetology and Barbering, created and functioning pursuant to this chapter, is continued pursuant to this chapter. All rights, duties, property, real or personal, and all other effects existing in the name of the Alabama Board of Cosmetology and Barbering, or in any other name by which the board has been known, shall continue in the name of the Alabama Board of Cosmetology. Any reference to the Alabama Board of Cosmetology and Barbering, or any other name by which the board has been known, in any existing law, contract, or other instrument shall constitute a reference to the Alabama Board of Cosmetology as created in this chapter. All actions of the Alabama Board of Cosmetology and Barbering lawfully done prior to the effective date of the act adding this subsection, by the board or by the executive director or administrative assistant are approved, ratified, and confirmed. The board as constituted on the effective date of the act adding this subsection shall constitute the board under this chapter."

Section 2. All laws or parts of laws which conflict with this act are repealed, and specifically, Section 34-7B-17, Code of Alabama 1975, providing for the examination and licensing of Class 2 barbers, is repealed.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Boards and Commissions

Alabama Board of Cosmetology and Barbering

Barbers and Barbering

Cosmetology

Professional Licensing Boards

Code Repealed

Code Amended