REFERENCE TITLE: barbers; cosmetologists; licensure; apprenticeships

 

 

 

 

State of Arizona

House of Representatives

Fifty-third Legislature

Second Regular Session

2018

 

 

HB 2476

 

Introduced by

Representatives Mosley: Bowers, Carter, Cobb, Coleman, Cook, Lawrence, Payne, Rivero, Saldate, Stringer, Toma, Ugenti-Rita, Senator Gray

 

 

AN ACT

 

amending sections 32‑322 and 32‑325, Arizona Revised Statutes; amending title 32, chapter 3, article 2, Arizona Revised Statutes, by adding section 32-330; amending sections 32‑506, 32‑510, 32‑511, 32‑512, 32‑512.01 and 32‑513, Arizona Revised Statutes; amending title 32, chapter 5, article 2, Arizona Revised Statutes, by adding section 32-519; relating to barbering and cosmetology.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 32-322, Arizona Revised Statutes, is amended to read:

START_STATUTE32-322.  Barber license; application; qualifications; reciprocity

A.  An applicant for a barber license shall file the following with the board:

1.  A written application on a form prescribed by the board.

2.  Evidence satisfactory to the board that the applicant possesses the necessary qualifications.

3.  One signed photograph.

B.  Each applicant shall:

1.  Be at least sixteen years of age.

1.  Either:

2.  (a)  Complete and receive appropriate credits for at least two years of high school education or its equivalent as prescribed by the board in its rules and submit to the board satisfactory evidence that the person is at least sixteen years of age.

(b)  Submit to the board satisfactory evidence that the person is at least eighteen years of age.

3.  2.  Pass an examination given under the direction of the board.

4.  3.  Pay the prescribed fees.

5.  4.  Either:

(a)  Be a graduate of a school that is licensed pursuant to this chapter or a graduate of a school or program in another state or country that at the time of the applicant's graduation met the barber licensing requirements of that state or country.

C.  An applicant who holds a valid license to practice barbering issued by another state that has, in the opinion of the board, licensure requirements that are substantially equivalent to the requirements of this state and that grants similar reciprocal privileges to barbers licensed by this state and who has at least one year's experience as a licensed barber is exempt from subsection B, paragraph 3 of this section.

(b)  Successfully complete a barber apprenticeship pursuant to section 32-330.

C.  Notwithstanding any other law, the board shall issue a barber license if a person does all of the following:

1.  Submits to the board an application for a barber license on a form supplied by the board.

2.  Submits to the board satisfactory evidence that the person is licensed in another state or country.

3.  Pays the barber license by reciprocity fee prescribed by section 32‑328.

D.  Notwithstanding subsection B, paragraph 5 paragraphs 2 and 4 of this section, an applicant for a barber license who holds a cosmetologist license or a hairstylist license issued pursuant to chapter 5 of this title shall complete a seven hundred fifty-hour course of study consisting of barbering techniques in a barbering school licensed pursuant to this chapter that includes at least:

1.  For a cosmetologist, fifty hours of study.

2.  For a hairstylist, three hundred hours of study. END_STATUTE

Sec. 2.  Section 32-325, Arizona Revised Statutes, is amended to read:

START_STATUTE32-325.  School license; application; qualifications; bond

A.  An applicant for a license to operate a school shall file a written application on a form prescribed by the board.  The application shall be under oath and accompanied by the prescribed fee.

B.  A course of instruction in a licensed school which that teaches barbering shall consist of at least one thousand five nine hundred hours of instruction of not more than eight hours in any one working day.  The course of instruction shall include:

1.  At least two one hundred fifty hours devoted to the study of the fundamentals of barbering, hygiene, bacteriology, histology of the hair, skin, muscles and nerves, structure of the head, face and neck, elementary chemistry relating to sterilization and antiseptics and diseases of the skin, hair and glands.

2.  At least one thousand two seven hundred fifty hours devoted to the practice and study of massaging and manipulating muscles of the scalp, face and neck, hair cutting haircutting, shaving and chemical work relating to permanent waves and hair straightening, coloring and bleaching.

C.  A licensed school shall:

1.  Be operated under the general supervision of a licensed instructor.

2.  Have and maintain sufficient equipment to properly train all its students in the use, function and operation of equipment which that is at the time in use in barbering.

3.  Provide:

(a)  Separate lecture rooms or classrooms.

(b)  Locker spaces for students.

(c)  An area appropriate in size for the placement of the training equipment.

4.  Require that a student pass examinations in all phases of barbering before he graduates graduating.

5.  Pass an inspection by the board before a school license is issued.

6.  Furnish to the board and maintain in force a bond in the sum of twenty‑five thousand dollars that is approved by the board and executed by a corporate bonding company authorized to do business in this state.  The bond shall be for the benefit of and subject to the claims of the this state for failure to comply with the requirements of this chapter and conditioned that the school licensed pursuant to this chapter shall afford to its students the full course of instruction required pursuant to this chapter, in default of which the full amount of the tuition paid by the student shall be refunded.

D.  The student to instructor student‑to‑instructor ratio in a school shall be not more than twenty to one.

E.  Instructors shall not apply their time to private practice with or without compensation in a school or during school hours.

F.  Students shall not teach other students.

G.  Students shall be under the constant supervision of an instructor. END_STATUTE

Sec. 3.  Title 32, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 32-330, to read:

START_STATUTE32-330.  Barber apprenticeships; registration; requirements; posting

A.  A barber apprenticeship shall both:

1.  Consist of at least one thousand three hundred fifty hours of training.

2.  Be conducted by a supervisor who meets both of the following:

(a)  Has been a licensed barber in this state for more than two years.

(b)  Provides one-on-one direct supervision of the barber apprentice during the apprenticeship.

B.  A person seeking to qualify for licensure by apprenticeship under this article shall do all of the following:

1.  Register with the board before beginning the training requirements by both:

(a)  Submitting a form prescribed by the board that includes the name of the licensed supervising barber.

(b)  Paying a registration fee in an amount determined by the board.

2.  Complete the apprenticeship within five years after the date of registration with the board.

3.  If the licensed supervising barber changes after the registration is submitted, notify the board within thirty days after the change occurs.

C.  A person who is working as an apprentice pursuant to this section shall both:

1.  Render services to the public only under the direct supervision of a licensed supervising barber.

2.  Post a sign in a conspicuous location in the person's place of business notifying the public that the person is an apprentice and is not licensed by the board. END_STATUTE

Sec. 4.  Section 32-506, Arizona Revised Statutes, is amended to read:

START_STATUTE32-506.  Nonapplicability of chapter

This chapter does not apply to the following persons while in the proper discharge of their professional duties:

1.  Practices for the treatment of physical or mental ailments or disease by medical practitioners licensed pursuant to this title.

2.  Commissioned physicians and surgeons who are serving in the armed forces of the United States or other federal agencies.

3.  Persons who are licensed pursuant to chapter 3 or 12 of this title.

4.  Students who are attending schools licensed pursuant to this chapter while they are on school premises during school hours.

5.  Persons employed by theatrical groups who apply makeup, oils and cosmetics.

6.  Persons who sell makeup, oils and cosmetics and who apply such products during the process of selling such products.

7.  Shampoo assistants Persons who shampoo hair under the direction of a cosmetologist or hairstylist licensed pursuant to this chapter.

8.  Services performed by and for persons in the custody of the state department of corrections.

9.  Persons who apply makeup, oils and cosmetics to patients in a hospital, nursing home or residential care institution with the consent of the patient and the hospital, nursing home or residential care institution.

10.  Persons who provide a service that results in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking or braiding, if the service does not include the application of dyes, reactive chemicals or other preparations to alter the color of the hair or to straighten, curl or alter the structure of the hair.

11.  Persons who provide threading.

12.  Persons who provide tanning services by means of airbrushing, tanning beds or spray tanning.

13.  Persons who apply makeup, including eyelash enhancements.  This paragraph does not apply if a person is engaging in the practice of aesthetics or cosmetology.  A person who is exempt pursuant to this paragraph shall post a sign in a conspicuous location in the person's place of business notifying the public that the person's services are not regulated by the board. END_STATUTE

Sec. 5.  Section 32-510, Arizona Revised Statutes, is amended to read:

START_STATUTE32-510.  Aestheticians; applications; qualifications

A person is entitled to receive an aesthetician's license if the person:

1.  Submits to the board an application for an aesthetician's license on a form supplied by the board.

2.  Does either of the following:

(a)  Completes and receives appropriate credits for at least two years of high school education or its equivalent as prescribed by the board in its rules and submits to the board satisfactory evidence that the person is at least sixteen years of age.

(b)  Submits to the board satisfactory evidence that the person is at least eighteen years of age.

3.  Submits to the board satisfactory evidence of either that the person meets any of the following:

(a)  That the person Is a graduate of an aesthetician school in another state or country that has substantially the same or greater educational hour requirements as this state for schools licensed pursuant to this chapter.

(b)  That the person Is a graduate of an aesthetician course consisting of at least six three hundred hours of training in a school licensed pursuant to this chapter.

(c)  Successfully completes an aesthetician apprenticeship pursuant to section 32-519.

4.  Passes the examination for an aesthetician's license.

5.  Pays the prescribed fees for an aesthetician's license. END_STATUTE

Sec. 6.  Section 32-511, Arizona Revised Statutes, is amended to read:

START_STATUTE32-511.  Cosmetologists; applications; qualifications

A person is entitled to receive a cosmetologist license if the person:

1.  Submits to the board an application for a cosmetologist license on a form supplied by the board.

2.  Does either of the following:

(a)  Completes and receives appropriate credits for at least two years of high school education or its equivalent as prescribed by the board in its rules and submits satisfactory evidence that the person is at least sixteen years of age.

(b)  Submits to the board satisfactory evidence that the person is at least eighteen years of age.

3.  Submits to the board satisfactory evidence of either That the person meets any of the following:

(a)  That the person Is a graduate of a cosmetology course consisting of at least sixteen hundred one thousand hours of training in a school licensed pursuant to this chapter.

(b)  That the person Is a graduate of a cosmetology school in another state or country that had at the time of the person's graduation substantially the same or greater educational hour requirements as this state for schools licensed pursuant to this chapter.

(c)  Successfully completes a cosmetologist apprenticeship pursuant to section 32-519.

4.  Passes the examination for a cosmetologist license.

5.  Pays the prescribed fees. END_STATUTE

Sec. 7.  Section 32-512, Arizona Revised Statutes, is amended to read:

START_STATUTE32-512.  Nail technicians; applications; qualifications

A person is entitled to receive a license to practice nail technology if the person does all of the following:

1.  Submits to the board an application for a nail technician license on a form supplied by the board.

2.  Does either of the following:

(a)  Completes and receives appropriate credits for at least two years of high school education or its equivalent as prescribed by the board in its rules and submits satisfactory evidence that the person is at least sixteen years of age.

(b)  Submits to the board satisfactory evidence that the person is at least eighteen years of age.

3.  Submits to the board satisfactory evidence of either that the person meets any of the following:

(a)  That the person Graduated from a nail technology school in another state or country that had at the time of the person's graduation substantially the same or greater educational hour requirements as this state for schools licensed pursuant to this chapter.

(b)  That the person Completed a nail technician course consisting of at least six one hundred hours of training in a school licensed pursuant to this chapter.

(c)  Successfully Completes a nail technician apprenticeship pursuant to section 32-519.

4.  Pays the prescribed fees for a nail technician license.

5.  Passes the examination for a nail technician license. END_STATUTE

Sec. 8.  Section 32-512.01, Arizona Revised Statutes, is amended to read:

START_STATUTE32-512.01.  Hairstylists; applications; qualifications

A person is entitled to receive a license to practice hairstyling if the person does all of the following:

1.  Submits to the board an application for a hairstylist license on a form supplied by the board.

2.  Either:

(a)  Completes and receives appropriate credits for at least two years of high school education or its equivalent as prescribed by the board in its rules and submits satisfactory evidence that the person is at least sixteen years of age.

(b)  Submits to the board satisfactory evidence that the person is at least eighteen years of age.

3.  Submits to the board satisfactory evidence that the person either meets any of the following:

(a)  Graduated from a hairstyling school in another state or country that had at the time of the person's graduation substantially the same or greater educational hour requirements as this state for schools licensed pursuant to this chapter.

(b)  Completed a hairstylist course consisting of at least one thousand six hundred hours of training in a school licensed pursuant to this chapter.

(c)  Successfully completes a hairstylist apprenticeship pursuant to section 32-519.

4.  Pays the prescribed fees for a hairstylist license.

5.  Passes the examination for a hairstylist license. END_STATUTE

Sec. 9.  Section 32-513, Arizona Revised Statutes, is amended to read:

START_STATUTE32-513.  Reciprocity

Notwithstanding sections 32‑510, 32‑511, 32‑512 and 32‑512.01 any other law, a person is entitled to receive a cosmetologist, aesthetician, nail technician or hairstylist license if the person does all of the following:

1.  Submits to the board an application for a cosmetologist, aesthetician, nail technician or hairstylist license on a form supplied by the board.

2.  Submits to the board satisfactory evidence that the person is licensed in another state or country.

3.  Takes and completes a class relating to infection protection and law review that is provided by the board or its designee.� The board shall determine the amount of the fees for the class.  The applicant shall pay the fees directly to the board or its designee.

4.  3.  Pays the prescribed reciprocity license fees. END_STATUTE

Sec. 10.  Title 32, chapter 5, article 2, Arizona Revised Statutes, is amended by adding section 32-519, to read:

START_STATUTE32-519.  Apprenticeships for aestheticians, cosmetologists, nail technicians and hairstylists; registration; requirements; posting

A.  An aesthetician apprenticeship shall both:

1.  Consist of at least four hundred fifty hours of training.

2.  Be conducted by a supervisor who meets both of the following:

(a)  Has been a licensed aesthetician or cosmetologist in this state for more than two years.

(b)  Provides one-on-one direct supervision of the aesthetician apprentice during the apprenticeship.

B.  A cosmetologist apprenticeship shall both:

1.  Consist of at least one thousand five hundred hours of training.

2.  Be conducted by a supervisor who meets both of the following:

(a)  Has been a licensed cosmetologist in this state for more than two years.

(b)  Provides one-on-one direct supervision of the cosmetologist apprentice during the apprenticeship.

C.  A nail technician apprenticeship shall both:

1.  Consist of at least one hundred fifty hours of training.

2.  Be conducted by a supervisor who meets both of the following:

(a)  Has been a licensed nail technician or cosmetologist in this state for more than two years.

(b)  Provides one-on-one direct supervision of the nail technician apprentice during the apprenticeship.

D.  A hairstylist apprenticeship shall both:

1.  Consist of at least nine hundred hours of training.

2.  Be conducted by a supervisor who meets both of the following:

(a)  Has been a licensed hairstylist or cosmetologist in this state for more than two years.

(b)  Provides one-on-one direct supervision of the hairstylist apprentice during the apprenticeship.

E.  A person seeking to qualify for licensure by apprenticeship under this article shall do all of the following:

1.  Register with the board before beginning the training requirements by both:

(a)  Submitting a form prescribed by the Board that includes the name of the licensed supervisor.

(b)  Paying a registration fee in an amount determined by the board.

2.  Complete the apprenticeship within five years after the date of registration with the board.

3.  If the licensed supervisor changes after the registration is submitted, notify the board within thirty days after the change occurs.

F.  A person who is working as an apprentice pursuant to this section shall both:

1.  Render services to the public only under the direct supervision of a licensed supervisor.

2.  Post a sign in a conspicuous location in the person's place of business notifying the public that the person is an apprentice and is not licensed by the board. END_STATUTE