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House Engrossed Senate Bill |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SENATE BILL 1399 |
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AN ACT
amending sections 32‑301, 32‑304, 32‑321 and 32‑322, Arizona Revised Statutes; relating to the board of barbers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-301, Arizona Revised Statutes, is amended to read:
32-301. Definitions
In this chapter, unless the context otherwise requires:
1. "Barber" means a person who is licensed to practice barbering pursuant to this chapter.
2. "Barbering" means any one or a combination of the following practices if they are performed on a person's head, face, neck or shoulders for cosmetic purposes:
(a) Cutting, clipping or trimming hair.
(b) Massaging, cleansing, stimulating, manipulating, exercising, beautifying or applying oils, creams, antiseptics, clays, lotions or other preparations, either by hand or by mechanical or electrical appliances.
(c) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, singeing, bleaching, dyeing, tinting, coloring or similarly treating hair.
(d) Providing hair attachments, extensions, hairpieces and wigs when performed by a barber.
(e) Shaving or trimming a beard.
(f) Providing skin care.
3. "Board" means the board of barbers.
4. "Instructor" means a person who is licensed to teach barbering pursuant to this chapter.
5. "Mentor" means a barber who is approved by the board to train a person in a department of economic security‑approved apprenticeship program in barbering in an establishment that is licensed by the board.
5. 6. "School"
means an establishment that
is operated for the purpose of teaching barbering.
6. 7. "Shop"
or "salon" means an establishment that is operated for the purpose of engaging in the practice
of barbering.
Sec. 2. Section 32-304, Arizona Revised Statutes, is amended to read:
32-304. Powers and duties
A. The board shall:
1. Make
and adopt rules which that are necessary or proper
for the administration of this chapter, including sanitary and safety
requirements for schools and shops or salons, sanitary and safety standards for
the practice of barbering and mobile unit requirements.
2. Administer
and enforce the provisions of this
chapter and rules adopted pursuant to this chapter.
3. Maintain a record of its acts and proceedings, including issuance, refusal, renewal, suspension and revocation of licenses, and a record of the name, address and license date of each licensee.
4. Keep the records of the board open to public inspection at all reasonable times.
5. Furnish a copy of its rules to a barber or to the owner or manager of each shop or salon on request.
6. Have a seal, the imprint of which shall be used to evidence its official acts.
7. Prescribe minimum school curriculum requirements.
8. Approve a barber as a mentor based on the barber's record of compliance with this chapter. The board may not condition the approval on the barber's payment of an additional fee or completion of an additional requirement.
B. The board may:
1. Subject to title 41, chapter 4, article 4, employ an executive director who has been a licensed barber for at least five years preceding employment and other personnel it deems necessary. The board shall compensate its executive director and other personnel as determined pursuant to section 38‑611.
2. Inspect the premises of any school, shop or salon during business hours.
Sec. 3. Section 32-321, Arizona Revised Statutes, is amended to read:
32-321. Nonapplicability of chapter
This chapter does not apply to the following persons while in the proper discharge of their professional duties:
1. Practices done for the treatment of Medical practitioners licensed pursuant to this title who treat physical or mental ailments or disease by medical practitioners licensed pursuant to this title.
2. Persons who perform services
performed without compensation in case of
emergency or in domestic administration.
3. Commissioned physicians and surgeons serving in the armed forces of the United States or other federal agencies.
4. Students attending schools licensed pursuant to this chapter while they are on school premises during school hours.
5. Persons licensed pursuant to chapter 5 or 12 of this title.
6. Shampoo assistants who shampoo hair under the direction of a barber licensed pursuant to this chapter.
7. Persons who are in the custody of the state department of corrections
and who perform services performed by and for persons in the custody of the
state department of corrections.
8. Persons who are participating in a department of economic security‑approved apprenticeship program in barbering as described in section 32‑322 while working with a mentor in an establishment that is licensed by the board.
Sec. 4. Section 32-322, Arizona Revised Statutes, is amended to read:
32-322. 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.
2. 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 satisfactory evidence that the person is at least sixteen years of age.
3. Pass an examination given under the direction of the board.
4. Pay the prescribed fees.
5. 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 that at the time of the applicant's graduation met the barber licensing requirements of that state.
(b) Complete a United States department of labor‑approved or a department of economic security‑approved apprenticeship program in barbering that includes at least two hundred fifty hours of instruction as described in section 32‑325, subsection B, paragraph 1. The instruction prescribed by this subdivision shall be completed through either:
(i) A school that is licensed pursuant to this chapter or a school or program in another state that has, in the board's opinion, licensure requirements that are substantially equivalent to the requirements of this state.
(ii) A department of economic security-approved apprenticeship program.
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.
D. Notwithstanding subsection B, paragraph 5 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.
Sec. 5. Exemption from rulemaking
For the purposes of this act, the board of barbers is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act.