SB1328 - 541R

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

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 if the applicant submits both of the following to the board:

1. Proof that the applicant has one year of experience as a barber.

2. A document signed by the applicant stating that the applicant has read and understands the laws prescribed by this chapter.

D. An applicant who holds a valid license or authorizing document to practice barbering issued by another country and whose presence in the united states is authorized under federal law is exempt from subsection b, paragraph 5 of this section if all of the following apply:

1. The board determines that the applicant is proficient in barbering.

2. The applicant completes at least three hundred fifty hours of education at a school or program that is licensed pursuant to this chapter.

3. The applicant signs a document stating that the applicant has read and understands the requirements of this chapter.

D. E. 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 three hundred fifty‑hour course of study consisting of barbering techniques in a barbering school licensed pursuant to this chapter. END_STATUTE

Sec. 2. Section 32-352, Arizona Revised Statutes, is amended to read:

START_STATUTE32-352. Disciplinary action

The board may take any one or a combination of the following disciplinary actions:

1. Revoke a license.

2. Suspend a license.

3. Impose a civil penalty in an amount not to exceed five hundred dollars $500 per violation.

4. Impose probation requirements best adapted to protect the public safety, health and welfare, including requirements for restitution payments to patrons.

5. Publicly reprove a licensee.

6. Issue a letter of concern. END_STATUTE

Sec. 3. Section 32-501, Arizona Revised Statutes, is amended to read:

START_STATUTE32-501. Definitions

In this chapter, unless the context otherwise requires:

1. "Aesthetician" means a person who is licensed to practice skin care pursuant to this chapter.

2. "Aesthetics" means any one or a combination of the following practices if they are performed for cosmetic purposes:

(a) 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.

(b) Arching eyebrows or tinting eyebrows and eyelashes.

3. "Board" means the board of cosmetology.

4. "Cosmetic purposes" means for the purpose of beautifying, preserving or conferring comeliness, excluding therapeutic massage and manipulations.

5. "Cosmetologist" means a person who is licensed to practice cosmetology pursuant to this chapter.

6. "Cosmetology" means any one or a combination of the following practices if they are performed for cosmetic purposes:

(b) Arching eyebrows or tinting eyebrows and eyelashes.

(d) Nail technology.

(e) Hairstyling.

7. "Electrical appliances" means devices that use electrical current and includes lasers and IPL devices as defined in section 32‑516.

8. "Hairstyling" means either of the following:

(a) Cutting, clipping or trimming hair.

(b) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, singeing, bleaching, dyeing, tinting, coloring or similarly treating hair.

9. "Hairstylist" means a person who is licensed to practice hairstyling pursuant to this chapter.

10. "Instructor" means a person who is licensed to teach cosmetology, aesthetics, nail technology or hairstyling, or any combination thereof, pursuant to this chapter.

11. "Mentor" means a cosmetologist who is approved by the board to train a person in a department of economic security-approved apprenticeship program in cosmetology in an establishment that is licensed by the board.

11. 12. "Nail technician" means a person who is licensed to practice nail technology pursuant to this chapter.

12. 13. "Nail technology" means any of the following:

(a) Cutting, trimming, polishing, coloring, tinting, cleansing or otherwise treating a person's nails.

(b) Applying artificial nails.

13. 14. "Salon" means any of the following:

(a) An establishment that is operated for the purpose of engaging in the practice of cosmetology, aesthetics, nail technology or hairstyling, or any combination of the listed practices.

(b) An establishment together with a retrofitted motor vehicle for exclusive use as a mobile facility for the purpose of engaging in the practice of cosmetology, aesthetics, nail technology or hairstyling, or any combination of the listed practices, that is operated and dispatched through the establishment.

(c) A retrofitted motor vehicle exclusively used as a mobile facility for the purpose of engaging in the practice of cosmetology, aesthetics, nail technology or hairstyling, or any combination of the listed practices, that is operated and dispatched from a business that has a physical street address that is on file with the board.

14. 15. "School" means an establishment that is operated for the purpose of teaching cosmetology, aesthetics, nail technology or hairstyling, or any combination of the listed practices.

15. 16. "Threading" means a service that results in the removal of hair from its follicle from around the eyebrows and from other parts of the face with the use of a single strand of cotton thread and an over‑the‑counter astringent, if the service does not use chemicals of any kind, wax or any implements, instruments or tools to remove hair. END_STATUTE

Sec. 4. Section 32-504, Arizona Revised Statutes, is amended to read:

START_STATUTE32-504. Powers and duties

A. The board shall:

1. Adopt rules that are necessary and proper for the administration of this chapter, including sanitary and safety requirements for salons and schools and sanitary and safety standards for the practice of cosmetology, aesthetics, nail technology and hairstyling.

2. Administer and enforce this chapter and rules adopted pursuant to this chapter.

3. Either prepare, administer and grade practical and written examinations or contract with a national professional organization for cosmetology selected by the board to prepare, administer and grade practical and written examinations.

4. Make and maintain a record of its acts and proceedings, including the issuance, denial, renewal, suspension or revocation of licenses and public reproofs of licensees.

5. Evidence its official acts by the signature of the chairman or vice‑chairman of the board or a representative designated by the board.

6. Keep records of the board open to public inspection at all reasonable times.

7. Make an annual report to the governor on or before October 1 of each year covering its official acts and financial transactions during the preceding fiscal year and making recommendations it deems necessary.

8. Prescribe minimum school curriculum requirements for cosmetologists, aestheticians, nail technicians, hairstylists and instructors.

9. Prescribe standards and requirements for the provision of salon services through mobile units and in customer locations.

10. Approve a cosmetologist as a mentor based on the cosmetologist's record of compliance with this chapter. The board may not condition the approval on the cosmetologist's payment of an additional fee or completion of an additional requirement.

B. The board may:

1. Inspect the premises of any salon or school during business hours.

2. Delegate authority to its executive director to issue licenses to applicants who meet the requirements of this chapter. END_STATUTE

Sec. 5. 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. Medical practitioners who are licensed pursuant to this title if the practices for the treatment of treat 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 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.

14. Persons who are participating in a department of economic security-approved apprenticeship program in cosmetology as described in section 32-511 while working with a mentor in an establishment that is licensed by the board. 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 any of the following:

(a) That the person is a graduate of a cosmetology course consisting of at least sixteen hundred 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 requirements as this state for schools licensed pursuant to this chapter.

(c) That the person completed a united states department of labor‑approved or a department of economic security-approved apprenticeship program in cosmetology that includes at least two hundred fifty hours of infection protection and law review instruction. the person shall complete the instruction prescribed by this subdivision 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.

4. Passes the examination for a cosmetologist license.

5. Pays the prescribed fees. END_STATUTE