DEPARTMENT OF LICENSING

[Filed August 18, 2020, 2:48 p.m.]

Preproposal statement of inquiry was filed as WSR 20-12-085.

Title of Rule and Other Identifying Information: Chapter 308-20 WAC, Cosmetology—Barber—Manicurist—Esthetician rules.

Hearing Location(s): On October 6, 2020, at 10:00 a.m., telephonic public rules hearing.

Call-in Number: 1-360-407-3815; Conference ID Number: 8750340.

Date of Intended Adoption: October 7, 2020.

Submit Written Comments to: Cosmetology Program, P.O. Box 9026, Olympia, WA 98507, email csap@dol.wa.gov, fax 360-664-2550, by October 5, 2020.

Assistance for Persons with Disabilities: Contact cosmetology program, phone 360-664-6651, fax 360-664-2550, TTY 711, email csap@dol.wa.gov, by October 5, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In March of 2020, Governor Jay Inslee issued the Stay Home, Stay Healthy Proclamation to help limit the spread of COVID-19. As part of this response, cosmetology schools were unable to operate due to WAC 308-20-010 Definitions, which limited the definition of "online training" to theoretical instruction not to exceed twenty-five percent of the approved course study.

In order to enable schools to continue to conduct business during the Stay Home, Stay Healthy Proclamation, the department of licensing (DOL) filed emergency rules with the Washington state code reviser that allowed schools to offer one hundred percent of theoretical instruction online. Since filing these rules, DOL has recognized the benefit of the additional online instruction for cosmetology schools and students, which has the potential to increase access and reduce overall costs for schools and students. However, in considering permanent adoption of these rules, DOL has determined necessary revisions to minimize inequity between accredited and unaccredited cosmetology schools, and allow for greater flexibility for schools in determining which approved course study activities are offered online.

DOL is now proposing permanent rules that will allow for cosmetology schools to offer fifty percent of their entire approved course of study online. The new rules remove from the definition of online, the words "This training is limited to theory only;" therefore allowing cosmetology schools to determine the best content to be offered online and in person.

Reasons Supporting Proposal: Removing the word "theory" from chapter 308-20 WAC broadens the scope of training that can be provided. Changing the amount of online education from twenty-five to fifty percent provides flexibility and meets requirements for accredited schools.

Statutory Authority for Adoption: RCW 18.16.030 and 43.24.023.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: DOL, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Cosmetology Program, P.O. Box 9026, Olympia, WA 98507, 360-664-6651.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Cosmetology Program, P.O. Box 9026, Olympia, WA 98507, phone 360-664-6651, fax 360-664-2550, TTY 711, email plssunit@dol.wa.gov.

The department is exempt under RCW 34.05.328 and this rule making does not qualify as a significant legislative rule or other rule requiring a cost-benefit analysis.

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated.

Increasing Online Training for Cosmetology Schools

Impacts: While the proposed rules provide cosmetology schools with greater flexibility in course offerings, there should not be an associated cost that is imposed with these rules. Schools who do not see a benefit in decreasing expenditures or increasing revenue are not required to offer courses online. The proposed rules are intended to offer greater flexibility to schools and students and are not intended to place a burden on businesses.

Minor Cost Threshold: This proposed change to rule should not impose a burden on cosmetology schools. The proposed change should provide greater flexibility to schools wishing to offer up to fifty percent of their approved course of study online.

Analyze Cost of Compliance: In order to comply with the proposed rule change, cosmetology schools are not required to adjust their current practices. If wishing to begin or increase course offerings online, schools can maintain current practices for documentation and communication with DOL.

A copy of the detailed cost calculations may be obtained by contacting Cosmetology Program, P.O. Box 9026, Olympia, WA 98507, phone 360-664-6651, fax 360-664-2550, TTY 711, email csap@dol.wa.gov.

AMENDATORY SECTION(Amending WSR 17-19-049, filed 9/12/17, effective 10/13/17)

WAC 308-20-010Definitions.

(1) "Chemical compounds formulated for professional use only" are those compounds containing hazardous chemicals in a form not generally sold to the public; including but not limited to, bulk concentrates of permanent wave solution, neutralizers, chemical relaxers, oxidizing agents, flammable substances, facial creams, or approved chemical compounds. These compounds must be designated for use on the hair, face, neck, skin, or scalp.

(2) "Monthly student report" are forms provided by the school, approved by the department, preprinted with the school name. The report must include the month, year and daily activities of the student in each subject, (i.e., number of shampoos, haircuts, perms, colors, etc.) within each course (i.e., barbering, manicuring, cosmetology, hair design, esthetics, master esthetics, or instructor-trainee).

(3) "Completed and graduated" is the completion of the school curriculum and the state approved minimum hourly course of training.

(4) "Apprentice salon/shop" is a location certified by the Washington state apprenticeship and training council, that provides training for individuals accepted into the apprenticeship program. Apprentice salon/shops shall not receive payment from the apprentice for training.

(5) "Apprentice trainer" is a person that is currently licensed and in good standing. This person provides training in a licensed shop approved for the apprenticeship program, who must have received journey level training and have held a license in the curriculum for which he or she is providing training for a minimum of three years.

(6) "Journey level training" is the completion of three years working as a licensed cosmetologist, hair designer, barber, manicurist, esthetician, or master esthetician.

(7) "Completion of the apprenticeship training" is the completion of the apprentice salon/shop curriculum that includes the state approved hourly course of training as described in WAC 308-20-080.

(8) "Monthly apprentice report" forms provided by the apprentice shop, approved by the department, printed with the shop name, for use in recording apprentice training hours and activities.

(9) "Online training" means an approved electronic learning environment through a licensed school in which a student is enrolled. ((This training is limited to theory only.)) Online training may be used for up to ((twenty-five))fifty percent of the approved course of study.

(10) "Accreditation" is a status granted to a postsecondary school by one or more of the accrediting organizations recognized and approved by the U.S. Secretary of Education. Accreditation is voluntary and does not imply automatic transfer of credits from one postsecondary school to another.

(11) "Admission requirements" means the specific minimum criteria a school must use when accepting a student into the school.

AMENDATORY SECTION(Amending WSR 16-02-033, filed 12/29/15, effective 1/29/16)

WAC 308-20-090Student credit for training in a licensed school.

(1) A maximum of twenty students per instructor is required within a licensed school.

(2) Only those hours of instruction a student is given under the direction of a licensed instructor of the licensed school in which the student is enrolled and in the courses listed in WAC 308-20-080 and 308-20-105 or hours earned under WAC 308-20-091 shall be credited toward completion of the course of study required in RCW 18.16.100.

(3) When all of a school's requirements have been met by a student and within thirty days of a student leaving a school, the school shall provide to the student a certified copy of the student's final report and refer the student for examination(s) in a manner and format prescribed by the department.

(4) Students may transfer between the schools and apprenticeship salon/shops licensed under chapter 18.16 RCW and may receive credit toward completion of the curriculum in the new school or apprenticeship salon/shop. In order to enroll a transfer student or apprentice, the new school or apprentice salon/shop shall do the following:

(a) Confirm that the student is available for transfer through the student registration process in a manner and format prescribed by the department;

(b) Evaluate the certified final student report provided by the student or apprentice and compare the report with the new school or apprentice salon/shop curriculum requirements; and

(c) The new school or apprentice salon/shop may accept or reject the final student or apprentice report in part or in total from the previous school or salon/shop and shall prepare a monthly report that documents the amount of instructions being accepted.

(5) Both the transferring and receiving school or salon/shop shall maintain student or apprentice records including the transfer record as required in WAC 308-20-040(4).

(6) Licensed instructors must be physically present where the students are training with the exception of approved online ((theory)) training.

(7) Certified training hours expire three years after the last day of attendance. Any hours earned by a student that are more than three years old are considered by the department to be expired and will not be considered valid towards initial licensure.

(8) Documentation providing evidence of experience as a licensed cosmetologist, hair designer, barber, manicurist, esthetician or master esthetician credited towards instructor training shall be included in the student record as required in WAC 308-20-040(4).

AMENDATORY SECTION(Amending WSR 17-19-049, filed 9/12/17, effective 10/13/17)

WAC 308-20-573School catalog, enrollment agreement/contract and cancellation and refund policy minimum requirements.

(1) Each school must publish a catalog that explains its operations and requirements. The catalog must be current, comprehensive, and accurate. The school must provide the following, in some combination of a catalog, brochure, or otherwise written material and disclose that information to each prospective student prior to completing an enrollment agreement. The catalog must include at least the following:

(a) Date of publication;

(b) Names, physical and mailing addresses, and telephone numbers of the school's administrative offices and all supplemental training spaces;

(c) Names and qualifications of faculty. The list must be accurate as of the date of catalog publication. Any changes in faculty must be noted on a catalog correction sheet;

(d) The school calendar, including hours of operation, holidays, courses, or programs as may be appropriate;

(e) Admissions procedures, including policies describing all prerequisites needed by entering students to successfully complete the programs of study in which they are enrolled;

(f) A description of the job placement assistance offered, if any. If no assistance is offered, the school must make that fact known;

(g) The school's policy regarding student conduct, including causes for dismissal and conditions for readmission;

(h) The school's grievance policy. The policy must be preceded by "Nothing in this policy prevents the student from contacting the Department of Licensing at any time with a concern or a complaint.";

(i) The school's policy regarding leave, absences, makeup work (if applicable), and tardiness;

(j) The school's policy regarding standards of progress required for the student;

(k) An accurate description of the school's facilities and equipment available for student use, and the student/teacher ratio;

(l) The total cost of training including registration fee if any, tuition, books, supplies, equipment, and all other charges and expenses necessary;

(m) A description of each program of instruction, including:

(i) Specific program objectives including the job titles for which the program purports to train;

(ii) The number of clock hours of instruction, the method of instruction (e.g., correspondence, classroom, lab, computer assisted), and the average length of time required for successful completion;

(iii) For schools offering online ((theory)) training, instructional sequences must be described in numbers of lessons.

(n) The scope and sequence of courses or programs required to achieve the educational objective;

(o) A statement indicating the type of educational credential that is awarded upon successful completion;

(p) The school's cancellation and refund policy;

(q) The following statement must appear prominently on either the first or last printed page or inside the front or back cover: "This school is licensed under chapter 18.16 RCW. Inquiries, concerns, or complaints regarding this school can be made to the Department of Licensing, (insert mailing address, email or by telephone).";

(r) The availability of financing, if any; and

(s) Supplements or correction sheets for the catalog and other written materials related to enrollment must be filed with the department prior to being used;

(i) The supplement or correction sheet must include its publication date;

(ii) In the event information on a supplement or correction sheet replaces information contained in the catalog, the insert must identify the information it replaces.

(2) An enrollment agreement/contract is any agreement that creates a binding obligation to purchase a course of instruction from a school. Each school must use an enrollment contract or agreement that includes:

(a) The school's cancellation and refund policy, in accordance with chapter 308-20 WAC.

(b) The following statement: This school is licensed under chapter 18.16 RCW. Inquiries, concerns, or complaints regarding this school can be made to the department of licensing, (insert mailing address, email or by telephone).

(c) Information that will clearly and completely define the terms of the agreement between the student and the school. The enrollment agreement must include at least the following:

(i) The name and address of the school and the student;

(ii) The program or course title as it appears in the school's catalog, date training is to begin, and the number of hours or units of instruction or lessons for which the student is enrolled;

(iii) Language explaining that the agreement will be binding only when it has been signed and dated by the student and an authorized representative of the school prior to the time instruction begins; and

(iv) A statement that any changes in the agreement will not be binding on either party unless such changes have been acknowledged in writing by an authorized representative of the school and by the student or the student's parent or guardian if he/she is a minor.

(d) The school must provide all students with a copy of the signed enrollment agreement, and any other documents related to their enrollment.

(3) The official date of termination or withdrawal of a student shall be determined in the following manner:

(a) The date on which the school recorded the student's last day of attendance;

(b) The date on which the student is terminated for a violation of a published school policy which provides for termination.

(4) Tuition/registration fees may be collected in advance of a student signing an enrollment agreement; however, all moneys paid by the student shall be refunded if the student does not sign an enrollment agreement and does not commence participation in the program.

(a) The school must refund all money paid if the applicant is not accepted. This includes instances where a starting class is canceled by the school;

(b) For discontinued programs: If instruction in any program is discontinued after training has begun or if the school moves from one location to another, it must either:

(i) Provide students pro rata refunds of all tuition and fees paid; or

(ii) If the school plans to discontinue a program, it must notify the department and affected students in advance in writing at a minimum of thirty days notice.