SENATE BILL REPORT

                   SB 6206

              As Reported By Senate Committee On:

           Labor, Commerce & Trade, January 22, 1996

                Ways & Means, February 1, 1996

Title:  An act relating to the program regulating cosmetology, barbering, esthetics, and manicuring.

Brief Description:  Regulating cosmetology, barbering, esthetics, and manicuring.

Sponsors:  Senators Haugen, Pelz, Winsley, Hale and Prentice.

Brief History:

Committee Activity:  Labor, Commerce & Trade:  1/15/96, 1/22/96 [DP].

Ways & Means:  1/31/96, 2/1/96 [DPS].

SENATE COMMITTEE ON LABOR, COMMERCE & TRADE

Majority Report:  Do pass.

  Signed by Senators Pelz, Chair; Heavey, Vice Chair; Deccio, Franklin, Fraser and Newhouse.

Staff:  Traci Ratzliff (786-7452)

SENATE COMMITTEE ON WAYS & MEANS

Majority Report:  That Substitute Senate Bill No. 6206 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Hargrove, Kohl, Long, McDonald, Moyer, Quigley, Sheldon, Snyder, Spanel, Sutherland, West, Winsley and Wojahn.

Staff:  Bryon Moore (786-7726)

Background:  Under current law, cosmetologists, barbers, estheticians and manicurists, and operators of salons or shops employing such individuals are required to be licensed.  In addition, schools of cosmetology, barbering, esthetics or manicuring, and instructors at such schools are required to be licensed.  Individuals seeking any of the above licenses must meet certain training/education requirements, pass the appropriate exam, and pay a license fee.

The Department of Licensing administers these licensing programs.  Currently, the fee paid by licensees is deposited into the general fund with a portion of these fees returned to the department for implementation of these programs.

The department is not currently required to conduct regular inspections of licensed establishments unless a complaint is received.  Recently, the department began to conduct random inspections of salons and shops to determine compliance with state licensing laws and found numerous violations of these laws.

In 1995, legislation was passed which directed the cosmetology, barbering, esthetician and manicurist advisory board to conduct a review of the educational and licensing requirements, and enforcement and health standards for these licensees.  The board is required to provide a report to the department, the Governor, and the Legislature concerning its findings and recommendations for regulatory changes. Industry members have expressed a desire to have an independent third party conduct this review in order to assure that it will be done in a thorough, objective manner.  Current funding is inadequate to meet this request.

Summary of Substitute Bill:  The Department of Licensing is required to inspect schools of cosmetology, barbering, esthetics and manicuring at least once a year. In addition, the department is required to inspect cosmetology, barbering, esthetics and manicuring salons and shops at least once every two years.

An independent contractor, in cooperation with the cosmetology, barbering, esthetics and manicuring advisory board, must complete the review of the licensing programs and prepare a report for the department, the Governor and Legislature outlining findings and recommendations concerning the regulation of the cosmetology, barbering, esthetics and manicuring professions.

Substitute Bill Compared to Original Bill:  The provision establishing a cosmetology, barbering, esthetician, and manicuring account is eliminated.  The department will continue to deposit fees associated with the licensing and regulation of these professions into the general fund.

Appropriation:  None.

Fiscal Note:  Available.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For (Labor, Commerce & Trade):  Originally, the cosmetology industry desired to have inspections take place on a complaint basis only.  However, now industry believes that regular inspections are necessary to assure licensees comply with existing laws and to improve the image of the profession.

Testimony Against (Labor, Commerce & Trade):  None.

Testified (Labor, Commerce & Trade):  PRO:  Mary Jelvik, Dept. of Licensing; Senator Haugen, prime sponsor; Kay Hurai, Chair, Cosmetology Board; Noreen Bowdin, salon operator; Linda Broderick, Federation of Private Career Schools and Colleges; Joe Daniels, United Food and Commercial Workers #17.

Testimony For (Ways & Means):  The regular inspections begin to address the needs of these professions.  The dedicated account for these professions is an important component of the legislation.

Testimony Against (Ways & Means):  None.

Testified (Ways & Means):  Mary Jelvik, Dept. of Licensing; Linda Imhoff, America Hair and Beauty Association/Cosmetology School Association; Patricia Valentine, Cosmetology Advisory Board; Noreen Bowdin, salon operator.