Brief Description: Modifying provisions for the cosmetology apprenticeship program.

Sponsors: Representatives Kenney, McDonald, Conway, Wood, Hasegawa, Hudgins, Rodne, McCoy, Morrell and Ormsby.

Hearing Date: 1/26/06

Staff: Chris Cordes (786-7103).

Background:

Generally, individuals training for a license in cosmetology, barbering, esthetics, or manicuring must attend a cosmetology school licensed by the Department of Licensing (Department). The requirements for becoming licensed as a cosmetologist include graduating from a licensed cosmetology school and passing an examination.

In 2003, a pilot program was established for cosmetology apprenticeships, with up to 20 participating salons. Under the pilot program, individuals may become licensed in cosmetology, barbering, esthetics, or manicuring by successfully completing a state-approved apprenticeship program and passing the appropriate licensing exam. Apprentices are allowed to receive wages while in the pilot program.

The Department adopted various rules related to the apprenticeship pilot program including rules requiring participating salon/shops to keep certain apprentice records, establishing training requirements, requiring participating salon/shops to post a notice to consumers, and requiring apprentices to wear identification visible to the public.

An advisory committee, coordinated by the Washington State Apprenticeship and Training Council appointed by the Department of Labor and Industries, was responsible for coordinating the apprenticeship pilot program and presenting a report to the Legislature. The apprenticeship pilot program expires July 1, 2006.

The Department regulates many businesses and professions under specific licensing laws. Each business and profession is under either the disciplinary authority of the Director of the Department or a board or a commission charged with regulating the particular profession. The Uniform Regulation of Business and Professions Act (URBPA) provides consolidated disciplinary procedures for these licensed businesses and professions.

Summary of Bill:

The cosmetology apprenticeship program expiration date of July 1, 2006, is deleted, and a permanent program is created to allow direct entry of individuals into an approved apprenticeship program. An apprentice actively enrolled in an apprenticeship program for cosmetology, barbering, esthetics, or manicuring may, without a license, engage in commercial practice as required for the program.

To participate, an apprenticeship salon/shop must be approved by an apprenticeship training committee under the rules of the Washington State Apprenticeship and Training Council, or be approved by the Department of Licensing (Department) if the Department is administering a similar program. The apprenticeship training committee has membership equally representing participating apprenticeship salon/shop owners and apprentices.

An apprenticeship salon/shop must provide the Department with a list of individuals acting as apprentice trainers. These trainers must be approved by the Department, must have a current license in the relevant practice, and must have held that license for a minimum of three consecutive years. The salon/shop must keep apprentice monthly reports recording daily activities and the number of hours completed. These must be provided to the apprentice and be kept on file for three years.

If the salon/shop makes any changes that affect the information required to be submitted to the Department, the salon/shop must submit revised information to the Department within 15 days after implementing the changes.

The Department must audit and inspect apprenticeship salon/shops and apprentice monthly reports at least annually. If a salon/shop is not maintaining required standards, notice must be given to the salon/shop. If the listed conditions are not corrected, the salon/shop is subject to penalty under the URBPA.

The training curriculum for an apprenticeship program is established as:

• 3,000 hours for a cosmetologist;
• 2,000 hours for a barber;
• 2,000 hours for a manicurist; and
• 2,000 for an esthetician.

An apprenticeship salon/shop must post a notice to consumers stating, at a minimum, that the shop participates in the apprenticeship program and that apprentices are in training and not yet licensed.

The membership of the Cosmetology, Barbering, Esthetics, and Manicuring Advisory Board is revised to include a member representing apprenticeship salon/shops.

Rules Authority: The bill does not contain provisions addressing the rule-making powers of an agency.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.