BILL REQ. #:  S-4374.2 

READ FIRST TIME 01/31/06.   

     AN ACT Relating to a cosmetology licensing exemption; and amending RCW 18.16.060.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 18.16.060 and 2004 c 51 s 1 are each amended to read as follows:
     (1) It is unlawful for any person to engage in a practice listed in subsection (2) of this section unless the person has a license in good standing as required by this chapter. A license issued under this chapter shall be considered to be "in good standing" except when: (a) The license has expired or has been canceled and has not been renewed in accordance with RCW 18.16.110; (b) the license has been denied, revoked, or suspended under RCW 18.16.210, 18.16.230, or 18.16.240, and has not been reinstated; (c) the license is held by a person who has not fully complied with an order of the director issued under RCW 18.16.210 requiring the licensee to pay restitution or a fine, or to acquire additional training; or (d) the license has been placed on inactive status at the request of the licensee, and has not been reinstated in accordance with RCW 18.16.110(3).
     (2) The director may take action under RCW 18.235.150 and 18.235.160 against any person who does any of the following without first obtaining, and maintaining in good standing, the license required by this chapter:
     (a) Except as provided in subsection (3) or (4) of this section, engages in the commercial practice of cosmetology, barbering, esthetics, or manicuring;
     (b) Instructs in a school;
     (c) Operates a school; or
     (d) Operates a salon/shop, personal services, or mobile unit.
     (3) A person who receives a license as an instructor may engage in the commercial practice for which he or she held a license when applying for the instructor license without also renewing the previously held license. However, a person licensed as an instructor whose license to engage in a commercial practice is not or at any time was not renewed may not engage in the commercial practice previously permitted under that license unless that person renews the previously held license.
     (4) A person is not engaged in the commercial practice of cosmetology, barbering, esthetics, or manicuring if the person is not otherwise required to be licensed under this chapter, and:
     (a) Is a volunteer with, or employee of, a professional photographer or an entity engaged in the production of theatrical, musical, film, video, or television performances; and
     (b) In the course of such volunteer work or employment, applies makeup to, or arranges and prepares hair of, another person in preparation for the person to be professionally photographed or appear in a theatrical, musical, film, video, or television performance or production.