SHB 2427

SENATE BILL REPORT
SHB 2427

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported By Senate Committee On:
Labor, Commerce, Research & Development, February 25, 2008

Brief Description: Modifying provisions for the cosmetology apprenticeship program.

Sponsors: House Committee on Commerce & Labor (originally sponsored by Representatives Kenney, Hankins, Dickerson, Conway, Ormsby, Pettigrew, Santos, Fromhold, Haler, Sullivan, Schual-Berke, Moeller, McCoy, Quall, Darneille, Morris, Williams, Skinner, Flannigan, Bailey, Kelley, Hunt, Campbell, Grant, Morrell, Chase, Barlow and Green).

Majority Report: Do pass.Signed by Senators Kohl-Welles, Chair; Keiser, Vice Chair; Holmquist, Ranking Minority Member; Franklin, Hewitt, King, Murray and Prentice.

Background: Individuals seeking a license as a cosmetologist, barber, manicurist or esthetician must be at least 17 years old, graduate with the requisite number of training hours from an approved school licensed by the Department of Licensing (DOL), and receive a passing grade on the appropriate licensing exam.

In 2003 the Legislature created a cosmetology apprenticeship pilot program. Individuals seeking a cosmetologist license could complete the apprenticeship program rather than attend an approved cosmetology school. The original pilot program expired in 2006. In 2006 the Legislature extended the pilot program expiration date to July 1, 2008, and required the program's advisory committee to submit a report, including an evaluation of the effectiveness of the program, to the appropriate committees of the Legislature by December 31, 2007.

Summary of Bill: The expiration date on the cosmetology apprenticeship pilot program is removed, making the program permanent.

Salons and shops participating in the apprenticeship program must be approved by the Washington State Apprenticeship and Training Council, provide DOL with the names of all individuals acting as apprentice trainers, and post a notice in the reception area informing consumers that services may be provided by an apprentice. Apprentice trainers must be licensed for at least three years in the practice for which the apprentice is providing training.

DOL must audit and inspect apprenticeship shops annually, and when DOL determines a shop is not meeting required standards, written notice must be given to the apprentice program and shop. A shop that fails to correct the conditions listed in the notice is subject to penalties imposed under the Uniform Regulation of Business and Professions Act.

Apprenticeship Program curriculum must include at least 2,000 hours of training for a cosmetologist; 1,200 hours for a barber; 800 hours for a manicurist; and 800 hours for an esthetician. Apprenticeship programs must prepare monthly reports of daily activities and the number of hours completed. The monthly reports must be provided to the apprentice, kept on file by the program for three years, and are subject to annual audit by DOL.

The definition of "instructor" is amended to include individuals who provide classroom theory training to apprentices in locations other than a school. Instructors in approved apprenticeship programs must be competent as defined by the Apprenticeship Council.

A representative from an approved apprenticeship program conducted in an approved salon/shop is added to the state cosmetology, barbering, esthetics, and manicuring advisory board.

An enrolled apprentice may practice commercially as required for the apprenticeship program.

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

Staff Summary of Public Testimony on Substitute Bill: PRO: Apprentices in the program spend more hours learning than others in school. Individuals in the apprenticeship program can learn a profession they might not otherwise have, because they can earn while they learn. The bill provides an avenue for individuals who cannot attend traditional beauty school to become cosmetologists. Some individuals cannot afford to take a year off to attend school, and there should be a way for them to become licensed cosmetologists. Apprentice programs are not in competition with private schools.

CON: Hours have been lowered in the bill from where the program started, and that's a big issue. In a cosmetology school, the public knows they're receiving services from students. In a salon, the public might not know they're receiving services from an apprentice. The retention rate in the program is a concern. In a salon, apprentices don't receive the same level of education as they would in a school, so there should be more training hours required of apprentices.

Persons Testifying on Substitute Bill: PRO: Representative Kenney; prime sponsor; Michelle Arnold, Valda Sarty, Janiece Hoggatt, Washington State Cosmetology Apprenticeship Program; Randy Loomans; Fern Tull, Jami Roberts, MODA Hair.

CON: Victoria Kile, Victoria's Academy of Cosmetology, Inc.; David Kile, Washington State Cosmetology Association; Steve Lindstrom, NW Career Colleges Federation.