BILL REQ. #:  H-0567.1 

Read first time 01/30/2007.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to strengthening requirements governing cosmetology professions; amending RCW 18.16.100 and 18.16.180; reenacting and amending RCW 18.16.175; adding new sections to chapter 18.16 RCW; and repealing RCW 18.16.210.

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

Sec. 1   RCW 18.16.100 and 2003 c 400 s 5 are each amended to read as follows:
     (1) Upon completion of an application approved by the department and payment of the proper fee, the director shall issue the appropriate license to any person who:
     (a) Is at least seventeen years of age or older;
     (b)(i) Has completed and graduated from a school licensed under this chapter in a curriculum approved by the director of sixteen hundred hours of training in cosmetology, one thousand hours of training in barbering, six hundred hours of training in manicuring, six hundred hours of training in esthetics, and/or five hundred hours of training as an instructor-trainee, or has met the requirements in RCW 18.16.020 or 18.16.130; or
     (ii) Has successfully completed a state-approved apprenticeship training program; and
     (c) Has received a passing grade on the appropriate licensing examination approved or administered by the director.
     (2) Any license issued to a person by the department under this section must contain a permanent photograph of the licensee affixed to the license by the department.
     (3) A person currently licensed under this chapter may qualify for examination and licensure, after the required examination is passed, in another category if he or she has completed the crossover training course.
     (((3))) (4) Upon completion of an application approved by the department, certification of insurance, and payment of the proper fee, the director shall issue a location license to the applicant.
     (((4))) (5) The director may consult with the state board of health and the department of labor and industries in establishing training, apprenticeship, and examination requirements.

Sec. 2   RCW 18.16.175 and 2002 c 111 s 11 and 2002 c 86 s 216 are each reenacted and amended to read as follows:
     (1) A salon/shop or mobile unit shall meet the following minimum requirements:
     (a) Maintain an outside entrance separate from any rooms used for sleeping or residential purposes;
     (b) Provide and maintain for the use of its customers adequate toilet facilities located within or adjacent to the salon/shop or mobile unit;
     (c) Any room used wholly or in part as a salon/shop or mobile unit shall not be used for residential purposes, except that toilet facilities may be used jointly for residential and business purposes;
     (d) Meet the zoning requirements of the county, city, or town, as appropriate;
     (e) Provide for safe storage and labeling of chemicals used in the practices under this chapter;
     (f) Meet all applicable local and state fire codes; and
     (g) Certify that the salon/shop or mobile unit is covered by a public liability insurance policy in an amount not less than one hundred thousand dollars for combined bodily injury and property damage liability.
     (2) By January 1, 2008, the department must adopt by rule safety and sanitation procedures and requirements for all salons/shops, personal services, or mobile units, including specific procedures and requirements for all salons/shops, personal services, or mobile units that provide manicure and pedicure services.
     (3) The director may by rule determine other requirements that are necessary for safety and sanitation of salons/shops, personal services, or mobile units. The director may consult with the state board of health and the department of labor and industries in establishing minimum salon/shop, personal services, and mobile unit safety requirements.
     (((3))) (4) Personal services license holders shall certify coverage of a public liability insurance policy in an amount not less than one hundred thousand dollars for combined bodily injury and property damage liability.
     (((4) Upon receipt of a written complaint that a salon/shop or mobile unit has violated any provisions of this chapter, chapter 18.235 RCW, or the rules adopted under either chapter, or at least once every two years for an existing salon/shop or mobile unit, the director or the director's designee shall inspect each salon/shop or mobile unit. If the director determines that any salon/shop or mobile unit is not in compliance with this chapter, the director shall send written notice to the salon/shop or mobile unit. A salon/shop or mobile unit which fails to correct the conditions to the satisfaction of the director within a reasonable time shall, upon due notice, be subject to the penalties imposed by the director under RCW 18.235.110. The director may enter any salon/shop or mobile unit during business hours for the purpose of inspection. The director may contract with health authorities of local governments to conduct the inspections under this subsection.))
     (5) A salon/shop, personal services, or mobile unit shall obtain a certificate of registration from the department of revenue.
     (6) This section does not prohibit the use of motor homes as mobile units if the motor home meets the health and safety standards of this section.
     (7) Salon/shop or mobile unit licenses issued by the department must be posted in the salon/shop or mobile unit's reception area.
     (8) Cosmetology, barbering, esthetics, and manicuring licenses issued by the department must be posted at the licensed person's work station.

Sec. 3   RCW 18.16.180 and 1991 c 324 s 16 are each amended to read as follows:
     (1) The director shall prepare and provide to all licensed salons/shops a notice to consumers. At a minimum, the notice shall state that cosmetology, barber, esthetics, and manicure salons/shops are required to be licensed, that salons/shops are required to maintain minimum safety and sanitation standards, that customer complaints regarding salons/shops may be reported to the department, and a telephone number and address where complaints may be made.
     (2) The director shall prepare and provide to all licensed salons/shops conducting manicuring or pedicuring a notice to consumers about the use of artificial nails. At a minimum, the notice shall state risks associated with artificial nails. "Artificial nails" includes but is not limited to silk, linen, fiberglass, acrylic, gel, powder, tip extensions, and sculpting.

NEW SECTION.  Sec. 4   A new section is added to chapter 18.16 RCW to read as follows:
     (1) The director may enter any salon/shop or mobile unit during business hours for the purpose of inspection. The director may contract with health authorities of local governments to conduct the inspections under this subsection. Inspections of each licensed salon/shop or mobile unit shall occur at least once every two years.
     (2) Upon receipt of a written complaint that a salon/shop or mobile unit has violated any provisions of this chapter, chapter 18.235 RCW, or the rules adopted under either chapter, the director or the director's designee shall inspect each salon/shop or mobile unit.
     (3) In addition to inspections conducted under subsections (1) and (2) of this section, the director shall conduct additional inspections based on a schedule of risk-based inspections using the following criteria:
     (a) The type and nature of the salon/shop or mobile unit;
     (b) The history of prior safety or sanitation violations at the salon/shop or mobile unit;
     (c) The inspection history of the salon/shop or mobile unit;
     (d) The history of complaints involving the salon/shop or mobile unit; and
     (e) Any other factor determined by the director by rule.
     (4) The salon/shop or mobile unit shall pay a fee for each inspection performed under subsection (3) of this section. The director shall set the amount of the fee by rule.
     (5) If the director determines that any salon/shop or mobile unit is not in compliance with this chapter, the director may assess applicable penalties under this chapter and under chapter 18.235 RCW. The director shall provide written notice to the salon/shop or mobile unit describing the nature of the violation, the penalty to be assessed, and whether the salon/shop or mobile unit has an opportunity to correct the violation. A salon/shop or mobile unit which fails to correct a violation to the satisfaction of the director within thirty days shall, upon due notice, be subject to the penalties imposed by the director under RCW 18.235.110. Correction of a violation only applies to a salon/shop or mobile unit's first violation in any three-year period of any single provision of this chapter, chapter 18.235 RCW, or the rules adopted under either chapter.

NEW SECTION.  Sec. 5   A new section is added to chapter 18.16 RCW to read as follows:
     If the director finds that any salon/shop or mobile unit has hired or employed a person to perform or engage in a practice prohibited under RCW 18.16.060 without that person first obtaining, and maintaining in good standing, the license required by this chapter, the director must impose applicable penalties under this chapter and chapter 18.235 RCW, including an initial fine of not less than one thousand dollars for each person who the salon/shop or mobile unit hires or employs to engage in unlicensed practice and, for any repeat violations, the maximum fine for each person who the salon/shop or mobile unit hires or employs to engage in unlicensed practice.

NEW SECTION.  Sec. 6   RCW 18.16.210 (Violations -- Penalties) and 2002 c 111 s 13 & 1984 c 208 s 14 are each repealed.