BILL REQ. #:  S-3506.1 

Read first time 01/13/14.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to requiring the department of licensing to adopt rules to allow online learning for training in the areas of cosmetology, manicuring, barbering, esthetics, and instructor-training; reenacting and amending RCW 18.16.020; adding a new section to chapter 18.16 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that online learning provides tremendous opportunities for students and apprentices to access curriculum, courses, and a unique learning environment that might not otherwise be available. Online learning provides additional flexibility that can enable students and apprentices to maintain work and family commitments. Online learning reduces travel and saves travel time for students and apprentices. Online learning expands options for students and apprentices in rural areas. Online learning reduces the length of training time required on campus. Online learning provides students and apprentices with quicker access to employment. The legislature supports and encourages online learning opportunities and believes that online learning is an appropriate and efficient method for the study of theory for cosmetology, manicuring, barbering, esthetics, and instructor-training.

Sec. 2   RCW 18.16.020 and 2013 c 187 s 1 are each reenacted and amended to read as follows:
     As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise:
     (1) "Apprentice" means a person who is engaged in a state-approved apprenticeship program and who must receive a wage or compensation while engaged in the program.
     (2) "Apprentice monthly report" means the apprentice record of daily activities and the number of hours completed in each course of a curriculum that is prepared monthly by the approved apprenticeship program and provided to the apprentice, audited annually by the department, and kept on file by the approved apprenticeship program for three years.
     (3) "Apprentice trainer" means a person who gives training to an apprentice in an approved apprenticeship program and who is approved under RCW 18.16.280.
     (4) "Apprenticeship program" means a state-approved apprenticeship program pursuant to chapter 49.04 RCW and approved under RCW 18.16.280 for the training of cosmetology, barbering, esthetics, master esthetics, and manicuring.
     (5) "Apprenticeship training committee" means a committee approved by the Washington apprenticeship and training council established in chapter 49.04 RCW.
     (6) "Approved apprenticeship shop" means a salon/shop that has been approved under RCW 18.16.280 and chapter 49.04 RCW to participate in an apprenticeship program.
     (7) "Approved security" means surety bond.
     (8) "Barber" means a person licensed under this chapter to engage in the practice of barbering.
     (9) "Board" means the cosmetology, barbering, esthetics, and manicuring advisory board.
     (10) "Cosmetologist" means a person licensed under this chapter to engage in the practice of cosmetology.
     (11) "Crossover training" means training approved by the director as training hours that may be credited to current licensees for similar training received in another profession licensed under this chapter.
     (12) "Curriculum" means the courses of study taught at a school, ((or)) online by a school, in an approved apprenticeship program established by the Washington state apprenticeship and training council and conducted in an approved salon/shop, or online by an approved apprenticeship program, set by rule under this chapter, and approved by the department. After consulting with the board, the director may set by rule a percentage of hours in a curriculum, up to a maximum of ten percent, that could include hours a student receives while training in a salon/shop under a contract approved by the department. Each curriculum must include at least the following required hours:
     (a) School curriculum:
     (i) Cosmetologist, one thousand six hundred hours;
     (ii) Barber, one thousand hours;
     (iii) Manicurist, six hundred hours;
     (iv) Esthetician, seven hundred fifty hours;
     (v) Master esthetician either:
     (A) One thousand two hundred hours; or
     (B) Esthetician licensure plus four hundred fifty hours of training;
     (vi) Instructor-trainee, five hundred hours.
     (b) Apprentice training curriculum:
     (i) Cosmetologist, two thousand hours;
     (ii) Barber, one thousand two hundred hours;
     (iii) Manicurist, eight hundred hours;
     (iv) Esthetician, eight hundred hours;
     (v) Master esthetician, one thousand four hundred hours.
     (13) "Department" means the department of licensing.
     (14) "Director" means the director of the department of licensing or the director's designee.
     (15) "Esthetician" means a person licensed under this chapter to engage in the practice of esthetics.
     (16) "Individual license" means a cosmetology, barber, manicurist, esthetician, master esthetician, or instructor license issued under this chapter.
     (17) "Instructor" means a person who gives instruction in a school, or who provides classroom theory training to apprentices in locations other than in a school, in a curriculum in which he or she holds a license under this chapter, has completed at least five hundred hours of instruction in teaching techniques and lesson planning in a school, and has passed a licensing examination approved or administered by the director. An applicant who holds a degree in education from an accredited postsecondary institution shall upon application be licensed as an instructor to give instruction in a school, or to provide classroom theory training to apprentices in locations other than in a school, in a curriculum in which he or she holds a license under this chapter. An applicant who holds an instructional credential from an accredited community or technical college and who has passed a licensing examination approved or administered by the director shall upon application be licensed as an instructor to give instruction in a school, or to provide classroom theory training to apprentices in locations other than in a school, in a curriculum in which he or she holds a license under this chapter. To be approved as an "instructor" in an approved apprenticeship program, the instructor must be a competent instructor as defined in rules adopted under chapter 49.04 RCW.
     (18) "Instructor-trainee" means a person who is currently licensed in this state as a cosmetologist, barber, manicurist, esthetician, or master esthetician, and is enrolled in an instructor-trainee curriculum in a school licensed under this chapter.
     (19) "Location license" means a license issued under this chapter for a salon/shop, school, personal services, or mobile unit.
     (20) "Manicurist" means a person licensed under this chapter to engage in the practice of manicuring.
     (21) "Master esthetician" means a person licensed under this chapter to engage in the practice of master esthetics.
     (22) "Mobile unit" is a location license under this chapter where the practice of cosmetology, barbering, esthetics, master esthetics, or manicuring is conducted in a mobile structure. Mobile units must conform to the health and safety standards set by rule under this chapter.
     (23) "Person" means any individual, partnership, professional service corporation, joint stock association, joint venture, or any other entity authorized to do business in this state.
     (24) "Personal services" means a location licensed under this chapter where the practice of cosmetology, barbering, manicuring, esthetics, or master esthetics is performed for clients in the client's home, office, or other location that is convenient for the client.
     (25) "((The)) Practice of barbering" means the cutting, trimming, arranging, dressing, curling, shampooing, shaving, and mustache and beard design of the hair of the face, neck, and scalp.
     (26) "((The)) Practice of cosmetology" means arranging, dressing, cutting, trimming, styling, shampooing, permanent waving, chemical relaxing, straightening, curling, bleaching, lightening, coloring, waxing, tweezing, shaving, and mustache and beard design of the hair of the face, neck, and scalp; temporary removal of superfluous hair by use of depilatories, waxing, or tweezing; manicuring and pedicuring, limited to cleaning, shaping, polishing, decorating, and caring for and treatment of the cuticles and nails of the hands and feet, excluding the application and removal of sculptured or otherwise artificial nails; esthetics limited to toning the skin of the scalp, stimulating the skin of the body by the use of preparations, tonics, lotions, or creams; and tinting eyelashes and eyebrows.
     (27) "Practice of esthetics" means the care of the skin for compensation by application, use of preparations, antiseptics, tonics, essential oils, exfoliants, superficial and light peels, or by any device, except laser, or equipment, electrical or otherwise, or by wraps, compresses, cleansing, conditioning, stimulation, superficial skin stimulation, pore extraction, or product application and removal; temporary removal of superfluous hair by means of lotions, creams, appliance, waxing, threading, tweezing, or depilatories, including chemical means; and application of product to the eyelashes and eyebrows, including extensions, design and treatment, tinting and lightening of the hair, excluding the scalp. Under no circumstances does the practice of esthetics include the administration of injections.
     (28) "Practice of manicuring" means the cleaning, shaping, polishing, decorating, and caring for and treatment of the cuticles and the nails of the hands or feet, and the application and removal of sculptured or otherwise artificial nails by hand or with mechanical or electrical apparatus or appliances.
     (29) "Practice of master esthetics" means the care of the skin for compensation including all of the methods allowed in the definition of the practice of esthetics. It also includes the performance of medium depth peels and the use of medical devices for care of the skin and permanent hair reduction. The medical devices include, but are not limited to, lasers, light, radio frequency, plasma, intense pulsed light, and ultrasound. The use of a medical device must comply with state law and rules, including any laws or rules that require delegation or supervision by a licensed health professional acting within the scope of practice of that health profession.
     (30) "Salon/shop" means any building, structure, or any part thereof, other than a school, where the commercial practice of cosmetology, barbering, esthetics, master esthetics, or manicuring is conducted; provided that any person, except employees of a salon/shop, who operates from a salon/shop is required to meet all salon/shop licensing requirements and may participate in the apprenticeship program when certified as established by the Washington state apprenticeship and training council established in chapter 49.04 RCW.
     (31) "School" means any establishment that offers curriculum of instruction in the practice of cosmetology, barbering, esthetics, master esthetics, manicuring, or instructor-trainee to students and is licensed under this chapter.
     (32) "Student" means a person sixteen years of age or older who is enrolled in a school licensed under this chapter and receives instruction in any of the curricula of cosmetology, barbering, esthetics, master esthetics, manicuring, or instructor-training with or without tuition, fee, or cost, and who does not receive any wage or commission.
     (33) "Student monthly report" means the student record of daily activities and the number of hours completed in each course of a curriculum that is prepared monthly by the school and provided to the student, audited annually by the department, and kept on file by the school for three years.
     (34) "Distance or online learning" means theory training provided online, by a school licensed under this chapter or an approved apprenticeship program established by the Washington state apprenticeship and training council, in the areas of cosmetology, manicuring, barbering, esthetics, and instructor-training.

NEW SECTION.  Sec. 3   A new section is added to chapter 18.16 RCW to read as follows:
     The director shall adopt rules regarding distance or online learning. The rules must include a limit on the number of hours of online learning that can be used toward licensing requirements in the areas of cosmetology, manicuring, barbering, esthetics, and instructor-training.
     The department must provide an evaluation review of distance or online learning in the areas of cosmetology, manicuring, barbering, esthetics, and instructor-training to the committees of the legislature that oversee the licensing of those professions no later than January 1, 2016.