SENATE BILL REPORT

2SHB 1366

BYHouse Committee on Appropriations (originally sponsored by Representatives Haugen, Cole, Vekich, Leonard and Scott)

Modifying the regulation of cosmetologists.

House Committe on Commerce & Labor

Rereferred House Committee on Appropriations

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):February 19, 1990

Senate Staff:Forrest Bathurst (786-7429)

AS OF FEBRUARY 19, 1990

BACKGROUND:

Prior to 1984, people operating cosmetology, barbering, and manicuring shops were required to obtain a shop license.  In 1984 the Legislature eliminated the cosmetology, barber, and manicure shop licensing requirement.

Cosmetologists, barbers, manicurists, and cosmetology instructors are required to obtain licenses.  Each category has minimum hours of education that must be met for licensure.  Each category is tested with Department of Licensing and advisory board approved examinations.

A license is required to operate a cosmetology school.  These are schools offering training in cosmetology, barbering, and manicuring.

"Booth renters" are specifically exempt from unemployment insurance (the shop owner does not have to pay unemployment insurance premiums) if the use of the shop facility is contingent upon compensation to the shop owner and the individual performing the services receives no compensation or other consideration from the owner.

No exemption exists for the purposes of industrial insurance.  A cosmetologist is covered by industrial insurance (the employer must pay premiums) if the cosmetologist is classified as a "worker" under RCW 51.08.180.  However, if the cosmetologist is not a worker (not covered by the Department of Labor and Industries), the cosmetologist may elect to make their own industrial insurance payments.

No exemption exists for purposes of the B&O tax.  Under current statutes, a person operating as an "independent contractor" must pay the tax.  A person operating as a "worker" does not have to pay the tax.

A 1989 report to the Legislature by the Legislative Budget Committee found that the 1984 changes to the law deregulating cosmetologists, barbers, and manicurists have not created any threats to public health and safety and that consumers are satisfied with the services they receive.

The report states there are potential problems resulting from unlicensed practice of cosmetology, barbering, and manicuring, but legal constraints prevent a more definite assessment of this issue.

SUMMARY:

A "booth renter" is defined as a person performing cosmetology, barbering, or manicuring where use of the salon/shop facilities is contingent upon compensation to the owner of the salon/shop and the person receives no compensation or other consideration from the owner for the services being performed.

The manicuring definition is expanded to include cleaning, shaping, or polishing of the nails of the hands or feet.

New license categories of "barbering instructor" and "manicuring instructor" are added.  Each must have 500 additional hours of training in teaching and lesson planning beyond that required to practice their professional commercially.  Applicants with a degree in education will automatically be licensed as an instructor if they are licensed in their respective areas.  Persons with instructors licenses may practice their professions commercially without holding other licenses.

Persons operating a cosmetology, barber, or manicure shop must obtain a license, and "booth renters" within the shop must also obtain separate salon/shop licenses.

The Director of the Department of Licensing shall establish minimum safety and sanitation requirements for salons/shops.  The Director of the Department of Licensing shall consult with the Department of Labor and Industries and the Board of Health in setting training and examination requirements.  The Department of Licensing shall inspect salons/shops at least once every two years and when complaints are received on specific locations.

The Departments of Revenue and Licensing shall cooperate in collecting taxes.

Salons/shops must meet the following criteria:

      (a)maintain a separate outside entrance from any rooms used for sleeping or residential purposes;

      (b)provide toilet facilities within or adjacent to the salon/shop (toilet facilities may be used for both residential and salon/shop purposes);

      (c)the salon shop shall be supervised by a person licensed in the specific services being provided by the shop;

      (d)any room in the salon/shop cannot be used for residential purposes;

      (e)meet local zoning requirements;

      (f)provide safe storage and labeling of chemicals;

      (g)meet local fire codes;

      (h)hold public liability insurance not less than $10,000.00 for combined bodily injury and property damage; and

      (i)other requirements that the Director of Licensing, in consultation with the Department of Labor and Industries and the Board of Health, shall determine necessary for minimum salon/shop safety requirements.

The required curriculums for cosmetologists, barbers, and manicurists shall include a course in business practices.

Cosmetologist, barber, and manicurist licenses are good for two years.  Persons will be required to retake the examination if their license has not been renewed for four years.  People must show proof of insurance when renewing their licenses.

School and salon/shop licenses are good for one year.

"Booth renters" are statutorily excluded from industrial insurance (but may elect coverage) and are defined as independent contractors for the purposes of B&O tax.

A shop salon shall obtain a certificate of registration from the Department of Revenue.

Appropriation:    $207,000

Revenue:    yes

Fiscal Note:      available

Effective Date:January 1, 1991