AN ACT Relating to cosmetology; amending RCW 18.16.020, 18.16.030, 18.16.060, 18.16.100, 18.16.110, 18.16.130, 18.16.090, 50.04.225, 51.12.020, and 82.04.360; adding new sections to chapter 18.16 RCW; repealing RCW 18.16.120; making an appropriation; and providing an effective date.

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

Sec. 1. Section 2, chapter 208, Laws of 1984 and RCW 18.16.020 are each amended to read as follows:

As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise:

(1) "Board" means the cosmetology, barbering, and manicuring advisory board.

(2) "Director" means the director of the department of licensing or the director's designee.

(3) "The practice of cosmetology" means the practice of manicuring, the practice of barbering, and the permanent waving, chemical relaxing or straightening, bleaching, or coloring of the hair of the face, neck, and scalp.

(4) "Cosmetologist" means a person licensed under this chapter to engage in the practice of cosmetology and who has completed sixteen hundred hours of instruction at a school licensed under this chapter.

(5) "The practice of barbering" means the cutting, trimming, arranging, dressing, curling, waving and shampooing hair of the face, neck and scalp.

(6) "Barber" means a person licensed under this chapter to engage in the practice of barbering and who has completed eight hundred hours of instruction at a school licensed under this chapter.

(7) "Booth renter" means a person who performs cosmetology, barbering, or manicuring services where the use of the salon/shop facilities is contingent upon compensation to the owner of the salon/shop facilities and the person receives no compensation or other consideration from the owner for the services performed.

(8) "Practice of manicuring" means the cleaning, shaping, or polishing of the nails of the hands or feet, application and removal of artificial nails, skin care involving hot compresses, massage, or the use of electrical appliances or chemical compounds formulated for professional application only, and the temporary removal of superfluous hair by means of lotions, creams or mechanical or electrical apparatus or appliances on another person.

((~~(8)~~)) (9) "Manicurist" means a person who has successfully completed five hundred hours of instruction at a school licensed under this chapter and who is licensed pursuant to this chapter.

((~~(9)~~)) (10) "Person" means any individual, partnership, professional service corporation, joint stock association, joint venture, or any other entity authorized to do business in this state.

(11) "School" means any establishment offering instruction in the practice of cosmetology, barbering, or manicuring, and associated business practices, to students, or offering instruction in teaching techniques and lesson planning for the teaching of cosmetology, barbering, or manicuring, and associated business practices, and that is licensed under this chapter.

((~~(10)~~)) (12) "Salon/shop" means any building or structure, or any part thereof, other than a school, where the commercial practice of cosmetology, barbering, or manicuring is conducted.

(13) "Student" means a person sixteen years of age or older who is enrolled in a school licensed under this chapter and receives any phase of cosmetology, barbering, or manicuring instruction with or without tuition, fee, or cost, and who does not receive any wage or commission.

((~~(11)~~)) (14) "Cosmetology instructor" means a person who gives instruction in the practice of cosmetology, barbering and/or manicuring in a school and who has the same qualifications as a cosmetologist and who has completed at least five hundred hours of instruction in cosmetology teaching techniques and lesson planning in a school and has passed an examination prepared or selected by the board and administered by the director. A person who applies for a license under this section and who can show equivalent credentials to the five hundred hour curriculum is exempt from the five hundred hour requirement. An applicant who holds a degree in education from an accredited postsecondary institution shall upon application be licensed as an instructor if the applicant meets the requirements for licensure as a cosmetologist.

((~~(12)~~)) (15) "Barbering instructor" means a person who gives instruction in the practice of barbering in a school, has the same qualifications as a barber, has completed at least five hundred hours of instruction in barbering teaching techniques and lesson planning in a school, and has passed an examination prepared or selected by the board and administered by the director. A person who applies for a license under this section and who can show equivalent credentials to the five hundred hour curriculum is exempt from the five hundred hour requirement. An applicant who holds a degree in education from an accredited postsecondary institution shall upon application be licensed as an instructor if the applicant meets the requirements for licensure as a barber.

(16) "Manicuring instructor" means a person who gives instruction in the practice of manicuring in a school, has the same qualifications as a manicurist, has completed at least five hundred hours of instruction in manicuring teaching techniques and lesson planning in a school, and has passed an examination prepared or selected by the board and administered by the director. A person who applies for a license under this section and who can show equivalent credentials to the five hundred hour curriculum is exempt from the five hundred hour requirement. An applicant who holds a degree in education from an accredited postsecondary institution shall upon application be licensed as an instructor if the applicant meets the requirements for licensure as a manicurist.

(17) "Special student" is a person who has academically completed the eleventh grade of high school, who in cooperation with any senior high, vocational technical institute, community college, or prep school, attends a cosmetology school and participates in its student course of instruction and has the same rights and duties as a student as defined in this chapter. The school shall have relatively corresponding rights and responsibilities, and every such special student shall receive credit for all hours of instruction received in the school of cosmetology upon graduation from high school. Hours shall be credited to a special student if the student graduates from an accredited high school or receives a certificate of educational competence before applying to take the cosmetologist, barber, or manicurist license examination.

Sec. 2. Section 7, chapter 208, Laws of 1984 and RCW 18.16.030 are each amended to read as follows:

In addition to any other duties imposed by law, the director shall have the following powers and duties:

(1) To set all license, examination, and renewal fees in accordance with RCW 43.24.086;

(2) To adopt rules necessary to implement this chapter;

(3) To investigate alleged violations of this chapter and consumer complaints involving the practice of cosmetology, barbering, or manicuring;

(4) To conduct all disciplinary proceedings, impose sanctions, and assess fines for violations of this chapter or any rules adopted under it;

(5) To administer licensing examinations;

(6) To establish minimum safety and sanitation standards for schools and salons/shops;

(7) To establish minimum instruction guidelines for the training of students;

(8) Shall keep all student training records submitted by the school on file for at least five years or until the student is licensed;

(9) To set license expiration dates and renewal periods for all licenses ((~~under~~)) consistent with this chapter;

(10) To make information available to the department of revenue to assist in collecting taxes from persons required to be licensed under this chapter.

Sec. 3. Section 3, chapter 208, Laws of 1984 and RCW 18.16.060 are each amended to read as follows:

(1) It is a misdemeanor for any person to do any of the following without first obtaining the license required by this chapter:

((~~(1)~~)) (a) Except as provided in subsection (2) of this section, engage in the commercial practice of cosmetology, barbering, or manicuring;

((~~(2)~~)) (b) Instruct in a school; ((or

~~(3)~~)) (c) Operate a school; or

(d) Operate a salon/shop. Each booth renter shall be considered to be operating an independent salon/shop and shall obtain a separate salon/shop license.

(2) A person licensed as a cosmetology instructor may engage in the commercial practice of cosmetology without obtaining a cosmetologist license. A person licensed as a barbering instructor may engage in the commercial practice of barbering without obtaining a barber license. A person licensed as a manicuring instructor may engage in the commercial practice of manicuring without obtaining a manicurist license.

Sec. 4. Section 5, chapter 208, Laws of 1984 and RCW 18.16.100 are each amended to read as follows:

(1) Upon payment of the proper fee, the director shall issue the appropriate cosmetologist, barber, or manicurist license to any person who:

((~~(1)~~)) (a) Is at least seventeen years of age or older;

((~~(2)~~)) (b) Has completed a sixteen hundred hour course of training in cosmetology and business practices, an eight hundred hour course of training in barbering and business practices, or a five hundred hour course of training in manicuring and business practices. The required curriculum shall be determined by the director in consultation with the board; and

((~~(3)~~)) (c) Has received a passing grade on a licensing examination administered by the director.

(2) Upon payment of the proper fee, the director shall issue a salon/shop license to the operator of a salon/shop if the salon/shop meets the other requirements of this chapter as demonstrated by information submitted by the operator.

(3) The director shall consult with the state board of health and the department of labor and industries in establishing training and examination requirements.

Sec. 5. Section 12, chapter 208, Laws of 1984 and RCW 18.16.110 are each amended to read as follows:

The director shall issue the appropriate license to each applicant who has applied for a license and complied with the requirements established under this chapter for that license. Failure to renew a license before its expiration date subjects the holder to a penalty fee as established by the director in accordance with RCW 43.24.086. A person whose license has not been renewed for ((~~three~~)) four years shall be required to retake the applicable examination before the license may be reissued: PROVIDED, That the director may waive this requirement for good cause shown. To renew a salon/shop license, the licensee shall provide proof of insurance as required by section 6(1)(h) of this act.

NEW SECTION. Sec. 6. (1) A salon/shop 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;

(c) Be operated under the direct supervision of a licensed cosmetologist except that a salon/shop that is limited to barbering may be directly supervised by a barber and a salon/shop that is limited to manicuring may be directly supervised by a manicurist;

(d) Any room used wholly or in part as a salon/shop shall not be used for residential purposes, except that toilet facilities may be used jointly for residential and business purposes;

(e) Meet the zoning requirements of the county, city, or town, as appropriate;

(f) Provide for safe storage and labeling of chemicals used in the practice of cosmetology;

(g) Meet all applicable local and state fire codes;

(h) Provide proof that the salon/shop is covered by a public liability insurance policy in an amount not less than ten thousand dollars for combined bodily injury and property damage liability; and

(i) Other requirements which the director determines are necessary for safety and sanitation of salons/shops. The director shall consult with the state board of health and the department of labor and industries in establishing minimum salon/shop safety requirements.

(2) A salon/shop shall post the notice to customers described in section 7 of this act.

(3) At least once every two years or upon receipt of a complaint that a salon/shop has violated any provisions of this chapter or the rules adopted under this chapter, the director shall inspect the salon/shop. If the director determines that any salon/shop is not in compliance with this chapter, the director shall send written notice to the salon/shop. A salon/shop 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 18.16.210. The director may enter any salon/shop 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.

(4) A salon/shop, including a salon/shop operated by a booth renter, shall obtain a certificate of registration from the department of revenue.

NEW SECTION. Sec. 7. 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, 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.

NEW SECTION. Sec. 8. (1) Subject to subsection (2) of this section, licenses issued under this chapter expire as follows:

(a) A salon/shop license expires one year from issuance or when the insurance required by section 6(1)(h) of this act expires, whichever occurs first;

(b) A school license expires one year from issuance; and

(2) The director may provide for expiration dates other than those set forth in subsection (1) of this section for the purpose of establishing staggered renewal periods.

Sec. 9. Section 11, chapter 208, Laws of 1984 and RCW 18.16.130 are each amended to read as follows:

Any person who is properly licensed in any state, territory, or possession of the United States, or foreign country shall be issued a license under this chapter without examination if the applicant provides proof to the director that he or she is currently licensed in good standing as a cosmetologist, barber, manicurist, or the equivalent in that jurisdiction and has completed a course of training equivalent to that required under this chapter or has work experience equivalent to the course of training required under this chapter as determined by the department, by rule.

Sec. 10. Section 10, chapter 208, Laws of 1984 and RCW 18.16.090 are each amended to read as follows:

Examinations for licensure under this chapter shall be conducted monthly at such times and places as the director determines appropriate. Examinations shall consist of tests designed to reasonably measure the applicant's knowledge of safe and sanitary practice. The director shall annually announce the dates and locations of examinations scheduled for that year. Passing grades shall be based upon a standard of one hundred percent. An applicant who receives a passing grade as determined by the board is entitled to the appropriate license for which the applicant was examined.

The director shall take steps to ensure that after completion of the required course, applicants may promptly take the examination and receive the results of the examination.

All examination papers completed by the applicant shall be kept on file by the director for a period of at least one year and shall be available for inspection by the applicant or the applicant's agent.

Sec. 11. Section 20, chapter 18, Laws of 1982 1st ex. sess. as amended by section 117, chapter 7, Laws of 1985 and RCW 50.04.225 are each amended to read as follows:

The term "employment" does not include services performed in a barber shop or cosmetology shop by persons licensed under chapter 18.16 RCW if((:

~~(1) The use of the shop facilities by the individual performing the services is contingent upon compensation to the shop owner; and~~

~~(2) The individual performing the services receives no compensation or other consideration from the owner for the services performed~~)) the person is a booth renter as defined in RCW 18.16.020.

Sec. 12. Section 51.12.020, chapter 23, Laws of 1961 as last amended by section 2, chapter 316, Laws of 1987 and RCW 51.12.020 are each amended to read as follows:

The following are the only employments which shall not be included within the mandatory coverage of this title:

(1) Any person employed as a domestic servant in a private home by an employer who has less than two employees regularly employed forty or more hours a week in such employment.

(2) Any person employed to do gardening, maintenance, repair, remodeling, or similar work in or about the private home of the employer.

(3) A person whose employment is not in the course of the trade, business, or profession of his or her employer and is not in or about the private home of the employer.

(4) Any person performing services in return for aid or sustenance only, received from any religious or charitable organization.

(5) Sole proprietors or partners: PROVIDED, That after July 26, 1981, sole proprietors or partners who for the first time register under chapter 18.27 RCW or become licensed for the first time under chapter 19.28 RCW shall be included under the mandatory coverage provisions of this title subject to the provisions of RCW 51.32.030. These persons may elect to withdraw from coverage under RCW 51.12.115.

(6) Any child under eighteen years of age employed by his parent or parents in agricultural activities on the family farm.

(7) Jockeys while participating in or preparing horses for race meets licensed by the Washington horse racing commission pursuant to chapter 67.16 RCW.

(8) Any officer of a corporation elected and empowered in accordance with the articles of incorporation or bylaws of a corporation who at all times during the period involved is also a director and shareholder of the corporation. However, any corporation may elect to cover such officers who are in fact employees of the corporation in the manner provided by RCW 51.12.110.

(9) Services rendered by a musician or entertainer under a contract with a purchaser of the services, for a specific engagement or engagements when such musician or entertainer performs no other duties for the purchaser and is not regularly and continuously employed by the purchaser. A purchaser does not include the leader of a group or recognized entity who employs other than on a casual basis musicians or entertainers.

(10) Services performed by a booth renter as defined in RCW 18.16.020. However, a person exempted under this subsection may elect coverage under RCW 51.32.030.

Sec. 13. Section 82.04.360, chapter 15, Laws of 1961 and RCW 82.04.360 are each amended to read as follows:

(1) This chapter shall not apply to any person in respect to his or her employment in the capacity of an employee or servant as distinguished from that of an independent contractor.

(2) A booth renter, as defined by RCW 18.16.020, is an independent contractor for purposes of this chapter.

NEW SECTION. Sec. 14. It is a violation of this chapter for any person to engage in the commercial practice of cosmetology, barbering, or manicuring, except in a licensed salon/shop.

NEW SECTION. Sec. 15. Section 18, chapter 208, Laws of 1984 and RCW 18.16.120 are each repealed.

NEW SECTION. Sec. 16. Sections 6 through 8 and 14 of this act are each added to chapter 18.16 RCW.

NEW SECTION. Sec. 17. This act shall take effect on January 1, 1991, except that the department may immediately take such steps as are necessary to ensure that this act is implemented on its effective date.

NEW SECTION. Sec. 18. The sum of two hundred seven thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the department of licensing for the purposes of this act. The amount spent shall be repaid to the general fund from fees imposed as a result of this act prior to the end of the biennium ending June 30, 1993.

NEW SECTION. Sec. 19. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.