Z-0444.3  _______________________________________________

                         SENATE BILL 5762

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Haugen and Goings; by request of Department of Licensing

Read first time 02/08/1999.  Referred to Committee on Commerce, Trade, Housing & Financial Institutions.

Amending cosmetology laws.

    AN ACT Relating to cosmetology; amending RCW 18.16.010, 18.16.020, 18.16.030, 18.16.060, 18.16.090, 18.16.100, 18.16.110, 18.16.140, 18.16.170, 18.16.175, 18.16.200, 18.16.210, and 18.16.240; reenacting and amending RCW 18.16.050; repealing RCW 18.16.165, 18.16.180, and 18.16.190; and providing an effective date.

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

    Sec. 1.  RCW 18.16.010 and 1984 c 208 s 1 are each amended to read as follows:

    The legislature recognizes that the practices of cosmetology, barbering, manicuring, and esthetics involve((s)) the use of tools and chemicals which may be dangerous when mixed or applied improperly, and therefore finds it necessary in the interest of the public health, safety, and welfare to regulate ((the)) those practices ((of cosmetology)) in this state.

    Sec. 2.  RCW 18.16.020 and 1991 c 324 s 1 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) "Department" means the Washington department of licensing.

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

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

    (((3))) (4) "The practice of cosmetology" means the practice of arranging, dressing, cutting, trimming, styling, ((shampooing,)) permanent waving, chemical relaxing ((or)), straightening, curling, bleaching, ((or)) lightening, coloring, waxing, tweezing, shaving, mustache and beard design of the hair of the face, neck, and scalp ((and)); 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; esthetics limited to toning the skin of the scalp, stimulating the skin of the body by the use of preparations, tonics, lotions, or creams; applying eyelashes; and tinting eyelashes and eyebrows.

    (((4))) (5) "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))) (6) "The practice of barbering" means the cutting, trimming, arranging, dressing, curling, ((waving and shampooing)) shaving, and mustache and beard design of the hair of the face, neck, and scalp.

    (((6))) (7) "Barber" means a person licensed under this chapter to engage in the practice of barbering.

    (((7))) (8) "Practice of manicuring" means the cleaning, shaping, or polishing of the nails of the hands or feet, decoration of nails, and the application and removal of sculptured or otherwise artificial nails by hand or with mechanical or electrical apparatus or appliances.

    (((8))) (9) "Manicurist" means a person licensed under this chapter to engage in the practice of manicuring.

    (((9))) (10) "Practice of esthetics" means ((skin care of the face, neck, and hands)) stimulating of the skin of the body, except the scalp, by application and use of preparations, antiseptics, tonics, essential oils, exfoliants, or creams to induce chemical peel of the face and body or by any device, electrical or otherwise, for the care of the skin, but limited to the epidermis layer of the skin, body wraps, cleansing, conditioning, product application and removal, involving hot compresses, massage, or the use of approved electrical appliances or nonabrasive 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)), appliance, or depilatories; application of eyelashes; tinting of eyelashes and eyebrows; and lightening the hair, except the scalp, on another person.

    (((10))) (11) "Esthetician" means a person licensed under this chapter to engage in the practice of esthetics.

    (((11))) (12) "Instructor-trainee" means a person who is currently licensed in this state as a cosmetologist, barber, manicurist, or esthetician, and ((is enrolled in an approved instructor-trainee program)) has practiced one year prior to enrolling in an instructor-trainee curriculum in a school licensed under this chapter.

    (((12))) (13) "School" means any establishment offering curriculum of instruction in the practice of cosmetology, ((or)) barbering, ((or)) esthetics, ((or)) manicuring, or instructor-trainee to students and licensed under this chapter.

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

    (((14) "Instructor-operator-cosmetology)) (15) "Instructor" means a person who gives instruction in ((the practice of cosmetology and instructor-training in a school and who has the same qualifications as a cosmetologist,)) 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 ((an)) a licensing examination ((prepared or selected by the board and)) approved or administered by the director.  An applicant who holds a degree in education from an accredited postsecondary institution and who is otherwise qualified shall upon application be licensed as an ((instructor-operator with a cosmetology endorsement)) instructor.

    (((15) "Instructor-operator-barber" means a person who gives instruction in the practice of barbering and instructor training in a school, has the same qualifications as a barber, has completed at least five hundred hours of instruction in teaching techniques and lesson planning in a school, and has passed an examination prepared or selected by the board and administered by the director.  An applicant who holds a degree in education from an accredited postsecondary institution and who is otherwise qualified shall upon application be licensed as an instructor-operator with a barber endorsement.

    (16) "Instructor-operator-manicure" means a person who gives instruction in the practice of manicuring and instructor training in a school, has the same qualifications as a manicurist, has completed at least five hundred hours of instruction in teaching techniques and lesson planning in a school, and has passed an examination prepared or selected by the board and administered by the director.  An applicant who holds a degree in education from an accredited postsecondary institution and who is otherwise qualified shall upon application be licensed as an instructor-operator with a manicurist endorsement.

    (17) "Instructor-operator-esthetics" means a person who gives instruction in the practice of esthetics and instructor training in a school, has the same qualifications as an esthetician, has completed at least five hundred hours of instruction in teaching techniques and lesson planning in a school, and has passed an examination prepared or selected by the board and administered by the director.  An applicant who holds a degree in education from an accredited postsecondary institution and who is otherwise qualified shall upon application be licensed as an instructor-operator with an esthetics endorsement.

    (18) "Vocational student" is a person 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 person must have academically completed the eleventh grade of high school.  Every such vocational student shall receive credit for all creditable hours of the approved course of instruction received in the school of cosmetology upon graduation from high school.  Hours shall be credited to a vocational student if the student graduates from an accredited high school or receives a certificate of educational competence.

    (19) "Booth renter" means a person who performs cosmetology, barbering, esthetics, 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.

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

    (((21))) (17) "Salon/shop" means any building, structure, ((or motor home)) or any part thereof, other than a school, where the commercial practice of cosmetology, barbering, esthetics, or manicuring is conducted.

    (((22))) (18) "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.

    (((23))) (19) "Approved security" means surety bond, savings assignment, or irrevocable letter of credit.

    (((24) "Mobile operator" means any person possessing a valid cosmetology, barbering, manicuring, or esthetician's license that provides services in a mobile salon/shop.

    (25))) (20) "Personal services ((operator))" means ((any person possessing a valid)) a location license under this chapter where the practice of cosmetology, barbering, manicuring, or ((esthetician's license that provides services)) esthetics is performed for clients in the client's home, office, or other location that is convenient for the client.

(21) "Individual license" means a cosmetology, barbering, manicurist, esthetician, or instructor license issued under this chapter.

(22) "Location license" means a license issued under this chapter for a salon/shop, school, personal services, or mobile unit.

(23) "Mobile unit" is a location license under this chapter where the practice of cosmetology, barbering, 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.

(24) "Curriculum" means the courses of study taught at a school, set by rule under this chapter, and approved by the department.  Up to ten percent of a school's approved hours in a curriculum may be 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) Cosmetologist, 1600 hours;

(b) Barber, 1000 hours;

(c) Manicurist, 600 hours;

(d) Esthetician, 600 hours;

(e) Instructor-trainee, 500 hours.

(25) "Student monthly report" means the student record of daily activities that is prepared monthly by the school and provided to the student, audited annually by the department including the number of hours taken in each course of a curriculum, and kept on file by the school for three years.

    Sec. 3.  RCW 18.16.030 and 1991 c 324 s 2 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 under this chapter of cosmetology, barbering, esthetics, ((or)) manicuring, instructing, and schools offering ((training)) course curriculums in these ((areas)) practices, and salons/shops ((and booth renters offering)), personal services, or mobile units where these ((services)) practices are conducted;

    (4) To issue subpoenas, statements of charges, statements of intent, final orders, stipulated agreements, and any other legal remedies necessary to enforce this chapter;

    (5) To issue cease and desist ((letters)) orders and ((letters of warning)) notices of correction for infractions of this chapter;

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

    (7) To prepare and administer or approve the preparation and administration of licensing examinations;

    (8) To establish minimum safety and sanitation standards for schools, instructors, cosmetologists, barbers, manicurists, estheticians, ((and)) salons/shops, personal services, and mobile units;

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

    (10) To maintain the official department record of applicants and licensees;

    (11) To delegate in writing to a designee the authority to issue subpoenas, statements of charges, cease and desist orders, and any other documents necessary to enforce this chapter;

    (12) To establish by rule the procedures for an appeal of an examination failure;

    (13) To employ such administrative, investigative, inspection, audit, and clerical staff as needed to implement this chapter;

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

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

    Sec. 4.  RCW 18.16.050 and 1998 c 245 s 5 and 1998 c 20 s 1 are each reenacted and amended to read as follows:

    (1) There is created a state cosmetology, barbering, esthetics, and manicuring advisory board consisting of nine members appointed by the director.  These members of the board shall include:  A representative of ((a)) private ((cosmetology)) schools licensed under this chapter; a representative of ((a)) public vocational technical schools ((involved in cosmetology training)) licensed under this chapter; a consumer who is unaffiliated with the cosmetology, barbering, esthetics, or manicuring industry; and six members who are currently practicing licensees who have been engaged in the practice of manicuring, esthetics, barbering, or cosmetology for at least three years.  Members shall serve a term of three years.  Any board member may be removed for just cause.  The director may appoint a new member to fill any vacancy on the board for the remainder of the unexpired term.

    (2) Board members shall be entitled to compensation pursuant to RCW 43.03.240 for each day spent conducting official business and to reimbursement for travel expenses as provided by RCW 43.03.050 and 43.03.060.

    (3) The board may seek the advice and input of officials from the following state agencies:  (a) The work force training and education coordinating board; (b) the department of employment security; (c) the department of labor and industries; (d) the department of health; (e) the department of licensing; and (f) the department of revenue.

    Sec. 5.  RCW 18.16.060 and 1991 c 324 s 4 are each amended to read as follows:

    (1) The director shall impose a fine of one thousand dollars on any person who ((does)), after a hearing provided for in RCW 18.16.210, has been found to have done any of the following without first obtaining the license required by this chapter:

    (a) Except as provided in subsection (2) of this section, commercial practice of cosmetology, barbering, esthetics, manicuring, or instructing;

    (b) Instructs in a school;

    (c) Operates a school; or

    (d) Operates a salon/shop, personal services, or mobile unit.  ((Each booth renter shall be considered to be operating an independent salon/shop and shall obtain a separate salon/shop license.))

    (2) A person who receives a license((d)) as ((a cosmetology instructor-operator)) an instructor may engage in the commercial practice ((of cosmetology)) for which he or she held a license when applying for the instructor license without ((maintaining a cosmetologist)) renewing the previously held license.  ((A person licensed as a barbering instructor-operator may engage in the commercial practice of barbering without maintaining a barber license.  A person licensed as a manicuring instructor-operator may engage in the commercial practice of manicuring without maintaining a manicurist license.  A person licensed as an esthetician instructor-operator may engage in the commercial practice of esthetics without maintaining an esthetician license.))  A person whose license is not or at any time was not renewed cannot engage in the commercial practice previously permitted under that license unless that person renews the previously held license.

    Sec. 6.  RCW 18.16.090 and 1991 c 324 s 5 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 practices and this chapter and rules adopted pursuant to this chapter.  The director shall establish by rule the minimum passing score for all examinations and the requirements for reexamination of applicants who fail the examination or examinations.

    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.

    Sec. 7.  RCW 18.16.100 and 1991 c 324 s 6 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) Has completed and graduated from a ((course)) 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, ((five)) six hundred hours of training in manicuring, ((five)) 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; and

    (c) Has received a passing grade on the appropriate licensing examination approved or administered by the director.

    (2) 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 approved by the director)).

    (3) Upon completion of an application approved by the department, certification of insurance, and payment of the proper fee, the director shall issue a ((salon/shop)) location 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)) applicant.

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

    Sec. 8.  RCW 18.16.110 and 1991 c 324 s 7 are each amended to read as follows:

    (1) The director shall issue the appropriate license to any applicant who meets the requirements as outlined in this chapter.

(2) Failure to renew ((a)) an individual license before its expiration date subjects the holder to a penalty fee and payment of each year's renewal fee, at the current rate((, up to a maximum of four years as established by the director in accordance with RCW 43.24.086)).  A person whose license has not been renewed ((for four years)) within one year after its expiration date shall be canceled and shall be required to submit an application, fee, meet current licensing requirements, and pass the applicable examination or examinations before the license may be reinstated((:  PROVIDED, That the director may waive this requirement for good cause shown)).

(3) To renew a salon/shop, personal services, or mobile unit license, the licensee shall ((provide proof of)) certify insurance as required by RCW 18.16.175(1)(((h))) (g).

    (((2))) (4) Upon request and payment of an additional fee to be established by the director, the director shall issue a duplicate license to an applicant.

    Sec. 9.  RCW 18.16.140 and 1991 c 324 s 11 are each amended to read as follows:

    (1) Any person wishing to operate a school shall, before opening such a school, file with the director for approval a license application and fee containing the following information:

    (a) The names and addresses of all owners, managers, and instructors;

    (b) A copy of the school's curriculum satisfying the ((training guidelines)) curriculum requirements established by the director;

    (c) A sample copy of the school's catalog, brochure, enrollment contract, and cancellation and refund policies that will be used or distributed by the school to students and the public;

    (d) ((A description and floor plan of the school's physical equipment and facilities;

    (e))) A surety bond, irrevocable letter of credit, or savings assignment in an amount not less than ten thousand dollars, or ten percent of the annual gross tuition collected by the school, whichever is greater.  The approved security shall not exceed fifty thousand dollars and shall run to the state of Washington for the protection of unearned prepaid student tuition.  The school shall attest to its gross tuition at least annually on forms provided by the department.  When a new school license is being applied for, the applicant will estimate its annual gross tuition to establish a bond amount.  This subsection shall not apply to community colleges and vocational technical schools.

    Upon approval of the application and documents, the director shall issue a license to operate a school ((with the appropriate certification or certifications)).

    (2) Changes to the information provided by schools shall be submitted to the department within fifteen days of the implementation date.

    (3) A change involving the controlling interest of the school requires a new license application and fee.  The new application shall include all required documentation, proof of ownership change, and be approved prior to a license being issued.

(4) School and instructor licenses issued by the department shall be posted in the reception area of the school.

    Sec. 10.  RCW 18.16.170 and 1991 c 324 s 9 are each amended to read as follows:

    (1) Subject to subsection (2) of this section, licenses issued under this chapter expire as follows:

    (a) A salon/shop, personal services, or mobile unit license expires one year from issuance or when the insurance required by RCW 18.16.175(1)(((h))) (g) expires, whichever occurs first;

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

    (c) Cosmetologist, barber, manicurist, esthetician, and instructor licenses expire two years from issuance.

    (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. 11.  RCW 18.16.175 and 1997 c 178 s 2 are each 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) ((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, a salon/shop that is limited to manicuring may be directly supervised by a manicurist, and a salon/shop that is limited to esthetics may be directly supervised by an esthetician;

    (d))) 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;

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

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

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

    (((h) Provide proof)) (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; and

    (((i))) (h) Other requirements which the director determines are necessary for safety and sanitation of salons/shops 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 and mobile unit safety requirements.

    (2) ((A salon/shop shall post the notice to customers described in RCW 18.16.180.)) 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.

    (3) Upon receipt of a written complaint that a salon/shop or mobile unit has violated any provisions of this chapter or the rules adopted under this 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 18.16.210.  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.

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

    (5) This section does not prohibit the use of motor homes as mobile ((salon/shops)) units if the motor home meets the health and safety standards of this section.

(6) Salon/shop or mobile unit licenses issued by the department shall be posted in the salon/shop or mobile unit's reception area.

(7) Cosmetology, barbering, esthetics, and manicuring licenses issued by the department shall be posted at the licensed person's work station.

    Sec. 12.  RCW 18.16.200 and 1991 c 324 s 14 are each amended to read as follows:

    Any applicant or licensee under this chapter may be subject to disciplinary action by the director if the licensee or applicant:

    (1) Has been found guilty of a crime related to the practice of cosmetology, barbering, esthetics, manicuring, or instructing;

    (2) Has made a material misstatement or omission in connection with an original application or renewal;

    (3) Has engaged in false or misleading advertising;

    (4) Has performed services in an unsafe or unsanitary manner;

    (5) Has aided and abetted unlicensed activity;

    (6) Has engaged in the commercial practice of cosmetology, barbering, manicuring, or esthetics, or has instructed in or operated a school, salon/shop, personal services, or mobile unit without first obtaining the license required by this chapter;

    (7) Has engaged in the commercial practice of cosmetology, barbering, manicuring, or esthetics in a school;

    (8) Has not provided a safe, sanitary, and good moral environment for students and public;

    (9) Has not provided records as required by this chapter;

    (10) Has not cooperated with the department in supplying records or assisting in an inspection, investigation, or disciplinary procedure; ((or))

    (11) Failed to display licenses required in this chapter; or

(12) Has violated any provision of this chapter or any rule adopted under it.

    Sec. 13.  RCW 18.16.210 and 1984 c 208 s 14 are each amended to read as follows:

    If, following a hearing, the director finds that any person or an applicant or licensee has violated any provision of this chapter or any rule adopted under it, the director may impose one or more of the following penalties:

    (1) Denial of a license or renewal;

    (2) Revocation or suspension of a license;

    (3) A fine of not more than five hundred dollars per violation;

    (4) Issuance of a reprimand or letter of censure;

    (5) Placement of the licensee on probation for a fixed period of time;

    (6) Restriction of the licensee's authorized scope of practice;

    (7) Requiring the licensee to make restitution or a refund as determined by the director to any individual injured by the violation; or

    (8) Requiring the licensee to obtain additional training or instruction.

    Sec. 14.  RCW 18.16.240 and 1997 c 58 s 815 are each amended to read as follows:

    The department shall immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order ((or a residential or visitation order)).  If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.

NEW SECTION. Sec. 15.  The following acts or parts of acts are each repealed:

(1) RCW 18.16.165 (Licenses issued, students enrolled before January 1, 1992--Curricula updates) and 1991 c 324 s 8;

(2) RCW 18.16.180 (Salon/shop--Notice required) and 1991 c 324 s 16; and

(3) RCW 18.16.190 (Location of practice--Penalty--Placebound clients) and 1991 c 324 s 20.

NEW SECTION. Sec. 16.  This act takes effect January 1, 2000.

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