FINAL BILL REPORT
SB 6652
C 111 L 02
Synopsis as Enacted
Brief Description: Regulating cosmetology, barbering, manicuring, and esthetics.
Sponsors: Senators Prentice and Haugen.
Senate Committee on Labor, Commerce & Financial Institutions
House Committee on Commerce & Labor
Background: The Department of Licensing regulates the practices of cosmetology, barbering, manicuring, and esthetics. A cosmetologist deals with the care of hair on the scalp, face and neck, the care of nails of the hands and feet, and the treatment and care of the skin. The remaining areas of practice encompass a narrower range of functions.
All licensees must complete an approved curriculum at an approved school and pass both a practical and written examination. Typically, the school conducts the practical exam and the department administers the written exam. The training requirement is 1,600 hours for a cosmetologist, 1,000 hours for a barber, and 500 hours for a manicurist, an esthetician, and an instructor.
To be approved, a school must obtain a surety bond, an irrevocable letter of credit, or a savings assignment in an amount not less than $10,000 or 10 percent of the annual gross tuition collected by the school.
An instructor-operator is a person who has the qualifications of a practitioner, instructs in the practice in a school, has at least 500 hours of instruction in teaching techniques and lesson planning, and has passed an exam. A person with an education degree and who otherwise qualifies may be licensed as an instructor.
The department also licenses the type of business within which the practice occurs including salon/shops, booth-renters, and all schools that conduct training.
Failure to renew a license before it expires subjects the licensee to a penalty fee and payment of each year's renewal fee at the current rate if the holder renews the license within four years of the expiration date. Renewal may be allowed after that time period as determined by the director of the Department of Labor and Industries.
In 1998, the department and the advisory board completed a review of the industry and made recommendations in the areas of education, licensing, and enforcement of health standards. Some of the recommendations requiring legislative action are reflected in the proposed legislation.
Summary: Several changes are made in the licensing and regulation of cosmetology, barbering, esthetics, and manicuring as a result of a review of the industry and regulatory practices recently completed by the advisory board and the department.
Licensing: The practices of cosmetology, manicuring, and esthetics are further defined resulting in fewer overlaps in the functions performed under each license. Cosmetology includes a limited practice in manicuring and esthetics while the practices of manicuring and esthetics are updated and expanded to reflect actual current practice.
Licenses are further designated as individual licenses for those meeting the qualifications to practice and as location licenses for the business activity associated with the practice. Location licenses include salon/shops, mobile units, and personal services. A personal services license allows the practitioner to provide services to a client in a location convenient to the client, such as the client's home or office. Location licensees must certify that they hold public liability insurance of not less than $100,000 prior to being licensed. The booth-renter license is eliminated and these licensees are to be licensed as salon/shops.
Failure to renew an individual license before it expires subjects the licensee to a penalty fee and payment of each year's renewal fee at the current rate if the holder renews the license within one year of the date of expiration. No renewal is allowed after that time period and a person seeking a license is treated as a new applicant.
Education and training requirements: The training requirements for manicurists and estheticians are increased from 500 hours to 600 hours.
A licensed practitioner may qualify as an instructor if he or she holds a state instructional certificate from a community or technical college and has passed an exam.
The department may set, by rule, the percentage of hours for which a student may receive credit for apprentice-type work in a salon/shop. The percentage is limited to 10 percent of the total curriculum hours required for licensing.
Prior to July 1, 2003, currently licensed cosmetologists may apply for separate licenses in manicuring and esthetics, and students enrolled in a licensed school in a cosmetology curriculum may apply for examination in cosmetology, manicuring, and esthetics. After June 30, 2003, the curriculum hours for each area of practice must be met in order to apply for the examination and be licensed.
A school may no longer use letters of credit or savings assignments and may use only surety bonds as approved security.
Enforcement: A hearing is required before a fine of $1,000 is imposed by the department for operating or instructing without a license.
Votes on Final Passage:
Senate470
House904
Effective: June 1, 2003