BILL REQ. #: H-1183.1
| State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/26/2007. Referred to Committee on Commerce & Labor.
AN ACT Relating to the practice of hairdressing; amending RCW 18.16.010, 18.16.020, 18.16.030, 18.16.050, 18.16.060, 18.16.100, 18.16.130, 18.16.170, 18.16.180, 18.16.190, 18.16.200, 18.16.290, and 18.16.900; and reenacting and amending RCW 18.16.175.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 18.16.010 and 2002 c 111 s 1 are each amended to read
as follows:
The legislature recognizes that the practices of cosmetology,
hairdressing, barbering, manicuring, and esthetics involve 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 those practices in this
state.
Sec. 2 RCW 18.16.020 and 2003 c 400 s 2 are each amended to read
as follows:
((As used in)) The definitions in this section apply throughout
this chapter((, the following terms have the meanings indicated))
unless the context clearly requires otherwise((:)).
(1) "Apprenticeship program" means an apprenticeship pilot program
approved under RCW 18.16.280 for the practice of cosmetology,
barbering, esthetics, and manicuring((, which expires July 1, 2006)).
(2) "Apprentice" means a person engaged in a state-approved
apprenticeship program and who may receive a wage or compensation while
engaged in the program.
(3) "Department" means the department of licensing.
(4) "Board" means the cosmetology, hairdressing, barbering,
esthetics, and manicuring advisory board.
(5) "Director" means the director of the department of licensing or
the director's designee.
(6) "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.
(7) "Cosmetologist" means a person licensed under this chapter to
engage in the practice of cosmetology.
(8) "The practice of hairdressing" 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.
(9) "Hairdresser" means a person licensed under this chapter to
engage in the practice of hairdressing.
(10) "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.
(((9))) (11) "Barber" means a person licensed under this chapter to
engage in the practice of barbering.
(((10))) (12) "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.
(((11))) (13) "Manicurist" means a person licensed under this
chapter to engage in the practice of manicuring.
(((12))) (14) "Practice of esthetics" means care of the skin by
application and use of preparations, antiseptics, tonics, essential
oils, or exfoliants, or by any device or equipment, electrical or
otherwise, or by wraps, compresses, cleansing, conditioning,
stimulation, pore extraction, or product application and removal; the
temporary removal of superfluous hair by means of lotions, creams,
mechanical or electrical apparatus, appliance, waxing, tweezing, or
depilatories; tinting of eyelashes and eyebrows; and lightening the
hair, except the scalp, on another person.
(((13))) (15) "Esthetician" means a person licensed under this
chapter to engage in the practice of esthetics.
(((14))) (16) "Instructor-trainee" means a person who is currently
licensed in this state as a cosmetologist, hairdresser, barber,
manicurist, or esthetician, and is enrolled in an instructor-trainee
curriculum in a school licensed under this chapter.
(((15))) (17) "School" means any establishment that offers
curriculum of instruction in the practice of cosmetology, hairdressing,
barbering, esthetics, manicuring, or instructor-trainee to students and
is licensed under this chapter.
(((16))) (18) "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,
hairdressing, barbering, esthetics, manicuring, or instructor-training
with or without tuition, fee, or cost, and who does not receive any
wage or commission.
(((17))) (19) "Instructor" means a person who gives instruction 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 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 in a curriculum in which he
or she holds a license under this chapter.
(((18))) (20) "Person" means any individual, partnership,
professional service corporation, joint stock association, joint
venture, or any other entity authorized to do business in this state.
(((19))) (21) "Salon/shop" means any building, structure, or any
part thereof, other than a school, where the commercial practice of
cosmetology, hairdressing, barbering, 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 by the advisory committee as established by the
department of labor and industries apprenticeship council.
(((20))) (22) "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.
(((21))) (23) "Approved security" means surety bond.
(((22))) (24) "Personal services" means a location licensed under
this chapter where the practice of cosmetology, hairdressing,
barbering, manicuring, or esthetics is performed for clients in the
client's home, office, or other location that is convenient for the
client.
(((23))) (25) "Individual license" means a cosmetology,
hairdresser, barber, manicurist, esthetician, or instructor license
issued under this chapter.
(((24))) (26) "Location license" means a license issued under this
chapter for a salon/shop, school, personal services, or mobile unit.
(((25))) (27) "Mobile unit" is a location license under this
chapter where the practice of cosmetology, hairdressing, 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.
(((26))) (28) "Curriculum" means the courses of study taught at a
school, 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) Cosmetologist, one thousand six hundred hours;
(b) Barber, one thousand hours;
(c) Hairdresser, one thousand fourteen hundred hours;
(d) Manicurist, six hundred hours;
(((d))) (e) Esthetician, six hundred hours;
(((e))) (f) Instructor-trainee, five hundred hours.
(((27))) (29) "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.
Sec. 3 RCW 18.16.030 and 2004 c 51 s 7 are each amended to read
as follows:
In addition to any other duties imposed by law, including RCW
18.235.030 and 18.235.040, 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 prepare and administer or approve the preparation and
administration of licensing examinations;
(4) To establish minimum safety and sanitation standards for
schools, instructors, cosmetologists, hairdressers, barbers,
manicurists, estheticians, salons/
(5) To establish curricula for the training of students under this
chapter;
(6) To maintain the official department record of applicants and
licensees;
(7) To establish by rule the procedures for an appeal of an
examination failure;
(8) To set license expiration dates and renewal periods for all
licenses consistent with this chapter;
(9) To ensure that all informational notices produced and mailed by
the department regarding statutory and regulatory changes affecting any
particular class of licensees are mailed to each licensee in good
standing or on inactive status in the affected class whose mailing
address on record with the department has not resulted in mail being
returned as undeliverable for any reason; and
(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. 4 RCW 18.16.050 and 2002 c 111 s 4 are each amended to read
as follows:
(1) There is created a state cosmetology, hairdressing, barbering,
esthetics, and manicuring advisory board consisting of nine members
appointed by the director. These members of the board shall include:
A representative of private schools licensed under this chapter; a
representative of public vocational technical schools licensed under
this chapter; a consumer who is unaffiliated with the cosmetology,
hairdressing, barbering, esthetics, or manicuring industry; and six
members who are currently practicing licensees who have been engaged in
the practice of manicuring, esthetics, barbering, hairdressing, 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 workforce 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 2004 c 51 s 1 are each amended to read
as follows:
(1) It is unlawful for any person to engage in a practice listed in
subsection (2) of this section unless the person has a license in good
standing as required by this chapter. A license issued under this
chapter shall be considered to be "in good standing" except when: (a)
The license has expired or has been canceled and has not been renewed
in accordance with RCW 18.16.110; (b) the license has been denied,
revoked, or suspended under RCW 18.16.210, 18.16.230, or 18.16.240, and
has not been reinstated; (c) the license is held by a person who has
not fully complied with an order of the director issued under RCW
18.16.210 requiring the licensee to pay restitution or a fine, or to
acquire additional training; or (d) the license has been placed on
inactive status at the request of the licensee, and has not been
reinstated in accordance with RCW 18.16.110(3).
(2) The director may take action under RCW 18.235.150 and
18.235.160 against any person who does any of the following without
first obtaining, and maintaining in good standing, the license required
by this chapter:
(a) Except as provided in subsection (3) of this section, engages
in the commercial practice of cosmetology, hairdressing, barbering,
esthetics, or manicuring;
(b) Instructs in a school;
(c) Operates a school; or
(d) Operates a salon/
(3) A person who receives a license as an instructor may engage in
the commercial practice for which he or she held a license when
applying for the instructor license without also renewing the
previously held license. However, a person licensed as an instructor
whose license to engage in a commercial practice is not or at any time
was not renewed may not engage in the commercial practice previously
permitted under that license unless that person renews the previously
held license.
Sec. 6 RCW 18.16.100 and 2003 c 400 s 5 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)(i) Has completed and graduated from a 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, one thousand fourteen hundred hours of training
in hairdressing, six hundred hours of training in manicuring, 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; or
(ii) Has successfully completed a state-approved apprenticeship
training program; 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.
(3) Upon completion of an application approved by the department,
certification of insurance, and payment of the proper fee, the director
shall issue a location license to the applicant.
(4) The director may consult with the state board of health and the
department of labor and industries in establishing training,
apprenticeship, and examination requirements.
Sec. 7 RCW 18.16.130 and 1991 c 324 s 10 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 eligible
for examination if the applicant submits the approved application and
fee and provides proof to the director that he or she is currently
licensed in good standing as a cosmetologist, hairdresser, barber,
manicurist, esthetician, instructor, or the equivalent in that
jurisdiction. Upon passage of the required examinations the
appropriate license will be issued.
Sec. 8 RCW 18.16.170 and 2002 c 111 s 10 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)(g) expires, whichever occurs first;
(b) A school license expires one year from issuance; and
(c) Cosmetologist, hairdresser, 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. 9 RCW 18.16.175 and 2002 c 111 s 11 and 2002 c 86 s 216 are
each reenacted and 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) 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;
(d) Meet the zoning requirements of the county, city, or town, as
appropriate;
(e) Provide for safe storage and labeling of chemicals used in the
practices under this chapter;
(f) Meet all applicable local and state fire codes; and
(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.
(2) The director may by rule determine other requirements that are
necessary for safety and sanitation of salons/shops, personal services,
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, personal services, and mobile unit safety
requirements.
(3) 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.
(4) Upon receipt of a written complaint that a salon/shop or mobile
unit has violated any provisions of this chapter, chapter 18.235 RCW,
or the rules adopted under either 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 18.235.110. 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.
(5) A salon/shop, personal services, or mobile unit shall obtain a
certificate of registration from the department of revenue.
(6) This section does not prohibit the use of motor homes as mobile
units if the motor home meets the health and safety standards of this
section.
(7) Salon/shop or mobile unit licenses issued by the department
must be posted in the salon/shop or mobile unit's reception area.
(8) Cosmetology, hairdressing, barbering, esthetics, and manicuring
licenses issued by the department must be posted at the licensed
person's work station.
Sec. 10 RCW 18.16.180 and 1991 c 324 s 16 are each amended to
read as follows:
The director shall prepare and provide to all licensed salons/shops
a notice to consumers. At a minimum, the notice shall state that
cosmetology, hairdresser, barber, esthetics, 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.
Sec. 11 RCW 18.16.190 and 1991 c 324 s 20 are each amended to
read as follows:
It is a violation of this chapter for any person to engage in the
commercial practice of cosmetology, hairdressing, barbering, esthetics,
or manicuring, except in a licensed salon/shop or the home, office, or
other location selected by the client for obtaining the services of a
personal service operator, or with the appropriate individual license
when delivering services to placebound clients. Placebound clients are
defined as persons who are ill, disabled, or otherwise unable to travel
to a salon/shop.
Sec. 12 RCW 18.16.200 and 2004 c 51 s 4 are each amended to read
as follows:
In addition to the unprofessional conduct described in RCW
18.235.130, the director may take disciplinary action against any
applicant or licensee under this chapter if the licensee or applicant:
(1) Has been found to have violated any provisions of chapter 19.86
RCW;
(2) Has engaged in a practice prohibited under RCW 18.16.060
without first obtaining, and maintaining in good standing, the license
required by this chapter;
(3) Has engaged in the commercial practice of cosmetology,
hairdressing, barbering, manicuring, or esthetics in a school;
(4) Has not provided a safe, sanitary, and good moral environment
for students in a school or the public;
(5) Has failed to display licenses required in this chapter; or
(6) Has violated any provision of this chapter or any rule adopted
under it.
Sec. 13 RCW 18.16.290 and 2004 c 51 s 2 are each amended to read
as follows:
(1) If the holder of an individual license in good standing submits
a written and notarized request that the licensee's cosmetology,
hairdresser, barber, manicurist, esthetician, or instructor license be
placed on inactive status, together with a fee equivalent to that
established by rule for a duplicate license, the department shall place
the license on inactive status until the expiration date of the
license. If the date of the request is no more than six months before
the expiration date of the license, a request for a two-year extension
of the inactive status, as provided under subsection (2) of this
section, may be submitted at the same time as the request under this
subsection.
(2) If the holder of a license placed on inactive status under this
section submits, by the expiration date of the license, a written and
notarized request to extend that status for an additional two years,
the department shall, without additional fee, extend the expiration
date of: (a) The licensee's individual license; and (b) the inactive
status for two years from the expiration date of the license.
(3) A license placed on inactive status under this section may not
be extended more frequently than once in any twenty-four month period
or for more than six consecutive years.
(4) If, by the expiration date of a license placed on inactive
status under this section, a licensee is unable, or fails, to request
that the status be extended and the license is not renewed, the license
shall be canceled.
Sec. 14 RCW 18.16.900 and 2002 c 111 s 17 are each amended to
read as follows:
This act shall be known and may be cited as the "Washington
cosmetologists, hairdressers, barbers, manicurists, and estheticians
act".