BILL REQ. #:  S-1294.1 

Read first time 02/06/2007.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to the practice of esthetics; amending RCW 18.16.020; and adding a new section to chapter 18.16 RCW.

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

Sec. 1   RCW 18.16.020 and 2003 c 400 s 2 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) "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, 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 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) "Barber" means a person licensed under this chapter to engage in the practice of barbering.
     (10) "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) "Manicurist" means a person licensed under this chapter to engage in the practice of manicuring.
     (12) "Practice of esthetics" ((means)) includes, but is not limited to, the following: The safety, sanitation, theory, practical application, and 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, a mechanical or electrical apparatus((,)) or appliance that is legally registered with the food and drug administration and is manufactured by a food and drug administration registered medical device manufacturer and maintains an intended use that is within the scope of esthetics, waxing, tweezing, or depilatories; tinting of eyelashes and eyebrows; and lightening the hair, except the scalp, on another person. "Practice of esthetics" does not include a practice, activity, or treatment that constitutes the practice of medicine, osteopathic medicine, or chiropractic medicine.
     (13) "Esthetician" means a person licensed under this chapter to engage in the practice of esthetics.
     (14) "Practice of master esthetics" means the practice of esthetics plus additional requirements and scholastic criteria as determined by rule by the department. The rules must address training and practical use of microdermabrasion, microcurrent, chemical exfoliation, laser technology, light, radiofrequency, and plasma devices as used within the scope of the practice of master esthetics. The rules must also address other electrical, mechanical, and light devices that are within the scope of the practice of master esthetics and are legally registered with the food and drug administration and manufactured by a food and drug administration registered medical device manufacturer.
     (15) "Master estheticians" means a person licensed under this chapter to engage in the practice of master esthetics.
     (16) "Instructor-trainee" means a person who is currently licensed in this state as a cosmetologist, 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, 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, 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, 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, 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, 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, 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) Manicurist, six hundred hours;
     (d) Esthetician, six hundred hours;
     (e) Master estheticians, seven hundred hours;
     (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.

NEW SECTION.  Sec. 2   A new section is added to chapter 18.16 RCW to read as follows:
     The department must waive the curriculum requirements for licensure as a master esthetician for an individual who files a license application before December 31, 2007, and meets any of the following conditions:
     (1) Has at least three years of documented work experience as a master esthetician that meets requirements established by rule by the department;
     (2) Has completed a training program that meets requirements established by rule by the department; or
     (3) Holds a certificate of registration, certification, or license as a master esthetician issued to him or her by another state that has comparable requirements to those requirements established by rule by the department.