1038-S AMH RYUC MERE 382
SHB 1038 - H AMD 593
By Representative Ryu
ADOPTED 01/22/2014
On page 2, beginning on line 3, strike all of section 2 and insert the following:
"Sec. 2. RCW 18.16.020 and 2013 c 187 s 1 are each reenacted and amended to read as follows:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise:
(1) "Apprentice" means a person who is engaged in a state-approved apprenticeship program and who must receive a wage or compensation while engaged in the program.
(2) "Apprentice monthly report" means the apprentice record of daily activities and the number of hours completed in each course of a curriculum that is prepared monthly by the approved apprenticeship program and provided to the apprentice, audited annually by the department, and kept on file by the approved apprenticeship program for three years.
(3) "Apprentice trainer" means a person who gives training to an apprentice in an approved apprenticeship program and who is approved under RCW 18.16.280.
(4) "Apprenticeship program" means a state-approved apprenticeship program pursuant to chapter 49.04 RCW and approved under RCW 18.16.280 for the training of cosmetology, barbering, esthetics, master esthetics, and manicuring.
(5) "Apprenticeship training committee" means a committee approved by the Washington apprenticeship and training council established in chapter 49.04 RCW.
(6) "Approved apprenticeship shop" means a salon/shop that has been approved under RCW 18.16.280 and chapter 49.04 RCW to participate in an apprenticeship program.
(7) "Approved security" means surety bond.
(8) "Barber" means a person licensed under this chapter to engage in the practice of barbering.
(9) "Board" means the cosmetology, barbering, esthetics, and manicuring advisory board.
(10) "Cosmetologist" means a person licensed under this chapter to engage in the practice of cosmetology.
(11) "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.
(12) "Curriculum" means the courses of study
taught at a school, ((or)) online by a school, in an approved
apprenticeship program established by the Washington state apprenticeship and
training council and conducted in an approved salon/shop, or online by an
approved apprenticeship program, 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) School curriculum:
(i) Cosmetologist, one thousand six hundred hours;
(ii) Barber, one thousand hours;
(iii) Manicurist, six hundred hours;
(iv) Esthetician, seven hundred fifty hours;
(v) Master esthetician either:
(A) One thousand two hundred hours; or
(B) Esthetician licensure plus four hundred fifty hours of training;
(vi) Instructor-trainee, five hundred hours.
(b) Apprentice training curriculum:
(i) Cosmetologist, two thousand hours;
(ii) Barber, one thousand two hundred hours;
(iii) Manicurist, eight hundred hours;
(iv) Esthetician, eight hundred hours;
(v) Master esthetician, one thousand four hundred hours.
(13) "Department" means the department of licensing.
(14) "Director" means the director of the department of licensing or the director's designee.
(15) "Distance or online learning" means theory training provided online, by a school licensed under this chapter or an approved apprenticeship program established by the Washington state apprenticeship and training council, in the areas of cosmetology, manicuring, barbering, esthetics, and instructor-training."
(((15)))(16) "Esthetician" means
a person licensed under this chapter to engage in the practice of esthetics.
(((16)))(17) "Individual
license" means a cosmetology, barber, manicurist, esthetician, master
esthetician, or instructor license issued under this chapter.
(((17)))(18) "Instructor" means
a person who gives instruction in a school, or who provides classroom theory
training to apprentices in locations other than 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, or to provide classroom theory training to
apprentices in locations other than 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, or to provide classroom theory training to apprentices in locations
other than in a school, in a curriculum in which he or she holds a license
under this chapter. To be approved as an "instructor" in an approved
apprenticeship program, the instructor must be a competent instructor as
defined in rules adopted under chapter 49.04 RCW.
(((18)))(19)
"Instructor-trainee" means a person who is currently licensed in this
state as a cosmetologist, barber, manicurist, esthetician, or master
esthetician, and is enrolled in an instructor-trainee curriculum in a school
licensed under this chapter.
(((19)))(20) "Location license"
means a license issued under this chapter for a salon/shop, school, personal
services, or mobile unit.
(((20)))(21) "Manicurist" means
a person licensed under this chapter to engage in the practice of manicuring.
(((21)))(22) "Master
esthetician" means a person licensed under this chapter to engage in the
practice of master esthetics.
(((22)))(23) "Mobile unit" is a
location license under this chapter where the practice of cosmetology,
barbering, esthetics, master 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.
(((23)))(24) "Person" means any
individual, partnership, professional service corporation, joint stock
association, joint venture, or any other entity authorized to do business in
this state.
(((24)))(25) "Personal services"
means a location licensed under this chapter where the practice of cosmetology,
barbering, manicuring, esthetics, or master esthetics is performed for clients
in the client's home, office, or other location that is convenient for the
client.
(((25)))(26) "((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.
(((26)))(27) "((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.
(((27)))(28) "Practice of
esthetics" means the care of the skin for compensation by application, use
of preparations, antiseptics, tonics, essential oils, exfoliants, superficial
and light peels, or by any device, except laser, or equipment, electrical or
otherwise, or by wraps, compresses, cleansing, conditioning, stimulation,
superficial skin stimulation, pore extraction, or product application and
removal; temporary removal of superfluous hair by means of lotions, creams,
appliance, waxing, threading, tweezing, or depilatories, including chemical
means; and application of product to the eyelashes and eyebrows, including
extensions, design and treatment, tinting and lightening of the hair, excluding
the scalp. Under no circumstances does the practice of esthetics include the
administration of injections.
(((28)))(29) "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.
(((29)))(30) "Practice of master
esthetics" means the care of the skin for compensation including all of
the methods allowed in the definition of the practice of esthetics. It also
includes the performance of medium depth peels and the use of medical devices
for care of the skin and permanent hair reduction. The medical devices
include, but are not limited to, lasers, light, radio frequency, plasma,
intense pulsed light, and ultrasound. The use of a medical device must comply
with state law and rules, including any laws or rules that require delegation
or supervision by a licensed health professional acting within the scope of
practice of that health profession.
(((30)))(31) "Salon/shop" means
any building, structure, or any part thereof, other than a school, where the
commercial practice of cosmetology, barbering, esthetics, master 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 as established by the Washington state apprenticeship and training
council established in chapter 49.04 RCW.
(((31)))(32) "School" means any
establishment that offers curriculum of instruction in the practice of
cosmetology, barbering, esthetics, master esthetics, manicuring, or
instructor-trainee to students and is licensed under this chapter.
(((32)))(33) "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, master esthetics, manicuring, or instructor-training with
or without tuition, fee, or cost, and who does not receive any wage or
commission.
(((33)))(34) "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."
Renumber the remaining sections consecutively and correct any internal references accordingly.
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EFFECT: Makes a technical correction to incorporate the most recently amended version of RCW 18.16.020.
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