BILL REQ. #: H-1723.1
State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 02/22/13.
AN ACT Relating to esthetics; and amending RCW 18.16.020, 18.16.030, 18.16.050, 18.16.060, 18.16.130, 18.16.170, 18.16.175, 18.16.180, 18.16.190, 18.16.200, 18.16.260, and 18.16.290.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 18.16.020 and 2008 c 20 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) "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.
(2) "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.
(3) "Apprenticeship training committee" means a committee approved
by the Washington apprenticeship and training council established in
chapter 49.04 RCW.
(4) "Department" means the department of licensing.
(5) "Board" means the cosmetology, barbering, esthetics, and
manicuring advisory board.
(6) "Director" means the director of the department of licensing or
the director's designee.
(7) "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.
(8) "Cosmetologist" means a person licensed under this chapter to
engage in the practice of cosmetology.
(9) "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.
(10) "Barber" means a person licensed under this chapter to engage
in the practice of barbering.
(11) "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.
(12) "Manicurist" means a person licensed under this chapter to
engage in the practice of manicuring.
(13) "Practice of esthetics" means the care of the skin for
compensation by application ((and)), use of preparations, antiseptics,
tonics, essential oils, ((or)) exfoliants, superficial and light peels,
or by any device or equipment, electrical or otherwise, or by wraps,
compresses, cleansing, conditioning, stimulation, superficial skin
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,
threading, tweezing, or depilatories, including chemical means;
((tinting of)) and application of product to the eyelashes and
eyebrows((;)), including extensions, design and treatment, tinting and
lightening of the hair, ((except)) excluding the scalp((, on another
person)).
(14) "Esthetician" means a person licensed under this chapter to
engage in the practice of esthetics.
(15) "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.
(16) "Master esthetician" means a person licensed under this
chapter to engage in the practice of master esthetics.
(17) "Instructor-trainee" means a person who is currently licensed
in this state as a cosmetologist, barber, manicurist, ((or))
esthetician, or master esthetician, and is enrolled in an instructor-trainee curriculum in a school licensed under this chapter.
(((16))) (18) "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.
(((17))) (19) "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.
(((18))) (20) "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.
(((19))) (21) "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.
(((20))) (22) "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))) (23) "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.
(((22))) (24) "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.
(((23))) (25) "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.
(((24))) (26) "Approved security" means surety bond.
(((25))) (27) "Personal services" means a location licensed under
this chapter where the practice of cosmetology, barbering, manicuring,
((or)) esthetics, or master esthetics is performed for clients in the
client's home, office, or other location that is convenient for the
client.
(((26))) (28) "Individual license" means a cosmetology, barber,
manicurist, esthetician, master esthetician, or instructor license
issued under this chapter.
(((27))) (29) "Location license" means a license issued under this
chapter for a salon/shop, school, personal services, or mobile unit.
(((28))) (30) "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.
(((29))) (31) "Curriculum" means the courses of study taught at a
school, or in an approved apprenticeship program established by the
Washington state apprenticeship and training council and conducted in
an approved salon/shop, 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, ((six)) 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.
(((30))) (32) "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.
(((31))) (33) "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.
Sec. 2 RCW 18.16.030 and 2008 c 20 s 2 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, barbers, manicurists,
estheticians, master estheticians, salons/
(5) To establish curricula for the training of students and
apprentices 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. 3 RCW 18.16.050 and 2008 c 20 s 3 are each amended to read
as follows:
(1) There is created a state cosmetology, barbering, esthetics, and
manicuring advisory board consisting of a maximum of ten members
appointed by the director. These members of the board shall include:
A representative of private schools licensed under this chapter; a
representative from an approved apprenticeship program conducted in an
approved salon/shop; a representative of public vocational technical
schools licensed under this chapter; a consumer who is unaffiliated
with the cosmetology, barbering, esthetics, master esthetics, or
manicuring industry; and six members who are currently practicing
licensees who have been engaged in the practice of manicuring,
esthetics, master 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 workforce training and education
coordinating board; (b) the ((department of)) employment security
department; (c) the department of labor and industries; (d) the
department of health; (e) the department of licensing; and (f) the
department of revenue.
Sec. 4 RCW 18.16.060 and 2008 c 20 s 4 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 subsections (3) and (4) of this section,
engages in the commercial practice of cosmetology, barbering,
esthetics, master 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.
(4) An apprentice actively enrolled in an apprenticeship program
for cosmetology, barbering, esthetics, master esthetics, or manicuring
may engage in the commercial practice as required for the
apprenticeship program.
Sec. 5 RCW 18.16.130 and 1991 c 324 s 10 are each amended to read
as follows:
(1) 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, barber, manicurist,
esthetician, instructor, or the equivalent in that jurisdiction. Upon
passage of the required examinations the appropriate license will be
issued.
(2)(a) The director shall, upon passage of the required
examinations, issue a license as master esthetician to an applicant who
submits the approved application and fee and provides proof to the
director that the applicant is currently licensed in good standing in
esthetics in any state, territory, or possession of the United States,
or foreign country and holds a diplomate of the comite international
d'esthetique et de cosmetologie diploma, or an international therapy
examination council diploma, or a certified credential awarded by the
national coalition of estheticians, manufacturers/distributors &
associations.
(b) The director may upon passage of the required examinations,
issue a master esthetician license to an applicant that is currently
licensed in esthetics in any other state, territory, or possession of
the United States, or foreign country and submits an approved
application and fee and provides proof to the director that he or she
is licensed in good standing and:
(i) The licensing state, territory, or possession of the United
States, or foreign country has licensure requirements that the director
determines are substantially equivalent to a master esthetician license
in this state; or
(ii) The applicant has certification or a diploma or other
credentials that the director determines has licensure requirements
that are substantially equivalent to the degree listed in (a) of this
subsection.
Sec. 6 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, barber, manicurist, esthetician, master
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. 7 RCW 18.16.175 and 2008 c 20 s 6 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) 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 for both 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, barbering, esthetics, master esthetics, and
manicuring licenses issued by the department must be posted at the
licensed person's work station.
Sec. 8 RCW 18.16.180 and 2008 c 20 s 7 are each amended to read
as follows:
(1) The director shall prepare and provide to all licensed
salons/shops a notice to consumers. At a minimum, the notice shall
state that cosmetology, barber, esthetics, master 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.
(2) An approved apprenticeship shop must post a notice to consumers
in the reception area of the salon/shop stating that services may be
provided by an apprentice. At a minimum, the notice must state: "This
shop is a participant in a state-approved apprenticeship program.
Apprentices in this program are in training and have not yet received
a license."
Sec. 9 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, barbering, esthetics, master
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. 10 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,
barbering, manicuring, esthetics, or master 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. 11 RCW 18.16.260 and 2004 c 51 s 5 are each amended to read
as follows:
(1)(a) Prior to July 1, 2005, (i) a cosmetology licensee who held
a license in good standing between June 30, 1999, and June 30, 2003,
may request a renewal of the license or an additional license in
barbering, manicuring, and/or esthetics; and (ii) a licensee who held
a barber, manicurist, or esthetics license between June 30, 1999, and
June 30, 2003, may request a renewal of such licenses held during that
period.
(b) A license renewal fee, including, if applicable, a renewal fee,
at the current rate, for each year the licensee did not hold a license
in good standing between July 1, 2001, and the date of the renewal
request, must be paid prior to issuance of each type of license
requested. After June 30, 2005, any cosmetology licensee wishing to
renew an expired license or obtain additional licenses must meet the
applicable renewal, training, and examination requirements of this
chapter.
(2)(a) Any person holding an active license in good standing as an
esthetician prior to January 1, 2015, may be licensed as an esthetician
licensee after paying the appropriate license fee.
(b) Prior to January 1, 2015, an applicant for a master esthetician
license must have an active license in good standing as an esthetician,
pay the appropriate license fee, and provide the department with proof
of having satisfied one or more of the following requirements:
(i)(A)(I) A minimum of thirty-five hours employment as a provider
of medium depth peels under the delegation or supervision of a licensed
physician, advanced registered nurse practitioner, or physician
assistant, or other licensed professional whose licensure permits such
delegation or supervision; or
(II) Seven hours of training in theory and application of medium
depth peels; and
(B)(I) A minimum of one hundred fifty hours employment as a laser
operator under the delegation or supervision of a licensed physician,
advanced registered nurse practitioner, or physician assistant, or
other licensed professional whose licensure permits such delegation or
supervision; or
(II) Seventy-five hours of laser training;
(ii) A national or international diploma or certification in
esthetics that is recognized by the department by rule;
(iii) An instructor in esthetics who has been licensed as an
instructor in esthetics by the department for a minimum of three years;
or
(iv) Completion of one thousand two hundred hours of an esthetic
curriculum approved by the department.
(3) The director may, as provided in RCW 43.24.140, modify the
duration of any additional license granted under this section to make
all licenses issued to a person expire on the same date.
Sec. 12 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,
barber, manicurist, esthetician and master 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.