Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-10-084.

     Title of Rule and Other Identifying Information: Chapter 308-20 WAC, Cosmetologists, barbers, manicurists, and estheticians, amending WAC 308-20-010 Definitions and 308-20-101 Apprentice credit for training in an approved apprentice salon/shop.

     Hearing Location(s): Department of Licensing, Business and Professions Division, Building 2, Conference Room 209, 405 Black Lake Boulevard, Olympia, WA 98502, on August 1, 2005, at 10:00 a.m.

     Date of Intended Adoption: August 2, 2005.

     Submit Written Comments to: Sandra Gonzales, Cosmetology Program, P.O. Box 9026, Olympia, WA 98507, e-mail sgonzales@dol.wa.gov, fax (360) 570-4957, by July 29, 2005.

     Assistance for Persons with Disabilities: Contact Sandra Gonzales by July 29, 2005, TTY (360) 664-6649 or (360) 664-8885.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed rules is to allow an apprentice to receive in classroom theory hours of instruction from a licensed instructor at a location other than a licensed school.

     Reasons Supporting Proposal: In 2004, legislation passed that implemented an apprenticeship training program for the professions of cosmetology, manicuring, esthetics and barbering.

     One of the requirements of that legislation was that the Department of Licensing to adopt rules, including a mandatory requirement that apprentices complete in classroom theory courses as part of their training. In line with that the department did adopt WAC 308-20-101(3) that stated theory hours must be taught in a licensed school by a licensed instructor.

     However, it has come to our attention that the apprenticeship salons are having a difficult time finding licensed cosmetology schools that are interested in providing theory hours to the apprentices. In order to accommodate the need for theory training hours the department would like to change the existing rule to state that theory hours for apprentices must be taught by a licensed instructor. This will allow a licensed instructor to teach the required theory hours at a location other than a licensed school.

     Statutory Authority for Adoption: RCW 18.16.030, 18.16.280, 43.24.023.

     Statute Being Implemented: RCW 18.16.030 and 18.16.280.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of Licensing, governmental.

     Name of Agency Personnel Responsible for Drafting: Trudie Touchette, 405 Black Lake Boulevard, Olympia, WA 98502, (360) 664-6626; Implementation: Rose McGrew, 405 Black Lake Boulevard, Olympia, WA 98502, (360) 664-6626; and Enforcement: Susan Colard, 405 Black Lake Boulevard, Olympia, WA 98502, (360) 664-6626.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. Washington State Department of Licensing is not a named agency, therefore, exempt from this provision.

June 20, 2005

Trudie Touchette

Administrator

OTS-8147.1

AMENDATORY SECTION(Amending WSR 04-05-005, filed 2/6/04, effective 3/8/04)

WAC 308-20-010   Definitions.   (1) "Chemical compounds formulated for professional use only" are those compounds containing hazardous chemicals in a form not generally sold to the public; including but not limited to, bulk concentrates of permanent wave solution, neutralizers, chemical relaxers, oxidizing agents, flammable substances, facial creams, or approved chemical compounds. These compounds must be designated for use on the hair, face, neck, skin, or scalp.

     (2) "Monthly student report" are forms provided by the school, approved by the department, preprinted with the school name. The report must include the daily activities of the student in each subject, (i.e., number of shampoos, haircuts, perms, colors, etc.) within each course (i.e., barbering, manicuring, cosmetology, esthetics, or instructor-trainee).

     (3) "Completed and graduated" is the completion of the school curriculum and the state approved minimum hourly course of training.

     (4) "Apprentice salon/shop" is a location certified by the advisory committee that provides training for individuals accepted into the apprenticeship program. Apprentice salon/shops shall not receive payment from the apprentice for training.

     (5) "Apprentice trainer" is a person that is currently licensed and in good standing. This person provides training in a licensed shop approved for the apprenticeship program, who must have received Journey Level training and have held a license in the curriculum for which he or she is providing training for a minimum of three years.

     (6) "Completion of the apprenticeship program" is the completion of the apprentice salon/shop curriculum that includes the state approved hourly course of training as described in WAC 308-20-080 ((and the in-classroom theory training from a school licensed with the department of licensing)).

     (7) "Monthly apprentice report" forms provided by the apprentice shop, approved by the department, printed with the shop name, for use in recording apprentice training hours and activities.

[Statutory Authority: RCW 18.16.030, 18.16.280, 43.24.023. 04-05-005, § 308-20-010, filed 2/6/04, effective 3/8/04. Statutory Authority: RCW 18.16.030 and 43.24.023. 03-14-046, § 308-20-010, filed 6/24/03, effective 7/25/03. Statutory Authority: RCW 18.16.030(2). 02-04-012, § 308-20-010, filed 1/24/02, effective 6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. 92-04-006, § 308-20-010, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030. 91-11-042, § 308-20-010, filed 5/10/91, effective 6/10/91; 88-19-047 (Order PM 772), § 308-20-010, filed 9/14/88. Statutory Authority: 1984 c 208. 84-19-020 (Order PL 480), § 308-20-010, filed 9/12/84. Formerly chapters 308-16 and 308-24 WAC.]

     (2) ((Only the hours of instruction an apprentice is given under the direction of a trainer as defined in WAC 308-20-010 and in the standards developed by the apprenticeship program shall be credited toward completion of the apprenticeship training.

     (3) Theory hours must be taught in a licensed school by a licensed instructor.)) Only those hours of theory instruction given under the direction of an instructor licensed under chapter 18.16 RCW shall be credited towards completion of the apprentice curriculum requirements for theory hours. Cosmetologist, barber, manicurist and esthetician theory hours must be taught in a classroom setting under the direct supervision of an instructor licensed in the curriculum for which he or she is providing theory instruction.

     (3) With the exception of theory hours, only those hours of instruction an apprentice is given under the direction of an apprentice trainer as defined in WAC 308-20-010 and in the standards developed by the apprenticeship program shall be credited toward completion of the apprenticeship training.

     (4) When all of the apprenticeship program requirements have been met by the apprentice and within thirty days of an apprentice's completed training, the committee shall provide to the apprentice a copy of the apprentice's final report.

     (5) An apprentice may transfer between shops only when the committee approves the transfer.

     (6) Apprentice trainers and instructors must be physically present where apprentices are training.

[Statutory Authority: RCW 18.16.030, 18.16.280, 43.24.023. 04-05-005, § 308-20-101, filed 2/6/04, effective 3/8/04.]

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