WSR 20-16-119
EMERGENCY RULES
DEPARTMENT OF LICENSING
[Filed July 31, 2020, 4:26 p.m., effective July 31, 2020, 4:26 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Due to cosmetology testing being closed from March 18, 2020, until July 27, 2020, and to account for the reduced testing capacity when testing resumes, the department of licensing will allow any cosmetology students hours that expired between March 18, 2020, and September 30, 2020, to be set to expire on September 30, 2020. This will allow students to test before their hours expire.
Citation of Rules Affected by this Order: Amending WAC 308-20-090, 308-20-091, and 308-20-101.
Statutory Authority for Adoption: RCW 18.16.030 and 43.24.023.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: This emergency change is to remove barriers for students who were unable to test due to COVID-19 exam center closures.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 3, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 3, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: July 31, 2020.
Damon Monroe
Rules Coordinator
AMENDATORY SECTION(Amending WSR 16-02-033, filed 12/29/15, effective 1/29/16)
WAC 308-20-090Student credit for training in a licensed school.
(1) A maximum of twenty students per instructor is required within a licensed school.
(2) Only those hours of instruction a student is given under the direction of a licensed instructor of the licensed school in which the student is enrolled and in the courses listed in WAC 308-20-080 and 308-20-105 or hours earned under WAC 308-20-091 shall be credited toward completion of the course of study required in RCW 18.16.100.
(3) When all of a school's requirements have been met by a student and within thirty days of a student leaving a school, the school shall provide to the student a certified copy of the student's final report and refer the student for examination(s) in a manner and format prescribed by the department.
(4) Students may transfer between the schools and apprenticeship salon/shops licensed under chapter 18.16 RCW and may receive credit toward completion of the curriculum in the new school or apprenticeship salon/shop. In order to enroll a transfer student or apprentice, the new school or apprentice salon/shop shall do the following:
(a) Confirm that the student is available for transfer through the student registration process in a manner and format prescribed by the department;
(b) Evaluate the certified final student report provided by the student or apprentice and compare the report with the new school or apprentice salon/shop curriculum requirements; and
(c) The new school or apprentice salon/shop may accept or reject the final student or apprentice report in part or in total from the previous school or salon/shop and shall prepare a monthly report that documents the amount of instructions being accepted.
(5) Both the transferring and receiving school or salon/shop shall maintain student or apprentice records including the transfer record as required in WAC 308-20-040(4).
(6) Licensed instructors must be physically present where the students are training with the exception of approved online theory training.
(7) Certified training hours expire three years after the last day of attendance. Any hours earned by a student that are more than three years old are considered by the department to be expired and will not be considered valid towards initial licensure. All certified training hours that expire between March 18, 2020, through September 30, 2020, will expire September 30, 2020.
(8) Documentation providing evidence of experience as a licensed cosmetologist, hair designer, barber, manicurist, esthetician or master esthetician credited towards instructor training shall be included in the student record as required in WAC 308-20-040(4).
AMENDATORY SECTION(Amending WSR 17-19-049, filed 9/12/17, effective 10/13/17)
WAC 308-20-091Student credit for training in a licensed salon/shop.
(1) A maximum ten percent of the total curriculum hours required may be earned by a student in a licensed salon/shop under a contract approved by the department signed by the student, the school owner, and the salon/shop manager.
(2) A copy of the signed contract shall be kept in the student file, kept on file at the salon shop and given to the student and shall be made available to the department on request.
(3) Only those hours of instruction a student is given under the direction of an operator licensed in the curriculum in which the student is enrolled in the contracted licensed salon/shop, and in the subjects agreed to in the contract shall be credited towards completion of the course of study required in RCW 18.16.100.
(4) Students will not receive any wages or commission for hours of credit earned in a salon/shop.
(5) Salon/shops shall provide weekly reports to the school and student with hours the student earned in each area of agreed training.
(6) Weekly reports provided by salon/shops verifying hours student earns in salon training must be included in student's records and recorded on student's monthly and final reports.
(7) Licensed operators must be physically present where students are training.
(8) Students in training must wear identification visible to the public that states that they are students in training.
(9) Certified training hours expire three years after the last day of attendance. Any hours earned by a student that are more than three years old are considered by the department to be expired and will not be considered valid towards initial licensure. All certified training hours that expire between March 18, 2020, through September 30, 2020, will expire September 30, 2020.
AMENDATORY SECTION(Amending WSR 17-19-049, filed 9/12/17, effective 10/13/17)
WAC 308-20-101Apprentice credit for training in an approved apprentice salon/shop.
(1) A minimum of one trainer per apprentice is required.
(2) 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, hair design, barber, manicurist, esthetician and master esthetician theory hours must be taught in a classroom setting under the 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 Washington state apprenticeship council or the Washington state department of labor and industries approves the transfer.
(6) Apprentice trainers and instructors must be physically present where apprentices are receiving practical training.
(7) Certified training hours expire three years from last date of attendance. Any hours earned by an apprentice that are more than three years old are considered by the department to be expired and will not be considered valid towards initial licensure. All certified training hours that expire between March 18, 2020, through September 30, 2020, will expire September 30, 2020.