State Update - July 31

State Update - July 31

State Update

THIS WEEK IN THE STATES

The last week of July finds only six state legislatures actively meeting – including Nebraska’s unicameral legislature which is meeting in special session to address property taxes.


In addition to detailing recent state legislative and regulatory activity, this week’s report continues our review of 2024 bill enactments.

THIS WEEK'S HEADLINES

  • Virginia Provides Hour Reduction and Online Instruction Guidance to Schools
  • Illinois and Pennsylvania Enact Bills Revising Instructor Licensure Requirements  

STATE LEGISLATIVE & REGULATORY UPDATES

Illinois

Governor J.B. Pritzker (D) recently signed HB 4570 into law. The Act – effective January 1, 2025 – specifies that that a licensed cosmetology teacher who submits barber teacher licensure application must meet all requirements as a barber teacher, except that an applicant who has at least 3 years of experience as a licensed cosmetology teacher would be given credit for hours of instruction completed in subjects that are common to both barbering and cosmetology in the supplemental barbering course. Similar provisions would also apply to licensed barber, esthetician, and nail technician teachers submitting a cosmetology teacher licensure application.


Michigan

Governor Gretchen Whitmer (D) signed HB 4647 into law last week. The Act allows the Department of Licensing and Regulatory Affairs (LARA) to inspect barbershops and barber colleges regularly, instead of once a year for barbershops and twice a year for barber colleges.


Minnesota

The Board of Cosmetologist Examiners posted final rules relating to eyelash technician licensure. The rulemaking reduced the required course of instruction for eyelash technicians from 38 to 14 hours.  


Pennsylvania

Governor Josh Shapiro (D) signed HB 327 into law on July 17, 2024. The Act, effective in mid-September, will allow licensed barbers – in addition to manager-barbers – to become a barbering teacher, lower the minimum age to take the barber- teacher’s license examination from 23 to 18, and reduce the minimum teacher’s training hours from 1,250 hours to 500 hours.


South Carolina

The Board of Cosmetology is proposing esthetics regulation revisions. According to the regulatory filing, “the proposed regulations are both reasonable and necessary to modernize the practice of esthetics in light of advances made in the industry since these regulations were first enacted. These regulations would parallel existing law used by the Board of Medical Examiners to distinguish the practice of esthetics from the practice of medicine. They would clarify the types of medical devices that are limited to use by medical professionals and would ensure that as new devices emerge, a standard exists in regulation by which their use may be evaluated and sanctioned if not limited to use by medical professionals. The regulations also relax requirements for laundering protective coverings when unnecessary, clarify that roll-on wax is allowed but for single use only, and provide that UV sterilizers or light boxes are permitted for storage of disinfected implements."


Interested parties may submit written comments to Tracy Adams, Board Executive, Board of Cosmetology, South Carolina Department of Labor, Licensing and Regulation, Post Office Box 11329, Columbia, South Carolina 29211-1289, no later than 5:00 P.M., on August 26, 2024. 


Virginia

In accordance with final regulations to reduce the cosmetology course of instruction from a minimum of 1,500 hours to a minimum of 1,000 hours, the Board for Barbers and Cosmetology recently approved a guidance document “for cosmetology schools to follow for student training and meeting the new requirements. Board-approved cosmetology schools may continue to enroll new students in the 1,500-hour program until August 31, 2024. Schools are permitted to continue training students in the 1,500-hour program until August 31, 2026, or until the program is completed, whichever date is the earliest. Schools may begin teaching their new board-approved 1,000-hour program no earlier than September 1, 2024.”


The Board for Barbers and Cosmetology will be accepting public comments on the guidance document until August 28, 2028.


The Board also approved a guidance document regarding straight razor shaving by licensed cosmetologists and an amended guidance document regarding non-traditional or online instruction at schools licensed by the Board. The straight razor shaving guidance states that “licensed cosmetology schools may employ licensed and certified barber or master barber instructors to provide training on straight razor shaving on face and neck in a cosmetology school.”


The amended online instruction guidance states:


  • The theory portions of the curriculum for all professions regulated by the Board may be offered online. Practical instruction must be obtained in a traditional brick and mortar classroom setting.
  • School should utilize technologies and practices that are effective in verifying the identity of distance-learning students who participate in class or coursework (such as a secure login and pass code) while protecting student privacy. 
  • There is a measure of competency (examination) of the information the student is taught online which shall be completed in a traditional brick and mortar classroom. 
  • Board staff may approve new or revised curriculum that contains the theory and practical training components identified on the attachment (pages 4 to 16 of the PDF).


Curriculum that does not conform to these components should be reviewed by the Board, unless the school is SCHEV certified or accredited by an accrediting agency approved by the U.S. Department of Education.


Comments on the straight razor compliance document can be submitted here and comments on the revised online instructional guidance can be submitted here until August 28, 2024.  

2024 STATE BILL ENACTMENTS: MICHIGAN THROUGH WASHINGTON

This week’s report features 2024 state bill enactments from Michigan through Washington State.



Michigan SB 702 - Increases the number of hours required for licensure as a cosmetology instructor (from 500 to 600), manicurist (from 400 to 600), and esthetician (from 400 to 750).


Michigan HB 4647 – See above.


Minnesota SF 5289 – The omnibus Jobs, Economic Development, supplemental appropriations bill includes provisions requiring prospective cosmetologists, hair technicians, managers, and instructors to: (1) successfully complete training on the properties of the hair and all hair types and textures, including coil, curl, or wave patterns, hair strand thicknesses, and volumes of hair; and (2) have experience providing services to individuals with hair of all types and textures, including coil, curl, or wave patterns, hair strand thicknesses, and volumes of hair.


Mississippi HB 313 – The Act merges the state’s barbering and cosmetology boards, and establishes cosmetology, esthetician, and nail technology apprenticeships that are double the course of instruction at a school. These apprenticeships “shall be monitored or mentored” by an appropriately licensed instructor, and “only one (1) apprentice may be mentored by any person at the same time.” Other provisions of the Act amend Mississippi Code Ann. § 73-7-16 – Licensing of Schools to require school applicants to obtain a $50,000 surety bond and provide certain notifications in advance of a closure. 


Mississippi HB 1795 – Provides a $1.45 million FY2025 appropriation to the State Board of Barbering and Cosmetology.


North Carolina SB 607 - the Act contains language to exempt persons expressly confined to the shampooing and blow drying of hair from barbering and cosmetology licensure. The multi-occupational licensure reform Act also increases the course of instruction for massage therapy from 500 to 650 hours.


Nebraska LB 16 – Provides for universal licensure recognition for applicants holding a similar credential for at least one year. It also allows judicially involved individuals to submit a “preliminary application” to determine licensure eligibility.  


Nebraska LB 78 – Defines massage therapy as a health service.


New Jersey A4587 – Increases the hours required to obtain licensure as a teacher in cosmetology-hairstyling or as a massage and bodywork therapist. According to the measure’s official statement, “current regulation for cosmetology-hairstyling and current law for massage and bodywork therapy requires 500 hours. This bill increases each requirement to 600 hours. The increase allows individuals seeking the respective license to qualify for certain federal aid.”


New Jersey A2581 – Allows cosmetology and hairstyling courses with theory-related subject matter to be taught using distance learning technology.


New Jersey A1507 – Permits chair and booth rentals.


Oklahoma HB 2998 – Creates the Laser Hair Removal Act. The measure establishes regulations for laser hair removal, including physician oversight of facilities and the use of FDA-approved devices. The Act stipulates 40-hours of instruction for laser practitioners and physician involvement in complication management.


Oklahoma HB 2141 – The Act contains provisions to lower the course of instruction for barbering and cosmetology to 1,000 hours for nonchemical-use licensure or 1,250 hours of chemical-use. To this end, the Board of Barbering and Cosmetology has been tasked with adopting new curriculums on or before July 1, 2025.


The measure also establishes a 600-hour requirement for all instructor licenses, which is a 400-hour decrease for barbering and cosmetology instructors and a 300-hour increase for specialty instructors. Additional provisions:


  • deregulate shampooing and hair braiding, and provide for a blow-drying styling certificate that could be obtained from the State Board of Barbering and Cosmetology after receiving 12 hours of instruction in safety, sanitation, and the use of mechanical devices.
  • establish a 120-hour eyelash extension specialist license and provide for eyelash extension instructors;
  • eliminate the cosmetician license which includes hair arranging and the application of makeup;
  • allow barbering and cosmetology apprentices to receive compensation;
  • reduce barbering and cosmetology apprenticeship training hours from 3,000 to 2,250;
  • double from one to two the number of apprentices allowed to receive training in a cosmetology or barbering establishment, and;
  • revise licensure fees.

 

Oklahoma HB 3158 – Requires the State Board of Cosmetology and Barbering to issue licenses to nonprofit schools within correctional facilities and mandates specific application procedures.


South Dakota HB 1233 – Amends apprenticeship training requirements to specify that a licensed instructor must supervise the apprentice, provides for part-time apprenticeships, and permits the transfer of hours “between an apprenticeship, program, or school if allowed by the institution.”


Tennessee SB 2732 – Enacts the Cosmetology Licensure Compact.


Tennessee HB 1859 – Prohibits a licensing authority from automatically barring an individual from licensure because of the individual's criminal record and requires the licensing authority to provide individualized consideration of the individual's criminal record and current circumstances before denying an application for a license.


Utah HB 365 – Allows telemedicine to be used for an initial consultation before the initiation of a cosmetic medical procedure. Utah licensed master estheticians are considered to be a part of “Delegation Group A,” along with physician assistants and registered nurses, for cosmetic medical procedures.  


Utah SB 112 – Creates a 100-hour eyelash extension license; reduces the training and experience requirements for the instructor licenses; clarifies the definition of "direct supervision;” allows a licensed instructor to teach the instructor's scope of practice at any licensed school, and; adds dermaplaning to the practice of master esthetics. Under the measure, cosmetologist/barber instructors are required to have 1,600 hours of experience as a practitioner (3,000 hours were previously required) and 240-hours of on-the-job training (400 hours were previously required). Similar reductions apply to barber, electrologist, esthetician, hair designer, and nail technician instructors.


Utah HB 216 – Eliminates the “minimum time period” requirements for prospective barbers, estheticians, and massage therapists. Under prior law, prospective barbers had a period of not less than 25 weeks to complete 1,000 hours of instruction and prospective estheticians had a period of not less than 15 weeks to complete 600 hours of instruction.


Utah HB 58 – This non-occupational specific Act establishes a licensure by endorsement process and broadens the Division of Professional Licensing's discretion to accept substantially similar education or experience in satisfaction of standard licensing requirements.


Virginia HB 322 – Enacts the Cosmetology Licensure Compact.


Washington HB 1889 – Allows persons to receive professional licenses and certifications regardless of immigration or citizenship status.

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