HB 131: "An Act relating to the licensure of nail technicians and hairdressers; relating to the practice of manicuring; and providing for an effective date."
00 HOUSE BILL NO. 131 01 "An Act relating to the licensure of nail technicians and hairdressers; relating to the 02 practice of manicuring; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.13.040 is amended to read: 05 Sec. 08.13.040. Meetings and examinations. The board shall meet as often as 06 necessary to conduct its business. It shall conduct separate examinations covering the 07 following fields of practice: barbering, hairdressing, [ADVANCED] manicuring, and 08 esthetics. Examinations shall be given at least twice in every year for each of these 09 fields of practice for which applications for licensure [OR ENDORSEMENTS] are 10 pending. An applicant may take an examination in more than one field during the 11 same testing session. [THE BOARD MAY NOT REQUIRE AN APPLICANT FOR 12 LICENSURE AS A MANICURIST TO TAKE OR PASS AN EXAMINATION 13 CONDUCTED BY THE BOARD FOR THE FIELD OF MANICURING; 14 HOWEVER, NOTHING IN THIS SENTENCE PROHIBITS THE BOARD FROM
01 REQUIRING A LICENSED MANICURIST TO PASS AN EXAMINATION TO 02 OBTAIN AN OPTIONAL ENDORSEMENT AS AN ADVANCED MANICURIST 03 UNDER AS 08.13.080(c).] 04 * Sec. 2. AS 08.13.080(a) is amended to read: 05 (a) An applicant for an examination authorized under AS 08.13.040 must 06 (1) have successfully completed all courses that a school with a 07 curriculum in barbering approved by the board is required to teach in order to be 08 licensed under AS 08.13.110 if applying for a license to practice barbering; 09 (2) have successfully completed all courses that a school with a 10 curriculum in hairdressing approved by the board is required to teach to be licensed 11 under AS 08.13.110 if applying for a license to practice hairdressing; 12 (3) have successfully completed all courses that a school with a 13 curriculum in esthetics approved by the board is required to teach in order to be 14 licensed under AS 08.13.110 if applying for a license to practice esthetics; 15 (4) have successfully completed 250 hours of instruction in 16 manicuring from a school of manicuring or hairdressing licensed under 17 AS 08.13.110 if applying for a license to practice manicuring; 18 (5) have served an apprenticeship under AS 08.13.082; 19 (6) [(5)] specify the field of practice in which the applicant intends to 20 teach and have held a license to practice in the field for three years or have held a 21 license in the field for one year and have completed 600 hours of student training as an 22 instructor in the field of practice from a licensed school with a curriculum approved by 23 the board if applying for a license as an instructor [EXCEPT THAT A PERSON 24 LICENSED AS AN INSTRUCTOR IN HAIRDRESSING MAY BE AN 25 INSTRUCTOR IN MANICURING FOR COURSES THAT SATISFY THE 26 REQUIREMENT OF (b) OF THIS SECTION, AND THE BOARD MAY, BY 27 REGULATION, ESTABLISH REQUIREMENTS FOR OTHER MANICURING 28 INSTRUCTORS, INCLUDING INSTRUCTORS WHO TEACH COURSES THAT 29 SATISFY REQUIREMENTS FOR AN ADVANCED MANICURIST 30 ENDORSEMENT]; or 31 (7) [(6)] have completed [A COMBINATION OF] course work and, if
01 applicable, an apprenticeship acceptable to the board. 02 * Sec. 3. AS 08.13.082 is amended by adding a new subsection to read: 03 (e) The period of apprenticeship to qualify an applicant for a license to 04 practice manicuring shall be set by the board in regulation. The apprenticeship must be 05 served in a shop approved by the board. 06 * Sec. 4. AS 08.13.100(a) is amended to read: 07 (a) The board shall authorize the issuance of a license for the practice of 08 barbering, hairdressing, manicuring, or esthetics to each qualified applicant who has 09 passed an examination under AS 08.13.090 and meets other applicable 10 requirements under this chapter. [THE BOARD SHALL AUTHORIZE THE 11 ISSUANCE OF A LICENSE TO PRACTICE MANICURING TO EACH 12 APPLICANT WHO HAS SATISFIED THE REQUIREMENTS OF AS 08.13.080(b). 13 THE BOARD SHALL AUTHORIZE THE ISSUANCE OF AN ENDORSEMENT 14 TO A LICENSE TO PRACTICE MANICURING OR HAIRDRESSING 15 INDICATING THAT THE PERSON IS AN ADVANCED MANICURIST TO 16 EACH APPLICANT WHO HAS SATISFIED THE REQUIREMENTS OF 17 AS 08.13.080(c).] The board shall authorize the issuance of a license for the practice 18 of tattooing and permanent cosmetic coloring or for body piercing to each applicant 19 who has satisfied the requirements of AS 08.13.080(d). 20 * Sec. 5. AS 08.13.100(d) is amended to read: 21 (d) A person who holds a current valid license from a board of barbering, 22 hairdressing, manicuring, or esthetics in another state or who is licensed by another 23 state to practice tattooing and permanent cosmetic coloring or to practice body 24 piercing is entitled to a license [OR ENDORSEMENT] under this chapter without 25 examination or a new period of training in this state. An application must include 26 (1) proof of a valid license issued by another licensing jurisdiction; and 27 (2) proof of completed training, testing, and working experience that 28 the board finds to meet the minimum requirements of this state. 29 * Sec. 6. AS 08.13.160(d) is amended to read: 30 (d) The licensing and permit provisions of this chapter do not apply to 31 (1) a person practicing barbering, hairdressing, manicuring, or
01 esthetics in a community having a population of less than 1,000 people that is not 02 within 25 miles of a community of more than 1,000 people and who uses only 03 chemicals available to the general public; 04 (2) [THE PRACTICE OF MANICURING BY A STUDENT AS 05 PART OF INSTRUCTION IN A 12-HOUR COURSE APPROVED UNDER 06 AS 08.13.110(b); 07 (3) A SHAMPOO PERSON; 08 (4)] a licensed health care professional; 09 (3) [(5)] a person licensed by another licensing jurisdiction in a field of 10 practice licensed by this chapter while demonstrating techniques or products to 11 persons holding licenses or permits under this chapter; 12 (4) [(6)] a person practicing tattooing and permanent cosmetic coloring 13 or body piercing solely on the person's own body. 14 * Sec. 7. AS 08.13.160(f) is amended to read: 15 (f) A person licensed under this chapter to practice hairdressing is considered 16 to be licensed to practice [MANICURING AND] limited esthetics under the same 17 license. 18 * Sec. 8. AS 08.13.175 is amended to read: 19 Sec. 08.13.175. Temporary license. A person who meets the requirements of 20 AS 08.13.080(a)(1), (2), (3), (4), (5) or (7) [(6)] is entitled to be temporarily licensed 21 after applying for examination under this chapter if the applicant works under the 22 direct supervision, and within the physical presence, of a person who is licensed in the 23 area of practice for which the applicant has applied for examination. A temporary 24 license issued under this section is valid for 120 days and is nonrenewable. A person 25 may not receive more than one temporary license for each area of practice licensed 26 under this chapter. An application for a temporary license must be signed by the 27 supervising licensee and accompanied by the temporary license fee required under 28 AS 08.13.185. 29 * Sec. 9. AS 08.13.180 is amended to read: 30 Sec. 08.13.180. Student permits. A person attending a licensed school of 31 barbering, hairdressing, manicuring, or esthetics and a person apprenticed to a
01 licensed instructor in a shop approved by the board or receiving training from a 02 practitioner of tattooing and permanent cosmetic coloring or body piercing shall obtain 03 a student permit. A student permit to practice barbering or hairdressing is valid for two 04 years. A student permit to practice esthetics, tattooing and permanent cosmetic 05 coloring, or body piercing is valid for one year. A student permit may not be renewed, 06 but, upon application, the board may issue a new permit to the same person or extend 07 an expired permit to the date of the next scheduled examination. Credit earned under 08 an expired student permit may be transferred to a new permit as determined by the 09 board. 10 * Sec. 10. AS 08.13 is amended by adding a new section to read: 11 Sec. 08.13.183. Use of title; unlicensed use prohibited. (a) A person licensed 12 to practice manicuring in the state may use the title "licensed nail technician." 13 (b) A person who uses the title "licensed nail technician" who is not licensed 14 to practice manicuring under this chapter is guilty of a violation. 15 * Sec. 11. AS 08.13.185(a) is amended to read: 16 (a) The Department of Commerce, Community, and Economic Development 17 shall set fees under AS 08.01.065 for initial licenses [, ENDORSEMENTS,] and 18 renewals for the following: 19 (1) schools; 20 (2) school owners; 21 (3) instructor; 22 (4) shop owner; 23 (5) practitioner of barbering; 24 (6) practitioner of hairdressing; 25 (7) practitioner of manicuring; 26 (8) practitioner of esthetics; 27 (9) [ENDORSEMENT FOR ADVANCED MANICURIST; 28 (10)] practitioner of tattooing and permanent cosmetic coloring; 29 (10) [(11)] practitioner of body piercing; 30 (11) [(12)] temporary shop license; 31 (12) [(13)] temporary permit;
01 (13) [(14)] temporary license; 02 (14) [(15)] student permit. 03 * Sec. 12. AS 08.13.080(b), 08.13.080(c), 08.13.110(b), and 08.13.110(c) are repealed. 04 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 TRANSITIONAL PROVISION: EFFECT ON CURRENT LICENSEES AND 07 ENDORSEMENT HOLDERS. (a) On and after January 1, 2016, a person who holds a valid 08 license to practice manicuring on January 1, 2016, may continue to engage in the practice of 09 manicuring under the license until the license expires normally under AS 08.13, as AS 08.13 10 existed before January 1, 2016, but shall otherwise comply with AS 08.13, as amended by this 11 Act. 12 (b) On and after January 1, 2016, a person who holds a valid endorsement to practice 13 advanced manicuring on January 1, 2016, is eligible to receive a manicuring license. A license 14 issued under this subsection expires when the endorsement to practice advanced manicuring 15 expires normally under AS 08.13, as AS 08.13 existed before January 1, 2016. 16 (c) On and after January 1, 2016, the holder of a valid license for a school of 17 manicuring may continue to operate a school of manicuring under the license until the license 18 expires normally under AS 08.13, as AS 08.13 existed before January 1, 2016, if the license 19 holder 20 (1) otherwise complies with AS 08.13, as amended by this Act; and 21 (2) during that period, and until the board adopts regulations under 22 AS 08.13.110, as amended by this Act, provides a curriculum that meets the requirements of 23 regulations for qualifying students for advanced manicuring endorsement that were adopted 24 by the board under AS 08.13.110(c), as AS 08.13.110(c) existed before January 1, 2016. 25 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 TRANSITIONAL PROVISION: REGULATIONS. The Department of Commerce, 28 Community, and Economic Development may adopt regulations necessary to implement this 29 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 30 before the effective date of secs. 1 - 12 of this Act. 31 * Sec. 15. Section 14 of this Act takes effect immediately under AS 01.10.070(c).