Legislature(2017 - 2018)BARNES 124
03/19/2018 03:15 PM LABOR & COMMERCE
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SB 4-NON-CHEMICAL BARBERING;HAIR BRAIDING 3:27:14 PM CHAIR KITO announced that the next order of business would be SENATE BILL NO. 4, "An Act relating to the Board of Barbers and Hairdressers; and relating to a limited license to practice non- chemical barbering." 3:27:34 PM SENATOR PETER MICCICHE, Alaska State Legislature, presented SB 4 as prime sponsor. He paraphrased from the sponsor statement [included in committee packet], which reads as follows [original punctuation provided]: During this time of recession in Alaska's economy, we are evaluating the balance between quality training programs and situations where government has hindered commerce and the ability for Alaskans to earn a living. Revisions to the barbers' and hairdressers' statutes provide several opportunities to correct these imbalances. Under Title 8 licensed professionals regulated by the Board of Barbers and Hairdressers (Board) must work in a licensed shop. These students or practitioners are required by statute to conspicuously display their licenses; however, the shop owner is not. This inequity has led to employees being fined because, unbeknownst to them, the shop owner's license had lapsed. SB4 requires the shop owner to conspicuously display the shop license, as well as the licenses of employees, renters and students. By statute, an individual must obtain a shop certification from the Department of Environmental Conservation (DEC) before they receive a license from the Board of Barbers and Hairdressers. The DEC is no longer providing certifications due to budget reductions. SB4 will allow a DEC standard self- certification process regulated through the Board. Additionally, SB4 creates two new license types. First is a non-chemical barber's license. Currently, all barbers are held to nearly the same standard as hairdressers and are required to have practical training in chemical waving, chemical straightening, bleaching, and coloring. They must complete a total of 1,650 training hours, which is equivalent to hairdressers. SB4 will open the door to more Alaskans interested in joining the industry by balancing training requirements and reducing the burden. In essence, the bill provides more economic opportunity and less government-induced burden for hard working Alaskans. The higher-level barber's license will remain available to those who wish to perform chemical procedures. Finally, SB4 will create a specific license for braiding. Braiders are also currently being held to the same standard as hairdressers, including the same 1,650 hours or more of practical training in addition to a written exam SB4 proposes 35 hours of training. This bill will welcome more workers into the industry, creating jobs and a stronger economy by balancing training requirements to the specific demands and required skills of the trade. 3:34:05 PM REPRESENTATIVE WOOL moved to adopt CS for SB 4 Version N as the working document. CHAIR KITO objected for the purpose of discussion. 3:34:19 PM CAITLYN ELLIS, Staff, Representative Sam Kito, Alaska State Legislature, presented the changes in the CS to SB 4 [included in committee packet]. She pointed out that the document reads "SB173," but in fact contains information on SB 4. She paraphrased the explanation of changes, Version U.A. to N, which reads as follows [original punctuation provided]: A large majority of the proposed changes make minor grammatical changes throughout the bill which separate the practices of tattooing and cosmetic coloring thereby creating two license types. Page 2, lines 3, 12-22, 26; Page 3, lines 2-3, 21; Page 4, lines 2, 6, 17; Page 5, lines 17-18, 22-24; Page 6, line 21; Page 7, lines 11, 22-23, 28-29; Page 8 lines 11-12, 21-31; Page 9, lines 1, 29; Page 10, lines 26, 28; Page 11, line 26; Page 12, lines 4, 7-8, 14-15, 19-20, 29; Page 13, lines 2, 8, 12-13, 16; Page 14 line 28; Page 15, lines 3-4, 9-11. The following proposed changes are suggestions provided by the Department of Commerce, Community and Economic Development to clean up existing language. Page 6, line 5: Insert "or school" after an individual. This amendment allows an individual to complete instruction requirements at licensed school. Page 6, lines 13-14: Inserts "The board may set by regulation a period of apprenticeship of less than 2,000 hours for an applicant for a license to practice non-chemical barbering." This change requires that apprenticeship hours for a non-chemical barbering license be less than a hairdressing license. Page 7, lines 21-22: Inserts "non-chemical barbering" in this section as it pertains to licensure and there would now be two distinctive license types under the practice of barbering. Page 9, lines 23-24: Inserts "does not use chemicals or", clarifies that those practicing without use of chemicals are also exceptions under this section. Page 10, line 4: Insert "manicuring", allows manicurists to practice under the exemptions in AS 08.12.160(e) under certain conditions, i.e. providing services to diabetic patients in a nursing home or hospital. Page 11, lines 22-23: Adds new subsections (17) and (18) which allows the department to set fees for these license types. Page 13, lines 11-12: Inserts "non-chemical barbering" to the definition of practitioner. Page 13, lines 19-25: Page 13, lines 19-25: Amends the definition of tattooing to read, "Tattooing" means the process by which the skin is marked or colored to form indelible marks, figures, or decorative designs for nonmedical purposes by inserting or ingraining an indelible pigment into or onto the skin, microblading, or microneedling. [Definition previously read, "tattooing and permanent cosmetic coloring" means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into the dermal layer of the skin so as to form indelible marks, figures, or decorative designs for nonmedical purposes.] Page 13, line 31; Page 14, lines 1-5: Inserts new definitions for "non-chemical barbering" and "permanent cosmetic coloring". 3:37:28 PM REPRESENTATIVE WOOL asked whether having regulatory authority would enable the board to make decisions rather than the legislature. 3:38:05 PM SARAH CHAMBERS, Deputy Director, Division of Corporations, Businesses, and Professional Licensing, Department of Commerce, Community & Economic Development (DCCED), answered questions in the hearing on SB 4. She answered that licensing boards have varying degrees of governance authority and the Board has a lot of detail in statute. She added that boards with very prescriptive statutes have to come back to the legislature when practices change. She stated that there is a lot of legislative involvement in this and other boards when changes are needed. REPRESENTATIVE WOOL commented it seems some decisions would be better made at the board level. REPRESENTATIVE SULLIVAN-LEONARD asked about the need to regulate braiding. 3:40:28 PM KEVIN MCKINLEY, Chair, Board of Barbers and Hairdressers, answered questions in the hearing on SB 4. He said 35 hours [of training] is what hairdressers are asking for. He said most of that training is on health and safety. REPRESENTATIVE SULLIVAN-LEONARD asked how many states regulate hair braiding MR. MCKINLEY answered there are 39 states regulate hair braiding and require anywhere from zero to 2,100 hours of training. He opined that 35 hours is in the threshold of not inhibiting anyone from entering the field and maintaining health and safety for the public. REPRESENTATIVE SULLIVAN-LEONARD said it looks like 35 hours is the right amount of time. 3:42:45 PM CHAIR KITO removed his objection to adopting the CS. 3:43:00 PM MR. MCKINLEY said the Board has put a lot of work into making sure the bill works for the public. He said separating the two licenses into tattooing and permanent cosmetic coloring helps to put the microblading industry in with permanent cosmetic coloring. He stated he thinks grandfathering in operating is important. He said there had been a lot of input from the public. 3:46:28 PM REPRESENTATIVE WOOL asked for confirmation that currently there is no license for braiding, so someone can open a shop and braid without a license. MR. MCKINLEY stated that would be practicing without a license. He said the board had addressed the issue and decided it would help to have more regulatory power. He underlined there is unnecessary cost to putting the provision into statute. REPRESENTATIVE KNOPP spoke to grandfathering. He asked whether the board would implement continuing education for all members. MR. MCKINLEY stated he was referring to separating the tattoo and permanent cosmetic coloring and grandfathering those who held licenses. REPRESENTATIVE KNOPP asked whether is a component that would ensure applicants are trained before they can be licensed. MR. MCKINLEY answered that those seeking licensure would be trained to receive the license. 3:51:29 PM SENATOR MICCICHE clarified that the aim of the bill is to eliminate excessive training requirements. He said 35 hours seems like a more reasonable amount of training. He said he appreciates the changes in the CS. 3:53:00 PM CHAIR KITO opened public testimony on SB 4. 3:53:08 PM JEREMY PRICE, Americans for Prosperity, testified in support of SB 4. He said the trend across the country is to lower the barriers for opening small businesses. He opined that the more fees are raised, the harder it is for people to become licensed. He suggested those hardest hit are immigrants and low-income citizens. 3:55:15 PM DR. GLORIA BAMBERG-MERRITT, Licensed Instructor; Owner, Plethora of Designs, testified in support of SB 4. She stated her support of 35 hours of training for braid technicians to include braiding, sanitation, and sterilization. She added there has been an increase of people braiding in their homes without a license. She stated the proposed bill would allow these people to "come out of the shadows and increase the workers in the community. She said it would help low income people working from their homes. REPRESENTATIVE BIRCH asked whether 35 hours are sufficient training. MS. BAMBERG-MERRITT answered that she thinks 35 hours are sufficient. She said she thinks the additional hours of training involve adding hair to existing hair. REPRESENTATIVE BIRCH asked whether the training hours regard a safety issue. MS. BAMBERG-MERRITT answered braiding is not harmful to the hair. She added using the correct moisturizers is part of what is covered in the 35 hours. 4:00:36 PM WILLIE MAE CANADY testified in support of SB 4. She indicated she is a member of the Board of Barbers and Hairdressers and specified she is speaking on her own behalf. Ms. Canady shared that her community is excited for the bill as many were not aware that a license was required for braiding. REPRESENTATIVE WOOL asked about the new requirements are for non-chemical barbering. 4:03:54 PM RACHEL HANKE, Staff, Senator Peter Micciche, Alaska State Legislature, answered the requirement is not addressed in the proposed bill. SENATOR MICCICHE explained the hours required for licensing are left to the board to establish. He said there is a long history of hours associated with various license types. REPRESENTATIVE WOOL asked whether a lapsed license in a shop means no one there can work, even with an individual license. SENATOR MICCICHE answered that today they would not be able to practice without displaying a license. 4:06:13 PM CHAIR KITO held over SB 4.