Relating to the practice of barbering and cosmetology arts and sciences, including establishment training programs, schools of barbering and cosmetology arts and sciences, and course of study

This bill relates to the practice of barbering and cosmetology arts and sciences. The bill requires the board of barbering and cosmetology arts and sciences (board) to create an establishment training program (program). The bill allows an establishment to participate in the program by registering with the board. The bill allows an establishment participating in the program to employ unlicensed persons to perform certain cosmetology arts and sciences under the supervision, defined in the bill, of a licensee who regularly provides those services. The bill requires an unlicensed person participating in the program to first receive education regarding barbering and cosmetology laws and rules and sanitation. The owner of an establishment participating in the program is responsible for ensuring the education, training, skills, and competence of persons who provide services in the owner’s establishment. The bill requires an establishment participating in the program to comply with all facility and minimum equipment requirements, safety and infection control provisions, inspection requirements, management requirements, and establishment licensing renewal requirements. The bill requires the department of inspections, appeals, and licensing to inspect an establishment participating in the program as often as it deems necessary to ensure compliance with these requirements. The bill also requires an establishment participating in the program to inform a consumer receiving services from an unlicensed person in writing prior to the provision of services. The bill allows a person who has completed 2,000 hours of supervised practice under an establishment training program to apply to take the examination for a license to practice the appropriate practice of the barbering and cosmetology arts and sciences. The bill allows a party prevailing in an action based on an injury alleged to have occurred in an establishment participating in the program to recover reasonable attorney’s fees and receive other equitable relief as determined by the court. The bill allows the board to order an establishment to immediately cease participation in the program if it has probable cause to believe that human health is endangered. The bill requires the board to formally investigate an establishment subject to discipline under the bill and allows the board to reinstate or revoke the establishment’s participation in the program, and to suspend, revoke, or reinstate the establishment’s license. The bill allows an instructor employed by a school of barbering and cosmetology arts and sciences to perform barbering and cosmetology arts and sciences services at the school for compensation while not instructing services. The bill also allows the board to approve a course of study allowing a student to simultaneously study for licenses to practice both esthetics and nail technology. The bill prohibits the board from approving a program of study that includes a course of study with substantially lower requirements than the requirements imposed by the Code or the board for a similar license. The bill also prohibits the board from approving a program of study that is substantially duplicative of an approved program currently operating in this state.