Bill Text: AZ HB2439 | 2014 | Fifty-first Legislature 2nd Regular | Chaptered
Bill Title: Cosmetology; regulation
Spectrum: Moderate Partisan Bill (Republican 8-1)
Status: (Passed) 2014-04-25 - Chapter 238 [HB2439 Detail]
Download: Arizona-2014-HB2439-Chaptered.html
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Conference Engrossed |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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CHAPTER 238
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HOUSE BILL 2439 |
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AN ACT
amending sections 32‑510, 32‑511, 32‑512, 32‑515, 32‑516, 32‑531 and 32-532, Arizona Revised Statutes; amending title 32, chapter 5, article 5, Arizona Revised Statutes, by adding section 32-565; relating to cosmetology.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-510, Arizona Revised Statutes, is amended to read:
32-510. Aestheticians; applications; qualifications
A person is entitled to receive an aesthetician's license if the person:
1. Submits to the board an application for an aesthetician's license on a form supplied by the board.
2. Completes and receives appropriate credits for at least two years of high school education or its equivalent as prescribed by the board in its rules or and submits to the board satisfactory evidence that the person is at least twenty‑three sixteen years of age.
3. Submits to the board satisfactory evidence of either of the following:
(a) That the person is a graduate of an aesthetician school in another state or country that has substantially the same requirements as this state for schools licensed pursuant to this chapter.
(b) That the person is a graduate of an aesthetician course consisting of at least six hundred hours of training in a school licensed pursuant to this chapter.
4. Passes the examination for an aesthetician's license.
5. Pays the prescribed fees for an aesthetician's license.
Sec. 2. Section 32-511, Arizona Revised Statutes, is amended to read:
32-511. Cosmetologist; applications; qualifications
A person is entitled to receive a cosmetologist license if the person:
1. Submits to the board an application for a cosmetologist license on a form supplied by the board.
2. Completes and receives appropriate credits for at least two years of high school education or its equivalent as prescribed by the board in its rules or and submits satisfactory evidence that the person is at least twenty‑three sixteen years of age.
3. Submits to the board satisfactory evidence of either of the following:
(a) That the person is a graduate of a cosmetology course consisting of at least sixteen hundred hours of training in a school licensed pursuant to this chapter.
(b) That the person is a graduate of a cosmetology school in another state or country that had at the time of the person's graduation substantially the same requirements as this state for schools licensed pursuant to this chapter.
4. Passes the examination for a cosmetologist license.
5. Pays the prescribed fees.
Sec. 3. Section 32-512, Arizona Revised Statutes, is amended to read:
32-512. Nail technician; applications; qualifications
A person is entitled to receive a license to practice nail technology if the person does all of the following:
1. Submits to the board an application for a nail technician license on a form supplied by the board.
2. Completes and receives appropriate credits for at least two years of high school education or its equivalent as prescribed by the board in its rules or and submits satisfactory evidence that the person is at least twenty‑three sixteen years of age.
3. Submits to the board satisfactory evidence of either of the following:
(a) That the person graduated from a nail technology school in another state or country that had at the time of the person's graduation substantially the same requirements as this state for schools licensed pursuant to this chapter.
(b) That the person completed a nail technician course consisting of at least six hundred hours of training in a school licensed pursuant to this chapter.
4. Pays the prescribed fees for a nail technician's technician license.
5. Passes the examination for a nail technician license.
Sec. 4. Section 32-515, Arizona Revised Statutes, is amended to read:
32-515. Reexaminations
A. An applicant who fails an examination for a license pursuant to this article is entitled to a reexamination.
B. If an applicant fails either part of the examination, the applicant shall only retake the part of the examination that the applicant failed.
C. If one year or more elapses between an applicant's initial examination and reexamination, the applicant shall take both the written and practical parts of the examination.
D. An applicant desiring to be reexamined shall:
1. Apply to the board, if the board is administering the examination, on forms it prescribes and furnishes and or to a national professional organization selected by the board to administer the examination.
2. Pay the prescribed examination fee.
Sec. 5. Section 32-516, Arizona Revised Statutes, is amended to read:
32-516. Aestheticians; cosmetologists; cosmetic laser and IPL device use; certification; fees; definitions
A. An aesthetician or a cosmetologist who wishes to perform cosmetic laser procedures and procedures using IPL devices must:
1. Apply for and receive a certificate from the agency.
2. Comply with the requirements of this section and agency rules.
3. Successfully complete forty hours of didactic training as required by agency rules at an agency‑certified training program. The program shall provide a provisional certificate to the applicant verifying the successful completion of the didactic training.
4. For hair removal, complete hands-on training that is supervised by a health professional who is acting within the health professional's scope of practice or by a laser technician who has a minimum of one hundred hours of hands-on experience per procedure. The health professional or laser technician must be present in the room during twenty-four hours of hands‑on use of lasers or IPL devices. The supervising health professional or laser technician shall verify that the aesthetician or cosmetologist has completed the training and supervision as prescribed by this section.
5. For other cosmetic laser and IPL device procedures, complete a minimum of an additional twenty-four hours of hands‑on training of at least ten cosmetic procedures for each type of specific procedure that is supervised by a health professional who is acting within the health professional's scope of practice or by a laser technician who has a minimum of one hundred hours of hands-on experience per procedure. The health professional or laser technician must be present in the room during twenty‑four hours of hands-on use of lasers or IPL devices. The supervising health professional or laser technician shall verify that the aesthetician or cosmetologist has completed the training and supervision as prescribed by this section.
6. Submit to the agency the provisional certificate from the training program and certification by the health professional or laser technician who directly supervised the applicant in the room during the hands-on training.
B. The agency shall issue a laser technician certificate authorizing the aesthetician or cosmetologist to use lasers and IPL devices if the applicant has completed the training for hair removal or lasers and IPL devices for other cosmetic procedures, as applicable, and shall maintain a current register of those laser technicians in good standing and whether certification is for hair removal only or other cosmetic procedures as well. The agency may establish a fee for the registration of aestheticians or cosmetologists as laser technicians and the issuance of certificates pursuant to this subsection. The agency shall deposit monies collected pursuant to this subsection in the laser safety fund established by section 32‑3234.
C. An aesthetician or a cosmetologist who has been certified as a laser technician by the agency may use a laser or IPL device:
1. For hair removal under the indirect supervision of a health professional whose scope of practice permits the supervision.
2. For cosmetic purposes other than hair removal if the aesthetician or cosmetologist is directly supervised by a health professional whose scope of practice permits the supervision and the aesthetician or cosmetologist has been certified in those procedures.
D. The board shall investigate any complaint from the public or from another board or agency regarding a licensed aesthetician or cosmetologist who performs cosmetic laser procedures or procedures using IPL devices pursuant to this section. The board shall report to the agency any complaint it receives about the training or performance of an aesthetician or a cosmetologist who is certified as a laser technician.
E. An aesthetician or a cosmetologist who has been using used laser and IPL devices before the effective date of this amendment to this section November 24, 2009 may continue to do so if the aesthetician applies for and receives or cosmetologist received a certificate pursuant to this section before October 1, 2010.
F. For the purposes of this section:
1. "Agency" means the radiation regulatory agency.
2. "Directly supervised" means a health professional who is licensed in this state and whose scope of practice allows the supervision supervises the use of a laser or IPL device for cosmetic purposes while the health professional is present at the facility where and when the device is being used.
3. "Health professional" means a person licensed pursuant to chapter 13, 14, 15, 17 or 25 of this title.
4. "Indirect supervision" means supervision by a health professional who is licensed in this state, whose scope of practice allows the supervision and who is readily accessible by telecommunication.
5. "IPL device" means an intense pulse light class II surgical device certified in accordance with the standards of the agency for cosmetic procedures.
6. "Laser" means any device that can produce or amplify electromagnetic radiation with wavelengths in the range of one hundred eighty nanometers to one millimeter primarily by the process of controlled stimulated emission and certified in accordance with the standards for the agency for cosmetic procedures.
7. "Laser technician" means a person who is or has been certified by the agency pursuant to its rules and chapter 32, article 2 of this title.
Sec. 6. Section 32-531, Arizona Revised Statutes, is amended to read:
32-531. Instructor; applications; qualifications
A person is entitled to receive a license to teach cosmetology, aesthetics or nail technology in a school if the person does all of the following:
1. Submits to the board an application for an instructor license on a form prescribed by the board.
2. Holds a diploma from a high school or its equivalent as prescribed by the board in its rules or and submits to the board satisfactory evidence that the person is at least twenty‑three sixteen years of age.
3. Is a licensed cosmetologist, aesthetician or nail technician and complies with either of the following:
(a) Has practiced for at least one year, has passed the school examination and has received the following hours of instructor training:
(i) For a cosmetologist instructor, six hundred fifty hours.
(ii) For an aesthetics instructor, five hundred hours.
(iii) For a nail technician instructor, three hundred fifty hours.
(b) Has five years of licensed industry experience within the ten years preceding the application and meets requirements as prescribed by the board in its rules.
4. Passes the examination for an instructor license.
5. Pays the prescribed fees.
Sec. 7. Section 32-532, Arizona Revised Statutes, is amended to read:
32-532. Instructor reciprocity
Notwithstanding section 32‑531, a person is entitled to receive a license to teach cosmetology, aesthetics or nail technology in a school if the person submits to the board an application for an instructor license on a form prescribed by the board, pays the prescribed fees and complies with one of the following:
1. Is a current licensed cosmetologist, aesthetician or nail technician instructor in another state or country.
2. Does all of the following:
(a) Holds a diploma from a high school or its equivalent as prescribed by the board in its rules or and submits to the board satisfactory evidence that the person is at least twenty‑three sixteen years of age.
(b) Is a licensed cosmetologist, aesthetician or nail technician in another state or country.
(c) Completes instructor training in another state or country which that has instructor education requirements which that are at least substantially equivalent to those of this state.
(d) Passes the examination for an instructor license.
3. Does all of the following:
(a) Has five years of licensed industry experience within the ten years preceding application.
(b) Holds a high school diploma or its equivalent as prescribed by the board in its rules or and submits to the board satisfactory evidence that the person is at least twenty‑three sixteen years of age.
(c) Meets requirements as prescribed by the board in its rules.
(d) Passes the examination for an instructor license.
Sec. 8. Title 32, chapter 5, article 5, Arizona Revised Statutes, is amended by adding section 32-565, to read:
32-565. Schools; postsecondary education institutions
A school must be recognized as a postsecondary educational institution if both of the following apply:
1. The school admits as regular students only individuals who have earned a recognized high school diploma or the equivalent of a recognized high school diploma or who are beyond the age of compulsory education as provided by section 15‑802.
2. The school is licensed by name by the board under this chapter to offer one or more training programs beyond the secondary school level.
APPROVED BY THE GOVERNOR APRIL 25, 2014.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 25, 2014.
