Bill Text: AZ HB2468 | 2011 | Fiftieth Legislature 1st Regular | Engrossed
Bill Title: Cosmetologist licenses; board powers; duties
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2011-04-19 - Governor Signed [HB2468 Detail]
Download: Arizona-2011-HB2468-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HOUSE BILL 2468 |
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AN ACT
amending sections 32‑502, 32‑504, 32‑513, 32‑518, 32‑537, 32‑545, 32‑552 and 32‑574, Arizona Revised Statutes; relating to cosmetology.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-502, Arizona Revised Statutes, is amended to read:
32-502. Board of cosmetology; appointment; qualifications; terms
A. A board of cosmetology is established consisting of the following seven members who are appointed by the governor:
1. Two cosmetologists who have been actively practicing in this state for at least three years immediately preceding appointment.
2. One nail technician who has been actively practicing in this state for at least three years immediately preceding appointment.
3. One instructor who has been actively practicing in this state for at least three years immediately preceding appointment.
4. One school owner.
5. One educator who does not represent the cosmetology or nail technology industry and is not involved in the manufacture of cosmetology or nail technology products.
6. One public member who is not and has never been associated with the cosmetology or nail technology industry, licensed as a cosmetologist or nail technician or involved in the manufacture of cosmetology or nail technology products.
B. The term of office for members is three years beginning and ending June 22.
C. Board members shall not serve more than two consecutive terms.
D. C. The governor may remove board members for neglect of duty, malfeasance or misfeasance.
Sec. 2. Section 32-504, Arizona Revised Statutes, is amended to read:
32-504. Powers and duties
A. The board shall:
1. Adopt rules which that are necessary and proper for the administration of this chapter, including sanitary and safety requirements for salons and schools and sanitary and safety standards for the practice of cosmetology, aesthetics and nail technology.
2. Administer and enforce this chapter and rules adopted pursuant to this chapter.
3. Either prepare, administer and grade practical and written examinations or contract with a national professional organization for cosmetology selected by the board to prepare, administer and grade practical and written examinations.
4. Make and maintain a record of its acts and proceedings, including the issuance, denial, renewal, suspension or revocation of licenses and public reproofs of licensees.
5. Evidence its official acts by the signature of the chairman or vice‑chairman of the board or a representative designated by the board.
6. Keep records of the board open to public inspection at all reasonable times.
7. Make an annual report to the governor on or before October 1 of each year covering its official acts and financial transactions during the preceding fiscal year and making recommendations it deems necessary.
8. Prescribe minimum school curriculum requirements for cosmetologists, aestheticians, nail technicians and instructors.
9. Prescribe standards and requirements for the provision of salon services through mobile units and in customer locations.
B. The board may:
1. Inspect the premises of any salon or school during business hours.
2. Delegate authority to its executive director to issue licenses to applicants who meet the requirements of this chapter.
Sec. 3. Section 32-513, Arizona Revised Statutes, is amended to read:
32-513. Reciprocity
Notwithstanding sections 32‑510, 32‑511 and 32‑512, a person is entitled to receive a cosmetologist, aesthetician or nail technician license if the person:
1. Submits to the board an application for a cosmetologist, aesthetician or nail technician license on a form supplied by the board.
2. Submits to the board satisfactory evidence of either of the following:
(a) that the person is licensed in another state or country.
(b) The person graduated from a school that offers a cosmetology, aesthetics or nail technology course substantially similar to the requirements of this state and passed the board approved cosmetology, aesthetician or nail technician examination.
3. Takes and completes a class relating to infection protection and a class relating to law review that is given by the board or its designee. The board shall determine the amount of the fees for these classes. The applicant shall pay these fees directly to the board or its designee.
3. 4. Pays the prescribed reciprocity license fees.
Sec. 4. Section 32-518, Arizona Revised Statutes, is amended to read:
32-518. Inactive licenses; reactivation
A. A license which that is not renewed pursuant to section 32‑517 automatically reverts to inactive status.
B. The board shall mail notice of renewal and possible reversion to inactive status to the last known address of the licensee at least sixty days before reversion to inactive status.
C. B. A licensee may reactivate an inactive license:
1. If a license has been inactive for less than one year, by paying the prescribed delinquent renewal penalty.
2. If a license has been inactive for one year or more but less than ten years, by paying the prescribed delinquent renewal penalty and submitting proof of satisfying educational requirements prescribed by the board in its rules.
D. C. A license which that has been inactive for ten years is automatically suspended.
E. D. A licensee shall not practice under an inactive license. END_STATUTE
Sec. 5. Section 32-537, Arizona Revised Statutes, is amended to read:
32-537. Instructor; inactive licenses; reactivation; suspension
A. An instructor license which that is not renewed pursuant to section 32‑535 automatically reverts to inactive status.
B. The board shall mail notice of renewal and possible reversion to inactive status to the last known address of the licensee at least sixty days before reversion to inactive status.
C. B. A licensee may reactivate an inactive license:
1. If a license has been inactive for less than one year, by paying the prescribed delinquent renewal penalty.
2. If a license has been inactive for one year or more but less than ten years, by paying the prescribed delinquent renewal penalty and submitting proof of satisfying educational requirements prescribed by the board in its rules.
D. C. A license which that has been inactive for ten years is automatically suspended.
E. D. A licensee shall not practice under an inactive license. END_STATUTE
Sec. 6. Section 32-545, Arizona Revised Statutes, is amended to read:
32-545. Change of ownership or location; change of trade name
A. A salon shall not be transferred change from the name of one licensee to another or from one location to another or change its trade name without filing a new application and paying the prescribed fee.
B. A salon owner shall notify the board of any transfer of his salon or change in the salon's trade name in writing within ten days after the transfer or any change of ownership of the salon or change in the salon's location or trade name and pay the prescribed fee. END_STATUTE
Sec. 7. Section 32-552, Arizona Revised Statutes, is amended to read:
32-552. Change of ownership or location; change of trade name
A. A school shall not be transferred change from the name of one licensee to another or from one location to another or change its trade name without filing a new application and paying the prescribed fee.
B. A school owner shall notify the board in writing of any transfer of his school or change in the school's trade name within ten days after the transfer or any change of ownership of the school or change in the school's location or trade name, submit a new license application for the school and pay the prescribed fee.
Sec. 8. Section 32-574, Arizona Revised Statutes, is amended to read:
32-574. Unlawful acts; violation; classification
A. A person shall not:
1. Perform or attempt to perform cosmetology, aesthetics or nail technology without a license in that category issued pursuant to this chapter, or practice in a category in which the person does not hold a license.
2. Operate a salon unless it is at all times under the direct supervision and management of a person who is licensed pursuant to this chapter as a cosmetologist, aesthetician, nail technician or instructor and who is working as a licensee in the salon.
3. Display a sign or in any way advertise or hold oneself out as a cosmetologist, aesthetician or nail technician or as being engaged in the practice or business of cosmetology, aesthetics or nail technology without being licensed pursuant to this chapter.
4. Knowingly make a false statement on an application for a license pursuant to this chapter.
5. Permit an employee or another person under the person's supervision or control to perform cosmetology, aesthetics or nail technology without a license issued pursuant to this chapter.
6. Practice or attempt to practice cosmetology, aesthetics or nail technology in any place other than in a salon licensed pursuant to this chapter unless the person is requested by a customer to go to a place other than a salon licensed pursuant to this chapter and is sent to the customer from the salon.
7. Obtain or attempt to obtain a license by the use of money other than the prescribed fees or any other thing of value or by fraudulent misrepresentation.
8. Provide any service to a person having a visible disease, pediculosis or open sores suggesting a communicable disease until the person furnishes a statement signed by a physician licensed pursuant to chapter 13 or 17 of this title stating that the disease or condition is not in an infectious, contagious or communicable stage.
9. Operate a salon or school without being licensed pursuant to this chapter.
10. Violate any provision of this chapter or any rule adopted pursuant to this chapter.
11. Ignore or fail to comply with a board subpoena.
12. use the title of "aesthetician", "cosmetologist" or "nail technician" or any other title or term likely to be confused with "aesthetician", "cosmetologist" or "nail technician" in any advertisement, statement or publication unless that person is licensed pursuant to this chapter.
B. An instructor shall not render cosmetology, aesthetics or nail technology services in a school unless the services are directly incidental to the instruction of students.
C. A person who violates this section is guilty of a class 1 misdemeanor.
