Brief ⁽¹⁾

HB 2314 relates to the Board of Cosmetology and specifically to persons engaged in the practice or training of students of cosmetology, esthetics, nail technology, electrology, or the operation of a tanning facility The bill:

• In addition to any other penalty allowed, upon a determination that an individual has performed one of the acts that require licensure by the Board, allows the Board to issue a cease and desist order or assess a fine not to exceed $1,500, or both.
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• Makes a violation of the licensure requirements a class C misdemeanor.
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• Allows various licensees to renew an expired license, including a school license, within 30 days after the expiration date and upon payment of a delinquent renewal fee.
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• Requires schools licensed under the act to provide one instructor for every 18 students when providing instruction on the practice floor.
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• Requires that applicants for instructors' licenses complete the required 300 hours of instruction within one year of the date of application for the instructor's license.
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• Allows the Board, by rules and regulations, to require student instructor permits for applicants wishing to become an instructor in any of the schools licensed by the Board, and establishes the qualifications for such permits.
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• Establishes several new statutory maximum fees for various licensees of the Board and creates a fee for a student instructor permit. The Board sets actual fees by rule and regulations.
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• Permits manicurists, estheticians, and electrologists in the statutory authorization to practice in settings other than a salon under the terms and conditions set out in the law.
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• Provides for reciprocity of licensure if the applicant meets one of the two requirements set out in the law.
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• Allows the Board to take an action against a licensee if the licensee has had a license revoked, suspended or limited, or has had other disciplinary action taken, or an application for a license denied, by the proper regulatory authority of another state or country. A certified copy of the record of the action of the other jurisdiction is considered conclusive evidence.
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• Provides, in any civil action brought by the Board in a court of competent jurisdiction, a presumption that irreparable damage will occur where the Board alleges and proves a person committed a violation of cosmetology licensing laws and tanning facility licensing laws. In addition to providing injunctive relief, the court may assess a fine of not to exceed $1,500 against such person.
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• Subjects any person who is determined by the Board to have operated a tanning facility without a valid license to the same enforcement authority the Board has against other licensees, including issuing cease and desist orders, imposing a fine, or both.

Background

HB 2314 was requested by the Board of Cosmetology whose Executive Director explained that the bill will facilitate the Board's efforts to ensure the health and safety of the consuming public while maintaining high standards of practice.

The fiscal note prepared by the Division of the Budget indicates passage of the bill will have no fiscal effect.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi