Bill Summary for H 493 (2017-2018)

Summary date: 

Jun 26 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 493 (Public) Filed Monday, March 27, 2017
AN ACT TO COMBINE THE FUNCTIONS OF THE NORTH CAROLINA BOARD OF COSMETIC ART EXAMINERS AND THE NORTH CAROLINA BOARD OF ELECTROLYSIS EXAMINERS.
Intro. by Cleveland, Stevens.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Amends the act's short and long titles.

Deletes provision repealing GS Chapter 86A (Barbers). Instead, repeals GS Chapter 88A (Electrolysis Practice Act).

Section 2 amends proposed GS Chapter 86B as follows:

Deletes all references to barbers, barber apprentices, barber shops, barber schools, barbery, and other barber-related terms from all sections of proposed GS Chapter 86B. Renames the Chapter as the Cosmetic Art and Electrolysis Practice Act.

Where changes made the committee substitute delete proposed statutes or enact new statutes, subsequent statutes are re-numbered accordingly. Statute numbers from the 1st edition will be given along with updated numbers.

Amends proposed GS 86B-2 (Definitions). Defines five additional terms related to electrolysis.

Amends proposed GS 86B-3 (Creation and membership of the Board; terms of office; removal). Renames proposed Board as The North Carolina Board of Cosmetic Art and Electrolysis Examiners (Board). Reduces the number of members of the Board from eight to seven. Modifies membership on the board to require the General Assembly to appoint an electrologist at the recommendation of the President Pro Tempore of the Senate (was, two barbers), and the Governor to further appoint an electrologist(as defined) or laser hair practitioner (as defined) to the Board. Further membership of the Board is unchanged.

Amends proposed GS 86B-5 (Meetings and compensation of the Board; officers and executive director). Deletes provision requiring the Board to report its receipts, expenditures, work, and recommendations annually to the Governor.

Deletes proposed GS 86B-6 (Qualifications for certificate as a licensed barber). Enacts new GS 86B-6 (Residency requirement), prohibiting licensure of persons under the chapter who are not lawful residents of this State.

Deletes proposed GS 86B-7 (Qualifications for licensing barber apprentices), and re-numbers subsequent statutes accordingly.

Amends proposed GS 86B-9 (Qualifications for licensing cosmetology apprentices, now GS 86B-8). Exempts applicants for cosmetology apprentices who pass the practical and theory portions of the Board-administered examination with a score of 85% or higher from the apprenticeship requirement, and authorizes those persons to apply for a temporary permit. Authorizes applicants who pass the initial written examination and pass the initial practical examination with a score of less than 85% to retake the initial practical examination no more than two additional times upon payment of a specified fee. Authorizes individuals with a current and valid apprentice license that pass the practical and theory portions of the examination with a score of 85% or higher to obtain a temporary permit upon payment of a specified fee.

Enacts new GS 86B-12 (Qualifications for licensure as an electrologist). Requires applicants for licensure under this statute to meet listed requirements, including passage of a Board-administered examination and graduation from a Board-certified school. Directs the Board to give an electrology licensure examination, as specified, at least twice each year. Directs the Board to issue a license to applicants who meet the licensure requirements, and have submitted the specified fee.

Enacts new GS 86B-13 (Requirements for licensure as a laser hair practitioner; limitations on licensed laser hair practitioners). Requires applicants for licensure under this statute to meet listed requirements, including licensure as an electrologist. Directs the Board to issue a license to applicants that meet all the requirements for licensure and have submitted the initial license fee. Requires laser hair practitioners to practicelaser, light source, or pulsed-light treatments (as defined) under the supervision of a licensed physician, who shall be readily available, but is not required to be on sight when the treatment is being performed. Provides that the authority to regulate laser clinicians remains with the Board. Prohibits laser hair practitioners from dispensing or administering medication, or providing advice on the use of medication, in connection with laser, light source, or pulsed-light treatments. Requires laser hair practitioners to use FDA-approved laser, light source, or pulsed-light devices in compliance with all applicable federal and State regulations, rules, and laws. Use of a non-approved device, or one that violates relevant regulations, rules, and laws, is subject to revocation of licensure by the Board. Provides that only licensed physicians may use laser, light source, or pulsed-light devices for ablative procedures.

Enacts new GS 86B-15 (Requirements for certification as an electrology instructor). Requires applicants for electrology instructor certification to meet listed requirements, including that the applicant have actively practiced electrology for at least five years immediately before the application. Directs the Board to give an electrology instructor certification examination at least twice each year, as specified. Directs the Board to issue an instructor's certificate to applicants that meet the required qualifications and have paid a specified fee.

Amends proposed GS 86B-14 (Temporary employment permit; extensions; limits on practice, now GS 86B-17). Further provides temporary permits for electrologists and laser hair practitioners, as currently provided for cosmetologists, with the same graduation and supervision requirements. Directs the Board to grant temporary permits, notwithstanding apprenticeship requirements, to cosmetic art schools that pass the practical and theory portions of their examination with a score of 85% or higher. Temporary permittees under this new provision may apply for examination and certification to become registered one year after receiving their temporary permit. Temporary permits under this new provision remain valid until the first Board examination of applicants for certification is held that is more than one year after issuance of the temporary permit. Temporary permits under this new provision are not available for electrologists and laser hair practitioners.

Amends proposed GS 86B-15 (Applicants licensed in other states, now GS 86B-18). Further applies the reciprocity and comity provisions of that statute to electrologists and laser hair practitioners.

Amends proposed GS 86B-18 (Licensing and regulation of cosmetic art schools, now GS 86B-21). Deletes the provision directing the Board to adopt rules establishing criteria for barber schools and cosmetic art schools to obtain and maintain accreditation, including the listed required criteria.

Enacts new GS 86B-23 (Requirements for certification as a Board approved school of electrology). Lists seven items that a school must submit to become a Board-approved school of electrology, including a curriculum that requires between 120 and 600 hours of study for completion, as specified. Directs the Board to issue a certificate to an applicant that meets all the qualifications for certification as a Board-approved school of electrology, and submit the required fee. Provides that a school's certification is only valid for the location named in the application. Relocation requires submission of an application and a fee, as specified. Provides that certification is not transferrable, and requires schools to notify the Board in writing of any change in ownership or management. Requires schools to display their certification as specified by the Board. Requires all epilators used in the school to be FDA-approved.

Enacts new GS 86B-24 (Requirements for certification as a Board-approved school of laser, light source, or pulsed-light treatments). Lists seven items that a school must submit to become a Board-approved school of laser, light source, or pulsed-light treatments, identical to those for a school of electrology, except that the minimum number of hours required for curriculum completion is 30, and there is no maximum number of hours. Certifications are to be issued in the same manner, and subject to the same restrictions, as those for schools of electrology. Requires all laser, light source, or pulsed-light devices used in the school to be FDA-approved.

Amends proposed GS 86B-21 (Sanitary rules and regulations; inspections, now GS 86B-26). Directs the Board to further adopt sanitary rules on the provision of proper facilities for the location, construction, and layout of buildings where electrolysis or laser, light source, or pulsed-light treatment service is rendered.Requires electrolysis to only be practiced by licensed persons in permanent establishments (offices). Directs the Board to adopt rules and regulations concerning the sanitation standards, equipment, and supplies to be used and observed in offices. Further requires electrolysis and laser, light source, or pulsed-light treatment facilities to be open for inspection as currently required for cosmetology facilities. Further directs the Board to furnish a copy of the sanitary rules in this statute to the owner or manager of each school or facility where electrolysis or laser, light source, or pulsed-light treatment service is rendered.

Amends proposed 86B-22 (Renewal requirements; expired licenses; inactive status, now GS 86B-27). Requires electrologist and laser hair practitioner licenses to be renewed annually. Requires renewal applicants to apply on or before the date their current license expires, as specified by the Board, showing compliance with continuing educational requirements, and paying the required fee. Authorizes the Board to provide for late renewal licensure for up to 90 days after expiration of a license. Provides for reinstatement of licensure, under separate requirements, after 90 days have passed since the expiration of a license. Requires schools of electrology, or laser, light source, and pulsed-light treatment, to renew their certification annually, on or before the date the current certificate expires, as specified by the Board. Failure to renew the certificate within 90 days after the expiration date results in automatic forfeiture of certification under this Chapter. Requires electrology or laser hair practitioner instructor's licenses to be renewed annually, on or before the date the current license expires, as specified by the Board. Any person whose instructor's license has expired for a period of three years or more is required to take and pass the instructor's examination before the license can be renewed. Further authorizes persons serving in the US Armed Forces whose licenses as electrologists or laser hair practitioners were in force one year prior to entering service to renew their licensure within 90 days of receiving an honorable discharge, without taking the required examination, by paying the current annual license fee.

Amends proposed GS 86B-23 (Revocation of licenses and other disciplinary measures, now GS 86B-28). Further authorizes the Board to restrict, suspend, revoke, or refuse to issue, renew, or reinstate any license for the unlicensed practice of electrolysis or laser, light-source, or pulsed-light treatment.

Amends proposed GS 86B-25 (Licenses required, now GS 86B-30). Subjects the practice of electrolysis or laser, light source, or pulsed-light treatment to the same license-related, licensed office-related, licensed instruction-related, apprenticeship-related, and license display-related prohibitions and requirements currently specified for the practice of cosmetology.

Amends proposed GS 86B-28 (Persons exempt from the provisions of this Chapter, now GS 86B-33). Authorizes the unlicensed practice of electrology by four listed classes of people, including licensed physicians. Creates an exception to the electrology and laser, light source, and pulsed-light treatment requirements of this Chapter for persons licensed and approved by the NC Medical Board to practice medical acts, tasks, or functions under GS Chapter 90, Article 1 (Practice of Medicine), or any person employed and working under the direct supervision of a physician licensed under that Article.

Amends GS Chapter 86B-29 (now GS Chapter 86B-34). Amends caption to read Fees required for cosmetic art. Lowers the maximum fee for a reciprocity or certification applicant from $120 to $25.

Enacts new GS 86B-35. Provides a schedule of maximum fees that the Board may charge to pay the costs of the administration of this Article related to electrolysis and laser, light source, and pulsed-light treatment.

Amends Section 3 by amending the initial appointment to the Board as follows: the Governor's appointment of an electrologist or laser hair practitioner will serve a two-year term, and of the two members of the public appointed to the board, one will serve a one-year term and the other a three-year term. The President Pro Tem.'s appointment of a cosmetologist will serve a two-year term, and the electrologist will serve a one-year term. The Speaker's appointment of a cosmetology teacher will serve a two-year term, and the cosmetologist will serve a one-year term.

Enacts new Section 4. Directs the Board to review the licensing fee limitations and licenses established in Section 2 of this Act, and the fees adopted by the NC Board of Cosmetic Art Examiners and the NC Board of Electrolysis Examiners, and determine whether the fee limitations and fees should be reduced, and whether certain licenses should be consolidated or eliminated, and to report its findings and recommendations to the Joint Legislative Administrative Procedure Oversight Committee by March 1, 2018.

Amends Section 5 (was Section 4). Replaces all references to the State Board of Barber Examiners with references to the NC Board of Electrolysis Examiners. Provides that rules adopted by the NC Board of Cosmetic Art Examiners and the NC Board of Electrolysis Examiners remain in effect as provided in GS 150B-21.7.

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