Bill Summary for H 590 (2019-2020)

Summary date: 

Apr 15 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 590 (Public) Filed Wednesday, April 3, 2019
AN ACT TO AMEND VARIOUS ADMINISTRATIVE PROCEDURE LAWS.
Intro. by Riddell, Stevens, Hardister, Floyd.

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Bill summary

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

Makes organizational changes to the act to place the previous provisions into Parts I through III.

Further amends GS 150B-21.5(a) to provide that an agency is not required to publish a notice of text in the North Carolina Register, hold a public hearing, or submit the amended rule to the Rules Review Commission (Commission) for review when the agency proposes to amend a rule to change information that is readily available to the public such as an email address (previously only listed an address, phone number, or website as examples).

Adds new Part IV. 

Repeals GS Chapters 86A (regarding Barbers) and 88A (Electrolysis Practice Act).

Enacts new GS Chapter 86B (Barbers and Electrolysis Act). Prohibits a person from practicing barbering, electrolysis, or laser, light source, or pulsed-light treatments; opening or operating a barbershop or electrologist or laser hair practitioner office; or teaching barbering, electrolysis, or laser, light source, or pulsed-light treatments in a school on or after January 1, 2020, without a state license issued pursuant to the new chapter, with specified exemptions. Makes practice without a license in violation of this Chapter a Class 3 misdemeanor. Defines barberelectrologist/electrolocist, and laser hair practitioner, as well as seven other terms related to the Chapter. Establishes the NC Board of Barber and Electrolysis Examiners (Board), with seven members appointed by the Governor, to be appointed for three-year terms, with initial appointments to be made on or before October 1, 2019, and initial terms to begin on January 1, 2020. Provides Board members are subject to removal by the Governor for good cause. Provides for Board vacancies, the election of Board officers, Board meetings, and compensation of Board members. Prohibits the Board from issuing a license to teach barbering to any Board member during that member's term on the Board. Prohibits a Board member from being employed by the Board for at least one year after that member's term expires. Charges the Board with the administration of GS Chapter 86B and authorizes the Board to investigate violations of the Chapter.

Sets forth qualifications for a licensure as a registered barber, a barber apprentice license, an electrologist license, a license as a laser hair practitioner, a barber instructor license, a certificate as an electrology instructor, and a license as a laser hair practitioner instructor. Provides for temporary employment permits for persons who have completed the required hours of a barber school, electrologist school, or laser hair practitioner school, but have not yet taken the required examination, allowing them to practice under the supervision of a licensed barber, electrologist, or laser hair practitioner, as appropriate. Provides for the licensure of applicants licensed and in good standing in other states. Provides for the licensure of barbershops. Authorizes the practice of barbering by licensed individuals outside of barbershops to attend to the needs of sick and disabled individuals, as specified. Provides for the licensing and regulation of barber schools. Requires specified bonds for private barber schools. Provides for certification requirements as a Board-approved school of electrology and as a Board-approved school of laser, light source, or pulsed-light treatments. Directs the Board to conduct examinations for certificates of licensure under this Chapter, and to adopt sanitary rules applicable to licensees under this Chapter, as specified. Details license renewal requirements and procedures for expired licenses and licenses with inactive status. Authorizes the Board to take disciplinary actions, including a civil penalty of up to $500, against licensees for violations of the Chapter or rules adopted by the Board. Provides for the Board or the Department of Health and Human Services (DHHS), or any county or district health director, to apply to superior court to enjoin illegal practices under the Chapter or the Board's rules. Specifies exemptions from the Chapter's requirements. Provides two schedules of maximum fees that the Board may charge to pay the costs of the administration of this Article, one related to barbering, and the other related to electrolysis and laser, light source, and pulsed-light treatment.

Provides for the initial appointments to the Board, with (1) four barbers serving on the State Board of Barber Examiners as of December 31, 2019, until their terms expire; (2) one electrologist designated by the Governor serving on the State Board of Electrolysis Examiners as of December 31, 2019, for a three-year term; (3) one physician appointed by the Governor for a two-year term; and (4) one public member appointed by the Governor for a one-year term. Effective when the act becomes law. 

Directs the Board to review the licensing fee limitations and licenses established in Section 2 of this Act, and the fees adopted by the State Board of Barber Examiners and the State 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, 2020.

Licenses and registrations issued by the State Board of Electrolysis Examiners and the State Board of Barber Examiners, prior to the effective date of this act, remain in full force.

Vests and transfers all of the property and assets owned by the State Board of Electrolysis Examiners and the State Board of Barber Examiners in the newly established Board of Barber and Electrolysis Examiners.

Requires the Department of the State Treasurer to hold funds received in the name of the Board separate from funds received in the name of the Board of Electrolysis Examiners or the Board of Barber Examiners prior to the effective date of the act. 

Rules adopted by the Board of Barber Examiners and the Board of Electrolysis Examiners remain in effect as provided in GS 150B-21.7.

Effective January 1, 2020, and applies to applications for licensure, examination, and renewal submitted on or after that date. 

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