Bill Summary for H 792 (2021-2022)

Summary date: 

May 4 2021

Bill Information:

View NCGA Bill Details2021
House Bill 792 (Public) Filed Monday, May 3, 2021
AN ACT TO MERGE THE BARBER AND ELECTROLYSIS LICENSING BOARDS.
Intro. by Stevens.

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Bill summary

Part I.

Enacts new GS Chapter 86B entitled "Barber and Electrolysis Practice Act." Organizes the new Chapter into three Articles. Recodifies specified sections of GS Chapter 86A, governing the Board of Barber Examiners, barber certification, and barbershop and barber school permitting, into Articles 1 and 2 of new GS Chapter 86B. Recodifies specified sections of GS Chapter 88A, governing the Board of Electrolysis Examiners and electrologist licensure, into Article 3 of new GS Chapter 86B. 

Revises and adds to the sections recodified in new GS Chapter 86B as follows.

Makes the following changes to Article 1. Eliminates the NC Board of Barber Examiners. Establishes the seven-member NC Board of Barber and Electrolysis Examiners (Board), consisting of four licensed barbers, one practicing electrologist, one licensed physician, and one unlicensed public member, all of which are appointed by the Governor. Eliminates the prohibition of the previous Board of Barber Examiners which prohibits serving more than three complete consecutive three-year terms. Eliminates the powers and duties of the Board of Barber Examiners, and grants the Board of Barber and Electrolysis Examiners the powers and duties necessary to carry out and enforce the provisions of GS Chapter 86B. Authorizes the Board to adopt necessary rules. Empowers the Board to investigate any licensee or establishment subject to the Chapter's provisions if the Board has reasonable cause to believe a violation of the Chapter's provisions has occurred, either on its own motion or upon receipt of a complaint from any individual. Provides for the Board to maintain a Wake County, rather than Raleigh, office. Eliminates the annual reporting requirement to the Governor, previously required of the Board of Barber Examiners. Authorizes the Board to apply for an injunction or restraining order to prevent further violation of the Chapter's provisions, but not to prevent violations of the Chapter or the Board's rules, as the Department of Health and Human Services and local health directors are authorized to do. Makes conforming changes throughout the Chapter to refer to the NC Board of Barber and Electrolysis Examiners. 

Makes the following changes to Article 2. Now provides for licensure to practice barbering rather than certificates of registration, and expands shop permitting to include mobile barbershops. No longer requires applications for examination to include proof of the applicant's qualifications under oath, or places a deadline to require applications to be submitted at least 30 days before the examination. Modifies the qualifications for licensure of applicants who hold a license in another state to require the applicant to have practices one of the last five immediately preceding years (was, three out of five years).

Modifies language to consistently refer to the permitting of barbershops, mobile barbershops, and barber schools. Enacts a new section, authorizing motor homes to be used as a mobile barbershop for the practice of barbering. Provides for permitting, the Board's rulemaking, and other requirements regarding mobile barbershops, including sanitation standards that must be met and requiring owners to provide the Board with a written monthly itinerary listing locations, dates, and hours of operation. Sets the permit application and annual fee for mobile barbershops at $50, with a $45 late fee, and sets inspection of newly established mobile barbershops at $120. Expands the sanitary rules and regulations and inspection requirements applicable to barbers, barbershops, and barber schools to include mobile barbershops. Now requires the Board to adopt rules regarding the disposal of wastewater in a barbershop or mobile barbershop (previously required lavatories to have a drain pipe to drain wastewater out of the building). Provides for use of Board-approved sanitizing solutions for equipment and instruments, rather than providing specified solution ingredients and thresholds.

Modifies the qualifications of barber schools or colleges to now require the school to employ at least one (was, two) instructors for the first 20 (was, 40) enrolled students and employ one additional instructor for every additional 20 enrolled students. Allows for online theoretical training with one instructor present (two instructors required for simultaneous practical training and theoretical training). 

Makes the following changes to Article 3. Eliminates the Board of Electrolysis Examiners and makes changes throughout to refer to the new Board of Barber and Electrolysis Examiners as the governing board of electrologist licensing. Eliminates outdated language which grandfathered in electrologists practicing before July 1, 1993, for licensure without examination. Enacts a new statute to require the Board to issue a license to any individual who completes a Board-approved electrology apprenticeship program consisting of 625 hours, visits two electrologist offices that are not the same office as the program instructor, and passes a clinical exam conducted by the Board. Requires the Board to inspect an electrology apprenticeship program's facility prior to approval. Requires application to the Board for a student permit prior to enrollment in a program. Establishes four qualifications for apprenticeship program instructors. Provides for the Board's rulemaking regarding apprenticeship programs, including reporting and record-keeping. Revises fees for licensure, setting the fee for an initial electrologist license at $125 (was $150) and examination or reexamination at $150 (was, $125). 

Makes technical and clarifying changes throughout the new Chapter; makes language gender neutral. Updates statutory and internal cross-references throughout. Makes conforming repeals of specified sections of GS Chapter 88A, and conforming repeals of references to that Chapter in new GS Chapter 86B.

Makes the above changes effective January 1, 2022, and applicable to applications for licensure, examination, and renewal submitted on or after that date. 

Part II.

Directs the Board of Barber and Electrolysis Examiners (Board), as established, to review the licensing fee limitations and fees adopted by rule of the now abolished Board of Barber Examiners and Board of Electrolysis Examiners to determine if fee reduction is appropriate given consolidation of the Boards. Directs the Board to report to the specified NCGA committee by March 1, 2023.

Directs the Board to review the licenses established by the act and determine where consolidation or elimination of licenses is appropriate given consolidation of the Boards. Directs the Board to report to the specified NCGA committee by March 1, 2023.

Provides that licenses and registrations issued by either abolished Board prior to January 1, 2022, remain valid until their expiration, revocation, or renewal by the Board of Barber and Electrolysis Examiners.

Vests and transfers all property and assets owned by the now abolished Board of Electrolysis Examiners to the Board. 

Provides for continuance of all proceedings pending prior to January 1, 2022, in the name of or against either abolished Board in the name of the Board of Barber and Electrolysis Examiners. 

Directs the Department of the State Treasurer to separate funds received in the name of the new Board from funds received in the name of either abolished Board prior to January 1, 2022. 

Provides for the continued validity of rules adopted by either abolished Board. 

Grants the Board of Barber and Electrolysis Examiners the authority to expend funds to conduct audits and prepare financial statements as would have been required under GS 93B-2 and GS 93B-4. 

Directs the newly established Board to adopt rules to implement the act.

Provides for the appointment of members to the Board of Barber and Electrolysis Examiners by October 1, 2021, for one-, two-, and three-year terms, as specified, with terms beginning January 1, 2022. 

Makes the provisions of Part II effective on the date the act becomes law. 

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