H-3165.1
SECOND SUBSTITUTE HOUSE BILL 2109
State of Washington 68th Legislature 2024 Regular Session
By House Appropriations (originally sponsored by Representatives Ryu,
Eslick, Reed, and Reeves)
READ FIRST TIME 02/05/24.
1 AN ACT Relating to the regulation of permanent cosmetics;
2 amending RCW 18.16.010, 18.16.020, 18.16.030, 18.16.050, 18.16.060,
3 18.16.090, 18.16.100, 18.16.130, 18.16.170, 18.16.190, 18.16.200,
4 18.16.260, 18.16.290, 18.16.900, 18.300.010, 5.40.050, 18.235.020,
5 26.28.085, 70.54.320, 70.54.330, 70.54.340, 70.54.350, 43.24.150, and
6 74.08.580; reenacting and amending RCW 82.04.050; adding new sections
7 to chapter 18.16 RCW; creating new sections; and providing an
8 effective date.
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
10 Sec. 1. RCW 18.16.010 and 2015 c 62 s 13 are each amended to
11 read as follows:
12 (1) The legislature recognizes that the practices of cosmetology,
13 hair design, barbering, manicuring, ((and)) esthetics, and master
14 esthetics involve the use of tools and chemicals which may be
15 dangerous when mixed or applied improperly, and therefore finds it
16 necessary in the interest of the public health, safety, and welfare
17 to regulate those practices in this state.
18 (2) The legislature further recognizes that the practice of
19 permanent cosmetics, enhanced permanent cosmetics, and corrective
20 enhanced permanent cosmetics involves invasive procedures using
21 needles, sharps, and instruments. This practice may be dangerous when
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1 improper sterilization techniques are used, presenting a risk of
2 infecting clients with blood-borne pathogens including, but not
3 limited to, HIV, hepatitis B, and hepatitis C. It is in the interest
4 of the state's public health, safety, and welfare to establish
5 requirements in the commercial practice of this activity.
6 Sec. 2. RCW 18.16.020 and 2015 c 62 s 1 are each amended to read
7 as follows:
8 As used in this chapter, the following terms have the meanings
9 indicated unless the context clearly requires otherwise:
10 (1) "Apprentice" means a person who is engaged in a state-
11 approved apprenticeship program and who must receive a wage or
12 compensation while engaged in the program.
13 (2) "Apprentice monthly report" means the apprentice record of
14 daily activities and the number of hours completed in each course of
15 a curriculum that is prepared monthly by the approved apprenticeship
16 program and provided to the apprentice, audited annually by the
17 department, and kept on file by the approved apprenticeship program
18 for three years.
19 (3) "Apprentice trainer" means a person who gives training to an
20 apprentice in an approved apprenticeship program and who is approved
21 under RCW 18.16.280.
22 (4) "Apprenticeship program" means a state-approved
23 apprenticeship program pursuant to chapter 49.04 RCW and approved
24 under RCW 18.16.280 for the training of cosmetology, hair design,
25 barbering, esthetics, master esthetics, and manicuring.
26 (5) "Apprenticeship training committee" means a committee
27 approved by the Washington apprenticeship and training council
28 established in chapter 49.04 RCW.
29 (6) "Approved apprenticeship shop" means a salon/shop that has
30 been approved under RCW 18.16.280 and chapter 49.04 RCW to
31 participate in an apprenticeship program.
32 (7) "Approved security" means surety bond.
33 (8) "Barber" means a person licensed under this chapter to engage
34 in the practice of barbering.
35 (9) "Board" means the cosmetology, hair design, barbering,
36 esthetics, ((and)) master esthetics, manicuring, permanent cosmetics,
37 enhanced permanent cosmetics, and corrective enhanced permanent
38 cosmetics advisory board.
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 1 (10) "Cosmetologist" means a person licensed under this chapter
2 to engage in the practice of cosmetology.
3 (11) "Crossover training" means training approved by the director
4 as training hours that may be credited to current licensees for
5 similar training received in another profession licensed under this
6 chapter.
7 (12) "Curriculum" means the courses of study taught at a school,
8 online training by a school, in an approved apprenticeship program
9 established by the Washington state apprenticeship and training
10 council and conducted in an approved salon/shop, or online training
11 by an approved apprenticeship program, set by rule under this
12 chapter, and approved by the department. After consulting with the
13 board, the director may set by rule a percentage of hours in a
14 curriculum, up to a maximum of ten percent, that could include hours
15 a student receives while training in a salon/shop or permanent
16 cosmetics shop under a contract approved by the department. Each
17 curriculum must include at least the following required hours:
18 (a) School curriculum:
19 (i) Cosmetologist, ((one thousand six hundred)) 1,600 hours;
20 (ii) Hair design, ((one thousand four hundred)) 1,400 hours;
21 (iii) Barber, ((one thousand)) 1,000 hours;
22 (iv) Manicurist, ((six hundred)) 600 hours;
23 (v) Esthetician, ((seven hundred fifty)) 750 hours;
24 (vi) Master esthetician either:
25 (A) ((One thousand two hundred)) 1,200 hours; or
26 (B) Esthetician licensure plus ((four hundred fifty)) 450 hours
27 of training;
28 (((vi) [(vii)])) (vii) Permanent cosmetics artist, 100 hours;
29 (viii) Enhanced permanent cosmetics artist, 200 hours;
30 (ix) Corrective enhanced permanent cosmetics artist, 300 hours;
31 and
32 (x) Instructor-trainee, ((five hundred)) 500 hours, except that
33 an instructor-trainee may submit documentation that provides evidence
34 of experience as a licensed cosmetologist, hair designer, barber,
35 manicurist, esthetician, ((or)) master esthetician, permanent
36 cosmetics artist, enhanced permanent cosmetics artist, or corrective
37 enhanced permanent cosmetics artist for competency evaluation toward
38 credit of not more than ((three hundred)) 300 hours of instructor-
39 training.
40 (b) Apprentice training curriculum:
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 1 (i) Cosmetologist, two thousand hours;
2 (ii) Hair design, one thousand seven hundred fifty hours;
3 (iii) Barber, one thousand two hundred hours;
4 (iv) Manicurist, eight hundred hours;
5 (v) Esthetician, eight hundred hours;
6 (vi) Master esthetician, one thousand four hundred hours.
7 (c) An individual enrolled in a curriculum under (a)(vii) through
8 (ix) of this subsection may submit documentation that provides
9 evidence of experience as a licensed cosmetologist, hair designer,
10 barber, manicurist, esthetician, or master esthetician for competency
11 evaluation toward credit of not more than 50 hours.
12 (13) "Department" means the department of licensing.
13 (14) "Director" means the director of the department of licensing
14 or the director's designee.
15 (15) "Esthetician" means a person licensed under this chapter to
16 engage in the practice of esthetics.
17 (16) "Hair design" means the practice of arranging, dressing,
18 cutting, trimming, styling, shampooing, permanent waving, chemical
19 relaxing, straightening, curling, bleaching, lightening, coloring,
20 mustache and beard design, and superficial skin stimulation of the
21 scalp.
22 (17) "Hair designer" means a person licensed under this chapter
23 to engage in the practice of hair design.
24 (18) "Individual license" means a cosmetology, hair design,
25 barber, manicurist, esthetician, master esthetician, permanent
26 cosmetics artist, enhanced permanent cosmetics artist, corrective
27 enhanced permanent cosmetics artist, or instructor license issued
28 under this chapter.
29 (19) "Instructor" means a person who ((gives)):
30 (a) Gives instruction in cosmetology, hair design, barbering,
31 manicuring, esthetics, and master esthetics in a school, or who
32 provides classroom theory training to apprentices in locations other
33 than in a school, in a curriculum in which he or she holds a license
34 under this chapter, has completed at least five hundred hours of
35 instruction in teaching techniques and lesson planning in a school,
36 or who has documented experience as an instructor for more than five
37 hundred hours in another state in the curriculum of study, and has
38 passed a licensing examination approved or administered by the
39 director. An applicant who holds a degree in education from an
40 accredited postsecondary institution shall upon application be
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 1 licensed as an instructor to give instruction in a school, or to
2 provide classroom theory training to apprentices in locations other
3 than in a school, in a curriculum in which he or she holds a license
4 under this chapter. An applicant who holds an instructional
5 credential from an accredited community or technical college and who
6 has passed a licensing examination approved or administered by the
7 director shall upon application be licensed as an instructor to give
8 instruction in a school, or to provide classroom theory training to
9 apprentices in locations other than in a school, in a curriculum in
10 which he or she holds a license under this chapter. To be approved as
11 an "instructor" in an approved apprenticeship program, the instructor
12 must be a competent instructor as defined in rules adopted under
13 chapter 49.04 RCW; or
14 (b)(i) Provides classroom theory training on permanent cosmetics,
15 enhanced permanent cosmetics, corrective enhanced permanent
16 cosmetics, or any combination of the foregoing, to an individual in a
17 curriculum approved by the director;
18 (ii)(A) Holds a current license as a permanent cosmetics artist,
19 enhanced permanent cosmetics artist, or corrective enhanced permanent
20 cosmetics artist; or (B) has held a license issued by the department
21 under chapter 18.300 RCW for the five years prior to the effective
22 date of this section; and
23 (iii)(A) Is able to demonstrate five consecutive years of
24 performing permanent cosmetics, enhanced permanent cosmetics, or
25 corrective enhanced permanent cosmetics; or (B) holds an instructor
26 license under (a) of this subsection.
27 (20) "Instructor-trainee" means a person who is currently
28 licensed in this state as a cosmetologist, hair designer, barber,
29 manicurist, esthetician, ((or)) master esthetician, permanent
30 cosmetics artist, enhanced permanent cosmetics artist, or corrective
31 enhanced permanent cosmetics artist and is enrolled in an instructor-
32 trainee curriculum in a school licensed under this chapter.
33 (21) "Location license" means a license issued under this chapter
34 for a salon/shop, school, personal services, permanent cosmetics
35 shop, or mobile unit.
36 (22) "Manicurist" means a person licensed under this chapter to
37 engage in the practice of manicuring.
38 (23) "Master esthetician" means a person licensed under this
39 chapter to engage in the practice of master esthetics.
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 1 (24) "Mobile unit" is a location license under this chapter where
2 the practice of cosmetology, barbering, esthetics, master esthetics,
3 or manicuring is conducted in a mobile structure. Mobile units must
4 conform to the health and safety standards set by rule under this
5 chapter.
6 (25) "Online training" means theory training provided online, by
7 a school licensed under this chapter or an approved apprenticeship
8 program established by the Washington state apprenticeship and
9 training council, in the areas of cosmetology, hair design, master
10 esthetics, manicuring, barbering, esthetics, permanent cosmetics,
11 enhanced permanent cosmetics, corrective enhanced permanent
12 cosmetics, and instructor-training.
13 (26) "Person" means any individual, partnership, professional
14 service corporation, joint stock association, joint venture, or any
15 other entity authorized to do business in this state.
16 (27) "Personal services" means a location licensed under this
17 chapter where the practice of cosmetology, hair design, barbering,
18 manicuring, esthetics, or master esthetics is performed for clients
19 in the client's home, office, or other location that is convenient
20 for the client.
21 (28) "Practice of barbering" means the cutting, trimming,
22 arranging, dressing, curling, shampooing, shaving, and mustache and
23 beard design of the hair of the face, neck, and scalp.
24 (29) "Practice of cosmetology" means arranging, dressing,
25 cutting, trimming, styling, shampooing, permanent waving, chemical
26 relaxing, straightening, curling, bleaching, lightening, coloring,
27 waxing, tweezing, shaving, and mustache and beard design of the hair
28 of the face, neck, and scalp; temporary removal of superfluous hair
29 by use of depilatories, waxing, or tweezing; manicuring and
30 pedicuring, limited to cleaning, shaping, polishing, decorating, and
31 caring for and treatment of the cuticles and nails of the hands and
32 feet, excluding the application and removal of sculptured or
33 otherwise artificial nails; esthetics limited to toning the skin of
34 the scalp, stimulating the skin of the body by the use of
35 preparations, tonics, lotions, or creams; and tinting eyelashes and
36 eyebrows.
37 (30) "Practice of esthetics" means the care of the skin for
38 compensation by application, use of preparations, antiseptics,
39 tonics, essential oils, exfoliants, superficial and light peels, or
40 by any device, except laser, or equipment, electrical or otherwise,
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 1 or by wraps, compresses, cleansing, conditioning, stimulation,
2 superficial skin stimulation, pore extraction, or product application
3 and removal; temporary removal of superfluous hair by means of
4 lotions, creams, appliance, waxing, threading, tweezing, or
5 depilatories, including chemical means; and application of product to
6 the eyelashes and eyebrows, including extensions, design and
7 treatment, tinting and lightening of the hair, excluding the scalp.
8 Under no circumstances does the practice of esthetics include the
9 administration of injections.
10 (31) "Practice of manicuring" means the cleaning, shaping,
11 polishing, decorating, and caring for and treatment of the cuticles
12 and the nails of the hands or feet, and the application and removal
13 of sculptured or otherwise artificial nails by hand or with
14 mechanical or electrical apparatus or appliances.
15 (32) "Practice of master esthetics" means the care of the skin
16 for compensation including all of the methods allowed in the
17 definition of the practice of esthetics. It also includes the
18 performance of medium depth peels and the use of medical devices for
19 care of the skin and permanent hair reduction. The medical devices
20 include, but are not limited to, lasers, light, radio frequency,
21 plasma, intense pulsed light, and ultrasound. The use of a medical
22 device must comply with state law and rules, including any laws or
23 rules that require delegation or supervision by a licensed health
24 professional acting within the scope of practice of that health
25 profession.
26 (33) "Salon/shop" means any building, structure, or any part
27 thereof, other than a school, where the commercial practice of
28 cosmetology, barbering, hair design, esthetics, master esthetics, or
29 manicuring is conducted; provided that any person, except employees
30 of a salon/shop, who operates from a salon/shop is required to meet
31 all salon/shop licensing requirements and may participate in the
32 apprenticeship program when certified as established by the
33 Washington state apprenticeship and training council established in
34 chapter 49.04 RCW.
35 (34) "School" means any establishment that offers curriculum of
36 instruction in the practice of cosmetology, hair design, barbering,
37 esthetics, master esthetics, manicuring, permanent cosmetics,
38 enhanced permanent cosmetics, corrective enhanced permanent
39 cosmetics, or instructor-trainee to students, including permanent
40 cosmetics programs, and is licensed under this chapter.
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 1 (35) "Student" means ((a)): (a) A person ((sixteen)) 16 years of
2 age or older who is enrolled in a school licensed under this chapter
3 and receives instruction in any of the curricula of cosmetology,
4 barbering, hair design, esthetics, master esthetics, manicuring, or
5 instructor-training with or without tuition, fee, or cost, and who
6 does not receive any wage or commission; and (b) for permanent
7 cosmetics, enhanced permanent cosmetics, and corrective enhanced
8 permanent cosmetics, a person (i)(A) 18 years of age or older who is
9 enrolled in a school licensed under this chapter, including a
10 permanent cosmetics program, or (B) 16 years of age or older who is
11 enrolled in a school licensed under this chapter which is recognized
12 as an approved vocational education program by the department of
13