Bill Summary – FastDemocracy

67th Legislature                                                                                                  HB 593.1
                                                   HOUSE BILL NO. 593
                                          INTRODUCED BY K. SEEKINS-CROWE
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   A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING BARBERING AND COSMETOLOGY
   LAWS; REVISING MEMBERSHIP OF THE BOARD OF BARBERS AND COSMETOLOGISTS; PROVIDING
   FOR A MASTER ESTHETICS LICENSE; REVISING THE RULEMAKING AUTHORITY OF THE BOARD OF
   BARBERS AND COSMETOLOGISTS; REVISING REQUIREMENTS TO HOLD A LICENSE; REVISING
   REQUIREMENTS FOR SCHOOLS AND TEACHERS; DEFINING TERMS; REVISING CERTAIN
   QUALIFICATIONS FOR LICENSEES AND TEACHERS; PROVIDING FOR A TRANSITION; PROVIDING
   RULEMAKING AUTHORITY; AMENDING SECTIONS 2-15-1747, 37-31-101, 37-31-103, 37-31-203, 37-31-
   301, 37-31-302, 37-31-303, 37-31-304, 37-31-305, 37-31-308, 37-31-311, 37-31-312, 37-31-323, 37-31-331,
   37-33-404, AND 49-2-101, MCA; AND PROVIDING EFFECTIVE DATES.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              Section 1. Section 2-15-1747, MCA, is amended to read:
              "2-15-1747. Board of barbers and cosmetologists. (1) There is a board of barbers and
   cosmetologists.
              (2)   The board consists of nine members appointed by the governor with the consent of the senate
   and must include:
              (a)   three two licensed cosmetologists each of whom has been a resident of this state for at least 5
   years and has been actively engaged in the profession of cosmetology for at least 5 years immediately prior to
   being appointed to the board;
              (b)   one member licensed esthetician or master esthetician who has been a resident of this state for at
   least 5 years and has been actively engaged as a licensed electrologist, esthetician, or manicurist in the
   profession of esthetics for at least 5 years immediately prior to being appointed to the board;
              (c)   three two licensed barbers or barbers nonchemical, each of whom has been a resident of this
   state for at least 5 years and has been actively engaged in the profession of barbering for at least 5 years
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   immediately prior to appointment to the board; and
              (d)   one licensed manicurist who has been a resident of this state for at least 5 years and has been
   actively engaged in the profession of manicuring for at least 5 years immediately prior to being appointed to the
   board;
              (e)   one member, either licensed or not licensed under this chapter, who is affiliated with a school for
   at least 5 years immediately prior to being appointed to the board; and
              (d) (f)   two members of the public who are not engaged in the practice of barbering, cosmetology,
   electrology, esthetics, or manicuring licensed under this chapter.
              (3)   Two members of the board must be affiliated with a school.
              (4)   (a) If there is not a licensed barber, or a barber nonchemical, esthetician, or manicurist who is
   qualified and willing to serve on the board in one of the three positions under subsection (2)(c) subsections
   (2)(a), (2)(b), (2)(c), and (2)(d), the governor may appoint a cosmetologist, electrologist, esthetician, or
   manicurist otherwise qualified under this section to fill the position.
              (b)   If there is not a licensed cosmetologist qualified and willing to serve on the board in one of the
   three positions under subsection (2)(a), the governor may appoint a barber, barber nonchemical, electrologist,
   master esthetician, or manicurist, or member affiliated with a school or otherwise qualified under this section to
   fill the position.
              (5) (4)   Each member shall serve for a term of up to 5 years. The terms must be staggered.
              (6) (5)   The board is allocated to the department for administrative purposes only as prescribed in 2-
   15-121."
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              Section 2. Section 37-31-101, MCA, is amended to read:
              "37-31-101. Definitions. Unless the context requires otherwise, in this chapter, the following
   definitions apply:
              (1)   "Affiliated" is an individual who owns more than 20% of or is employed 32 hours or more weekly at
   a school licensed under this chapter.
              (2)   “Barber” means a person licensed under this chapter to engage in the practice of barbering.
              (3)   "Barbering" means any of the following practices performed for payment, either directly or
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   indirectly, on the human body for tonsorial purposes and not performed for the treatment of disease or physical
   or mental ailments:
              (a)   shaving or trimming a beard;
              (b)   cutting, styling, coloring, or waving hair;
              (c)   straightening hair by the use of chemicals;
              (d)   giving facial or scalp massages, including treatment with oils, creams, lotions, or other
   preparations applied by hand or mechanical appliance;
              (e)   shampooing hair, applying hair tonic, or bleaching or highlighting hair; or
              (f)   applying cosmetic preparations, antiseptics, powders, oils, lotions, or gels to the scalp, face,
   hands, or neck.
              (4)   “Barber nonchemical” means a person licensed under this chapter to engage in the practice of
   nonchemical barbering.
              (5)   “Barbering nonchemical" means the practice or teaching of barbering as provided in subsection (3)
   but excludes the use of chemicals to wave, straighten, color, bleach, or highlight hair.
              (1) (6)    "Board" means the board of barbers and cosmetologists provided for in 2-15-1747.
              (2) (7)    "Booth" means any part of a salon or shop that is rented or leased for the performance of
   barbering, barbering nonchemical, cosmetology, electrology, esthetics, or manicuring services, as specified
   provided for in 39-51-204.
              (8)   “Cosmetologist” means a person licensed under this chapter to engage in the practice of
   cosmetology.
              (9)   (a) "Cosmetology" means work included in the terms "hairdressing", "manicuring", "esthetics", and
   "beauty culture" when the work is done for the embellishment, cleanliness, and beautification of the hair and
   body.
              (b)   The term may not be construed to include itinerant cosmetologists who perform their services
   without compensation for demonstration purposes in any regularly established store or place of business
   holding a license from the state as a store or place of business.
              (3) (10)    "Department" means the department of labor and industry provided for in Title 2, chapter 15,
   part 17.
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              (4) (11)    (a) "Electrology" means the study of and the professional practice of permanently removing
   superfluous hair by destroying the hair roots through passage of an electric current with an electrified needle.
   Electrology includes electrolysis and thermolysis. Electrology may include the use of waxes for epilation and the
   use of chemical depilatories.
              (b)    Electrology The term does not include pilethermology, which is the study and professional practice
   of removing superfluous hair by passage of radio frequency energy with electronic tweezers and similar
   devices.
              (12)    "Electrologist" means a person licensed under this chapter to engage in the practice of
   electrology.
              (5) (13)    "Esthetician" means a person licensed under this chapter to engage in the practice of
   esthetics.
              (6) (14)    "Esthetics" means skin care of the body, including but not limited to hot compresses or the
   use of safety-approved electrical appliances or chemical compounds formulated for professional application
   only and the temporary removal of superfluous hair by means of lotions, creams, or mechanical or electrical
   apparatus or appliances on another person.
              (15)    "Instructor" or "teacher" means a person licensed under 37-31-303.
              (7) (16)    "Manicuring" includes care of the nails, the hands, the lower arms, the feet, and the lower legs
   and the application and maintenance of artificial nails.
              (17) “Manicurist” means a person licensed under this chapter to engage in the practice of manicuring.
              (18) "Master esthetician" means a person who is licensed under this chapter to practice master
   esthetics.
              (19) "Master esthetics" means procedures outside the scope of practice of a cosmetologist or
   esthetician that involve care of the skin through advanced nonablative procedures that use chemical,
   mechanical, laser, or heat modality, or a combination of modalities.
              (20) "Nonablative" means involving an action performed on the skin or hair of a person that does not
   result in wounding, scarring, or altering scars of the skin or underlying tissue.
              (8) (21)    "Place of residence" means a home and the following residences defined under 50-5-101:
              (a)    an assisted living facility;
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              (b)   an intermediate care facility for the developmentally disabled;
              (c)   a hospice;
              (d)   a critical access hospital;
              (e)   a long-term care facility; or
              (f)   a residential treatment facility.
              (9)   "Practice or teaching of barbering" means any of the following practices performed for payment,
   either directly or indirectly, upon the human body for tonsorial purposes and not performed for the treatment of
   disease or physical or mental ailments:
              (a)   shaving or trimming a beard;
              (b)   cutting, styling, coloring, or waving hair;
              (c)   straightening hair by the use of chemicals;
              (d)   giving facial or scalp massages, including treatment with oils, creams, lotions, or other
   preparations applied by hand or mechanical appliance;
              (e)   shampooing hair, applying hair tonic, or bleaching or highlighting hair; or
              (f)   applying cosmetic preparations, antiseptics, powders, oils, lotions, or gels to the scalp, face,
   hands, or neck.
              (10) "Practice or teaching of barbering nonchemical" means the practice or teaching of barbering as
   provided in subsection (9) but excludes the use of chemicals to wave, straighten, color, bleach, or highlight hair.
              (11) (a) "Practice or teaching of cosmetology" means work included in the terms "hairdressing",
   "manicuring", "esthetics", and "beauty culture" and performed in salons or shops, in booths, or by itinerant
   cosmetologists when the work is done for the embellishment, cleanliness, and beautification of the hair and
   body.
              (b)   The practice and teaching of cosmetology may not be construed to include itinerant
   cosmetologists who perform their services without compensation for demonstration purposes in any regularly
   established store or place of business holding a license from the state of Montana as a store or place of
   business.
              (22) (a) “Room” means the physical location in which a master esthetician practices under the
   supervision of a medical practitioner, as defined in 37-2-101.
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              (b) The term does not include a room provided in a place of residence that is used for the purposes of
   master esthetics unless the owner, manager, or operator allows the room to be used for the practice of master
   esthetics to serve nonresidents for compensation, in which case the room must be licensed as a room.
              (12) (23) (a) "Salon or shop" means the physical location in which a person licensed under this
   chapter practices barbering, or barbering nonchemical, cosmetology, electrology, esthetics, master esthetics, or
   manicuring.
              (b)   The term does not include:
              (i) a room provided in a place of residence that is used for the purposes of barbering, or barbering
   nonchemical, cosmetology, electrology, esthetics, master esthetics, or manicuring unless the owner, manager,
   or operator allows the room to be used for the practice of barbering, or barbering nonchemical, or the practice
   of cosmetology, electrology, esthetics, master esthetics, or manicuring to serve nonresidents for compensation,
   in which case the room must be licensed as a salon or a shop; or
              (ii) a room within the practice location of a medical practitioner, as defined in 37-2-101, used for master
   esthetics, if the master esthetician practices under the supervision of the medical practitioner.
              (13) (24) "School" means a program and location approved by the board with respect to its course of
   instruction for training persons for licensure in barbering, barbering nonchemical, cosmetology, electrology,
   esthetics, or manicuring and that meets any other criteria established by the board as provided for in 37-31-
   311.
              (25) “Student teacher” means an individual enrolled in a teacher training course as provided for under
   37-31-301(1)(d).
              (26) "Teacher" means a person licensed under 37-31-305.
              (27) “Teacher training” means a 650-hour course prescribed by the board by rule under this chapter. "
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              Section 3. Section 37-31-103, MCA, is amended to read:
              "37-31-103.   Purpose. It is a matter of legislative policy in the state of Montana that the practice of
   barbering, barbering nonchemical, cosmetology, electrology, esthetics, master esthetics, and manicuring
   affects the public health, safety, and welfare and is subject to regulation and control in order to protect the
   public from unauthorized and unqualified practice."
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              Section 4. Section 37-31-203, MCA, is amended to read:
              "37-31-203. Rulemaking powers. The board shall, prescribe by notice, hearing, and submission of
   views, adopt rules for:
              (1)   the conduct of board business;
              (2)   the qualification and licensure of applicants to practice barbering, barbering nonchemical,
   cosmetology, electrology, esthetics, or manicuring or to teach barbering, barbering nonchemical, cosmetology,
   electrology, esthetics, or manicuring or teach under this chapter;
              (3)   the regulation and instruction of apprentices and students;
              (4)   the conduct of schools of barbering, barbering nonchemical, cosmetology, electrology, esthetics,
   and manicuring for apprentices and students;
              (5)   the qualification and licensure of applicants for booth rental licenses; and
              (6)   generally the conduct of the persons, firms, or corporations affected by this chapter."
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              Section 5. Section 37-31-301, MCA, is amended to read:
              "37-31-301.     Prohibited acts. (1) Without an appropriate license issued under this chapter, it is
   unlawful to:
              (a)   to practice barbering, barbering nonchemical, cosmetology, electrology, esthetics, master
   esthetics, or manicuring for compensation;
              (b)   own, manage, operate, or conduct a school of barbering, barbering nonchemical, cosmetology,
   electrology, esthetics, or manicuring for an unlicensed student to provide services as a barber, a barber
   nonchemical, a cosmetologist, an electrologist, an esthetician, a master esthetician, or a manicurist other than
   in a licensed school;
              (c)   manage or operate a salon or shop or a booth; or to own, manage, or operate a school without a
   license; or
              (d)   to teach in a school of barbering, barbering nonchemical, cosmetology, electrology, esthetics, or
   manicuring other than as a student enrolled in a teacher training course.
              (2)   It is unlawful:
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