HB404INTRODUCED
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HB404
SLLCP85-1
By Representative Givan
RFD: Boards, Agencies and Commissions
First Read: 06-Mar-25
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5 SLLCP85-1 03/06/2025 KMS (L)cr 2025-1185
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First Read: 06-Mar-25
SYNOPSIS:
Under existing law, the Alabama Board of
Cosmetology and Barbering is responsible for licensing
and regulating cosmetologists, barbers, estheticians,
manicurists, and other practitioners of beauty culture.
This bill would provide for the licensing and
regulation of makeup artists and the permitting of
lash/brow artists by the board.
This bill would provide for certain exemptions
and would authorize the operation of mobile studios.
This bill would also specify qualifications for
licensing and would provide qualifications for
grandfathering.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Board of Cosmetology and
Barbering; to amend Sections 34-7B-1, 34-7B-13, and 34-7B-30,
Code of Alabama 1975; to provide further for definitions; to
provide further for exemptions; to authorize the operation of
mobile studios; to add Section 34-7B-25.1 to the Code of
Alabama 1975, to provide for the qualifications, licensing,
and grandfathering of makeup artists; and to add Section
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and grandfathering of makeup artists; and to add Section
34-7B-25.2 to the Code of Alabama 1975, to provide for the
qualifications and permitting of lash/brow artists.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 34-7B-1, 34-7B-13, and 34-7B-30 of
the Code of Alabama 1975, are amended to read as follows:
"§34-7B-1
For the purposes of this chapter, the following terms
shall have the following meanings:
(1) APPRENTICE. Any person engaged in learning the
practices defined in this article including, but not limited
to, assisting in the performance of any acts of barbering or
cosmetology on the general public under the constant and
direct supervision of a person who has held a valid current
license issued by the board for at least five two years, in a
shop or studio licensed by the board.
(2) BARBERING. The occupation of shaving or trimming
the beard, cutting or dressing the hair, giving facial or
scalp massages, giving facial or scalp treatment with oils or
creams or other preparations made for that purpose, either by
hand or by means of mechanical appliances, singeing and
shampooing the hair, dyeing the hair, or permanently waving or
straightening the hair of any living or deceased person for
compensation, as performed by a Class 2 barber.
(3) BOARD. The Alabama Board of Cosmetology and
Barbering.
(4) CLASS 1 BARBER. A person who only does the
following in his or her ordinary course of business: Arranges,
cleans, cuts, or singes the hair of any person or massages,
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cleans, cuts, or singes the hair of any person or massages,
cleans, stimulates, exercises, or does similar work on the
scalp, face, or neck of any person with the hands, or with
mechanical or electrical apparatus or appliance, or by the use
of cosmetic preparations, antiseptics, tonics, lotions, or
creams. Any one or a combination of the following practices,
when done upon the human body above the seventh cervical
vertebra for cosmetic purposes and not for the treatment of
disease or physical or mental ailments, and when done for
payment, directly or indirectly or without payment for the
public generally: Shaving or trimming the beard or trimming
the hair.
(5) CLASS 2 BARBER. Any person, other than a student or
apprentice, who performs barbering on the general public for
compensation, and who shall satisfy the qualifications and
licensure requirements provided in this chapter for a Class 2
barber. For the purposes of this chapter, the term barber,
standing alone, shall be deemed a reference to a Class 2
barber.
(6) COSMETOLOGIST. Any person, other than a student or
apprentice, who performs cosmetology on the general public for
compensation, and who shall satisfy the qualifications and
licensure requirements provided in this article for a
cosmetologist.
(7) COSMETOLOGY. Any of the practices generally
recognized as beauty culture, hairdressing, or any other
designation engaged in by any person who performs such on the
general public for compensation including, but not limited to,
cleansing, singeing, cutting, arranging, dressing, curling,
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cleansing, singeing, cutting, arranging, dressing, curling,
braiding, waxing, bleaching, weaving, coloring the hair by
hand or mechanical apparatus, the use of creams, lotions, or
cosmetic preparations, with or without massage, on the scalp,
face, arms, legs, feet, or hands, esthetics practices, nail
technology, manicure, pedicure, or desairology.
(8) ESTHETICIAN. Any person, other than a student or
apprentice, who performs esthetics on the general public for
compensation, and who shall satisfy the qualifications and
licensure requirements provided in this article for an
esthetician.
(9)(10) ESTHETICS. The practice of performing acts of
skin care including, but not limited to, facials, body waxing,
makeup application, and general esthetics procedures on the
general public for compensation.
(10)(11) ESTHETICS/MANICURE. A combination of the
practices of esthetics and manicure.
(11)(9) ESTHETICIAN/MANICURIST. Any person, other than
a student or apprentice, who performs a combination of the
practices of esthetics and manicure on the general public for
compensation, and who shall satisfy the qualifications and
licensure requirements provided in this article for an
esthetician/manicurist.
(12) INSTRUCTOR. A licensee who teaches in a licensed
or registered school of barbering or any branch of cosmetology
and completes any applicable requirements for continuing
education.
(13) LASH/BROW APPLICATION. The practice of performing
temporary, semi-permanent lash application services including,
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temporary, semi-permanent lash application services including,
but not limited to, strip lashes, cluster lashes, individual
and single lashes, lash extensions, brow tint, brow
laminations, brow wax, brow arch, brow extensions, brow
threading, and lash lift. The term does not include
microblading, microshading, or microfeathering.
(14) LASH/BROW ARTIST. Any person, other than a student
or apprentice, who performs lash/brow application services on
the general public for compensation and who shall satisfy the
qualifications and permitting requirements provided in this
article for a lash/brow artist.
(13)(15) LICENSE. A document issued by the board which
entitles the holder to practice the profession listed on the
document.
(14)(16) LICENSEE. Any person holding a license issued
pursuant to this article.
(17) MAKEUP APPLICATION. The practice of applying
professional beauty and cosmetic preparations and products to
the skin, eyebrows, and lashes of the faces and necks of the
general public for compensation to enhance, alter, or
transform a person's appearance including, but not limited to,
manual makeup applications, airbrush application, temporary
and semi-permanent false lash application including lash lift,
strip lash, individual lash, single lash, cluster lash, lash
extensions, lash tint, brow tint, brow wax, brow arch, face
wax, chin wax, upper lip wax, brow threading, brow lamination,
prosthetic, special effects, and desairology.
(18) MAKEUP ARTIST. Any person, other than a student or
apprentice, who performs makeup application on the general
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apprentice, who performs makeup application on the general
public for compensation, and who shall satisfy the
qualifications and licensing requirements provided in this
article for a makeup artist.
(15)(19) MANICURE. The practice of beautifying or
grooming the fingernails, toenails, adding nail tips,
extensions, gels, or massaging the hands, forearms, feet, or
lower legs of the general public for compensation.
(16)(21) MANICURIST. Any person, other than a student
or apprentice, who performs the practice of manicure on the
general public for compensation, and who shall satisfy the
qualifications and licensure requirements provided in this
article for a manicurist.
(17)(20) MANICURE/WAXING. A combination of the
practices of manicure and waxing.
(18)(22) MANICURIST/WAXER. Any person, other than a
student or apprentice, who performs a combination of the
practices of manicure and waxing on the general public for
compensation, and who shall satisfy the qualifications and
licensure requirements provided in this article for a
manicurist/waxer.
(19)(23) NATURAL HAIR STYLING. The practice of
cleansing, weaving or interweaving, extending, locking,
braiding, or arranging the hair without cutting, coloring,
permanent waving, relaxing, removing, or chemical treatments.
(20)(24) NATURAL HAIRSTYLIST. Any person, other than a
student, who performs natural hair styling on the general
public for compensation, and who shall satisfy the
qualifications and licensure requirements provided in this
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qualifications and licensure requirements provided in this
article for a natural hairstylist.
(21)(25) SCHOOL. An establishment licensed or
registered by the board to teach any or all of the practices
of barbering or cosmetology.
(22)(26) SHAMPOO ASSISTANT. Any person who is licensed
to perform only the practices of shampooing, cleansing, or
applying temporary weekly color rinses to the hair of the
general public for compensation, and who shall satisfy the
qualifications and licensure requirements provided in this
article for a shampoo assistant.
(23)(27) SHOP. Any place where barbering or cosmetology
is practiced including, but not limited to, a mobile salon.
Only a properly licensed person, who is not an apprentice or a
student, may operate a shop.
(24)(28) STUDENT. Any person who is engaged in learning
any practice regulated by this article in a school licensed or
registered pursuant to this article, and who, as part of the
learning process, performs or assists in any practice
regulated by this article under the immediate supervision of
an instructor who is licensed pursuant to this article.
(29) STUDIO. Any place where makeup, brow, lash, or
other esthetics services are practiced including, but not
limited to, a mobile studio or salon. Only a properly licensed
person, who is not an apprentice or student, may operate a
studio or salon.
(25)(31) THREADING. The practice of eyebrow removal
with the use of a loop made of cotton or any other material.
(26)(30) THREADER. Any person engaged in the practice
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(26)(30) THREADER. Any person engaged in the practice
of threading on the general public for compensation, and who
shall satisfy the qualifications and licensure requirements
provided in this article for a threader."
"§34-7B-13
This chapter does not apply to any of the following
persons, activities, or services:
(1) Service in the case of emergency or domestic
upheaval, without compensation.
(2) Licensed medical professionals operating within the
scope of their normal practice.
(3) Personnel of the United States armed services Armed
Services performing their ordinary duties.
(4) Any public trade school or other public school or
school program under the purview of the State Board of
Education or a local board of education.
(5) Any person who only occasionally dresses hair and
receives no compensation therefor, or does any other act or
thing mentioned in this chapter, without holding himself or
herself out to the public as a provider of any practices
defined in this chapter for compensation.
(6) Departments in retail establishments where
cosmetics are demonstrated and offered for sale but where no
other acts of cosmetology or barbering are performed.
(7) The licensees of any county or municipal barber
board or commission in existence on August 1, 2013, unless
such board or commission elects, by resolution adopted by the
governing body of the county or municipality, to come under
the provisions of this chapter.
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the provisions of this chapter.
(8) Any person who practices as a Class 1 barber.
(9) Any person who works exclusively under contract
with the International Alliance of Theatrical Stage Employees
(IATSE), or its successor organization. "
"§34-7B-30
(a)(1) Beginning January 1, 2022, the The board may
issue a license for the operation of a mobile salon or mobile
studio to an applicant who submits an application on a form
approved by the board, pays required fees as determined by
rule of the board, and is in compliance with this chapter
article.
(2) Requirements that apply to a shop under this
chapter article shall apply to mobile salons, except to the
extent that the requirements conflict with rules adopted by
the board under subsection (b).
(b) By January 1, 2022, the The board shall adopt rules
to implement this section including, but not limited to, the
establishment of fees and minimum specifications for the
facilities, technical equipment, environment, supplies,
personnel, operation, ownership, and procedures for the
operation of mobile salons and mobile studios ."
Section 2. Sections 34-7B-25.1 and 34-7B-25.2 are added
to the Code of Alabama 1975, to read as follows:
§34-7B-25.1
(a) Subject to subsection (c), no person may be
admitted to an examination or licensed as a makeup artist
unless he or she satisfies all of the following
qualifications:
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qualifications:
(1) Is at least 16 years of age.
(2) Has successfully completed at least 10 grades in
secondary school, or the equivalent.
(3) Has successfully completed one, or a combination
of, the following:
a. At least 300 clock hours of makeup application
instruction in a school licensed or registered under this
chapter or on courses reported in credit hours. Credit hour
programs shall be reviewed and approved by the board as
satisfying licensure requirements.
b. At least 600 hours in a shop or studio, over a
period of two years and not exceeding eight hours a day or 48
hours a week, under the immediate supervision of a makeup
artist, esthetician, or cosmetologist who has been
continuously licensed under this chapter for at least two
years.
(b) Any applicant for a makeup artist license who
satisfies the qualifications in subsection (a), registers with
the board, pays any applicable examination fee, successfully
completes any required examination, and pays an original
license fee shall be issued a makeup artist license. Any
person licensed pursuant to this section shall be subject to
this article and rules adopted by the board including, but not
limited to, shop or studio requirements, sanitation
procedures, and license renewal.
(c) Any person who, on August 1, 2025, has been
professionally applying makeup for at least two years and who
submits proof satisfactory to the board of the following: (i)
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submits proof satisfactory to the board of the following: (i)
maintaining a professional website for at least two years;
(ii) maintaining insurance coverage of a type and in an amount
required by board rule; (iii) completing a 16-hour course
approved and administered by the board or a third-party
provider approved by the board; and (iv) demonstrating
proficiency pursuant to a skills examination administered by
the board, upon payment of the applicable license fee by
January 1, 2026, shall be licensed by the board as a makeup
artist under this section.
§34-7B-25.2
(a) Subject to subsection (c), no person may be
admitted to an examination or issued a permit as a lash/brow
artist unless he or she possesses all the following
qualifications:
(1) Is at least 16 years of age.
(2) Has successfully completed at least 10 grades in
secondary school, or the equivalent.
(3) Has successfully completed one, or a combination
of, the following:
a. At least 250 clock hours of lash and brow
application instruction in a school licensed or registered
under this chapter or on courses reported in credit hours.
Credit hour programs shall be reviewed and approved by the
board as satisfying permitting requirements.
b. At least 500 hours in a shop or studio, over a
period of two years and not exceeding eight hours a day or 48
hours a week, under the immediate supervision of a makeup
artist, cosmetologist, esthetician, or lash/brow artist who
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artist, cosmetologist, esthetician, or lash/brow artist who
has been continuously licensed under this article for at least
two years.
(b) Any applicant for a lash/brow permit who satisfies
the qualifications in subsection (a), registers with the
board, pays any applicable examination fee, successfully
completes any required examination, and pays an original
license fee shall be issued a lash/brow artist permit. Any
person permitted as a lash/brow artist pursuant to this
section shall be subject to this article and rules adopted by
the board including, but not limited to, shop or studio
requirements, sanitation procedures, and permit renewal.
(c) Any person who, on August 1, 2025, has been
professionally engaging in lash/brow application for at least
two years and who submits proof satisfactory to the board of
the following: (i) maintaining a professional website for at
least two years; (ii) maintaining insurance coverage of a type
and in an amount required by board rule; (iii) completing a
16-hour course approved and administered by the board or a
third-party provider approved by the board; and (iv)
demonstrating proficiency pursuant to a skills examination
administered by the board, upon payment of the applicable
license fee by January 1, 2026, shall be issued a permit by
the board as a lash/brow artist under this section.
Section 3. This act shall become effective on August 1,
2025.
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