HB70INTRODUCED
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HB70
Y9HGN6N-1
By Representative Givan
RFD: Boards, Agencies and Commissions
First Read: 04-Feb-25
PFD: 04-Dec-24
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6 Y9HGN6N-1 11/20/2024 KMS (L)lg 2024-2721
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PFD: 04-Dec-24
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 esthetician/makeup artists by the board,
would provide for certain exemptions, and would specify
qualifications for licensing.
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-25,
Code of Alabama 1975; to define esthetics/makeup application,
esthetition/makeup artists, and makeup application; to provide
further for exemptions; to require registration with the board
by October 1, 2025; and to add Section 34-7B-22.1 to the Code
of Alabama 1975, to provide for licensing qualifications.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 34-7B-1, 34-7B-13, and 34-7B-25 of
the Code of Alabama 1975, are amended to read as follows:
"§34-7B-1
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"§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 years, in a shop
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,
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
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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,
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
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(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) ESTHETICIAN/MAKEUP ARTIST. Any person, other than a
student or apprentice, who performs a combination of the
practices of esthetics and makeup application on the general
public for compensation, and who shall satisfy the
qualifications and licensure requirements provided in this
article for an esthetician/makeup artist.
(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.
(11) ESTHETICS/MAKEUP APPLICATION. A combination of the
practices of esthetics and makeup application.
(10)(12) ESTHETICS/MANICURE. A combination of the
practices of esthetics and manicure.
(11)(13) 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)(14) 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.
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continuing education.
(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
cosmetic preparations and other cosmetic products to the skin,
eyebrows, and lashes of the faces and necks of the general
public for compensation.
(15)(18) 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)(20) 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)(19) MANICURE/WAXING. A combination of the
practices of manicure and waxing.
(18)(21) 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)(22) NATURAL HAIR STYLING. The practice of
cleansing, weaving or interweaving, extending, locking,
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cleansing, weaving or interweaving, extending, locking,
braiding, or arranging the hair without cutting, coloring,
permanent waving, relaxing, removing, or chemical treatments.
(20)(23) 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
article for a natural hairstylist.
(21)(24) SCHOOL. An establishment licensed or
registered by the board to teach any or all of the practices
of barbering or cosmetology.
(22)(25) 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)(26) 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)(27) 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.
(25)(28) THREADING. The practice of eyebrow removal
with the use of a loop made of cotton or any other material.
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with the use of a loop made of cotton or any other material.
(26)(29) 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
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
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governing body of the county or municipality, to come under
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-25
(a) Threaders shall register with the board and pay an
original license fee by January 28, 2014. Any person licensed
pursuant to this section subsection shall be subject to this
chapter and rules adopted by the board , including, but not
limited to, shop requirements, sanitation procedures, and
license renewal.
(b) An esthetician/makeup artist shall register with
the board and pay an original license fee commencing on
October 1, 2025. Any person licensed pursuant to this
subsection shall be subject to this chapter and rules adopted
by the board including, but not limited to, shop requirements,
sanitation procedures, and license renewal. "
Section 2. Section 34-7B-22.1 is added to the Code of
Alabama 1975, to read as follows:
§34-7B-22.1
(a) No person may be admitted to an examination or
licensed as an esthetician/makeup artist unless he or she
holds a license as an esthetician and has successfully
completed at least 500 clock hours of skin care fundamentals
instruction in a licensed or registered school of cosmetology
or 500 clock hours of skin care fundamentals instruction in a
licensed or registered school of esthetics under this chapter.
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licensed or registered school of esthetics under this chapter.
(b) Any applicant who satisfies the qualifications in
subsection (a), pays any applicable examination fee,
successfully completes the examination, and pays the license
fee shall be issued an esthetician/makeup artist license.
Section 3. This act shall become effective on June 1,
2025.
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