HLS 17RS-890 ORIGINAL
2017 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 5
BY REPRESENTATIVE EMERSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LICENSING: Amends and repeals administrative licensing requirements relative to
alternative hair and alternative hair design
1 A CONCURRENT RESOL UTION
2To amend and reenact the Louisiana State Board of Cosmetology rules (LAC 46:XXXI.101
3 and 1101(A)) and to repeal rules (LAC 46:XXXI.1105 and 1107), which provide
4 definitions, a special permit, and a curriculum relative to alternative hair and
5 alternative hair design, and to direct the office of the state register to print the
6 amendments and notice of repeal in the Louisiana Administrative Code.
7 WHEREAS, LAC 46:XXXI.101 defines "alternative hair" and "alternative hair
8design"; and
9 WHEREAS, "alternative hair" means "any hair which is not a person's own hair
10including synthetic hair, wiggery, braids, postich or any applied hair"; and
11 WHEREAS, "alternative hair design" is "the practice of styling hair by twisting,
12wrapping, weaving, extending, locking or braiding the hair by either the use of hands or
13mechanical devices or appliances. The practice of alternative hair design shall include the
14application of antiseptics, powders, oils, clays, lotions or tonics to the alternative hair but
15shall not include the application of dyes, reactive chemicals or other preparations to alter the
16structure or style of the natural hair"; and
17 WHEREAS, LAC 46:XXXI.1101 requires the Louisiana State Board of Cosmetology
18(hereinafter "board") to issue a Special Permit for Alternative Hair Design to any person who
19meets the requirements set forth in the board rules, and according to LAC
2046:XXXI.1105(A), a person who meets the requirements is one "who presents evidence to
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1the board of completion of the alternative hair design curriculum and successfully passes the
2exam administered by the board"; and
3 WHEREAS, LAC 46:XXXI.1105 also authorizes "grandfathering" as it relates to the
4Special Permit for Alternative Hair Design, which provides that "any person who applies for
5a special permit to practice alternative hair design on or before March 30, 2004 who
6satisfactorily demonstrates two years of experience in the practice of alternative hair design
7shall be issued a permit without the necessity of taking the alternative hair design exam"; and
8 WHEREAS, persons issued a permit as provided through the grandfathering clause
9are required to submit documentation, such as certain tax and school documentation attesting
10to the person's satisfactory fulfillment of requirements as prescribed by the board; and
11 WHEREAS, LAC 46:XXXI.1107 establishes the Alternative Hair Design
12Curriculum which contains five hundred hours of required instruction including but not
13limited to the following:
14 "1.History Overview
15 a. Ancient Origins of Braiding
16 b. Traditional Multi-Cultural Braid Styles
17 c. The Multi-Cultural American Hair Experience
18 2. Bacteriology and Sanitation
19 a. Types of Bacteria
20 b. Growth and Reproduction of Bacteria
21 c. Prevention of Infection and Infection Control
22 d. Use of Antiseptics, Disinfectants and Detergents
23 3. Client Consultation
24 4. Hair Types and Hair Structure
25 5. Scalp Diseases and Disorders
26 6. Shampoos, Conditioners, Herbal Treatments and Rinses for Synthetic Hair
27Only
28 7. Braiding and Sculpting
29 8. Louisiana Cosmetology Act and Rules and Regulations"; and
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1 WHEREAS, the definition of "alternative hair design" and the related Special Permit
2for Alternative Hair Design were promulgated by the board in 2003; and
3 WHEREAS, techniques used to create alternative hair designs may be deemed by
4some as African hair braiding or styling, but practitioners and customers are not limited to
5any particular cultural, ethnic, racial, or religious group; and
6 WHEREAS, the practice of alternative hair design is safe, time-tested, and presents
7no significant health or safety risks, because practitioners engaged in alternative hair design
8are not permitted to use "dyes, reactive chemicals, or other preparations to alter the structure
9or style of the natural hair"; and
10 WHEREAS, a 2016 study conducted by the Institute for Justice shows that between
112006 and 2012, the board received no complaints regarding persons practicing alternative
12hair design; and
13 WHEREAS, the same study showed that complaints are generally rare, as licensing
14boards in ten jurisdictions, including Louisiana, received only one hundred thirty complaints
15in seven years, and only six complaints raised concerns of harm to customers, and none of
16the six complaints were verified by respective boards; and
17 WHEREAS, according to the 2010 census, Louisiana had the third highest
18percentage of African American residents in the nation at thirty-two and eight tenths percent,
19and Oklahoma had the twenty-seventh highest percentage at eight and seven tenths percent;
20and WHEREAS, though these statistics illustrate a wide diversity gap between the two
21states, it is interesting to note that with five hundred hours of required instruction, Louisiana
22has the second highest requirement of all fourteen jurisdictions requiring a specified number
23of instruction hours; and
24 WHEREAS, Louisiana follows only Oklahoma which leads with six hundred hours
25of required instruction; and
26 WHEREAS, a total of twenty-one states have enacted laws that exempt alternative
27hair designers from licensing, including South Dakota as recently as February 3, 2017; and
28 WHEREAS, it is reasonable to estimate that thousands of citizens in this state earn
29a living through the practice of alternative hair design; and
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1 WHEREAS, freeing such citizens from strict, unnecessary licensing requirements
2may stimulate economic development through access to lines of credit for the establishment
3of salons and related small business, which in turn may promote increased financial stability
4and economic wellbeing of families; and
5 WHEREAS, due to the lack of risks regarding the health and safety of both the
6practitioner and customer, alternative hair design in the state of Louisiana should be an
7occupational field free of licensing, and appropriately, LAC 46:XXXI.101 and 1101(A)
8should be amended and reenacted and LAC 46:XXXI.1105 and 1107 should be repealed
9with respect to alternative hair and alternative hair design; and
10 WHEREAS, R.S. 49:969 provides that the legislature, by concurrent resolution, may
11suspend, amend, or repeal any rule adopted by a state department, agency, board, or
12commission.
13 THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC
1446:XXXI.101 and 1101(A) are hereby amended and reenacted to read as follows:
15 §101.Definitions
16 A. As used in this Part, the following words shall have the meaning herein
17 ascribed to each, unless the context clearly indicates otherwise.
18 Alternative Hair - any hair which is not a person's own hair including
19 synthetic hair, wiggery, braids, postich or any applied hair.
20 Alternative Hair Design - the practice of styling hair by twisting, wrapping
21 weaving, extending, locking or braiding the hair by either the use of hands or
22 mechanical devices or appliances. The practice of alternative hair design shall
23 include the application of antiseptics, powders, oils, clays, lotions or tonics to the
24 alternative hair but shall not include the application of dyes, reactive chemicals or
25 other preparations to alter the structure or style of the natural hair.
26 Client - a person who receives a cosmetology, esthetics or manicuring
27 service.
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1 Dermis - underlying or inner layer of the skin; the layer below the epidermis;
2 the corium or true skin, including papillary layer, capillaries, tactile corpuscles,
3 melanin (pigment), subcutaneous tissue, adipose or subcutis, arteries and lymphatics.
4 Disposable - an item which cannot be sanitized. All disposable items shall
5 be discarded after a single use. The following items shall be considered disposable:
6 facial tissues, sponges, cloths, extraction tissue, lancets, gloves, wax strips and
7 sticks, tissues, cotton pads and emery boards.
8 Epidermis - the outermost layer of the skin; the outer epithetical portion of
9 the skin including stratum corneous, stratum lucidum, stratum granulosum, stratum
10 spinosum (prickle cell layer), stratum mucosum, and stratum germinativum.
11 Exfoliate or Exfoliation - the process of sloughing off, removing or peeling
12 dead skin cells of the epidermis using chemicals or devices.
13 Natural Hair - any hair which is a person's own which has grown on the
14 person's body and has not been separated from the person's body.
15 Sanitize or Sanitization - the process of using heat, steam or chemicals to
16 destroy microbial life, including highly resistant bacterial endospores. Sanitization
17 shall be performed using EPA registered hospital grade disinfectant or a sterilization
18 device which uses heat or steam in accordance with the manufacturer's instructions.
19 * * *
20 §1101.Special Permits
21 A. Special Permits. The board shall issue the following special permits to
22 any person who meets the requirements set forth in the board's rules:
23 1. alternative hair design;
24 2.1.microdermabrasion;
25 3.2.shampoo assistants; and
26 4.3.make-up artists.
27 * * *
28 THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC
2946:XXXI.1105 and 1107 are hereby repealed in their entirety.
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1 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
2office of the state register and the Louisiana State Board of Cosmetology.
3 BE IT FURTHER RESOLVED that the office of the state register is hereby directed
4to have the amendments to LAC 46:XXXI.101 and 1101(A) and the repeal of LAC
546:XXXI.1105 and 1107 printed and incorporated into the Louisiana Administrative Code
6and to transmit a copy of the revised rules to the Louisiana State Board of Cosmetology.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HCR 5 Original 2017 Regular Session Emerson
Amends LAC 46:XXXI.101 and 1101(A) of the La. State Bd. of Cosmetology (hereinafter
"board") which provide definitions and a special permit relative to "alternative hair" and
"alternative hair design".
Repeals LAC 46:XXXI.1105 and 1107 of the board which provide details for attaining the
special permit and a curriculum relative to alternative hair design.
Directs the La. Register to print the amendments to LAC 46:XXXI.101 and 1101(A) and the
repeal to LAC 46:XXXI.1105 and 1107 in the La. Administrative Code.
(Amends LAC 46:XXXI.101 and 1101(A); Repeals LAC 46:XXXI.1105 and 1107)
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