SLS 20RS-498 ORIGINAL 2020 Regular Session SENATE BILL NO. 288 BY SENATORS BARROW AND PETERSON COSMETOLOGY. Provides for La. State Board of Cosmetology and the practice of natural hair braiding. (2/3 - CA7s2.1(A)) (8/1/20) 1 AN ACT 2 To amend and reenact R.S. 37:595(B)(1) and 563(13), (14), (15), (16), (17) and the 3 introductory paragraphs of R.S. 37:600(A) and (B), and to enact R.S. 37:563(18), 4 (19), (20), (21) and 588, relative to cosmetology; to provide for the licensing of 5 persons engaged in natural hair braiding; to provide for schools to conduct 6 instruction on the practice of alternative hair design; to provide for disciplinary 7 actions by the Louisiana State Board of Cosmetology; and to provide for related 8 matters. 9 Be it enacted by the Legislature of Louisiana: 10 Section 1. R.S. 37:595(B)(1) and 563(13), (14), (15), (16), (17) and the introductory 11 paragraphs of R.S. 37:600(A) and (B) are hereby amended and reenacted and R.S. 12 37:563(18), (19), (20), (21) and 588 are hereby enacted to read as follows: 13 §595. Requirements for schools 14 * * * 15 B. All registered cosmetology schools may offer one or more of the following 16 courses, and postsecondary schools shall offer one or more of the following courses 17 only as a postsecondary educational program: Page 1 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 288 SLS 20RS-498 ORIGINAL 1 (1) A course of practical training and technical instruction extending over a 2 period of not less than nine consecutive months and including not less than fifteen 3 hundred hours for the basic course of cosmetology leading to a cosmetology 4 certificate sufficient to apply for licensure as a cosmetologist. The course of study 5 shall include lectures, discussion, instructions, and mechanical application of 6 cosmetology practice and shall include instruction on the practice of alternative 7 hair design including natural hair braiding. 8 * * * 9 §563. Definitions 10 As used in this Chapter, the following words shall have the meaning herein 11 ascribed to them, unless the content clearly otherwise indicates: 12 * * * 13 (13) "Mechanical devices" are clips, combs, crochet hooks, curlers, 14 curling irons, hairpins, rollers, scissors, blunt-tipped needles, thread, and hair 15 binders. 16 (14) "Mobile salon" means a self-contained facility, where cosmetology is 17 practiced for a fee, that may be moved, towed, or transported from one location to 18 another. 19 (15) "Natural hair braider" is any person who engages in natural hair 20 braiding. 21 (16) "Natural hair braiding" means the twisting, wrapping, weaving, 22 extending, locking, or braiding of hair by hand or with mechanical devices. 23 Natural hair braiding includes all of the following: 24 (a) The use of natural or synthetic hair extensions, natural or synthetic 25 hair and fibers, decorative beads, and other hair accessories. 26 (b) Minor trimming of natural hair or hair extensions incidental to 27 twisting, wrapping, weaving, extending, locking, or braiding hair. 28 (c) The making of wigs from natural hair, natural fibers, synthetic fibers, 29 and hair extensions. Page 2 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 288 SLS 20RS-498 ORIGINAL 1 (d) The use of topical agents such as conditioners, gels, moisturizers, oils, 2 pomades, and shampoos in conjunction with performing any action as described 3 in this Paragraph. 4 (17) "Natural hair braiding service" means any service performed by a 5 natural hair braider engaged in the practice of natural hair braiding as defined 6 in this Section. 7 (14)(18) "Satellite classroom" means a separate classroom location used as 8 supplemental training space located under the same roof of the main school building 9 or on the same campus as the administrative center and within at least three hundred 10 feet of the main school building for the purpose of training an overflow of students 11 who cannot be accommodated at the main school. 12 (15)(19) "School" means any premises wherein cosmetology is taught. 13 (16)(20) "Student" means a person registered in a school authorized by the 14 board to teach cosmetology. 15 (17)(21) "Teacher" or "instructor" means a person who teaches cosmetology 16 for direct or indirect compensation, within a school. 17 * * * 18 §588. Natural hair braiding; permit required; continuing education 19 A. No person shall engage in natural hair braiding without first 20 satisfying all of the following requirements: 21 (1) The person is at least sixteen years of age. 22 (2) The person has the equivalent training contemplated in the 23 satisfactory completion of the tenth grade from an approved high school. 24 (3) The person has completed a minimum of one thousand hours of 25 instruction from an approved training program. 26 (4) The person pays the appropriate fee as provided in R.S. 37:599. 27 B. Upon completion of the requirements contained in Subsection A of 28 this Section, the board shall issue a permit to the person to perform natural hair 29 braiding services. Page 3 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 288 SLS 20RS-498 ORIGINAL 1 C.(1) Each year any person who is permitted to engage in natural hair 2 braiding shall provide proof to the board of the completion of twenty-four hours 3 of continuing education classes. Theses classes shall be approved by the board. 4 (2) Failure to satisfy the requirements of Paragraph (1) of this 5 Subsection shall subject the violator to fines as provided in R.S. 37:601. 6 D. The board shall adopt rules pursuant to the Administrative Procedure 7 Act as necessary to implement the provisions of this Section. 8 * * * 9 §600. Grounds for denial, suspension, summary suspension, or revocation of a 10 certificate of registration; permit 11 A. The board may deny the issuance of, suspend, revoke, or refuse to renew 12 any certificate of registration or permit or place on probation any registrant or 13 permittee, after notice and opportunity for hearing pursuant to the Administrative 14 Procedure Act, upon proof of any of the following: 15 * * * 16 B. The board may immediately suspend the certificate of registration or 17 permit whenever the cause upon which a hearing is held involves either or both of 18 the following: 19 * * * The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Thomas L. Tyler. DIGEST SB 288 Original 2020 Regular Session Barrow Proposed law, relative to the Louisiana State Board of Cosmetology, defines "natural hair braiding" as the twisting, wrapping, weaving, extending, locking, or braiding of hair by hand or with mechanical devices. Provides that "natural hair braiding" includes all of the following: (1)The use of natural or synthetic hair extensions, natural or synthetic hair and fibers, decorative beads, and other hair accessories. (2)Minor trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking, or braiding hair. (3)The making of wigs from natural hair, natural fibers, synthetic fibers, and hair extensions. Page 4 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 288 SLS 20RS-498 ORIGINAL (4)The use of topical agents such as conditioners, gels, moisturizers, oils, pomades, and shampoos in conjunction with performing any action involving proposed law. Proposed law defines a "natural hair braiding service" as any service performed by a natural hair braider engaged in the practice of natural hair braiding as defined in proposed law. Defines "mechanical devices" as clips, combs, crochet hooks, curlers, curling irons, hairpins, rollers, scissors, blunt-tipped needles, thread, and hair binders. Proposed law prohibits any person from engaging in natural hair braiding without first complying with all of the following requirements: (1)The person is at least 16 years of age. (2)The person has the equivalent training contemplated in the satisfactory completion of the 10th from an approved high school. (3)The person has completed a minimum of 1,000 hours of instruction from an approved training program. (4)The person pays the appropriate fee provided by law. Proposed law requires the Board to issue a permit to a person to perform natural hair braiding services after completion of all legal requirements. Proposed law requires persons engaged in natural hair braiding to complete 24 hours of continuing education classes each year and to provide proof of completion to the board and that persons failing to complete this 24 hour will be subject to fines as provided by law. Requires that classed be approved by the Board. Requires the Board to adopt rules pursuant to the Administrative Procedure Act (APA) to implement proposed law. Present law authorizes the Board to deny the issuance of, suspend, revoke, or refuse to renew any certificate of registration or place on probation any registrant, after notice and opportunity for hearing pursuant to the APA, for specific violations enumerated in present law. Proposed law retains present law but includes authority to deny the issuance of, suspend, revoke, or refuse to renew any permit or place on probation any permittee who violates provisions in present law. Present law authorizes the Board to immediately suspend a certificate of registration whenever the cause upon which a hearing is held involves conviction of a felony or the continued practice by a person with an infectious or contagious condition or disease or mental illness which interferes with the person's ability to practice. Proposed law retains present law but includes suspension of a permit under the same conditions in present law. Present law authorizes registered cosmetology schools to offer one or more courses, and postsecondary schools to offer one or more courses as a postsecondary educational program in the practical training and training and technical instruction extending over a period of not less than nine consecutive months and including not less than 1,500 hours for the basic course of cosmetology leading to a cosmetology certificate sufficient to apply for licensure as a cosmetologist. Proposed law retains present law and requires that a course of study include instruction on Page 5 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 288 SLS 20RS-498 ORIGINAL the practice of alternative hair design including natural hair braiding. Effective August 1, 2020. (Amends R.S. 37:595(B)(1) and 563(13), (14), (15), (16), (17), 600(A)(intro para) and (B)(intro para); adds R.S. 37:563(18), (19), (20), (21) and 588)) Page 6 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.