HLS 25RS-282 ORIGINAL 2025 Regular Session HOUSE CONCURRENT RESOL UTION NO. 4 BY REPRESENTATIVE BILLINGS 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), "Individuals with special permits for alternative hair design shall be Page 1 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-282 ORIGINAL HCR NO. 4 1authorized to provide alternative hair design services only in facilities licensed by the board 2as cosmetology salons"; and 3 WHEREAS, LAC 46:XXXI.1107 establishes the Alternative Hair Design 4Curriculum which contains five hundred hours of required instruction including but not 5limited to the following: 6 "1.History Overview 7 a. Ancient Origins of Braiding 8 b. Traditional Multi-Cultural Braid Styles 9 c. The Multi-Cultural American Hair Experience 10 2. Bacteriology and Sanitation 11 a. Types of Bacteria 12 b. Growth and Reproduction of Bacteria 13 c. Prevention of Infection and Infection Control 14 d. Use of Antiseptics, Disinfectants and Detergents 15 3. Client Consultation 16 4. Hair Types and Hair Structure 17 5. Scalp Diseases and Disorders 18 6. Shampoos, Conditioners, Herbal Treatments and Rinses for Synthetic Hair 19Only 20 7. Braiding and Sculpting 21 8. Louisiana Cosmetology Act and Rules and Regulations"; and 22 WHEREAS, the definition of "alternative hair design" and the related Special Permit 23for Alternative Hair Design were promulgated by the board in 2003; and 24 WHEREAS, techniques used to create alternative hair designs may be deemed by 25some as African hair braiding or styling, but practitioners and customers are not limited to 26any particular cultural, ethnic, racial, or religious group; and 27 WHEREAS, the practice of alternative hair design is safe, time-tested, and presents 28no significant health or safety risks, because practitioners engaged in alternative hair design Page 2 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-282 ORIGINAL HCR NO. 4 1are not permitted to use "dyes, reactive chemicals, or other preparations to alter the structure 2or style of the natural hair"; and 3 WHEREAS, a 2016 study conducted by the Institute for Justice shows that between 42006 and 2012, the board received no complaints regarding persons practicing alternative 5hair design; and 6 WHEREAS, the same study showed that complaints are generally rare, as licensing 7boards in ten jurisdictions, including Louisiana, received only one hundred thirty complaints 8in seven years, and only six complaints raised concerns of harm to customers, and none of 9the six complaints were verified by respective boards; and 10 WHEREAS, according to the 2020 census, Louisiana had the third highest 11percentage of African American residents in the nation at thirty-three and one tenth percent, 12and Oklahoma had the twenty-seventh highest percentage at nine and seven tenths percent; 13and 14 WHEREAS, though these statistics illustrate a wide diversity gap between the two 15states, it is interesting to note that with five hundred hours of required instruction, Louisiana 16has the second highest requirement of all fourteen jurisdictions requiring a specified number 17of instruction hours; and 18 WHEREAS, Louisiana follows only Oklahoma which leads with six hundred hours 19of required instruction; and 20 WHEREAS, it is reasonable to estimate that thousands of citizens in this state earn 21a living through the practice of alternative hair design; and 22 WHEREAS, freeing such citizens from strict, unnecessary licensing requirements 23may stimulate economic development through access to lines of credit for the establishment 24of salons and related small business, which in turn may promote increased financial stability 25and economic well-being of families; and 26 WHEREAS, due to the lack of risks regarding the health and safety of both the 27practitioner and customer, alternative hair design in the state of Louisiana should be an 28occupational field free of licensing, and appropriately, LAC 46:XXXI.101 and 1101(A) Page 3 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-282 ORIGINAL HCR NO. 4 1should be amended and reenacted and LAC 46:XXXI.1105 and 1107 should be repealed 2with respect to alternative hair and alternative hair design; and 3 WHEREAS, R.S. 49:969 provides that the legislature, by concurrent resolution, may 4suspend, amend, or repeal any rule adopted by a state department, agency, board, or 5commission. 6 THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC 746:XXXI.101 and 1101(A) are hereby amended and reenacted to read as follows: 8 §101.Definitions 9 A. As used in this Part, the following words shall have the meaning herein 10 ascribed to each, unless the context clearly indicates otherwise. 11 Alternative Hair - any hair which is not a person's own hair including 12 synthetic hair, wiggery, braids, postich or any applied hair. 13 Alternative Hair Design - the practice of styling hair by twisting, wrapping 14 weaving, extending, locking or braiding the hair by either the use of hands or 15 mechanical devices or appliances. The practice of alternative hair design shall 16 include the application of antiseptics, powders, oils, clays, lotions or tonics to the 17 alternative hair but shall not include the application of dyes, reactive chemicals or 18 other preparations to alter the structure or style of the natural hair. 19 Client - a person who receives a cosmetology, esthetics or manicuring 20 service. 21 Dermaplaning - a technique to exfoliate the epidermis and remove the vellus 22 hair with a bladed tool. 23 Dermis - underlying or inner layer of the skin; the layer below the epidermis; 24 the corium or true skin, including papillary layer, capillaries, tactile corpuscles, 25 melanin (pigment), subcutaneous tissue, adipose or subcutis, arteries and lymphatics. 26 Disposable - an item which cannot be sanitized. All disposable items shall 27 be discarded after a single use. The following items shall be considered disposable: 28 facial tissues, sponges, cloths, extraction tissue, lancets, gloves, wax strips and 29 sticks, tissues, cotton pads and emery boards. Page 4 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-282 ORIGINAL HCR NO. 4 1 Epidermis - the outermost layer of the skin; the outer epithetical portion of 2 the skin including stratum corneous, stratum lucidum, stratum granulosum, stratum 3 spinosum (prickle cell layer), stratum mucosum, and stratum germinativum. 4 Esthetic Services - as defined in R.S. 37:563(8), includes but is not limited 5 to make-up application, facials, superficial chemical peels, dermaplaning, 6 microdermabrasion, nano-needling and other similar services performed on the 7 epidermis. 8 Exfoliate or Exfoliation - the process of sloughing off, removing or peeling 9 dead skin cells of the epidermis using chemicals or devices. 10 Nano-Needling - a non-invasive technique for transdermal serum delivery 11 performed using a skin needling device which does not penetrate beyond the 12 epidermis of more than .25 mm of the outmost layer of skin. 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; natural hair braiding; 24 2. shampoo assistants; and 25 3. threading. 26 * * * 27 THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC 2846:XXXI.1105 and 1107 are hereby repealed in their entirety. 29 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the Page 5 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-282 ORIGINAL HCR NO. 4 1office of the state register and the Louisiana State Board of Cosmetology. 2 BE IT FURTHER RESOLVED that the office of the state register is hereby directed 3to have the amendments to LAC 46:XXXI.101 and 1101(A) and the repeal of LAC 446:XXXI.1105 and 1107 printed and incorporated into the Louisiana Administrative Code 5and 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 4 Original 2025 Regular Session Billings 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) Page 6 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions.