Bill Text: AZ HB2440 | 2012 | Fiftieth Legislature 2nd Regular | Chaptered
Bill Title: Board of cosmetology
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-03-27 - Governor Signed [HB2440 Detail]
Download: Arizona-2012-HB2440-Chaptered.html
|
House Engrossed |
|
State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
|
|
CHAPTER 99
|
|
HOUSE BILL 2440 |
|
|
AN ACT
amending sections 32‑503, 32‑506, 32‑573 and 32‑574, Arizona Revised Statutes; relating to cosmetology.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-503, Arizona Revised Statutes, is amended to read:
32-503. Organization; meetings; personnel; compensation
A. The board shall annually elect a chairman, vice‑chairman and secretary‑treasurer from among its membership.
B. The board shall hold at least one regular meeting monthly and may hold other meetings at times and places it designates.
C. The board may employ the following personnel as it deems necessary to carry out the purposes of this chapter and designate their duties:
1. An executive director who shall have been a licensed cosmetologist for at least one of the five years immediately preceding employment.
2. A supervisor of examinations who is an instructor licensed pursuant to this chapter and has worked at least two of the five years immediately preceding employment as an instructor in a school licensed pursuant to this chapter.
3. Examiners who shall not be employed as instructors in any school licensed pursuant to this chapter.
4. Persons to provide investigative, professional and clerical assistance as the board deems necessary and may hire Consultants to assist the board in the performance of its duties.
4. 5. Other permanent or temporary personnel.
D. Members of the board are eligible to receive compensation as determined pursuant to section 38‑611 for each day of actual service in the business of the board. The board shall compensate its executive director and other permanent and temporary personnel as determined pursuant to section 38‑611.
Sec. 2. Section 32-506, Arizona Revised Statutes, is amended to read:
32-506. Nonapplicability of chapter
This chapter does not apply to the following persons while in the proper discharge of their professional duties:
1. Practices done for the treatment of physical or mental ailments or disease by medical practitioners licensed pursuant to this title.
2. Commissioned physicians and surgeons serving in the armed forces of the United States or other federal agencies.
3. Persons licensed pursuant to chapter 3 or 12 of this title.
4. Students attending schools licensed pursuant to this chapter while they are on school premises during school hours.
5. Persons employed by theatrical groups who apply makeup, oils and cosmetics.
6. Persons who sell makeup, oils and cosmetics and who apply such products during the process of selling such products.
7. Shampoo assistants who shampoo hair under the direction of a cosmetologist licensed pursuant to this chapter.
8. Services performed by and for persons in the custody of the state department of corrections.
9. Persons who apply makeup, oils and cosmetics to patients in a hospital, nursing home or supervisory care home residential care institution with the consent of the patient and the hospital, nursing home or supervisory care home residential care institution.
10. Persons who provide a service that results in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking or braiding, if the service does not include the application of dyes, reactive chemicals or other preparations to alter the color of the hair or to straighten, curl or alter the structure of the hair.
11. Persons who provide tanning services by means of air brushing, tanning beds or spray tanning.
Sec. 3. Section 32-573, Arizona Revised Statutes, is amended to read:
32-573. Procedure for disciplinary action; appeal
A. The board on its own motion may investigate any information which that appears to show the existence of any of the causes set forth in section 32‑572. The board shall investigate the report of any person which that appears to show the existence of any of the causes set forth in section 32‑572. A person who reports pursuant to this section and who provides the information in good faith is not subject to liability for civil damages as a result.
B. If, after completing its investigation, the board finds that the evidence is not of sufficient seriousness to merit direct action against a license, it may take either of the following actions:
1. Dismiss if, in the opinion of the board, the evidence is without merit.
2. File a letter of concern if, in the opinion of the board, while there is insufficient evidence to support direct action against the license there is sufficient evidence for the board to notify the licensee that continuation of the activities which that led to the information or report being made to the board may result in action against the licensee's license.
C. If, in the opinion of the board, it appears the information or report is or may be true, the board shall request an informal interview with the licensee concerned. The interview shall be requested by the board in writing, stating the reasons for the interview and setting a date not less than ten days from the date of the notice for conducting the interview.
D. If, after an informal interview, the board finds that the evidence warrants suspension or revocation of a license issued pursuant to this chapter, imposition of a civil penalty or public reproof or if the licensee under investigation refuses to attend the informal interview, a complaint shall be issued and formal proceedings shall be initiated. All proceedings pursuant to this subsection shall be conducted in accordance with title 41, chapter 6, article 10.
E. A licensee who has been notified pursuant to subsection D of this section of charges pending against the licensee shall file with the board an answer in writing to the charges not more than thirty days after the licensee receives the complaint. If the licensee fails to answer in writing within this time, it is deemed an admission by the licensee of the acts charged in the complaint and the board may take disciplinary action allowed by this chapter without a hearing.
F. If the board finds that the evidence is not of sufficient seriousness to merit suspension or revocation of a license issued pursuant to this chapter, imposition of a civil penalty or public reproof it may take the following actions:
1. Dismiss if, in the opinion of the board, the evidence is without merit.
2. File a letter of concern if, in the opinion of the board, while there is insufficient evidence to support direct action against the license there is sufficient evidence for the board to notify the licensee that continuation of the activities which led to the information or report being made to the board may result in action against the licensee's license.
3. Impose probation requirements.
G. If a licensee violates this chapter or a rule adopted pursuant to this chapter, the board may assess the licensee with the board's reasonable costs and expenses, including attorney fees, incurred in conducting the investigation and administrative hearing. All monies collected pursuant to this subsection shall be deposited, pursuant to sections 35‑146 and 35‑147, in a separate account in the board of cosmetology fund established by section 32‑505. The board may only use these monies to defray its expenses in connection with an investigation and an related training and education, disciplinary investigations and all costs related to administrative hearing hearings. Notwithstanding section 35‑143.01 the separate account monies may be spent without legislative appropriation.
H. Except as provided in section 41‑1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title 12, chapter 7, article 6.
Sec. 4. Section 32-574, Arizona Revised Statutes, is amended to read:
32-574. Unlawful acts; violation; classification
A. A person shall not:
1. Perform or attempt to perform cosmetology, aesthetics or nail technology without a license in that category issued pursuant to this chapter, or practice in a category in which the person does not hold a license.
2. Operate a salon unless it is at all times under the direct supervision and management of a person who is licensed pursuant to this chapter as a cosmetologist, aesthetician, nail technician or instructor and who is working as a licensee in the salon.
3. Display a sign or in any way advertise or hold oneself out as a cosmetologist, aesthetician or nail technician or as being engaged in the practice or business of cosmetology, aesthetics or nail technology without being licensed pursuant to this chapter.
4. Knowingly make a false statement on an application for a license pursuant to this chapter.
5. Permit an employee or another person under the person's supervision or control to perform cosmetology, aesthetics or nail technology without a license issued pursuant to this chapter.
6. Practice or attempt to practice cosmetology, aesthetics or nail technology in any place other than in a salon licensed pursuant to this chapter unless the person is requested by a customer to go to a place other than a salon licensed pursuant to this chapter and is sent to the customer from the salon, except that a person who is licensed pursuant to this chapter may practice, without the salon's request, cosmetology, aesthetics or nail technology in a health care facility, hospital, residential care institution, nursing home or residence of a person requiring home care because of an illness, infirmity or disability.
7. Obtain or attempt to obtain a license by the use of money other than the prescribed fees or any other thing of value or by fraudulent misrepresentation.
8. Provide any service to a person having a visible disease, pediculosis or open sores suggesting a communicable disease until the person furnishes a statement signed by a physician licensed pursuant to chapter 13 or 17 of this title stating that the disease or condition is not in an infectious, contagious or communicable stage.
9. Operate a salon or school without being licensed pursuant to this chapter.
10. Violate any provision of this chapter or any rule adopted pursuant to this chapter.
11. Ignore or fail to comply with a board subpoena.
12. Use the title of "aesthetician", "cosmetologist" or "nail technician" or any other title or term likely to be confused with "aesthetician", "cosmetologist" or "nail technician" in any advertisement, statement or publication unless that person is licensed pursuant to this chapter.
B. An instructor shall not render cosmetology, aesthetics or nail technology services in a school unless the services are directly incidental to the instruction of students.
C. A person who violates this section is guilty of a class 1 misdemeanor.
APPROVED BY THE GOVERNOR MARCH 27, 2012.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 27, 2012.
