NOTE: The governor signed this measure on 5/1/2015. SENATE BILL 15-106 BY SENATOR(S) Woods, Balmer, Jahn, Todd; also REPRESENTATIVE(S) Arndt, Court, Fields, Lontine, Ryden, Young. Concerning the continuation of the regulatory authority granted under the "Barber and Cosmetologist Act", and, in connection therewith, continuing the cosmetology advisory committee and implementing the other recommendations of the department of regulatory agencies as contained in the 2014 sunset report and making an appropriation. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 2-3-1203, repeal (3) (bb) (I) as follows: 2-3-1203. Sunset review of advisory committees. (3) The following dates are the dates on which the statutory authorization for the designated advisory committees is scheduled for repeal: (bb) July 1, 2015; (I) The advisory committee appointed pursuant to section 12-8-108 (2), C.R.S., by the director of the division of professions and occupations in the department of regulatory agencies; SECTION 2. In Colorado Revised Statutes, amend 12-8-102 as follows: 12-8-102. Legislative declaration. The purpose of this article is to protect the public's health, safety, and welfare with respect to the professional practice of barbers, hairstylists, cosmetologists, estheticians, and manicurists nail technicians, and, therefore, testing procedures and disciplinary actions are of the highest priority. Access of qualified professionals to these professions shall not be unduly restricted. The director of the division of professions and occupations in the department of regulatory agencies is hereby directed to enforce this article to accomplish the purposes set forth in this section. SECTION 3. In Colorado Revised Statutes, 12-8-103, amend (5), (9), (9.4) introductory portion, (9.5), (9.7) introductory portion, (9.7) (c), (10.5), (11), and (13); and add (11.5) as follows; 12-8-103. Definitions. As used in this article, unless the context otherwise requires: (5) "Beauty school" means an establishment operated by a person for the purpose of teaching cosmetologists, estheticians, hairstylists, and manicurists nail technicians that is certified by the private occupational school division or the Colorado community college system, or is an accredited technical school that teaches cosmetology. (9) "Cosmetology" means any one act or practice, or any combination of acts or practices, not for the treatment of disease or physical or mental illness, when done for payment either directly or indirectly or when done without payment for the public generally, usually performed by and included in or known as the profession of beauty culturists, beauty operators, beauticians, estheticians, cosmetologists, or hairdressers or of any other person, partnership, corporation, or other legal entity holding itself out as practicing cosmetology by whatever designation and within the meaning of this article. In particular, "cosmetology" includes, but is not limited to, any one or a combination of the following acts or practices: Arranging, dressing, curling, waving, cleansing, cutting, singeing, bleaching, coloring, or similar work upon the hair of any a person by any means and, with hands or a mechanical or electrical apparatus or appliances appliance or by the use of cosmetic or chemical preparations, manicuring or pedicuring the nails of any a person; giving facials, applying makeup, giving skin care, or applying eyelashes involving physical contact with any a person; beautifying the face, neck, arms, bust, or torso of the human body by use of cosmetic preparations, antiseptics, tonics, lotions, or creams; massaging, cleaning, or stimulating the face, neck, arms, bust, or torso of the human body with the use of antiseptics, tonics, lotions, or creams; removing superfluous hair from the body of any a person by the use of depilatories or waxing or by the use of tweezers; and the trimming of the beard. (9.4) "Esthetician" means any person who engages in any one or more of the following practices not for the treatment of disease or physical ailments: (9.5) "Free lance shop operator" means an individual who engages in barbering, hairstyling, or cosmetology or practices as an esthetician or manicurist nail technician at locations other than fixed or mobile barbershops or beauty shops. (9.7) "Hairstyling" means providing one or more of the following hair care services not for the treatment of disease or physical or mental ailments upon the upper part of the human body for cosmetic purposes for payment either directly or indirectly, or when done without payment for the public generally: (c) Cutting, arranging, braiding, applying hair extensions to, or styling the hair by any means using the hands or with manual, mechanical, or electrical implements or appliances; (10.5) "Manicuring" means any one act or practice, or combination of acts or practices, not for the treatment of disease or physical or mental ailments, when done for direct or indirect payment or when done without payment for the public generally. "Manicuring" includes, but is not limited to, the filing, buffing, polishing, cleansing, extending, protecting, wrapping, covering, building, pushing, or trimming of nails or any other similar work upon the nails of any a person by any means, including the softening of the hands, arms, ankles, or feet of any a person by use of hands, a mechanical or electrical apparatus or appliances appliance, cosmetic or chemical preparations, antiseptics, lotions, or creams or by massaging, cleansing, stimulating, manipulating, or exercising the arms, hands, feet, or ankles of any a person. Manicuring also includes waxing or the use of depilatories on the leg up to the knee and the waxing or the use of depilatories on the arm up to the elbow. (11) "Manicurist" "Nail technician" means a person who engages in the limited practices of cosmetology known as manicuring. Unless otherwise licensed under this article, a manicurist nail technician shall not engage in the practice of cosmetology, barbering; or hairstyling; or practice as an esthetician except manicuring. (11.5) "Natural hair braiding" means a service that results in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking, or braiding by hand or with a mechanical device, as long as the service does not include hair cutting or 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. (13) "Place of business" means a fixed establishment, temporary location, or place, including any mobile barber shop or beauty salon, in which one or more persons engage in the practice of barbering, hairstyling, or cosmetology or practice as a manicurist nail technician or an esthetician. The term "temporary location" includes a motor home as defined in section 42-1-102 (57), C.R.S. SECTION 4. In Colorado Revised Statutes, 12-8-108, amend (1) (b), (1) (c), (1) (d), (1) (h) (I), (1) (h) (II), and (2) as follows: 12-8-108. Powers and duties of the director - advisory committee - rules - repeal. (1) The director has the following powers and duties: (b) To revoke or suspend a license or registration pursuant to section 12-8-114.5, or to deny, fine, place on probation, or make probationary licenses upon proof of violation of the rules and regulations established by the director or violation of the statutes of this state limit the scope of practice of an applicant, licensee, or registrant, upon proof of a violation of this article or the rules promulgated pursuant to this article; (c) To prescribe, with the approval of the department of public health and environment, such safety and sanitary rules as the director may deem necessary to protect the health and safety of the public; and of employees; (d) To supervise and regulate the industries of barbering, hairstyling, and cosmetology and the practices of estheticians and manicurists nail technicians of this state in accordance with this article, but nothing contained in this article shall be construed to abrogate the status, force, or operation of any provisions of any public health law of this state or any local health ordinance or regulation; (h) (I) To send letters of admonition. When a complaint or investigation discloses an instance of misconduct that, in the opinion of the director, does not warrant formal action by the director but that should not be dismissed as being without merit, a letter of admonition may be issued and sent by certified mail, to the licensee or registrant. (II) When a letter of admonition is sent by the director by certified mail, to a licensee or registrant, such the licensee or registrant shall be advised that he or she has the right to request in writing, within twenty days after receipt of the letter, that formal disciplinary proceedings be initiated to adjudicate the propriety of the conduct upon which the letter of admonition is based. (2) (a) The director shall appoint a five-member six-member advisory committee to assist in the performance of the director's duties. The advisory committee shall consist consists of at least three licensees who have expertise in the area under review; one owner or operator of a school that provides training for licensees in the industry and is licensed by the division of private occupational schools; a representative from a Colorado licensed school that provides training for licensees in the industry; and a member of the public. Members of the advisory committee shall not be compensated for their services in accordance with the provisions of section 24-34-102 (13), C.R.S. but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties under this article. The advisory committee shall meet at least four times a once per year and prior to the adoption of rules, and at the request of the director. (b) This subsection (2) is repealed, effective July 1, 2015. Prior to such repeal, the advisory committee shall be reviewed as provided for in section 2-3-1203, C.R.S. SECTION 5. In Colorado Revised Statutes, repeal 12-8-109 as follows: 12-8-109. Rules and orders adopted by the state board of barbers and cosmetologists under previous law - persons licensed or registered under previous law. (1) All rules, regulations, rates, orders, and awards of the state board of barbers and cosmetologists lawfully adopted prior to July 1, 2000, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law. (2) All licenses issued by the state board of barbers and cosmetologists to practice barbering or cosmetology prior to July 1, 2000, shall remain valid and shall be subject to renewal by the director pursuant to section 12-8-115. SECTION 6. In Colorado Revised Statutes, 12-8-110, amend (3) and (5) as follows: 12-8-110. Examinations. (3) Such The examinations shall must be consistent with the practical and theoretical requirements of the practices of barbering, hairstyling, or cosmetology manicurist services or providing nail technician or esthetician services as provided by this article, and such the director shall review, revise, and update the examinations shall be reviewed, revised, and updated periodically on a reasonable basis by the director in consultation with the advisory committee created pursuant to section 12-8-108. Examinations shall must be graded promptly, and the results of the examinations shall must be made available to the applicants promptly. The examination shall must emphasize health and safety issues. (5) No person shall be is permitted to examine applicants in any of the practical portions for barbers, hairstylists, cosmetologists, cosmeticians estheticians, or manicurists nail technicians in which said the person has not had practical experience and received a license as provided in this article. SECTION 7. In Colorado Revised Statutes, 12-8-111, repeal (3); and add (4) as follows: 12-8-111. Applications - form. (3) All fees for examinations, registrations, and licenses shall be paid in advance, except as otherwise provided in this article. (4) A person who has had a license revoked or has surrendered a license in lieu of discipline may not submit an application for licensure until two years after the date that the license was revoked or surrendered. SECTION 8. In Colorado Revised Statutes, 12-8-114, amend (3) and (4) as follows: 12-8-114. Qualifications of applicants - requirements. (3) An applicant for examination shall furnish proof of training of not less than the number of hours of course completion in the subject area in which the applicant seeks licensure as follows: (a) Sixty credit One thousand eight hundred contact hours for a cosmetologist; (b) Fifty credit One thousand five hundred contact hours for a barber; (c) Twenty credit Six hundred contact hours for an esthetician; (d) Twenty credit Six hundred contact hours for a manicurist nail technician; (e) Forty credit One thousand two hundred contact hours for a hairstylist. (4) Every person desiring to obtain a license to practice the occupation of a barber, cosmetologist, esthetician, hairstylist, or manicurist nail technician in this state shall apply therefor and pay to the director an examination fee. The director shall issue a license to applicants who successfully pass such the examination and who otherwise qualify shall be issued a license upon the payment of the required fee. SECTION 9. In Colorado Revised Statutes, recreate and reenact, with amendments, 12-8-114.5 as follows: 12-8-114.5. Registration for places of business. (1) Each owner of a place of business shall register with the director. The director shall maintain a registry of the places of business. The director is authorized to establish and collect a fee that is based on the director's actual costs associated with the maintenance of the registry. (2) If an applicant for registration has paid the required fee and complied with the requirements of this article, the director shall issue the registration. The registration must be conspicuously displayed in the place of business. (3) It is unlawful for a place of business to offer barbering, cosmetology, hairstyling, or esthetician or nail technician services in this state unless the place of business is registered with the director. SECTION 10. In Colorado Revised Statutes, 12-8-116, add (4) and (5) as follows: 12-8-116. Fees. (4) All fees for examinations, registrations, and licenses must be paid in advance, except as otherwise provided in this article. (5) The director shall collect all fees and transmit the fees to the state treasurer, who shall credit the moneys pursuant to section 24-34-105, C.R.S. The general assembly shall make annual appropriations pursuant to section 24-34-105, C.R.S., for expenditures of the director incurred in the performance of his or her duties pursuant to this article, which expenditures must be made by vouchers and warrants drawn pursuant to law. SECTION 11. In Colorado Revised Statutes, repeal 12-8-117 as follows: 12-8-117. Disposition of fees. All fees shall be collected by the director and transmitted to the state treasurer, who shall credit the same pursuant to section 24-34-105, C.R.S., and the general assembly shall make annual appropriations pursuant to said section for expenditures of the director incurred in the performance of the director's duties under this article, which expenditures shall be made out of such appropriations upon vouchers and warrants drawn pursuant to law. SECTION 12. In Colorado Revised Statutes, amend 12-8-119 as follows: 12-8-119. Issuance of license - display. If an applicant for examination to practice barbering, hairstyling, or cosmetology or to provide esthetician or manicurist nail technician services passes such the examination and has paid the required fee and complies with the requirements of this article, the director shall issue a license to that effect. Such The license shall be is evidence that the person to whom it is issued is entitled to engage in the practices, occupation, or occupations stipulated therein. Such in the license. The license shall must be conspicuously displayed in such the licensee's principal office or place of business or employment. SECTION 13. In Colorado Revised Statutes, amend 12-8-120 as follows: 12-8-120. License required. It is unlawful for any person to engage in, or attempt to engage in, the occupation of barbering, hairstyling, or cosmetology or to provide esthetician or manicurist nail technician services in this state unless such the person first obtains a license as provided in this article. SECTION 14. In Colorado Revised Statutes, 12-8-121, amend (1) and (4) as follows: 12-8-121. Exemptions. (1) Nothing in this article shall prohibit prohibits services by: (a) Persons authorized under the laws of this state to practice medicine, surgery, dentistry, podiatry, osteopathy, or chiropractic nor services by employees, agents, or volunteers of a health care facility when performing duties incidental to patient care A person who is acting within the scope of practice for which he or she is licensed, registered, or certified; (b) Licensed or unlicensed volunteers in the performance of charitable services for washing and setting the hair of: (I) Patients confined to hospitals or nursing, convalescent, or boarding homes; (II) Persons confined to their homes by reason of age, physical or mental infirmity, or physical disability; (c) Therapists permitted to practice their occupations under the laws of this state; (d) (c) A student of a barbering, hairstyling, or cosmetology school or of esthetician or manicurist nail technician services who has received more than twenty percent of the hours of instruction required in section 12-8-114 (3) and who is rendering services at such the school under supervision of a licensee within the school setting; (d) A person who provides the service of natural hair braiding. (4) Lectures and demonstrations on beauty culture, hairdressing, and the use of beauty preparations in retail stores performed without compensation shall do not constitute the practice of cosmetology, and nothing in this article shall prevent prevents the giving of such lectures to and demonstrations on any person. in retail stores. The application of beauty products for the exclusive purpose of recommending, demonstrating, or selling the products does not constitute the practice of cosmetology. SECTION 15. In Colorado Revised Statutes, amend 12-8-122 as follows: 12-8-122. Director may employ aid - compensation. The director may employ any person licensed pursuant to this article for the purpose of conducting examinations. Such persons shall The person must not be connected with any school teaching barbering, hairstyling, or cosmetology or esthetician or manicurist nail technician students. Any person so employed by the director may receive compensation for services for each day employed in the actual discharge of such the person's official duties and actual and necessary expenses incurred, to be set by the director upon the approval of the executive director of the department of regulatory agencies. SECTION 16. In Colorado Revised Statutes, 12-8-131, amend (2) and (3) as follows: 12-8-131. Disciplinary proceedings - administrative law judges - judicial review. (2) A proceeding for discipline of a licensee or registrant shall be commenced when the director has reasonable grounds to believe that a licensee or registrant has committed acts which that may violate the provisions of this article. Such The grounds may be established by an investigation begun by the director on the director's own motion or by an investigation pursuant to a written complaint. (3) Notice of the commencement of disciplinary proceedings pursuant to this section shall be given to the licensee, registrant, or applicant in the manner prescribed by section 24-4-105, C.R.S. SECTION 17. In Colorado Revised Statutes, 12-8-132, amend (1) introductory portion, (1) (b), (1) (c), and (1) (i); and add (1) (k), (1) (l), and (1) (m) as follows: 12-8-132. Grounds for denial, revocation, or suspension of license. (1) The director may deny, revoke, suspend, or make probationary any license or registration issued under the director's authority pursuant to this article upon proof that the licensee: (b) Has Made any misstatement on his or her application for licensure to practice as a barber, hairstylist, cosmetologist, esthetician, or manicurist nail technician or attempted to obtain a license to practice by fraud, deception, or misrepresentation; (c) Is incompetent to practice a profession licensed under this article, Committed an act or failed to perform an act necessary to meet the generally accepted standards to practice a profession licensed under this article, which shall include performing services outside of the person's area of training, experience, or competence; (i) Fails to comply with the rules promulgated by the director as provided in section 12-8-108 (1) (a); or (k) Fails to disclose to the director within forty-five days a conviction for a felony or any crime that is related to the practice as a barber, cosmetologist, esthetician, hairstylist, or nail technician; (l) Aids or abets the unlicensed practice of barbering, hairstyling, or cosmetology or the unlicensed provision of esthetician or nail technician services; or (m) Fails to timely respond to a complaint sent by the director pursuant to section 12-8-131. SECTION 18. In Colorado Revised Statutes, amend 12-8-133 as follows: 12-8-133. Repeal of article. This article is repealed, effective July 1, 2015 September 1, 2026. Prior to such repeal, the licensing functions of the director and the advisory committee created in section 12-8-108 shall be reviewed as provided for in section 24-34-104, C.R.S. SECTION 19. In Colorado Revised Statutes, 24-34-104, repeal (46) (f); and add (57) as follows: 24-34-104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (46) The following agencies, functions, or both, shall terminate on July 1, 2015: (f) The licensing of barbers, hairstylists, cosmetologists, cosmeticians, and manicurists by the director of the division of professions and occupations pursuant to article 8 of title 12, C.R.S.; (57) The following agencies, functions, or both, shall terminate on September 1, 2026: (a) The regulation of barbers, hairstylists, cosmetologists, estheticians, nail technicians, and registered places of business under section 12-8-114.5, C.R.S., by the director of the division of professions and occupations pursuant to article 8 of title 12, C.R.S. SECTION 20. In Colorado Revised Statutes, 10-3-1104, amend (1) (q) as follows: 10-3-1104. Unfair methods of competition - unfair or deceptive acts or practices - repeal. (1) The following are defined as unfair methods of competition and unfair or deceptive acts or practices in the business of insurance: (q) Increasing the premiums unilaterally or decreasing the coverage benefits on renewal of a policy of insurance, increasing the premium on new policies, or failing to issue an insurance policy to barbers, cosmetologists, cosmeticians, manicurists estheticians, nail technicians, barbershops, or beauty salons, as regulated in article 8 of title 12, C.R.S., regardless of the type of risk insured against, based solely on the decision of the general assembly to stop mandatory inspections of the places of business of such insureds; SECTION 21. Appropriation. (1) For the 2015-16 state fiscal year, $8,506 is appropriated to the department of regulatory agencies. This appropriation is from the division of professions and occupations cash fund created in section 24-34-105 (2) (b) (I), C.R.S. To implement this act, the department may use this appropriation for the purchase of legal services. (2) For the 2015-16 state fiscal year, $8,506 is appropriated to the department of law. This appropriation is from reappropriated funds received from the department of regulatory agencies under subsection (1) of this section. To implement this act, the department of law may use this appropriation to provide legal services for the department of regulatory agencies. SECTION 22. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. ____________________________ ____________________________ Bill L. Cadman Dickey Lee Hullinghorst PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Cindi L. Markwell Marilyn Eddins SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO