Arizona 54th Legislature - 2nd Regular Session Status: Passed House 1 R cosponsors

HB 2740 — barbering, cosmetology, massage therapy; consolidation

Last action — Senate Second Reading

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 54th Legislature - 2nd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

762 added · 1005 removed

Plain-language change summary

The recent changes to House Bill 2740 involve updates to the sections of Arizona's law that govern barbering, cosmetology, and massage therapy. Notably, some sections were added, amended, or repealed to streamline regulations and address the needs of underserved individuals in the state. This matter is significant because it aims to simplify the licensing process for these professions and enhance access to education and services, which can ultimately benefit both practitioners and their clients.

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HB2740 - 542R - H-Government - Strike Everything-Proposed   Fifty-fourth Legislature                                               Government Second Regular Session                                                  H.B.
HB2740 - 542R - H Ver       House Engrossed         State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session     HOUSE BILL 2740       AN ACT   amending sections 15-1851 and 32‑301, Arizona Revised Statutes;
  PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.
repealing sections 32‑302 and 32‑303, Arizona Revised Statutes;
2740 (Reference to printed bill)   Strike everything after the enacting clause and insert:
amending section 32‑304, Arizona Revised Statutes;
"Section 1.  Section 15-1851, Arizona Revised Statutes, is amended to read:
repealing section 32-305, Arizona Revised Statutes;
amending section 32‑321, Arizona Revised Statutes;
repealing section 32‑324, Arizona Revised Statutes;
amending title 32, chapter 3, article 2, Arizona Revised Statutes, by adding a new section 32-324;
amending sections 32‑325, 32‑501, 32‑502, 32-503, 32-505, 32-506, 32-514, 32-556, 32-573, 32-574 and 41-1092, Arizona Revised Statutes;
repealing section 41‑3022.23, Arizona Revised Statutes;
amending sections 41‑3024.05 and 44‑6852, Arizona Revised Statutes;
appropriating monies;
relating to barbering and cosmetology.
  (TEXT OF BILL BEGINS ON NEXT PAGE)   Be it enacted by the Legislature of the State of Arizona:
Section 1.  Section 15-1851, Arizona Revised Statutes, is amended to read:
6.  One member who holds a senior executive or managerial position in an institution that is licensed under title 32, chapter 23 or under 14 Code of Federal Regulations part 147, that offers vocational education programs at the postsecondary level, that is located in this state and that is not an institution that is qualified under any other category.
6.  One member who holds a senior executive or managerial position in an institution that is licensed under title 32, chapter or under 14 Code of Federal Regulations part 147, that offers vocational education programs at the postsecondary level, that is located in this state and that is not an institution that is qualified under any other category.
END_STATUTE Sec. 6.  Section 32-305, Arizona Revised Statutes, is amended to read:
END_STATUTE Sec. 6.  Repeal;
START_STATUTE32-305.  Barbers fund A.  A board of The barbers fund is established.  Except as provided in subsection C of this section, before the end of each calendar month, pursuant to sections 35‑146 and 35‑147, the board shall deposit ten per cent percent of all monies from whatever source which that come into the possession of the board pursuant to this chapter in the state general fund and deposit the remaining ninety per cent percent in the board of barbers fund.
transfer of monies A.  Section 32-305, Arizona Revised Statutes, is repealed.
B.  Monies deposited in the board of barbers fund are subject to section 35‑143.01.
B.  All unexpended and unencumbered monies remaining in the board of barbers fund established by section 32‑305, Arizona Revised Statutes, as repealed by subsection A of this section, are transferred to the barbering and cosmetology fund established by section 32-505, Arizona Revised Statutes, as amended by this act, on January 1, 2021.
C.  Monies from civil penalties received pursuant to section 32‑352 shall be deposited, pursuant to sections 35‑146 and 35‑147, in the state general fund.
Sec. 7.  Section 32-321, Arizona Revised Statutes, is amended to read:
END_STATUTE Sec. 7.  Section 32-321, Arizona Revised Statutes, is amended to read:
START_STATUTE32-324.  Examinations A.  The board or a national professional organization for barbering selected by the board shall administer written and practical examinations for a barber or instructor license.  The examinations shall test for requisite knowledge and skills in the technical application of barbering services.  An applicant may take an examination before the applicant has completed the required hours of course instruction prescribed by this article.
START_STATUTE32-324.  Examinations A.  The board or a national professional organization for barbering selected by the board shall administer written and practical examinations for a barber or instructor license.  The examinations shall test for requisite knowledge and skills in the technical application of barbering services.  An applicant may take an examination before the applicant has completed the required hours of course instruction prescribed by this article, but the applicant must complete the required hours of course instruction before licensure.
2.  One nail technician or aesthetician who has been actively practicing practiced in this state for at least three years immediately preceding appointment.
2.  One nail technician who has been actively practicing in this state for at least three years immediately preceding appointment.
4.  3.  One Two school owner owners.
4.  2.  One Two school owner owners who do not own the same school.
5.  4.  Two Three public members, preferably one of whom is an educator, who are not and have never been associated with the barbering, cosmetology or nail technology industry, licensed as a barber, cosmetologist or nail technician or involved in the manufacture of barbering, cosmetology or nail technology products.
5.  3.  Two Five public members, preferably one of whom is an educator, who are not and have never been associated with the barbering, cosmetology or nail technology industry, licensed as a barber, cosmetologist or nail technician or involved in the manufacture of barbering, cosmetology or nail technology products.
5.  One barber who has actively practiced barbering in this state for at least three years.
4.  One barber who has actively practiced barbering in this state for at least three years.
6.  One holder of a barber shop or salon license.
START_STATUTE32-505.  Cosmetology fund A.  The board of cosmetology fund is established.  Except as provided in subsection C of this section, before the end of each calendar month the board shall deposit, pursuant to sections 35‑146 and 35‑147, the board shall deposit ten per cent percent of all monies from whatever source which that come into the possession of the board pursuant to this chapter in the state general fund and deposit the remaining ninety per cent percent in the board of cosmetology fund.
START_STATUTE32-505.  Barbering and cosmetology fund A.  The board of barbering and cosmetology fund is established.  Except as provided in subsection C of this section, before the end of each calendar month the board shall deposit, pursuant to sections 35‑146 and 35‑147, the board shall deposit ten per cent percent of all monies from whatever source which that come into the possession of the board in the state general fund and deposit the remaining ninety per cent percent in the board of barbering and cosmetology fund.
B.  Except as provided in section 32‑573, subsection G, monies deposited in the board of cosmetology fund are subject to section 35‑143.01.
B.  Except as provided in section 32‑573, subsection G, monies deposited in the board of barbering and cosmetology fund are subject to section 35‑143.01.
3.  Persons who are licensed pursuant to chapter 3 or 12 of this title.
3.  Persons who are licensed pursuant to chapter 3 or of this title.
START_STATUTE32-514.  Examinations A.  The board or a national professional organization for cosmetology selected by the board shall administer written and practical examinations for a cosmetologist, aesthetician, nail technician, hairstylist or instructor license.  The examinations shall test for requisite knowledge and skills in the technical application of cosmetology services.  An applicant may take an examination before the applicant has completed the required hours of course instruction prescribed by this article.
START_STATUTE32-514.  Examinations A.  The board or a national professional organization for cosmetology selected by the board shall administer written and practical examinations for a cosmetologist, aesthetician, nail technician, hairstylist or instructor license.  The examinations shall test for requisite knowledge and skills in the technical application of cosmetology services.  An applicant may take an examination before the applicant has completed the required hours of course instruction prescribed by this article, but the applicant must complete the required hours of course instruction before licensure.
END_STATUTE Sec. 17.  Section 32-516, Arizona Revised Statutes, is amended to read:
END_STATUTE Sec. 17.  Section 32-556, Arizona Revised Statutes, is amended to read:
START_STATUTE32-516.  Aestheticians;
cosmetologists;
cosmetic laser and IPL device use;
certification;
fees;
definitions A.  An aesthetician or a cosmetologist who wishes to perform cosmetic laser procedures and procedures using IPL devices must:
1.  Apply for and receive a certificate from the department.
2.  Comply with the requirements of this section and department rules.
3.  Successfully complete forty hours of didactic training as required by department rules at a department‑certified training program.  The program shall provide a provisional certificate to the applicant verifying the successful completion of the didactic training.
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4.  For hair removal, complete hands-on training that is supervised by a health professional who is acting within the health professional's scope of practice or by a laser technician who has a minimum of one hundred hours of hands-on experience per procedure.  The health professional or laser technician must be present in the room during twenty-four hours of hands‑on use of lasers or IPL devices.  The supervising health professional or laser technician shall verify that the aesthetician or cosmetologist has completed the training and supervision as prescribed by this section.
5.  For other cosmetic laser and IPL device procedures, complete a minimum of an additional twenty-four hours of hands‑on training of at least ten cosmetic procedures for each type of specific procedure that is supervised by a health professional who is acting within the health professional's scope of practice or by a laser technician who has a minimum of one hundred hours of hands-on experience per procedure.  The health professional or laser technician must be present in the room during twenty‑four hours of hands-on use of lasers or IPL devices.  The supervising health professional or laser technician shall verify that the aesthetician or cosmetologist has completed the training and supervision as prescribed by this section.
6.  Submit to the department the provisional certificate from the training program and certification by the health professional or laser technician who directly supervised the applicant in the room during the hands-on training.
B.  The department shall issue a laser technician certificate authorizing the aesthetician or cosmetologist to use lasers and IPL devices if the applicant has completed the training for hair removal or lasers and IPL devices for other cosmetic procedures, as applicable, and shall maintain a current register of those laser technicians in good standing and whether certification is for hair removal only or other cosmetic procedures as well.  The department may establish a fee for the registration of aestheticians or cosmetologists as laser technicians and the issuance of certificates pursuant to this subsection.  The department shall deposit monies collected pursuant to this subsection in the laser safety fund established by section 32‑3234.
C.  An aesthetician or a cosmetologist who has been certified as a laser technician by the department may use a laser or IPL device:
1.  For hair removal under the indirect supervision of a health professional whose scope of practice permits the supervision.
2.  For cosmetic purposes other than hair removal if the aesthetician or cosmetologist is directly supervised by a health professional whose scope of practice permits the supervision and the aesthetician or cosmetologist has been certified in those procedures.
D.  The board shall investigate any complaint from the public or from another board or agency regarding a licensed aesthetician or cosmetologist who performs cosmetic laser procedures or procedures using IPL devices pursuant to this section.  The board shall report to the department any complaint it receives about the training or performance of an aesthetician or a cosmetologist who is certified as a laser technician.
E.  An aesthetician or a cosmetologist who used laser and IPL devices before November 24, 2009 may continue to do so if the aesthetician or cosmetologist received a certificate pursuant to this section before October 1, 2010.
F.  For the purposes of this section:
1.  "Department" means the department of health services.
2.  "Directly supervised" means that a health professional who is licensed in this state and whose scope of practice allows the supervision or a laser safety officer supervises the use of a laser or IPL device for cosmetic purposes while the health professional or laser safety officer is present at the facility where and when the device is being used.
3.  "Health professional" means a person who is licensed pursuant to either:
(a)  Chapter 11, article 2 of this title and who specializes in oral and maxillofacial surgery.
(b)  Chapter 13, 14, 15, 17 or 25 of this title.
4.  "Indirect supervision" means supervision by a health professional who is licensed in this state, whose scope of practice allows the supervision and who is readily accessible by telecommunication.
5.  "IPL device" means an intense pulse light class II surgical device certified in accordance with the standards of the department for cosmetic procedures.
6.  "Laser" means any device that can produce or amplify electromagnetic radiation with wavelengths in the range of one hundred eighty nanometers to one millimeter primarily by the process of controlled stimulated emission and certified in accordance with the standards for the department for cosmetic procedures.
7.  "Laser safety officer" means a person who both:
(a)  Has the authority and responsibility to monitor and control laser hazards and to knowledgeably evaluate and control laser hazards.
(b)  Is regulated by the department by rule.
7.  8.  "Laser technician" means a person who is or has been certified by the department pursuant to its rules and chapter 32, article 2 of this title.
END_STATUTE Sec. 18.  Section 32-556, Arizona Revised Statutes, is amended to read:
END_STATUTE Sec. 19.  Section 32-573, Arizona Revised Statutes, is amended to read:
END_STATUTE Sec. 18.  Section 32-573, Arizona Revised Statutes, is amended to read:
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 cosmetology board of cosmetology fund established by section 32‑505.  The board may only use these monies to defray its expenses in connection with investigation related training and education, disciplinary investigations and all costs related to administrative hearings.  Notwithstanding section 35‑143.01, the separate account monies may be spent without legislative appropriation.
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 barbering and cosmetology board of cosmetology fund established by section 32‑505.  The board may only use these monies to defray its expenses in connection with investigation related training and education, disciplinary investigations and all costs related to administrative hearings.  Notwithstanding section 35‑143.01, the separate account monies may be spent without legislative appropriation.
END_STATUTE Sec. 20.  Section 32-574, Arizona Revised Statutes, is amended to read:
END_STATUTE Sec. 19.  Section 32-574, Arizona Revised Statutes, is amended to read:
END_STATUTE Sec. 21.  Section 41-1092, Arizona Revised Statutes, is amended to read:
END_STATUTE Sec. 20.  Section 41-1092, Arizona Revised Statutes, is amended to read:
END_STATUTE Sec. 22.  Repeal Section 41-3022.23, Arizona Revised Statutes, is repealed.
END_STATUTE Sec. 21.  Repeal Section 41-3022.23, Arizona Revised Statutes, is repealed.
Sec. 23.  Section 41-3024.05, Arizona Revised Statutes, is amended to read:
Sec. 22.  Section 41-3024.05, Arizona Revised Statutes, is amended to read:
END_STATUTE Sec. 24.  Section 44-6852, Arizona Revised Statutes, is amended to read:
END_STATUTE Sec. 23.  Section 44-6852, Arizona Revised Statutes, is amended to read:
END_STATUTE Sec. 25.  Transfer;
END_STATUTE Sec. 24.  Transfer;
Sec. 26.  Retention of members All persons serving as members of the board of cosmetology on January 1, 2021 may continue to serve on the barbering and cosmetology board established by section 32-502, Arizona Revised Statutes, as amended by this act, until the expiration of their normal terms.  The governor shall make all subsequent appointments as prescribed by statute.
Sec. 25.  Retention of members All persons serving as members of the board of cosmetology on January 1, 2021 may continue to serve on the barbering and cosmetology board established by section 32-502, Arizona Revised Statutes, as amended by this act, until the expiration of their normal terms.  The governor shall make all subsequent appointments as prescribed by statute.
Sec. 27.  Barbering and cosmetology board;
Sec. 26.  Barbering and cosmetology board;
3.  Determine whether a reduction of instruction hours that are required for current licenses is necessary and how a reduction of instruction hours might affect reciprocity with other states.
C.  Notwithstanding any other law, the board may use the following monies to assist in the study and report required by this section:
C.  Notwithstanding any other law, the board may use up to $750,000 from the barbering and cosmetology fund established by section 32-505, Arizona Revised Statutes, as amended by this act, to assist in the study and report required by this section.
1.  Up to $250,000 from the barbers fund established by section 32‑305, Arizona Revised Statutes, as amended by this act.
Sec. 27.  Effective date This act is effective from and after December 31, 2020.
2.  Up to $500,000 from the cosmetology fund established by section 32‑505, Arizona Revised Statutes, as amended by this act.
Sec. 28.  Effective date This act is effective from and after December 31, 2020." Amend title to conform     JOHN KAVANAGH     2740KAVANAGH SE 02/17/2020 4:30 PM C:
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Action History

  1. Senate Second Reading

  2. Senate First Reading

  3. Transmit to Senate

  4. PASSED

  5. DPA

  6. DPA/SE

  7. House Second Reading

  8. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 92 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (92)

92 members have not signed on to this bill.

Show all 92 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 60 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 44000
Republican 12000
Democrat 4000
Total 60000
% of votes cast 100%0%0%0%
How each member voted (60)
Member Party Vote
Aaron Lieberman — Yea
Amish Shah — Yea
Andres Cano — Yea
Anthony T. Kern — Yea
Arlando Teller — Yea
Athena Salman — Yea
Becky A. Nutt — Yea
Ben Toma — Yea
Bob Thorpe — Yea
Bret Roberts — Yea
Charlene R. Fernandez — Yea
César Chávez — Yea
Daniel Hernandez — Yea
David L. Cook — Yea
Diego Espinoza — Yea
Diego Rodriguez — Yea
Domingo DeGrazia — Yea
Gerae Peten — Yea
Isela Blanc — Yea
Jay Lawrence — Yea
Jennifer Jermaine — Yea
Jennifer Longdon — Yea
Jennifer Pawlik — Yea
Joanne Osborne — Yea
John Fillmore — Yea
John M. Allen — Yea
Kelli Butler — Yea
Kelly Townsend — Yea
Kirsten Engel — Yea
Lorenzo Sierra — Yea
Michelle Udall — Yea
Nancy Barto — Yea
Noel W. Campbell — Yea
Pamela Powers Hannley — Yea
Randall Friese — Yea
Raquel Terán — Yea
Regina E. Cobb — Yea
Reginald Bolding — Yea
Richard C. Andrade — Yea
Robert Meza — Yea
Russell Bowers — Yea
Steve Pierce — Yea
Travis W. Grantham — Yea
Walter Blackman — Yea
Alma Hernandez Democrat Yea
Denise “Mitzi” Epstein Democrat Yea
Myron Tsosie Democrat Yea
Rosanna Gabaldón Democrat Yea
Frank Carroll Republican Yea
Gail Griffin Republican Yea
Jeff Weninger Republican Yea
John Kavanagh Republican Yea
Kevin Payne Republican Yea
Leo Biasiucci Republican Yea
Mark Finchem Republican Yea
Shawnna Bolick Republican Yea
Thomas "T.J." Shope Republican Yea
Timothy "Tim" Dunn Republican Yea
Tony Rivero Republican Yea
Warren Petersen Republican Yea

Official roll call →

Subjects

labor education
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Frequently asked questions

Who sponsors HB 2740?
HB 2740 is sponsored by John Kavanagh (Republican).
What is the current status of HB 2740?
This bill died with 54th Legislature - 2nd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2740?
Track HB 2740 free on One Click Politics — get push/email alerts when it moves.

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