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Board of Cosmetology and Barber Examiners Legislative Update, Board of Barber Examiners, Board of Cosmetology 06/25/2015

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Tennessee State Board of Cosmetology and Barber Examiners
2015 Legislative Update

The Tennessee General Assembly has recently made changes to statutes which may impact you as a holder of a license with the Division of Regulatory Boards State Board of Cosmetology and Barber Examiners (“Board”). These new changes set out in the following Public Chapters specifically amend the Tennessee Code Annotated as follows:

Public Chapter No. 450 (SB0669/HB0594) requires anyone applying for a license as a cosmetology instructor to have three (3) continuous years of licensure and that instructors only instruct in an area in which the instructor is currently licensed. This Act will take effect on July 1, 2015. A copy of the new law is available for review on the website of the Tennessee Secretary of State here: http://www.tn.gov/sos/acts/109/pub/pc0450.pdf.

Public Chapter No. 333 (SB1297/HB1336) limits the  Boards consideration of past criminal convictions under Tenn. Ann. Code 62-3-101, et seq. (the Barber Act), to felony convictions that occurred within three (3) years, prior to refusing issuance, renewal, suspension or revocation of a certificate of registration. This Act became effective April 28, 2015. A copy of the new law is available for review on the website of the Tennessee Secretary of State here: http://www.tn.gov/sos/acts/109/pub/pc0333.pdf

Public Chapter No. 267 (SB1306/HB0987) limits the Boards consideration of past criminal convictions under Tenn. Ann. Code 62-4-101, et seq. (the Cosmetology Act), to felony convictions that occurred within three (3) years, prior to refusing issuance, renewal, suspension or revocation of a license and for convictions of misdemeanors involving moral turpitude within one (1) year of such action.  This Act became effective April 24, 2015.  A copy of the new law is available for review on the website of the Tennessee Secretary of State here: http://www.tn.gov/sos/acts/109/pub/pc0267.pdf

Public Chapter No. 358 (SB0543/HB0691) removes the Board’s authority to issue post-secondary authorization after June 30, 2015 and requires that any barber school or school of cosmetology eligible for or choosing to seek eligibility for federal student financial aid programs under the Higher Education Act of 1965 be authorized as a post-secondary institution from the Tennessee Higher Education Commission (THEC) under the Postsecondary Education Authorization Act. Under the Postsecondary Education Authorization Act, these schools will be subject to the Act's requirements. Authorizations previously issued by the Board will expire either upon the school’s authorization by THEC or on June 30, 2016, whichever is earlier. This Act is effective July 1, 2015 at 12:01 a.m. A copy of the new law is available for review on the website of the Tennessee Secretary of State here: http://www.tn.gov/sos/acts/109/pub/pc0358.pdf.

Public Chapter No. 402 (SB0964/HB1332) makes numerous changes to both the barber and cosmetology statutes, including standardizing requirements between the two acts and clarifying existing language. Various changes made include:
• Requiring that an applicant for a master barber or barber technician license obtain a high school diploma, GED, or HiSET diploma;
• Classifying certain violations of the Barber Act as Class B misdemeanors instead of a Class C misdemeanors;
• Specifying changes to the Board regarding composition of its members and their terms;
• Clarifying the responsibilities and requirements for barber shop managers;
• Authorizing the Board to create rules regarding shops offering both barbering and cosmetology services;
• Requiring that the Board promulgate rules enabling barber schools to establish programs allowing for fifty percent (50%) of required hours for registration to be obtained through an apprenticeship;
• Providing that barber students have seven (7) years from the date of enrollment to complete required courses;
• Allowing cosmetology shops to have fish for decorative purposes and birds in cages and requiring daily cleaning, which mirrors current practice for barber shops;
• Redefining cosmetology to include shaving a customer’s face, beard, and neck with a safety razor;
• Authorizing the Board to set many fees by rule previously set by statute;
• Standardizing student attendance hours to eight (8) hours per day and forty (40) hours per week; and
• Requiring licenesees to promptly notify the Board of any change in mailing address within thirty (30) days of the change.

For the purposes of promulgating rules, this act shall too effect May 8, 2015. The requirement that the Board issue rules regarding barber apprenticeships takes effect January 1, 2016. All other parts of the act take effect July 1, 2015. A copy of the new law is available for review on the website of the Tennessee Secretary of State here: http://www.tn.gov/sos/acts/109/pub/pc0402.pdf.

If you have any questions or concerns about these new laws, please contact us by email at reg.boards@tn.gov.

Dept. of Commerce & Insurance | 500 James Robertson Pkwy | Nashville, TN 37243-0565
(615) 741-2241
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