A.R.S. tit. 32 ch. 5 — Arizona Revised Statutes Title 32 Chapter 5 — Barbering And Cosmetology

32-501. Definitions In this chapter, unless the context otherwise requires: 1. "Aesthetician" means a person who is licensed to practice aesthetics pursuant to this chapter. 2. "Aesthetics" means any one or a combination of the following practices if they are performed for cosmetic purposes: (a) Massaging, cleansing, stimulating, manipulating, exercising, beautifying or applying oils, creams, antiseptics, clays, lotions or other preparations, either by hand or by mechanical or electrical appliances. (b) Arching eyebrows or tinting eyebrows and eyelashes. (c) Removing superfluous hair by means other than electrolysis or threading. 3. "Barber" means a person who is licensed to practice barbering pursuant to this chapter. 4. "Barbering" means any one or a combination of the following practices if they are performed on a person's head, face, neck or shoulders for cosmetic purposes: (a) Cutting, clipping or trimming hair. (b) Massaging, cleansing, stimulating, manipulating, exercising, beautifying or applying oils, creams, antiseptics, clays, lotions or other preparations, either by hand or by mechanical or electrical appliances. (c) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, singeing, bleaching, dyeing, tinting, coloring or similarly treating hair. (d) Providing hair attachments, extensions, hairpieces and wigs when performed by a barber. (e) Shaving or trimming a beard. (f) Providing skin care, including facials, corrective treatments, blackhead and acne removal and masks and treatment creams. (g) Removing unwanted hair by means other than electrolysis or threading. 5. "Board" means the barbering and cosmetology board. 6. "Cosmetic purposes" means for the purpose of beautifying, preserving or conferring comeliness, excluding therapeutic massage and manipulations. 7. "Cosmetologist" means a person who is licensed to practice cosmetology pursuant to this chapter. 8. "Cosmetology" means any one or a combination of the following practices if they are performed for cosmetic purposes: (a) Massaging, cleansing, stimulating, manipulating, exercising, beautifying or applying oils, creams, antiseptics, clays, lotions or other preparations, either by hand or by mechanical or electrical appliances. (b) Arching eyebrows or tinting eyebrows and eyelashes. (c) Removing superfluous hair by means other than electrolysis or threading. (d) Nail technology. (e) Hairstyling. 9. "Electrical appliances" means devices that use electrical current and includes lasers and IPL devices as defined in section 32-516. 10. "Establishment" means any of the following: (a) An establishment or shop that is operated for the purpose of engaging in the practice of barbering, cosmetology, aesthetics, nail technology, hairstyling or eyelash extensions or any combination of the practices listed in this subdivision. (b) An establishment or shop together with a retrofitted motor vehicle that is used exclusively as a mobile facility for the purpose of engaging in the practice of barbering, cosmetology, aesthetics, nail technology or hairstyling or any combination of the practices listed in this subdivision and that is operated and dispatched through the establishment. (c) A retrofitted motor vehicle that is exclusively used as a mobile facility for the purpose of engaging in the practice of barbering, cosmetology, aesthetics, nail technology or hairstyling or any combination of the practices listed in this subdivision and that is operated and dispatched from a business that has a physical street address on file with the board. 11. "Eyelash extensions": (a) Means applying, removing and trimming threadlike natural or synthetic fibers to an eyelash. (b) Includes cleansing the eye area and lashes. (c) Does not include applying eyelash enhancements that are tattoos, color agents, straightening agents, permanent wave solutions or bleaching agents to the eyebrow or any other cosmetology service. 12. "Eyelash technician" means a person who is not licensed as a cosmetologist or aesthetician and who for compensation performs personal services limited to eyelash extensions. 13. "Hairstyling" means any of the following: (a) Cutting, clipping or trimming hair. (b) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, singeing, bleaching, dyeing, tinting, coloring or similarly treating hair. (c) Removing superfluous hair from the neck up by means other than electrolysis or threading. 14. "Hairstylist" means a person who is licensed to practice hairstyling pursuant to this chapter. 15. "Instructor" means a person who is licensed to teach barbering, cosmetology, aesthetics, nail technology or hairstyling, or any combination of these practices, pursuant to this chapter. 16. "Mentor" means a cosmetologist, aesthetician, barber, hairstylist or nail technician who is approved by the board to train a person in a department of economic security-approved apprenticeship program in cosmetology or barbering in an establishment that is licensed by the board. 17. "Nail technician" means a person who is licensed to practice nail technology pursuant to this chapter. 18. "Nail technology" means any of the following: (a) Cutting, trimming, polishing, coloring, tinting, cleansing or otherwise treating a person's nails. (b) Applying artificial nails. (c) Massaging and cleaning a person's hands, arms, legs and feet. 19. "School" means an establishment that is operated for the purpose of teaching barbering, cosmetology, aesthetics, nail technology or hairstyling, or any combination of these practices. 20. "Threading" means a service that results in the removal of hair from its follicle from around the eyebrows and from other parts of the face with the use of a single strand of cotton thread and an over-the-counter astringent, if the service does not use chemicals of any kind, wax or any implements, instruments or tools to remove hair. 32-502. Barbering and cosmetology board; members; appointment; qualifications; terms A. The barbering and cosmetology board is established consisting of the following members who are appointed by the governor: 1. One cosmetologist who has actively practiced cosmetology in this state for at least three years immediately preceding appointment. 2. Two school owners who do not own the same school, one of whom owns a school that teaches cosmetology and one of whom owns a school that teaches barbering. 3. 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 manufacturing barbering, cosmetology or nail technology products. 4. One barber who has actively practiced barbering in this state for at least three years. B. The term of office for members is three years beginning and ending June 22. C. The governor may remove board members for neglect of duty, malfeasance or misfeasance. 32-503. Organization; meetings; personnel; compensation A. The board shall annually elect a chairperson, vice chairperson 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. Subject to title 41, chapter 4, article 4, 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. 2. Persons to provide investigative, professional and clerical assistance. 3. Consultants to assist the board in performing its duties. 4. Other 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 personnel as determined pursuant to section 38-611. 32-504. Powers and duties A. The board shall: 1. Adopt rules that are necessary and proper to administer this chapter, including: (a) Sanitary and safety requirements for establishments and schools. (b) Sanitary and safety standards for the practices of barbering, cosmetology, aesthetics, nail technology and hairstyling. (c) Mobile facility requirements. 2. Administer and enforce this chapter and rules adopted pursuant to this chapter. 3. Either prepare, administer and grade practical and written examinations or contract with a national professional organization for aesthetics, barbering, cosmetology, hairstyling and nail technology that is selected by the board to prepare, administer and grade practical and written examinations. 4. Make and maintain a record of its acts and proceedings, including the issuance, denial, renewal, suspension or revocation of licenses and registrations and public reproofs of licensees and registrants. 5. Evidence its official acts by the signature of the chairperson or vice chairperson of the board or a representative designated by the board. 6. Keep records of the board open to public inspection at all reasonable times. 7. Prescribe minimum school curriculum requirements for barbers, cosmetologists, aestheticians, nail technicians, hairstylists and instructors. 8. Prescribe standards and requirements for the provision of establishment services through mobile facilities and in customer locations. 9. Approve an aesthetician, a barber, a cosmetologist, a hairstylist or a nail technician as a mentor based on the licensee's record of compliance with this chapter. The board may not condition the approval on the licensee's payment of an additional fee or completion of an additional requirement. B. The board may: 1. Inspect the premises of any establishment or school during business hours. 2. Delegate authority to its executive director to issue licenses and registrations to applicants who meet the requirements of this chapter. 32-505. Barbering and cosmetology fund (L24, Ch. 222, sec. 3. Eff. until 7/1/28) A. The 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, fifteen percent of all monies from whatever source that come into the possession of the board in the state general fund and deposit the remaining eighty-five percent in the barbering and cosmetology fund. B. Except as provided in section 32-573, subsection G, monies deposited in the barbering and cosmetology fund are subject to section 35-143.01. C. Monies from civil penalties received pursuant to section 32-571 shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. 32-505. Barbering and cosmetology fund (L24, Ch. 222, sec. 4. Eff. 7/1/28) A. The 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, ten percent of all monies from whatever source that come into the possession of the board in the state general fund and deposit the remaining ninety percent in the barbering and cosmetology fund. B. Except as provided in section 32-573, subsection G, monies deposited in the barbering and cosmetology fund are subject to section 35-143.01. C. Monies from civil penalties received pursuant to section 32-571 shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. 32-506. Nonapplicability of chapter This chapter does not apply to the following persons while in the proper discharge of their professional duties: 1. Medical practitioners who are licensed pursuant to this title if the practices treat physical or mental ailments or disease. 2. Commissioned physicians and surgeons who are serving in the armed forces of the United States or other federal agencies. 3. Persons who are licensed pursuant to chapter 12 of this title. 4. Students who are attending schools licensed by the board while they are on school premises during school hours or off campus at a school-sponsored event. 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 barber, cosmetologist or hairstylist licensed pursuant to this chapter. 8. Services performed by and for persons who are 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 residential care institution with the consent of the patient and the hospital, nursing home or 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 threading. 12. Persons who provide tanning services by means of airbrushing, tanning beds or spray tanning. 13. Persons who apply makeup, including eyelash enhancements. This paragraph does not apply if a person is engaging in the practice of aesthetics or cosmetology. A person who is exempt pursuant to this paragraph shall post a sign in a conspicuous location in the person's place of business notifying the public that the person's services are not regulated by the board. 14. Persons who dry, style, arrange, dress, curl, hot iron or shampoo and condition hair if the service does not include applying reactive chemicals to permanently straighten, curl or alter the structure of the hair and if the person takes and completes a class relating to sanitation, infection protection and law review that is provided by the board or its designee. This paragraph does not apply if a person is engaging in the practice of aesthetics or cosmetology. A person who is exempt pursuant to this paragraph shall post a sign in a conspicuous location in the person's place of business notifying the public that the person's services are not regulated by the board. 15. Persons who are participating in a department of economic security-approved apprenticeship program as described in section 32-510, 32-511, 32-512, 32-512.01 or 32-512.02 while working with a mentor in an establishment that is licensed by the board. 16. Persons who are licensed in another state and who are working in this state at a charitable event that benefits a nonprofit organization. 17. Persons who are licensed in another state, who are in this state for not more than two weeks and who provide services for persons who are attending an athletic, charitable, artistic or social event in this state. 18. Persons who are enrolled in a school that is licensed by the board and who shampoo, rinse and apply cream rinse, conditioners and reconstructors to hair, including hair that has been treated with color or bleach. 19. Persons who perform services without compensation in either: (a) An emergency. (b) A domestic administration. 20. Persons who perform barbering, cosmetology, hairstyling or nail technology services in a funeral establishment as defined in section 32-1301. 32-507. Fees A. The board shall establish and collect fees not to exceed the following: 1. Application for initial personal license, a onetime fee of $80. 2. Application for personal reciprocity or universal license, a onetime fee of $100. 3. Application for establishment license, including change of name, change of ownership and change of location, $200. 4. Application for school license and initial inspection fee, including change of name, change of ownership and change of location, $1,000. 5. Application for certification of licensure or hours, $30. 6. Personal license renewal, $80 to be paid once every two years pursuant to section 32-517 or 32-535. 7. Personal license delinquent renewal, $100. 8. Establishment license renewal, $80. 9. Establishment license delinquent renewal, $100. 10. School license renewal, $400. 11. School license delinquent renewal, $500. 12. Delinquent penalties for each year or portion of a year for which the license was expired. 13. Computer printouts of names of licensees, up to $.10 per name. 14. Duplicate license, $30. 15. Dishonored checks, $20. 16. Copying charges, $1 per page. For audiotapes, videotapes, computer discs or other mediums used for recording sounds, images or information, $15 per tape, disc or other medium. 17. Board-administered educational classes, $75. 18. Service charges for persons who pay with alternative payment methods, including credit cards, charge cards, debit cards and electronic transfers, not to exceed the cost of the alternative payment method. 19. Eyelash technician registration, an amount to be determined by the board. 20. Eyelash technician registration renewal, an amount to be determined by the board. 21. Eyelash technician registration delinquent renewal, an amount to be determined by the board. B. The board may charge additional fees for: 1. Documents and publications provided by the board. 2. Services that the board deems appropriate to carry out its intent and purpose. These additional fees shall not exceed the costs of rendering the services. 32-510. Aestheticians; applications; qualifications A person is entitled to receive an aesthetician's license if the person: 1. Submits to the board an application for an aesthetician's license on a form supplied by the board. 2. Does either of the following: (a) Completes and receives appropriate credits for at least two years of high school education or its equivalent as prescribed by the board in its rules and submits to the board satisfactory evidence that the person is at least sixteen years of age. (b) Submits to the board satisfactory evidence that the person is at least eighteen years of age. 3. Submits to the board satisfactory evidence of any of the following: (a) That the person is a graduate of an aesthetician school in another state or country that has substantially the same requirements as this state for schools licensed by the board. (b) That the person is a graduate of an aesthetician course consisting of at least six hundred hours of training in a school licensed by the board. (c) That the person completed a United States department of labor-approved or a department of economic security-approved apprenticeship program in aesthetics that includes at least two hundred hours of infection protection and law review instruction. The person shall complete the instruction prescribed by this subdivision through either: (i) A school that is licensed by the board or a school or program in another state that has, in the board's opinion, licensure requirements that are substantially equivalent to the requirements of this state. (ii) A department of economic security-approved apprenticeship program. 4. Passes the examination for an aesthetician's license. 5. Pays the prescribed fees for an aesthetician's license. 32-511. Cosmetologists; applications; qualifications A person is entitled to receive a cosmetologist license if the person does all of the following: 1. Submits to the board an application for a cosmetologist license on a form supplied by the board. 2. Does either of the following: (a) Completes and receives appropriate credits for at least two years of high school education or its equivalent as prescribed by the board in its rules and submits satisfactory evidence that the person is at least sixteen years of age. (b) Submits to the board satisfactory evidence that the person is at least eighteen years of age. 3. Submits to the board satisfactory evidence of any of the following: (a) That the person is a graduate of a cosmetology course consisting of at least one thousand five hundred hours of training in a school licensed by the board. (b) That the person is a graduate of a cosmetology school in another state or country that had at the time of the person's graduation substantially the same requirements as this state for schools licensed by the board. (c) That the person completed a United States department of labor-approved or a department of economic security-approved apprenticeship program in cosmetology that includes at least two hundred fifty hours of infection protection and law review instruction. The person shall complete the instruction prescribed by this subdivision through either: (i) A school that is licensed pursuant to this chapter or a school or program in another state that has, in the board's opinion, licensure requirements that are substantially equivalent to the requirements of this state. (ii) A department of economic security-approved apprenticeship program. 4. Passes the examination for a cosmetologist license. 5. Pays the prescribed fees. 32-512. Nail technicians; applications; qualifications A person is entitled to receive a license to practice nail technology if the person does all of the following: 1. Submits to the board an application for a nail technician license on a form supplied by the board. 2. Does either of the following: (a) Completes and receives appropriate credits for at least two years of high school education or its equivalent as prescribed by the board in its rules and submits satisfactory evidence that the person is at least sixteen years of age. (b) Submits to the board satisfactory evidence that the person is at least eighteen years of age. 3. Submits to the board satisfactory evidence of any of the following: (a) That the person graduated from a nail technology school in another state or country that had at the time of the person's graduation substantially the same requirements as this state for schools licensed by the board. (b) That the person completed a nail technician course consisting of at least six hundred hours of training in a school licensed by the board. (c) That the person completed a United States department of labor-approved or a department of economic security-approved apprenticeship program in nail technology that includes at least one hundred fifty hours of infection protection and law review instruction. The person shall complete the instruction prescribed by this subdivision through either: (i) A school that is licensed by the board or a school or program in another state that has, in the board's opinion, licensure requirements that are substantially equivalent to the requirements of this state. (ii) A department of economic security-approved apprenticeship program. 4. Pays the prescribed fees for a nail technician license. 5. Passes the examination for a nail technician license. 32-512.01. Hairstylists; applications; qualifications A person is entitled to receive a license to practice hairstyling if the person does all of the following: 1. Submits to the board an application for a hairstylist license on a form supplied by the board. 2. Either: (a) Completes and receives appropriate credits for at least two years of high school education or its equivalent as prescribed by the board in its rules and submits satisfactory evidence that the person is at least sixteen years of age. (b) Submits to the board satisfactory evidence that the person is at least eighteen years of age. 3. Submits to the board satisfactory evidence that the person meets any of the following: (a) Graduated from a hairstyling school in another state or country that had at the time of the person's graduation substantially the same requirements as this state for schools licensed by the board. (b) Completed a hairstylist course consisting of at least one thousand hours of training in a school licensed by the board. (c) Completed a United States department of labor-approved or a department of economic security-approved apprenticeship program in hairstyling that includes at least two hundred hours of infection protection and law review instruction. The person shall complete the instruction prescribed by this subdivision through either: (i) A school that is licensed by the board or a school or program in another state that has, in the board's opinion, licensure requirements that are substantially equivalent to the requirements of this state. (ii) A department of economic security-approved apprenticeship program. 4. Pays the prescribed fees for a hairstylist license. 5. Passes the examination for a hairstylist license. 32-512.02. Barbers; licensure; applications; qualifications A. A person is entitled to receive a barber license if the person does all of the following: 1. Submits to the board an application for a barber license on a form supplied by the board. 2. Either: (a) Submits satisfactory evidence that the person is at least sixteen years old and has completed and received appropriate credits for at least two years of high school education or its equivalent as prescribed in rules adopted by the board. (b) Submits to the board satisfactory evidence that the person is at least eighteen years of age. 3. Submits to the board satisfactory evidence that the person meets any of the following: (a) Graduated from a barbering school in another state or country that had substantially the same requirements for schools licensed by the board at the time of the person's graduation. (b) Completed a barbering course consisting of at least one thousand two hundred hours of training in a school licensed by the board. (c) Completed a United States department of labor-approved or a department of economic security-approved apprenticeship program in barbering that includes at least two hundred fifty hours of infection protection law review instruction. The person shall complete the instruction required by this subdivision through either: (i) A school that is licensed by the board or a school or program in another state that has, in the board's opinion, licensure requirements that are substantially equivalent to the requirements of this state. (ii) A department of economic security-approved apprenticeship program. 4. Pays the prescribed fees for a barber license. 5. Passes the examinations for a barber license. B. Notwithstanding subsection A, paragraphs 2 and 3 of this section, an applicant for a barber license who holds a cosmetologist license or a hairstylist license issued pursuant to this chapter shall complete a two hundred-hour course consisting of barbering techniques in a school licensed by the board. 32-513. Reciprocity Notwithstanding sections 32-510, 32-511, 32-512, 32-512.01 and 32-512.02, a person is entitled to receive a barber, cosmetologist, aesthetician, nail technician or hairstylist license if the person does all of the following: 1. Submits to the board an application for a barber, cosmetologist, aesthetician, nail technician or hairstylist license on a form supplied by the board. 2. Submits to the board satisfactory evidence that the person is licensed in another state or country. 3. Takes and completes a class relating to infection protection and law review that is provided by the board or its designee. The board shall determine the amount of the fees for the class. The applicant shall pay the fees directly to the board or its designee. 4. Pays the prescribed reciprocity license fees. 32-514. Examinations A. The board or a national professional organization for barbering or cosmetology, or both, that is selected by the board shall administer written and practical examinations for a barber, cosmetologist, aesthetician, nail technician, hairstylist or instructor license. The examinations shall test for requisite knowledge and skills in the technical application of barbering and 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. B. The board or a national professional organization for barbering or cosmetology, or both, that is selected by the board shall inform each applicant of the examination results. C. The board shall make an accurate record of each examination. 32-515. Reexaminations A. An applicant who fails an examination for a license pursuant to this article is entitled to a reexamination. B. If an applicant fails either part of the examination, the applicant shall only retake the part of the examination that the applicant failed. C. If one year or more elapses between an applicant's initial examination and reexamination, the applicant shall take both the written and practical parts of the examination. D. An applicant desiring to be reexamined shall: 1. Apply to the board, if the board is administering the examination, on forms it prescribes and furnishes or to a national professional organization selected by the board to administer the examination. 2. Pay the prescribed examination fee. 32-516. Aestheticians; cosmetologists; cosmetic laser and IPL device use; certification; 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. B. An aesthetician or a cosmetologist who has been certified as a laser technician by the department may use a laser or IPL device. C. 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. D. For the purposes of this section: 1. "Department" means the department of health services. 2. "IPL device" means an intense pulse light class II surgical device certified in accordance with the standards of the department for cosmetic procedures. 3. "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. 4. "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. 32-517. License renewal A. Except as provided in section 32-4301, a barber, a cosmetologist, an aesthetician, a nail technician or a hairstylist shall renew the person's license on or before the person's birthday once every two years. B. A barber, a cosmetologist, an aesthetician, a nail technician or a hairstylist shall pay the prescribed renewal fee and comply with requirements prescribed in this chapter to renew the person's license. C. A barber, a cosmetologist, an aesthetician, a nail technician or a hairstylist who fails to renew the person's license on or before the person's birthday shall also pay the prescribed delinquent renewal penalty in order to renew the license. 32-518. Inactive licenses; reactivation; suspension A. A license that is not renewed pursuant to section 32-517 automatically reverts to inactive status. B. A licensee may reactivate an inactive license: 1. If a license has been inactive for less than one year, by paying the prescribed delinquent renewal penalty. 2. If a license has been inactive for one year or more but less than five years, by paying the prescribed delinquent renewal penalty and submitting proof of satisfying educational requirements prescribed by the board in its rules. C. A license that has been inactive for five years is automatically suspended. D. A licensee shall not practice under an inactive license. 32-519. Eyelash technicians; registration; renewal; register; exception A. Except as provided in subsection D of this section, an eyelash technician must be registered by the board. A person is entitled to receive an eyelash technician registration if the person does all of the following: 1. Submits to the board an application for an eyelash technician registration on a form supplied by the board. 2. Either: (a) Completes and receives appropriate credits for at least two years of high school education or its equivalent as prescribed by the board in its rules and submits satisfactory evidence that the person is at least sixteen years of age. (b) Submits to the board satisfactory evidence that the person is at least eighteen years of age. 3. Submits to the board satisfactory evidence that the person successfully completed a board-approved training program. The board shall require not more than thirty hours of training. A training program is not required to be licensed as a school by the board to be approved. The board-approved training program shall provide a provisional registration to the person verifying the successful completion of the training. Any person who satisfactorily demonstrates training received before October 30, 2023 is eligible for registration. 4. Pays the prescribed fees. B. Except as provided in section 32-4301, an eyelash technician shall renew the person's registration on or before the person's birthday once every two years. An eyelash technician shall submit to the board an application for renewal accompanied by the prescribed renewal fee to renew the person's registration. An eyelash technician who fails to renew the person's registration on or before the person's birthday shall also pay the prescribed delinquent renewal penalty to renew the registration. C. The board shall maintain a current register of registered eyelash technicians who are in good standing with the board. D. An aesthetician or cosmetologist may perform eyelash extensions without registering as an eyelash technician pursuant to this section. 32-531. Instructors; applications; qualifications; denial; hearing A. A person is entitled to receive a license to teach barbering, cosmetology, aesthetics, nail technology or hairstyling in a school if the person meets all of the following: 1. Submits to the board an application for an instructor license on a form prescribed by the board. 2. Either: (a) Holds a diploma from a high school or its equivalent as prescribed by the board in its rules and submits to the board satisfactory evidence that the person is at least sixteen years of age. (b) Submits to the board satisfactory evidence that the person is at least eighteen years of age. 3. Is a licensed barber, cosmetologist, aesthetician, nail technician or hairstylist, is applying for an instructor license to teach a subject in which the person is licensed, has practiced for at least one year in the profession for which the person is applying for an instructor license and has received the following hours of instructor training: (a) For a cosmetologist instructor, three hundred fifty hours. (b) For an aesthetics instructor, three hundred fifty hours. (c) For a nail technician instructor, three hundred fifty hours. (d) For a hairstylist instructor, three hundred fifty hours. (e) For a barbering instructor, three hundred fifty hours. 4. Passes a written examination and a practical examination for an instructor license. 5. Pays the prescribed fees. 6. Completes an infection prevention, sanitation and law review class provided by the board. B. An applicant may appeal the board's denial of an instructor license by requesting a hearing. The hearing shall be before the board at its next regular meeting that follows the board's receipt of the request. At the hearing the burden of proof is on the applicant to demonstrate that the alleged deficiencies that are the basis of the denial do not exist. 32-532. Instructors; license reciprocity Notwithstanding section 32-531, a person is entitled to receive a license to teach barbering, cosmetology, aesthetics, nail technology or hairstyling in a school if the person submits to the board an application for an instructor license on a form prescribed by the board, pays the prescribed fees and meets one of the following: 1. Is a current licensed barbering instructor, cosmetology instructor, aesthetics instructor, nail technology instructor or hairstyling instructor in another state or country. 2. Is a current licensed barber, cosmetologist, aesthetician, nail technician or hairstylist in another state or country and has at least one year of instructor experience in the other state or country in barbering, cosmetology, aesthetics, nail technology or hairstyling, or any combination of these practices. 3. Meets all of the following: (a) Either: (i) Submits to the board satisfactory evidence that the person is at least eighteen years of age. (ii) Holds a diploma from a high school or its equivalent as prescribed by the board in its rules and submits to the board satisfactory evidence that the person is at least sixteen years of age. (b) Is a licensed barber, cosmetologist, aesthetician, nail technician or hairstylist in another state or country. (c) Completes instructor training in another state or country that has instructor education requirements that are at least substantially equivalent to those of this state. (d) Passes a written examination and a practical examination for an instructor license. (e) Has five years of licensed industry experience within the ten years preceding application. (f) Meets requirements as prescribed by the board in its rules. (g) Completes an infection prevention, sanitation and law review class provided by the board. 32-533. Instructor examinations; reexaminations A. An examination for an instructor license shall be written and practical. B. The board shall inform each applicant of the applicant's examination results in writing. C. The board shall make an accurate record of each examination. D. An applicant who fails any part of the examination twice shall attend a school licensed pursuant to this chapter for two hundred fifty hours of instructor training. E. An applicant desiring to be reexamined shall apply to the board on forms it prescribes and furnishes and pay the prescribed examination fee. 32-535. Instructor license renewal A. Except as provided in section 32-4301, an instructor shall renew the instructor's license on or before the instructor's birth date once every two years. B. An instructor shall submit an application for renewal accompanied by the prescribed renewal fee in order to renew the instructor's license. C. An instructor who fails to renew the instructor's license on or before the instructor's birth date as prescribed by this section shall also pay the prescribed delinquent renewal penalty in order to renew the license. 32-536. Instructor practice; instruction A. An instructor may practice in the category of practice in which the instructor is licensed to practice in an establishment that is licensed pursuant to this chapter. B. An instructor shall teach only in the area in which the instructor is licensed by the board to teach. 32-537. Instructors; inactive licenses; reactivation; suspension A. An instructor license that is not renewed pursuant to section 32-535 automatically reverts to inactive status. B. A licensee may reactivate an inactive license: 1. If a license has been inactive for less than one year, by paying the prescribed delinquent renewal penalty. 2. If a license has been inactive for one year or more but less than five years, by paying the prescribed delinquent renewal penalty and submitting proof of satisfying educational requirements prescribed by the board in its rules. C. A license that has been inactive for five years is automatically suspended. D. A licensee shall not practice under an inactive license. 32-541. Establishment licenses; requirements A. A person is entitled to receive a license to operate an establishment if the person: 1. Submits to the board an application for an establishment license on a form supplied by the board. 2. Pays the prescribed fee. B. The safety and sanitary requirements specified by the board in its rules shall be requirements while an establishment is operating. C. Each establishment shall have an individual designated as the manager of the establishment. 32-542. Establishment inspections The board shall inspect establishments on a regular basis as it deems necessary. 32-543. Required display; licenses; inspection sheet Each establishment shall display the following in a conspicuous location that is readily observable by any patron: 1. The current establishment license. 2. The current license for each barber, cosmetologist, aesthetician, nail technician or hairstylist who is practicing in the establishment. 3. The current registration for each eyelash technician who is practicing in the establishment. 4. The latest inspection sheet for the establishment. 32-544. Establishment license renewal A. Except as provided in section 32-4301, an establishment license is renewable each year on or before the anniversary date of the first license by meeting all the requirements for an establishment license and paying the prescribed renewal fee. B. An establishment owner who fails to renew the owner's establishment license each year on or before the anniversary date of the license shall apply pursuant to section 32-541 and pay the prescribed fee and delinquent renewal penalty. 32-545. Change of ownership or location; change of trade name; board notification A. An establishment shall not change from the name of one licensee to another or from one location to another or change its trade name without filing a new application and paying the prescribed fee. B. Within ten days after any change of ownership of the establishment or change in the establishment's location, the establishment owner shall notify the board in writing, file a new application and pay the prescribed fee. 32-551. School licenses; applications; barbering school requirements; supervision; students A. A person is entitled to a license to operate a school if: 1. The person pays the prescribed fee. 2. The person furnishes a surety bond in the amount of $10,000 approved by the board and executed by a corporate bonding company authorized to do business in this state. The bond shall be for the benefit of and subject to the claims of the state for failure to comply with the requirements of this chapter and any student who fails to receive the full course of instruction required under this chapter. 3. The person submits to the board under oath an application for a school license on a form supplied by the board and other documentation required by the board in its rules. 4. The proposed school passes an inspection by the board before it opens. B. A course of instruction in a licensed school that teaches barbering shall consist of at least one thousand two hundred hours of instruction. The course of instruction shall include: 1. At least two hundred fifty hours devoted to the study of the fundamentals of barbering, hygiene, bacteriology, histology of the hair, skin, muscles and nerves, structure of the head, face and neck, elementary chemistry relating to sterilization and antiseptics and diseases of the skin, hair and glands. 2. At least nine hundred fifty hours devoted to the practice and study of massaging and manipulating muscles of the scalp, face and neck, haircutting, shaving and chemical work relating to permanent waves and hair straightening, coloring and bleaching. C. A licensed school shall be operated under the general supervision of a licensed instructor. D. Students may not teach other students at a licensed school. E. A school that holds a school license in barbering and a school license in cosmetology may offer courses on both cosmetology and barbering if an instructor licensed as a cosmetologist teaches the cosmetology courses and an instructor licensed as a barber teaches the barbering courses. 32-552. Change of ownership or location; change of trade name A. A school shall not change from the name of one licensee to another or from one location to another or change its trade name without filing a new application and paying the prescribed fee. B. A school owner shall notify the board in writing within ten days after any change of ownership of the school or change in the school's location or trade name, submit a new license application for the school and pay the prescribed fee. 32-553. Instruction staff A. Instructors shall not apply their time to private practice with or without compensation in a school. B. Students shall be under the constant supervision of an instructor. 32-554. Required display Schools shall display the following in a conspicuous location: 1. The current school license. 2. The current licenses of instructors teaching in the school. 3. The latest inspection sheet. 32-555. Equipment A school shall contain sufficient equipment as prescribed by the board in its rules. 32-556. Separation of schools from other businesses A school of any type may include programs related to a subject that the board licenses or registers but may not include an establishment. A school may offer for sale related products and articles. 32-557. Students; services for the public; notice; salary prohibited; price list A. Students of a licensed school may render services to the public only under the direct supervision of a licensed instructor. B. The following notice shall be posted in a conspicuous place within the school in letters large enough to be read across the length of the room: "School of (type of board-licensed school) — work done exclusively by students under the direct supervision of a licensed instructor." C. A student in a school shall not receive a salary or commission from the school for any barbering, cosmetology, aesthetics, nail technology or hairstyling services while enrolled in the school as a student. A student who is enrolled in a school for the purpose of becoming an instructor may be a paid employee of the school. D. A school shall post a price list for services rendered to the public that is large enough to be easily read from a distance of ten feet. 32-558. Student-school contracts A private school is required to execute a contract between itself and a student in duplicate. The form of the contract shall be approved by the board. A contract between a school and a student shall bear the signature of a school official and the student or parent or guardian if the student is under eighteen years of age. A fully executed copy of the contract shall be given to the student and the school shall keep the original copy. 32-559. School catalogs A. A private school shall submit a copy of its official catalog to the board for board approval. B. A private school catalog shall contain the following: 1. Name and address of the school. 2. Date of publication. 3. Admission requirements and procedures used by the school. 4. Number of hours of training required for licensure. 5. A brief outline of the curriculum offered by the school. 6. A description of the school's general physical facilities and equipment. 7. Policies relating to tardiness, absences, make-up work, conduct, termination and other rules of the school. 8. The grading system, including a definition of credit units if any. 9. The type of document awarded on graduation from the school. 32-560. Students; transfer; documentation A student who desires to transfer from one school to another may apply to another school of the student's choice. The transferring school shall provide the student with a completion form documenting the hours and courses that the student has successfully completed. The form shall include the school's name, address and license number and the student's dates of attendance. 32-561. Student records A school shall keep records as prescribed by the board in its rules on file for each student enrolled or reenrolled in a school for a regular course, postgraduate course or additional hours. 32-562. School inspections The board shall inspect schools on a regular basis as it deems necessary. 32-563. School closings A. Within five days after a school closes it shall notify the board by certified mail of the closure. B. Within ten days after a school closes it shall forward all student records to the board. 32-564. School license renewal A. Except as provided in section 32-4301, school licenses are renewable on or before June 30 of every year by meeting all the requirements for a school license and paying the prescribed renewal fee. B. A school owner who fails to renew his school license by June 30 of every year shall apply pursuant to section 32-551 and pay the prescribed fee and delinquent renewal penalty. 32-565. Schools; postsecondary education institutions A school must be recognized as a postsecondary educational institution if both of the following apply: 1. The school admits as regular students only individuals who have earned a recognized high school diploma or the equivalent of a recognized high school diploma or who are beyond the age of compulsory education as provided by section 15-802. 2. The school is licensed by name by the board under this chapter to offer one or more training programs beyond the secondary school level. 32-571. Disciplinary action The board may take any one or a combination of the following disciplinary actions: 1. Revoke a license or registration. 2. Suspend a license or registration. 3. Impose a civil penalty in an amount of not more than $2,000. 4. Impose probation requirements best adapted to protect the public safety, health and welfare, including requirements for restitution payments to patrons. 5. Publicly reprove a licensee or registrant. 6. Issue a letter of concern. 32-572. Grounds for disciplinary action or refusal to issue or renew license or registration; definition A. The board may take disciplinary action or refuse to issue or renew a license or registration for any of the following causes: 1. Continuing to perform barbering, cosmetology, aesthetics, nail technology, hairstyling or eyelash extension services if the person knowingly has an infectious or communicable disease. 2. Being convicted of a crime. 3. Committing an act involving dishonesty, fraud or deceit with the intent to substantially benefit oneself or another or substantially injure another. 4. Committing malpractice or incompetency. 5. Knowingly advertising by means of false, misleading, deceptive or fraudulent statements through communication media. 6. Violating this chapter or any rule adopted pursuant to this chapter. 7. Making oral or written false statements to the board. 8. Repeatedly failing to correct infractions of safety and sanitary requirements prescribed by the board in its rules. 9. Failing to comply with an order of the board. B. A licensee's or registrant's conviction of a crime or act is not a cause for the board to refuse to issue or renew a license or registration unless the crime or act is substantially related to the qualifications, functions or duties of the license or registration for which application is made. C. The expiration, cancellation, suspension or revocation of a license or registration or a licensee's or registrant's voluntary surrender of a license or registration does not deprive the board of jurisdiction to do any of the following: 1. Proceed with an investigation of a licensee or registrant. 2. Proceed with an action or disciplinary proceeding against a licensee or registrant. 3. Suspend or revoke a license or registration. 4. Deny the renewal or right of renewal of a license or registration. D. For the purposes of this section, "conviction" means a plea or verdict of guilty or a conviction following a plea of no contest. 32-573. Procedure for disciplinary action; appeal A. The board on its own motion may investigate any information 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 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 or registration, 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 or registration there is sufficient evidence for the board to notify the licensee or registrant that continuation of the activities that led to the information or report being made to the board may result in action against the licensee's license or registrant's registration. 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 or registrant concerned. The interview shall be requested by the board in writing, stating the reasons for the interview and setting a date at least ten days after 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 or registration issued pursuant to this chapter, imposition of a civil penalty or public reproof or if the licensee or registrant 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 or registrant who has been notified pursuant to subsection D of this section of charges pending against the licensee or registrant shall file with the board an answer in writing to the charges not more than thirty days after the licensee or registrant receives the complaint. If the licensee or registrant fails to answer in writing within this time, it is deemed an admission by the licensee or registrant 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 or registration issued pursuant to this chapter, imposition of a civil penalty or public reproof, the board 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 or registration there is sufficient evidence for the board to notify the licensee or registrant 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 or registrant's registration. 3. Impose probation requirements. G. If a licensee or registrant violates this chapter or a rule adopted pursuant to this chapter, the board may assess the licensee or registrant 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 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. 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. 32-574. Unlawful acts; violations; classification A. A person shall not: 1. Perform or attempt to perform barbering, cosmetology, aesthetics, nail technology, hairstyling or personal services related to eyelash extensions without a license or registration in that category issued pursuant to this chapter, or practice in a category in which the person does not hold a license or registration. 2. Display a sign or in any way advertise or hold oneself out as a barber, cosmetologist, aesthetician, nail technician, hairstylist or eyelash technician or as being engaged in the practice or business of barbering, cosmetology, aesthetics, nail technology, hairstyling or eyelash extensions without being licensed or registered pursuant to this chapter. 3. Knowingly make a false statement on an application for a license or registration pursuant to this chapter. 4. Allow an employee or another person under the person's supervision or control to perform barbering, cosmetology, aesthetics, nail technology, hairstyling or personal services related to eyelash extensions without a license or registration issued pursuant to this chapter. 5. Practice or attempt to practice barbering, cosmetology, aesthetics, nail technology, hairstyling or personal services related to eyelash extensions in any place other than in an establishment licensed by the board unless the person is requested by a customer to go to a place other than an establishment licensed pursuant to this chapter and is sent to the customer from the establishment, except that a person who is licensed or registered pursuant to this chapter may practice, without the establishment's request, barbering, cosmetology, aesthetics, nail technology, hairstyling or personal services related to eyelash extensions 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. 6. Obtain or attempt to obtain a license or registration by the use of monies other than the prescribed fees or any other thing of value or by fraudulent misrepresentation. 7. 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 who is 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. 8. Operate a school without being licensed by the board. 9. Operate an establishment without being licensed by the board and without having an individual designated as the manager of the establishment. 10. Violate 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", "barber", "cosmetologist", "nail technician", "hairstylist" or "eyelash technician" or any other title or term likely to be confused with "aesthetician", "barber", "cosmetologist", "nail technician", "hairstylist" or "eyelash technician" in any advertisement, statement or publication unless that person is licensed or registered by the board. 13. Teach barbering, cosmetology, aesthetics, nail technology or hairstyling in this state unless the person is licensed as an instructor pursuant to article 3 of this chapter. B. An instructor shall not render barbering, cosmetology, aesthetics, nail technology or hairstyling services in a school unless the services are directly incidental to instruct