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Tennessee State Board of Cosmetology and Barber Examiners
2016 Legislative Update
The Tennessee General Assembly has recently made changes to statutes which may impact you as a holder of a license with the Tennessee State Board of Cosmetology and Barber Examiners (“Board”). These new changes as set out in the following Public Chapters specifically amend the Tennessee Code Annotated as follows:
Public Chapter No. 0719 (SB2594/HB2496), amends the language for the Barber Examiners code so that a conviction of a felony affects licensure only if the offense is determined by the board to bear significance to the applicant’s ability to practice. This Act took effect April 6, 2016. A copy of the new law is available for review on the website of the Tennessee Secretary of State here: http://share.tn.gov/sos/acts/109/pub/pc0719.pdf.
Public Chapter No. 0838 (SB2534/HB2569), defines the manager and designated manager roles in all cosmetology and barber shops. Language is added to clarify shop applications and consideration for shops with dual licenses. Rules must be promulgated for this change to take place. This Act takes effect July 1, 2016. A copy of the new law is available for review on the website of the Tennessee Secretary of State here: http://share.tn.gov/sos/acts/109/pub/pc0838.pdf.
Public Chapter No. 0983 (SB2167/HB2486), adds the ability to operate licensed mobile shops as long as the applicant: also holds a valid barber or cosmetology shop license related to a fixed location, that license will directly relate to the mobile shop license; completes the application and pays the fee set by the board; and passes the initial inspection. Rules must be promulgated for this to take place. This Act will take effect January 1, 2017. A copy of the new law is available for review on the website of the Tennessee Secretary of State here: http://share.tn.gov/sos/acts/109/pub/pc0983.pdf.
Public Chapter No. 0991(SB2374 / HB2373), allows more flexibility of student hours by increasing the per day limit to a maximum of ten (10) hours or up to six (6) days per week. Applicants for master barber instructor license must be licensed master barbers for three (3) consecutive years, complete 300 hours and pass both exams after July 1, 2017. On or before June 30, 2017 to obtain a master barber instructor license the applicant must complete 450 hours and the exams but they do not also need to have three years (3) of licensure. This Act takes effect July 1, 2016. A copy of the new law is available for review on the website of the Tennessee Secretary of State here: http://share.tn.gov/sos/acts/109/pub/pc0991.pdf.
Public Chapter No. 1053 (SB2469 / HB2201), known as the “Right to Earn a Living Act”, requires that on or before December 31, 2016, each state licensing authority (state board, commission, council or committee) submit all existing or pending regulations to the chairs of the Government Operations Committees and that the committees perform a study of all submitted regulations and, at their discretion, conduct a hearing regarding any such regulation. During the review of the entry regulations, the committees shall consider whether an entry regulation is not required by state or federal law, is unnecessary to protect the public health, safety or welfare, has the purpose or effect of unnecessarily inhibiting competition or arbitrarily denying entry into the profession, if such regulation could be accomplished by less restrictive means or if the regulation is outside the scope of the licensing authority’s statutory authority. If a regulation meets one of those factors, the committees may disapprove of the regulation and request that the authority amend or repeal it. If the licensing agency does not initiate compliance with the committees’ request within ninety (90) days or does not comply within a reasonable amount of time, the committees may then vote to request that the General Assembly suspend all or part of the agency’s rulemaking authority. Beginning January 1, 2018, each licensing authority must submit all new entry regulations to the committees prior to a “Sunset” hearing being held. This Act took effect upon passage, April 28, 2016. A copy of the new law is available for review on the website of the Tennessee Secretary of State here: http://share.tn.gov/sos/acts/109/pub/pc1053.pdf.
If you have any questions or concerns about these new laws, please contact the board by email at Cosmetology.Board@tn.gov.
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