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2017 Legislative Updates, Board of Cosmetology and Barber Examiners 06/30/2017

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Tennessee Board of Cosmetology and Barber Examiners


2017 Legislative Update

 


Pursuant to Tenn. Code Ann. § 4-3-1306(d), you are receiving this notice because you have elected to receive notification by e-mail of certain changes or potential changes to the law applicable to your profession. You will need to review the full text of the relevant laws as this is a summary. The Tennessee Board of Cosmetology and Barber Examiners (“Board”) hereby provides notice of the following substantive law changes:
1) Master Barbers are allowed to perform services in residences upon obtaining a residential barber certificate issued by the Board effective January 1, 2018. http://publications.tnsosfiles.com/acts/110/pub/pc0102.pdf

2) There is no longer a license requirement for individuals whose occupation or practice is confined solely to shampooing. http://publications.tnsosfiles.com/acts/110/pub/pc0227.pdf

3) A licensed master barber may apply to test as a cosmetologist upon completion of three hundred (300) hours in a licensed school of cosmetology learning the fundamentals of cosmetology technique and pedicuring. In addition, a licensed cosmetologist may apply to test as a master barber upon the completion of three hundred (300) hours in a registered barber school or college regarding the fundamentals of straight razor shaving and barbering technique.
http://publications.tnsosfiles.com/acts/110/pub/pc0226.pdf

Please contact Cherrelle Hooper, Assistant General Counsel, at (615) 741-3072 or electronically at Cherrelle.Hooper@tn.gov for additional assistance.

Tennessee State Board of Cosmetology and Barber Examiners 2017 Rules Update


Pursuant to Tenn. Code Ann. § 4-3-1306(d), you are receiving this notice because you have elected to receive notification by e-mail of certain changes or potential changes to the law applicable to your profession. You may have received a similar notice on or about April 12, 2017 regarding these rules. These rules may impact you as a holder of a license with the Tennessee State Board of Cosmetology and Barber Examiners (“Board”). Highlights to these new changes are as follows:
The following rule changes, which can be reviewed in their entirety at http://share.tn.gov/sos/rules_filings/03-08-17.pdf, became effective on June 30, 2017:

0440-02-.13 - Increases the fees for certain cosmetology and related licenses and renewals. Also sets the fee for dual shop licenses, dual shop license renewals, annual school renewals, and retiring a license.


0200-01-.11 – Decreases fees and penalties regarding barbers and related licenses and registrations to make the fees consistent with those charged to cosmetology licensees. Adds a fee for retirement of a license, new dual shop license, and dual shop license renewal. Increases the fee for a lost, misplaced or mutilated certificate of registration.


The following rule changes, which can be reviewed in their entirety at http://share.tn.gov/sos/rules_filings/03-06-17.pdf, became effective on June 7, 2017:


Cosmetology Rules


0440-01-.03 – Authorizes the board to allow a person to test for a cosmetology license if they have held a master barber certificate in Tennessee or another jurisdiction for five (5) continuous years.


0440-01-.05 – Amends the requirements for certain information to be submitted by a cosmetology school operator in their application and sets out documents required to be maintained by such schools.


0440-01-.06 – Adds a requirement for schools to keep copies of all receipts or payments the student has made or received in the student's files. This rule also adds a requirement that every student enrollment agreement shall include additional policies, must have page numbers, and be initialed by the student on each page. It also requires documentation for students enrolling in teaching programs that the school notify the enrollee in writing that one must have been licensed for three continuous years prior to applying for an instructor's license.


0440-01-.11 - Adds a requirement that a teacher training program submitted for approval will conform to professional standards as determined by the Board.

 

Barber Rules 


0200-01-.02 - Adds a requirement that every student enrollment agreement shall include additional policies, must have page numbers, and be initialed by the student on each page. It also adds a requirement that anyone seeking to operate a new school shall first pay the fee and submit specific information to the Board such as a copy of its curriculum, a sample of their catalog, an enrollment agreement, a refund policy, a backup method for logging hours, and a plan to keep part time and fulltime files separate. Regarding transfers, cancellations, and refunds, this rule adds requirements for schools to maintain certain documentation of refunds owed to students and have a written policy that explains how credit hours will be handled from other institutions as well as a policy detailing teach-out programs or student options in event of a school's closure for an extended period of time. This rule requires schools to keep copies of all tests, evaluations, and progress reports in the student's file and students to initial all evaluations and progress reports. Upon yearly renewal of a license, a school must disclose any changes to its student enrollment agreements or other changes affecting students. It also adds an apprenticeship curriculum allowing an applicant to obtain 50% of the required hours for a specific license through classroom instruction and 50% of the required hours under the direct supervision or responsible charge of a licensed professional. The rule provides definitions relevant to this rule and specifies how the apprenticeship curriculum must operate and details the specific records that must be maintained by any school offering an apprenticeship curriculum. The rule details the responsibility of a participating school to confirm a supervising licensed professional's qualifications and the documentation that the school must maintain related to that person. Provides transfer rules related to apprenticeship experience and details the amount of time to complete the program as well as the attire that must be worn by participating students.


0200-01-.13 - Allows any person holding a valid cosmetology license to appear before the Board and request to sit for the master barber exam if the person has held a cosmetology license in Tennessee or another jurisdiction with reciprocity with Tennessee for five (5) continuous years.


0200-01-.14 - Adds a requirement that a teacher training program submitted for approval will conform to professional standards as determined by the Board.

If you have any questions or concerns about these rules, please contact Cherrelle Hooper, Assistant General Counsel, at (615) 741-3072 or electronically at Cherrelle.Hooper@tn.gov.

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