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Tennessee Board of Cosmetology 2014 Legislative Update
The Tennessee General Assembly has recently made changes to statutes which may impact you as a holder of a license with the Cosmetology Board. These new changes as set out in the following Public Chapters specifically amend the Tennessee Code Annotated as follows:
Public Chapter No. 863 allows the Cosmetology and Barber Boards to issue an authorization to provide postsecondary education to schools licensed by the Boards meeting certain requirements. The Act also sets out the grounds for the invalidation of such authorization and the complaint process attached to the authorization. Sections 1 and 2 of the Act took effect on April 10, 2014 and expire on June 30, 2014. Section 3 of the Act takes effect on July 1, 2014, and expires on June 30, 2015. Section 4 of the Act took effect on April 10, 2014, and expires on June 30, 2015. A copy of the new law is available for review on the website of the Tennessee General Assembly here: http://www.tn.gov/sos/acts/108/pub/pc0863.pdf
Public Chapter No. 818 amends Tenn. Code Ann. § 49-7-2004(a)(7) to allow a school of barbering or cosmetology to seek authorization from the Tennessee Division of Postsecondary School Authorization if an authorization issued by the Tennessee Department of Commerce and Insurance is deemed insufficient for purposes of student financial aid by the U.S. Department of Education. This Act took effect on April 10, 2014, and expires on June 30, 2015. A copy of the new law is available for review on the website of the Tennessee General Assembly here: http://www.tn.gov/sos/acts/108/pub/pc0818.pdf
Public Chapter No. 964 creates a new Board of Cosmetology and Barber Examiners. This board will administer the laws and rules currently administered by the Tennessee Board of Cosmetology and the Tennessee Board of Barber Examiners. The Act also sets out the terms and membership of the new board, to be appointed by the governor as stated below:
(A) Three cosmetologists;
(B) Two master barbers;
(C) One manicurist;
(D) One aesthetician;
(E) One natural hair stylist;
(F) One cosmetology or barber instructor;
(G) One cosmetology or barber shop owner;
(H) One member shall be an owner of a cosmetology school licensed by the board;
(I) One member shall be an owner of a barber school licensed by the board;
(J) One public member, who must have a baccalaureate degree with a major in education who is not engaged in the occupation of cosmetology or barbering; and
(K) One public member, who must be at least 21 years of age who is not required to meet the educational degree requirements as the public member listed in subdivision (J), and who is not engaged in the occupation of cosmetology or barbering.
This law will take effect on July 1, 2014. A copy of the new law is available for review on the website of the Tennessee General Assembly here: http://www.tn.gov/sos/acts/108/pub/pc0964.pdf
Public Chapter No. 815, amends Title 40, Chapter 29, relative to restoration of citizenship. This Act allows certain persons beginning on January 1, 2015, who have had their rights of citizenship restored to petition the court for a certificate of employability. If a person obtains such a certificate, an agency may not deny the issuance, restoration or renewal of an occupational license solely on the person’s past record of criminal activity but, instead, must consider each such applicant on a case-by-case basis. The certificate of employability preempts any existing rule that authorizes or requires the denial or refusal to issue, restore or renew a license based on the person’s past record of criminal history; however, any agency may promulgate new rules which allow or require such a denial or refusal to issue, restore or renew a license notwithstanding the certificate based on the time elapsed since the criminal offense or the nature of the offense having a direct bearing on the fitness or ability to perform any duty or responsibility necessarily related to the sought license. Further, employers that hire individuals holding a certificate of employability may be provided with defenses to certain civil actions based on such hiring. This law became effective on April 28, 2014. A copy of the new law is available for review on the website of the Tennessee General Assembly here: http://state.tn.us/sos/acts/108/pub/pc0815.pdf
Public Chapter No. 881, amends Tenn. Code Ann. §§ 62-76-201 and 202, and Tenn. Code Ann. §§ 68-1-129 and 130, relative to each board and commission created under Title 62. This Act requires each board and commission in consultation with the division of Regulatory Boards develop a plan to create an apprentice program for use by such board or commission. The details of the plan shall include specific items set out in the Public Chapter and shall be submitted to the speaker of the senate, the speaker of the house of representatives, the government operations committees of the senate and the house of representatives, the commissioner of commerce and insurance, the commissioner of health and the commissioner of labor and workforce development on or before December 31, 2014. If any board or commission has statutorily created apprenticeship programs or previously had such programs, it shall submit a similar report detailing information about such programs as set out in the Public Chapter. This law became effective on May 1, 2014. A copy of the new law is available for review on the website of the Tennessee General Assembly here: http://state.tn.us/sos/acts/108/pub/pc0881.pdf
If you have any questions or concerns about these new laws, please contact us by email at reg.boards@tn.gov.
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