Cosmetology and barbering practice amendments.

21LSO-0466
2021
STATE OF WYOMING
21LSO-0466
Numbered
2.0

HOUSE BILL NO. HB0215

Cosmetology and barbering practice amendments.

Sponsored by: Representative(s) Andrew, Burt, Clifford, Duncan, Oakley, Provenza, Rodriguez-Williams and Wilson and Senator(s) Hutchings and Steinmetz

A BILL

for

AN ACT relating to occupations and professions; providing exemptions from the Wyoming Cosmetology Act and from barber licensing requirements for the rendering of specified services; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 33
‑
7
‑
101(a)(i), 33
‑
12
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120(a) by creating new paragraphs (xx) through (xxv) and by renumbering (xx) as (xxvi) and 33
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12
‑
140(c) are amended to read:

33
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7
‑
101.

Definitions.

(a)

As used in this act:

(i)

"Barbering" means the practice upon any person or persons of any of the following acts (when done for cosmetic purposes, and not for the treatment of disease or physical or mental ailments, and when done for payment, either directly or indirectly, or without payment except for the immediate family); provided,
that the practice of blow dry styling as defined by W.S. 33
‑
12
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120(a)(xxi) and the practice of natural hair braiding as defined by W.S. 33
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12
‑
120(a)(xxiv) and
any person or persons operating a beauty salon or practicing cosmetology and its related fields exclusively shall be exempt from the provisions of this act: shaving or treating the beard or cutting the hair, singeing, shampooing or dyeing the hair, permanent waving or applying hair tonics, massaging, applying cosmetic preparations, antiseptics, powder, oil, clay or lotions, to the scalp, face or neck;

33
‑
12
‑
120.

Definitions.

(a)

As used in this act:

(xx)

"Practice of blow dry styling" means the practice of cleaning, drying, arranging, curling, straightening or styling a person's hair, hair extensions, hair pieces or wigs using only styling devices, hair sprays and topical agents including balms, oils and serums. The practice of blow dry styling shall not include cutting hair or the application of dyes, bleach, reactive chemicals, keratin treatments or other preparations to color or alter the structure of hair. The practice of blow dry styling is separate and distinct from the practice of hair styling and the practice of cosmetology;

(xxi)

"Practice of eyelash extension application" means the application, removal or trimming of threadlike natural or synthetic fibers of a person's eyelash and includes the cleansing of the eye area and lashes. The practice of eyelash extension application shall not include the application of color agents, straightening agents, permanent wave solutions or bleaching agents to the eyelash or eyebrow, or any other cosmetology service. The practice of eyelash extension application is separate and
distinct from the practice of esthetics and practice of cosmetology;

(xxii)

"Practice of makeup application" means the application of a cosmetic by hand, using an airbrush or through other means, to enhance the appearance of a person's face or skin including the application of powder, foundation, rouge, eyeshadow, eyeliner, mascara or lipstick. The practice of makeup application shall not include the application of permanent makeup or tattooing. The practice of makeup application is separate and distinct from the practice of esthetics and practice of cosmetology;

(xxiii)

"Practice of natural hair braiding" means the service of twisting, wrapping, weaving, extending, locking or braiding a person's hair by hand or with styling devices, including through the use of natural or synthetic hair extensions or fibers, decorative beads or other hair accessories, the minor trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking or braiding hair or the making of wigs from natural hair, natural fibers, synthetic fibers or hair extensions. The practice of natural hair braiding
includes the use of topical agents such as conditioners, gels, moisturizers, oils, pomades or shampoos. The practice of natural hair braiding shall not include the application of dyes, reactive chemicals or other preparations to alter the color of a person's hair or to straighten, curl or alter the structure of a person's hair, or the use of chemical hair joining agents including synthetic tape, keratin bonds or fusion bonds. The practice of natural hair braiding is separate and distinct from the practice of hair styling and practice of cosmetology;

(xxiv)

"Practice of threading" means a method of removing hair from a person's eyebrows, upper lip or other body parts by using a cotton thread to pull hair from follicles. The practice of threading includes the use of over
‑
the
‑
counter astringents, gels, powders, tweezers or scissors incidental to threading. The practice of threading is separate and distinct from the practice of esthetics and practice of cosmetology;

(xxv)

"Styling device" means brushes, clips, combs, curlers, curling irons, flat irons, hairpins, rollers, blunt tipped needles, thread or hair binders;

(xx)
(xxvi)

"This act" means W.S. 33
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12
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119 through 33
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12
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140.

33
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12
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140.

Exemptions.

(c)

The provisions of this act shall not apply to
:

(i)

The practice of blow dry styling;

(ii)

The practice of eyelash extension application;

(iii)

The practice of makeup application;

(iv)

The practice of natural hair braiding;

(v)

The practice of threading;

(vi)

P
ersons engaged in demonstrating the use of any cosmetic or beauty aid or equipment for the purpose of offering for sale to the public
such
the
cosmetic or beauty aid or equipment
;
,
or
to a person

(vii)

Persons
engaged in the business of or receiving compensation for facial makeup applications only.

Section 2
.

This act is effective July 1, 2021
.

(END)

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HB0215