Barbering and cosmetology practice amendments.

23LSO-0532
2023
STATE OF WYOMING
23LSO-0532
Numbered
2.0

SENATE FILE NO. SF0126

Barbering and cosmetology practice amendments.

Sponsored by: Senator(s) Ide, Hutchings and Steinmetz and Representative(s) Andrew, Oakley and Singh

A BILL

for

AN ACT relating to occupations and professions; providing exemptions from the Wyoming Cosmetology Act and from barber licensing requirements for rendering of specified services; providing definitions; amending licensure requirements for barbers, cosmetologists, hair stylists, estheticians and nail technologists or manicurists; amending definitions; and providing for an effective date.

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

Section 1
.

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

33
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7
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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
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12
‑
120(a)(xx), the practice of natural hair braiding as defined by W.S. 33
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12
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120(a)(xxiii) 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
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7
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209.

Qualifications for registration as barber; examination.

(a)

A certificate of registration to practice barbering shall be issued upon passage of a board administered or board approved examination, and upon meeting all requirements set forth by board rule and regulation, to any person who files a completed application, accompanied by the required fees and documentation and who:

(i)

Has graduated from an approved barber school or college
, has an education equivalent to the completion of the second year of high school
and is at least seventeen (17) years of age;

(d)

The board shall not require more than six hundred (600) hours of study to obtain a certificate of registration to practice barbering.

33
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12
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120.

Definitions.

(a)

As used in this act:

(v)

"Practice of cosmetology" means any single practice or service or a combination of practices or services performed for others for the improvement and beautification of the hair, skin and nails of the human body for cosmetic purposes
and includes hairstyling, esthetics, manicuring and nail technology
;

(ix)

"Practice of hair styling" means any single practice or service or a combination of practices or services performed for others
, including hair cutting,
for the improvement and beautification of the hair for cosmetic purposes;

(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 the 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 the 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 the practice of cosmetology;

(xxiv)

"Practice of threading" means the 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
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the
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counter astringents, gels, powders, tweezers or scissors incidental to threading. The practice of threading is separate and distinct from the practice of esthetics and the 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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140.

33
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130.

Licensure by examination.

(a)

An applicant for admission to board examination shall meet the following requirements:

(i)

Be a graduate of a cosmetology, manicuring or nail technology, esthetics or hair styling school and have met
the following
training requirements comparable to those set forth in board rules
:
;

(A)

For the practice of cosmetology, not more than one thousand (1,000) hours of study;

(B)

For the practice of hair styling, not more than six hundred (600) hours of study;

(C)

For the practice of esthetics, not more than six hundred (600) hours of study;

(D)

For the practice of manicuring or nail technology, not more than four hundred (400) hours of study.

33
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12
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140.

Exemptions.

(c)

The provisions of this act shall not apply to
:

(i)

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 cosmetic or beauty aid or equipment
;
, or to a person engaged in the business of or receiving compensation for facial makeup applications only.

(ii)

The practice of blow dry styling;

(iii)

The practice of eyelash extension application;

(iv)

The practice of makeup application;

(v)

The practice of natural hair braiding;

(vi)

The practice of threading.

Section 2
.

This act is effective July 1, 2023
.

(END)

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SF0126