The License Debates
The License Debates
Author: Jenna White | San Francisco Hairstylist
January 22nd, 2022
January 22nd, 2022
In August of 2021, the Wall Street Journal (WSJ) published an article titled "Covid-19 Rekindles Debate Over License Requirements for Many Jobs". In it they shared that an executive order would be signed by President Biden in September of 2021 calling for "the Federal Trade Commission to ban unnecessary occupational licensing restrictions that impede economic mobility". Hair professionals (hairstylists and barbers) have been required to obtain a license via a specified number of hours in academic training and a practical exam, administered by the State Board, for decades. For example, California has had a version of occupational licensing for hair professionals since 1927. Each state's individual codes outline licensing requirements and regulations for operating a beauty business, along with disciplinary measures for failing to adhere to the guidelines, usually in the form of fines. They put these in place to protect the public that utilizes those beauty services. In this post, I want to outline aspects of the licensing debate to help my beauty industry colleagues think through their opinion on the licensing rules (which will be unique to your state), what license they need and how to maintain their competitive edge in a changing market.
The Debate Over Hair Braiding Licenses
One of the oldest and most heated debates over hair licensing requirements is on whether or not hair braiding businesses should need one to operate. The Director of the Bush Institute-SMU Economic Growth Initiative, Cullum Clark, recently stated on the podcast Freakonomics "All over America, we have overly restrictive occupational licensing rules. We make it too hard to start a hair-braiding salon, to use arguably the most famous example." The August 2021 WSJ article included an interview with a hair braiding salon owner in Greta, Louisiana. She shared that licensing rules have made it difficult for her to expand her business because each new employee must "first complete 500 hours of training to obtain a cosmetologist’s license, or else [she faces] fines [of] up to $5,000." Many people pass on her job offers when they learn they will need to go through that training, and that the schools providing the training will also cost money.
In February of 2018 Allure magazine published an article titled "The Winding Road: 4 Hair Braiders Open Up About the Significance of Braids". Their stories highlight the cultural relevance of braids, with an important point being that traditionally it is a practice taught by family to other family members, not by an institution. Due to this, it is understandably frustrating that anyone practicing the art of hair braiding would be required to attend cosmetology school (which does not train for these services) and obtain a license to offer the service as a business. This frustration is further aggravated by the fact that many states mandate that cosmetology licenses cover the ability to practice as a nail technician and esthetician (skin), along with the ability to practice hair. This results in more hours of training and a higher cost. The license also includes proficiency in chemicals (color, relaxers and perms), which are not related to hair braiding.
Anyone who has taken the State Board exam for a cosmetology license will tell you that the point of the test is clear - despite having parts where the test taker demonstrates proficiency in hair cutting, coloring, relaxing, perming and styling skills, it's focused on proving you know how to properly sanitize your tools and work area to prevent the spread of disease. Often the majority of your industry training starts after you graduate, depending on the school and state, because of this. The argument for enforcing cosmetology licenses among anyone who practices hair is the goal of upholding the training for these sanitation procedures. Observing the spread of a disease like Covid is a reminder about how important training on this can be.
However, the structure of the licensing has not been enthusiastically embraced by the hair industry for a long time. It has been equally frustrating to cosmetology license holders focused on hair, nails or skin that they have to learn all three while in school rather than focus on the one or two areas they're interested in. There is a general feeling that collaboration with the government on this issue has taken a long time, though we are now seeing some changes being made (such as SB 803, discussed in the next section). In the instance of hair braiding, some states have allowed for a new license to better meet business owners' needs, but the costs associated with obtaining that license still create barriers.
One of the oldest and most heated debates over hair licensing requirements is on whether or not hair braiding businesses should need one to operate. The Director of the Bush Institute-SMU Economic Growth Initiative, Cullum Clark, recently stated on the podcast Freakonomics "All over America, we have overly restrictive occupational licensing rules. We make it too hard to start a hair-braiding salon, to use arguably the most famous example." The August 2021 WSJ article included an interview with a hair braiding salon owner in Greta, Louisiana. She shared that licensing rules have made it difficult for her to expand her business because each new employee must "first complete 500 hours of training to obtain a cosmetologist’s license, or else [she faces] fines [of] up to $5,000." Many people pass on her job offers when they learn they will need to go through that training, and that the schools providing the training will also cost money.
In February of 2018 Allure magazine published an article titled "The Winding Road: 4 Hair Braiders Open Up About the Significance of Braids". Their stories highlight the cultural relevance of braids, with an important point being that traditionally it is a practice taught by family to other family members, not by an institution. Due to this, it is understandably frustrating that anyone practicing the art of hair braiding would be required to attend cosmetology school (which does not train for these services) and obtain a license to offer the service as a business. This frustration is further aggravated by the fact that many states mandate that cosmetology licenses cover the ability to practice as a nail technician and esthetician (skin), along with the ability to practice hair. This results in more hours of training and a higher cost. The license also includes proficiency in chemicals (color, relaxers and perms), which are not related to hair braiding.
Anyone who has taken the State Board exam for a cosmetology license will tell you that the point of the test is clear - despite having parts where the test taker demonstrates proficiency in hair cutting, coloring, relaxing, perming and styling skills, it's focused on proving you know how to properly sanitize your tools and work area to prevent the spread of disease. Often the majority of your industry training starts after you graduate, depending on the school and state, because of this. The argument for enforcing cosmetology licenses among anyone who practices hair is the goal of upholding the training for these sanitation procedures. Observing the spread of a disease like Covid is a reminder about how important training on this can be.
However, the structure of the licensing has not been enthusiastically embraced by the hair industry for a long time. It has been equally frustrating to cosmetology license holders focused on hair, nails or skin that they have to learn all three while in school rather than focus on the one or two areas they're interested in. There is a general feeling that collaboration with the government on this issue has taken a long time, though we are now seeing some changes being made (such as SB 803, discussed in the next section). In the instance of hair braiding, some states have allowed for a new license to better meet business owners' needs, but the costs associated with obtaining that license still create barriers.
Braiding License Requirements
No License Required (0 training hours required) |
Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, New Hampshire, North Dakota, Oklahoma, Rhode Island, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin |
Special Braiding License Required (6 - 600 training hours) |
Alabama, Alaska, District of Columbia, Illinois, Louisiana, Missouri, Nevada, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, Tennessee |
Full Cosmetology License Required (1000 - 2300 training hours) |
Hawaii, Idaho, Montana, New Mexico, Wyoming |
Sources:
Braiding Freedom
Standing Up For Natural Hair Braiders' Right to Earn an Honest Living
Braider Opportunity and Freedom Act
Cosmetology State Board pages per state
Braiding Freedom
Standing Up For Natural Hair Braiders' Right to Earn an Honest Living
Braider Opportunity and Freedom Act
Cosmetology State Board pages per state
The Debate Over California's SB 803 Bill (Effective as of January 1st, 2022)
SB 803 was already being discussed by California's State Board in mid-2021, but the executive order signed by President Biden in September of 2021 undoubtedly helped speed up decisions. Some California Beauty Schools voiced concerns over the bill. One of the most notable comments were that several large chain salons have pushed for it, potentially increasing their hiring pool and lowering costs, but also reducing the industry's earning power (if you haven't seen the 2014 documentary on the hair industry called The Reset I recommend you watch it).
Some key topics the bill targeted that have been debated in the past include:
The Debate Over California's SB 803 Bill (Effective as of January 1st, 2022)
SB 803 was already being discussed by California's State Board in mid-2021, but the executive order signed by President Biden in September of 2021 undoubtedly helped speed up decisions. Some California Beauty Schools voiced concerns over the bill. One of the most notable comments were that several large chain salons have pushed for it, potentially increasing their hiring pool and lowering costs, but also reducing the industry's earning power (if you haven't seen the 2014 documentary on the hair industry called The Reset I recommend you watch it).
Some key topics the bill targeted that have been debated in the past include:
- The ability for students to get paid for extern hours they spend learning in a real world salon environment during school
- The number of extern hours students can put towards the hours required to graduate
- Allowing the practice of non-chemical hairstyling services (for example, haircuts, blowdrys, shampoos and updos) without a cosmetology license
- How easily a cosmetology license from another state could be transferred to California (also know as Reciprocity)
The bill's changes were put into effect on January 1st of 2022. You can read the the full SB 803 bill here. As stated on the California Board of Barbering and Cosmetology documentation titled "Senate Bill (SB) 803 (Roth, Chapter 648, Statutes of 2021) Questions and Answers", SB 803 does the following:
- Reduces the cosmetology and barbering programs to 1,000 hours (from 1,600 and 1,500 respectively).
- Creates a 600-hour program for a new (non-chemical) hairstylist license.
- Changes the esthetic scope of practice to include lash and brow tinting and perming.
- Removes the practical examination and therefore eliminates the pre-application process.
- Changes the number of board members from 9 to 13 and requires that one licensee from each sector of the industry be represented on the Board.
- Allows for a streamlined endorsement process to license an individual from another state that holds a valid license in that state.
- Requires an apprentice to receive their pre-apprentice training from the Board prior to licensure.
- Updates the requirements for a mobile unit.
- Increases hours allowed in the extern program.
Some of the changes that will benefit the industry are:
Some of the changes that may have/continue to have a negative impact on the industry:
Some of the changes that will benefit the industry are:
- The new non-chemical license will make several things easier, some of which include:
- For those that want to specialize in haircutting services, training can be completed faster and work started sooner.
- Cosmetology students will be able to earn money sooner if they obtain the license while working to acquire one that includes chemicals.
- Anyone who practices hair will still be required to have a license, which protects the industry's investment in licensing (government and businesses) and acknowledges the industry utilizes a complex skillset, which elevates earning potential.
- Cosmetology licenses will no longer require a practical exam (demonstrating different skillsets on a mannequin and mock workstation), only a written one.
- The increased allowance of hours for the extern program enables students to spend more time learning in a real world environment during training, plus earn money working sooner. Previously, to be eligible for the extern program, students had to complete 60% of their training, could only work 8 unpaid hours per week, and could only cover 10% of the overall training hours required via extern hours. Post-SB 803, students are now eligible for the extern program after completing 25% of their training, can work up to 25 paid hours per week, and can cover 25% of the overall training hours required via extern hours.
Some of the changes that may have/continue to have a negative impact on the industry:
- A date has not been set for when the non-chemical license will become available, meaning cosmetology students who have been impacted by Covid will not be able to take advantage of it yet.
- The hair, nail technician and esthetician training requirements still have not been split into three separate licenses.
- Increased allowances for hair professionals operating as a mobile salon may contribute to driving earning potential down if they become more popular via influence from the tech industry. The concept of "Uber for hair" may not be beneficial to hair professionals because someone who books 30 minute appointments can only see 9 clients in a 9 hour workday if they need to account for 30 minutes of travel and set up time between each appointment, as opposed to 16 clients plus a one hour lunch break if clients are serviced at a non-mobile location. Profit margins on higher pricing for an on demand mobile clientele would be cut into by the cost of gas and a lower daily client capacity.
Conclusion
Easier licensing requirements mean a new workforce will be entering the market at a faster pace. That workforce will have an advantage because they will not be encumbered by the higher number of training hours and subsequently larger loans needed to practice. Now more than ever we will need to think about how we differentiate our work and attract new customers in an increasingly competitive market.
Easier licensing requirements mean a new workforce will be entering the market at a faster pace. That workforce will have an advantage because they will not be encumbered by the higher number of training hours and subsequently larger loans needed to practice. Now more than ever we will need to think about how we differentiate our work and attract new customers in an increasingly competitive market.