HB 1126 — Summary (North Dakota: Cosmetology/Esthetics Licensing and Regulation)
Status
- Introduced: November 12, 2024
- Legislative action: Passed both chambers in spring 2025 (third readings and committee reports recorded)
- Filed with Secretary of State: April 23, 2025 (check the official codified Act for final chapter/Act number and effective date)
Purpose
- Modernize and reorganize North Dakota’s cosmetology statute (chapter 43‑11 NDCC) to: (1) create a licensing pathway and practice standards for “advanced estheticians”; (2) update definitions and scopes of practice for cosmetologists, estheticians and manicurists; (3) add new regulatory sections addressing inspections, apprenticeship programs, military reciprocity, and late renewals; and (4) repeal outdated provisions.
Key provisions and changes
- New sections: Creates and enacts eleven new sections to chapter 43‑11 establishing (among other items) salon and school inspection authority, provisions for salons operating in nursing homes/basic care/assisted living facilities, military/military‑spouse reciprocity, advanced esthetician licensure, and late renewal rules for establishments and schools.
- Definitions and scopes (multiple NDCC sections amended):
- Establishes terms such as “advanced esthetician,” “advanced esthetics,” “ablative esthetic procedure,” and “invasive care.”
- Explicitly identifies advanced esthetic procedures that are permitted (e.g., microneedling, advanced chemical peels, extractions using lancets) and distinguishes those that are excluded (ablative procedures, medical treatments).
- Clarifies concentration thresholds for cosmetic peels and what constitutes invasive procedures (e.g., laser use, specified acid/chemical concentrations).
- Licensing and program changes:
- Creates an advanced esthetician license and adjusts licensure categories for cosmetologists, estheticians, manicurists, instructors, and “master” titles.
- Authorizes apprenticeship programs registered with the U.S. Office of Apprenticeship and defines apprentice/apprentice‑trainer/approved apprenticeship establishment processes and board rulemaking authority.
- Introduces an “independent licensee” concept for practitioners who operate within, but separate from, an establishment (e.g., suite/booth operators), subject to establishment rules.
- Inspections and special settings: Authorizes and clarifies inspections of salons and schools, and permits regulated salon services to be provided in long‑term care settings under specified conditions.
- Military reciprocity: Establishes provisions to allow licensure reciprocity or facilitated licensing for military members and military spouses (details and implementation by board rules).
- Administrative and licensing technical changes: Revises provisions on school and salon licensing, adds late renewal rules for establishments and schools, and removes obsolete provisions (see repeals).
- Repeals: Sections 43‑11‑11.1, 43‑11‑17, and 43‑11‑27.1 NDCC are repealed (these related to brush roller use, certain school/salon license provisions, and esthetician/manicurist licensing qualifications/fees).
- Penalty: The bill includes a penalty provision for violations (specific sanctions to be found in the enacted text).
Who is affected
- Practitioners: cosmetologists, estheticians, the new advanced estheticians, manicurists, instructors, master license holders, and apprentices.
- Business entities: salons, cosmetology schools, independent/suite licensees, and establishments operating in care facilities.
- Consumers: clients receiving esthetic or advanced esthetic services (safety definitions and scope changes affect what services are permitted and by whom).
- Regulatory bodies: State Board of Cosmetology (rulemaking and enforcement), and related state agencies that interact on inspections or military reciprocity implementation.
Procedural/timeline notes and next steps
- The bill amends or reenacts numerous sections of chapter 43‑11 (see bill caption for the full section list). It also creates 11 new statutory sections and repeals three older ones.
- The bill delegates considerable implementation detail to board rulemaking (e.g., apprenticeship rules, establishment approvals, reciprocity procedures). Stakeholders should consult the enacted statute and subsequent board rules for exact licensing requirements, fee changes, application processes, effective dates, and any emergency‑clause timing.
- Recommended action for affected parties: review the final enacted text and proposed administrative rules from the State Board of Cosmetology to determine new training/education requirements, permitted procedures, inspection expectations, and application or renewal deadlines.
