Although obstacles arose early on and remain throughout the COVID-19 pandemic, including salons shutting down and slowly reopening with new parameters, safety has always been a concern and priority for beauty pros. To discuss government affairs and issues in the nail industry, such as licensing, deregulation and legislative challenges, Nailpro interviewed Myra Y. Irizarry Reddy, the director of government affairs for the Professional Beauty Association (PBA).
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Although obstacles arose early on and remain throughout the COVID-19 pandemic, including salons shutting down and slowly reopening with new parameters, safety has always been a concern and priority for beauty pros. To discuss government affairs and issues in the nail industry, such as licensing, deregulation and legislative challenges, Nailpro interviewed Myra Y. Irizarry Reddy, the director of government affairs for the Professional Beauty Association (PBA).
Nailpro: Why is it important to have professional licensing?
Myra Y. Irizarry Reddy (MR): A sustainable career choice begins with training and education provided in that chosen field. Accredited education along with hands-on experience allows an individual the opportunity to later become an expert in their career.
A career choice in the professional beauty industry can lead to many different paths of success. A licensed beauty professional can provide safe services to clients, become a small business owner, train and educate others in the industry, move on to create their own product line or work for large companies to help elevate the industry. A career choice in the beauty industry is sustainable and requires ongoing training if the professional desires to offer the most current services.
There are so many options for different services utilizing a variety of professional products for licensed nail technicians. The nail industry is continuously evolving to provide clients the newest trends.
The use of professional-only products, chemicals and instruments can only be utilized correctly if the individual is educated and trained. Professionals understand the safety and sanitation risk that can occur while providing beauty services to clients. Professionals have an awareness of diseases or injuries that pose a risk. The COVID pandemic has confirmed the need for safety and sanitation in the salon environment. States across the country closed professional beauty establishments due to the risk posed by the COVID virus. Upon slowly reopening, states provided strict guidelines to keep both professionals and clients safe. These guidelines were already mostly in place; however, establishments went above and beyond to ensure client safety by bringing in personal protection equipment [PPE] such as masks, goggles and face shields.
Thankfully, because the professional beauty industry is a licensed occupation, professionals understood the safety and sanitation process and were able to implement the best measures possible for their clients. The requirement to obtain an occupational license includes mandatory education and training. Training and education for licensed beauty professionals helped to prepare licensees to implement state reopening guidelines—this is one example why the occupational license is important.
Nailpro: Where are you seeing deregulation?
MR: The PBA views deregulation as either the reduction of or complete elimination of regulation for services provided by licensed beauty professionals. The legislative approach to deregulation can strike what was once regulated and no longer require a license/mandatory education and training for that service. An example that is occurring in multiple states is referred to as blow-dry bills. States will strike language that currently exists, which eliminates the requirement of a license/mandatory training to wash, blow dry and style hair. Other examples include the removal of licensing for natural hair care and natural or African hair braiding. A reduction or elimination of hours for education and training may also be viewed as a formof deregulation.
In March 2021, Minnesota State Representative Aisha Gomez introduced House File 2370, and Minnesota State Senator Patricia Torres Ray introduced Senate File 2126. Both bills, if passed, would exempt hairstyling, makeup application and eyelash application from licensing requirements. The legislation would drastically reduce training hours to a 40-hour course for hair coloring and an 80-hour course for hair cutting. Both bills, HF2370 and SF2126, will be carried over to the 2022 legislative session for further consideration.
West Virginia State Delegate Geoffrey Foster introduced House Bill 2333 in February 2021. His legislation would prevent the Board of Barbers and Cosmetologists from regulating/requiring that unlicensed individuals could provide beauty services. HB2333 would allow anyone to provides services if the products they use for hair, nail, skin and other beauty products are commonly available as retail/consumer products. The language of the legislation was amended into House Bill 2325—the bill did not pass.
Deregulation attempts continue every year, despite the rise of other pressing issues.
Nailpro: Are there any new issues that beauty professionals are facing?
MR: There are issues facing the beauty industry; however, they may not be considered new. Members of the PBA have shared with the government affairs team issues of concern, including hiring and retaining staff, lawsuits or potential lawsuits and the continued recovery from salon shutdowns due to COVID. Another issue the PBA sees is the dangerous misunderstanding of how to correctly provide employee compensation and properly report taxes. Each of these issues have a domino effect for the entire industry and surprisingly the blame game still occurs and has not changed over the years.
Since COVID, businesses of all sizes have revaluated their staffing and resources along with their budget. PPP [Paycheck Protection Program] loans may have helped; unemployment benefits provided much relief depending on how a person would qualify, and expenditures for PPE added to costs during the reopening process in all states.
Employment-based salon establishments share they are offering benefits, paid training, sign-on bonuses and flexibility with scheduling but are unable to hire the number of staff they need—or if they do hire them, the new staff only remains part of the team long enough for training and then leaves. Clear frustration, and in some conversations, desperation can be heard in their voices. One owner shared he had not changed his service menu prices in years but will now have to increase his prices to be able to offer a higher hourly base rate of pay to his employees. When places such as Costco or Target are offering $15 an hour to start, businesses are finding ways to be competitive to attract and retain employees.
Licensed professionals can choose to work independently, and the shutdown of beauty industry establishments due to COVID may have caused a stronger shift toward individuals working on their own.
Despite how or where a licensed professional chooses to provide beauty services to clients, many have found themselves facing an IRS audit, owing taxes, or worse, facing a lawsuit for compensation-related claims. Properly reporting all income, including tips, and paying taxes will increase the annual reported compensation for the beauty industry. Accurate reporting will have a positive impact on the industry overall.
Nailpro: What can nail professionals and salon owners do to help keep this industry growing?
MR: Nail professionals can talk about their training and their profession. Educate others about the steps to provide a safe and sanitary environment for their clients. Meet with elected officials, educate them about your career choice; explain how a choice in the beauty industry can lead to a very exciting and sustainable long-term career.
Do not idly allow individuals who do not understand the profession to disparage it and claim it is not worthy of an occupational license. This continued tired and repetitive argument against licensing is misplaced and misdirected toward the beauty industry. The beauty industry is diverse; it is easy to enter the beauty industry—no matter where a person lives in the United States or where a person traveled from. A career in the beauty industry is attainable, and success can be found.
The issue most opponents have with licensing is the cost associated with obtaining the license; the inconsistent number of hours from state to state to complete an accredited program; in some cases, requiring a license for a service that is not taught in a school; and in general, the dislike of government regulating any industry with an occupational license requirement. There is room for improvement; however, a blanket decision to disapprove of and attempt to deregulate licensing across the board is not a one-size-fits-all solution. Disregarding the mandatory requirements of an education for an industry that provides personal contact services for clients is not beneficial or safe for clients. Think of any career choice for a long-term sustainable path where an individual can truly thrive and grow—career choices with this expectation require an education and training, which is a requirement for obtaining an occupational license to provide a professional serviceto clients.
There are individuals in the beauty industry who do not have a strong opinion one way or the other regarding occupational licensing—this simply is not of concern. Some may even disagree that it is needed; they may support options such as certification, a voluntary process. Ideas also include having the professional beauty industry self-regulate and monitor professionals. All options, all a heavy lift from where industry regulations resulting from state laws exist today.
About the Author
Myra Y. Irizarry Reddy is the director of government affairs for the Professional Beauty Association. She writes advocacy campaigns, policy positions and testimony. She has served as a staff member for the U.S. Senate, U.S. House, the Texas State Legislature and the California State Assembly. She holds two Master of Arts degrees in political science and criminology and criminal justice.
