Testimony in Support of HB 58 — Institute for Justice, House Commerce and Labor Committee (March 24, 2023)

Summary

Testimony in support of HB 58 dated March 24, 2023, from Jessica Poitras, Legislative Counsel at the Institute for Justice, to Chairman Johnson and the House Commerce and Labor Committee. The testimony says the Institute for Justice has helped reform beauty industry laws in over 24 states over nearly 30 years and cites its report Beauty School Debt and Drop-Outs. It states that the average student in Ohio takes out about $7,896 of Federal Student Loan debt for a first program and that only about 26% of cosmetology students graduated on time in 2016-17. It names braiding, blow dry styling, eyelash extension application, makeup application and threading as niche beauty services and urges the committee to support HB 58.

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                     Institute for Justice’s Testimony in Support of HB 58
                                          March 24, 2023
Dear Chairman Johnson and Members of the House Commerce and Labor Committee,
       Thank you for the opportunity to testify in support of HB 58 which would create more
jobs and opportunities for aspiring beauty entrepreneurs. My name is Jessica Poitras, and I am
Legislative Counsel at the Institute for Justice. The Institute for Justice is a national nonprofit
organization that advocates for individual rights. For nearly 30 years, we have helped reform
beauty industry laws in over 24 states through litigation and legislative efforts. We also recently
published the first-of-its-kind report, Beauty School Debt and Drop-Outs: How State
Cosmetology Licensing Fails Aspiring Beauty Workers which details how state-mandated
cosmetology programs are roadblocks rather than steppingstones.
        Ohio’s beauty industry is ripe with opportunity, but current licensing laws shut people out
of jobs. Ohio’s beauty service professionals are required to comply with one of the country’s
most complex and complicated licensing regimes. Outdated licensing requirements force beauty
professionals into time consuming and costly traditional cosmetology programs ─ even when
those programs do not teach services that aspiring professionals want to offer.
        Traditional cosmetology licensing laws prevent niche beauty professionals from entering
the industry. Niche beauty services include braiding, blow dry styling, eyelash extension
application, makeup application, and threading. These services are different from the practices of
cosmetology or barbering because they do not use dangerous tools, chemicals, or dyes; they are
limited in their scope of practice; and niche beauty professionals train outside of traditional
cosmetology programs through methods like private certification or cultural exchange. Most
traditional cosmetology programs do not teach niche beauty services and if they do it is at a
rudimentary level. Even so, aspiring niche beauty professionals must complete traditional
cosmetology programs as a requirement for licensure to legally provide their services.

        The average student in Ohio takes out about $7,896 of Federal Student Loan debt to
complete their first program and most students do not graduate on time. In 2016-17, only about
26% of cosmetology students graduated on time. Their peers were forced to incur even more
debt to finish their training. The result being that many niche beauty professionals work in
underground economies, where they face exploitation, or they continue to incur insurmountable
debt that also raises costs for consumers, without giving them any more benefit. HB 58 is a
solution for aspiring beauty professionals based on proven methods of reforms that have created
jobs and opportunities.

       I encourage this committee to support HB 58 for three reasons. First, niche beauty
services are safe. Braiding, blow dry styling, eyelash extension application, makeup application,
and threading pose no risks to consumers. Nationwide, there have been very few complaints filed
with state boards of cosmetology about health and safety issues related to these niche services.
When complaints are made, they are typically about whether the service provider is licensed ─
not health or sanitation concerns.
        Second, most states already exempt niche beauty services from licensure requirements.
West Virginia, Indiana, Kentucky, Michigan and 28 other states exempt natural hair braiding
from licensing requirements. Over a dozen states exempt shampooing from licensing
requirements. Five states exempt blow dry styling from licensing requirements.13 states exempt
makeup application from cosmetology or esthetician licensing requirements. Most states also
exempt makeup application for theatre, television, movie, radio, and modeling purposes or make-
up counter demonstrations from licensing requirements. Seven states exempt eyelash extensions
professionals from licensing requirements. Finally, 20 states exempt threaders from cosmetology
and esthetician licensing requirements. In several states, threading also falls into a regulatory
gray area which means that other states that do not regulate threaders. States across the country
are adapting their laws to reflect the growth and changes of the beauty industry to ensure that
aspiring professionals have opportunities.
        Third, HB 58 is a jobs bill. In a year where nearly half of American companies are
reporting labor shortages, it is time to take commonsense and proven measures to reduce known
barriers to entry. Reducing licensing barriers for aspiring beauty professionals does just that. For
example, after Minnesota passed its freelance hair and make-up licensing reform in 2020, about
1,000 bridal hair and make-up artists were free to legitimately work without fear of enforcement.
Also, Mississippi, which does not license braiders, has 6,714 registered braiders, whereas
Louisiana, which does license braiders, has only 18 licensed braiders despite having the larger
African American population. Additionally, HB 58 mostly benefits lower-to-middle income
women who do not have the time, money, or resources to attend a traditional cosmetology
program, but have the training to provide these in-demand services. Finally, this bill allows
citizens across the state to benefit from the wealth of new talent and beauty techniques that are
currently difficult to find.

      In conclusion, I encourage this committee to support HB 58 so that aspiring beauty
workers have every opportunity to thrive in Ohio. Thank you for the opportunity to testify before
you.
                                                                                          Sincerely,
                                                                                     Jessica Poitras
                                                                               Legislative Counsel
                                                                                Institute for Justice
                                                                               901 N. Glebe Road
                                                                                           Suite 900
                                                                              Arlington, VA 22203


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