NOTICE OF PROPOSED CHANGES FOR THE USE OF DEVICES BY ESTHETICIANS AND DEFINITIONS IN THE REGULATIONS OF THE ALASKA BOARD OF BARBERS AND HAIRDRESSERS
BRIEF DESCRIPTION
The Board of Barbers and Hairdressers proposes to change regulations relating to the statutory definition of “esthetics” and the term “appliances” adopting by reference the Code of Federal Regulations.
The Board of Barbers and Hairdressers (Board) proposes to adopt regulation changes in Title 12, Chapter 09 of the Alaska Administrative Code, dealing with the statutory definition of “esthetics” to define the term “appliances” as it relates to allowable appliances used by estheticians. These changes include:
- 12 AAC 09.990. Definitions, this section is proposed to be amended to clarify the statutory definition of "esthetics" under AS 08.13.220(5) adding a definition in regulation for the term "appliances” used by estheticians to clearly identify and distinguish between allowable appliances and those that are prohibited; and to adopt by reference FDA regulations (21 C.F.R. 1040.10) used to define and classify laser products.
You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Alison Osborne, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806. Additionally, the Board will accept comments by facsimile at (907) 465-2974 and by electronic mail at RegulationsAndPublicComment@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system using the comment link. The comments must be received not later than 12:00 p.m. on April 17, 2025.
You may provide oral comments relevant to the proposed action at a hearing to be held online via Zoom on April 17, 2025. There will not be in-person attendance provided in connection with this hearing, so please prepare to share your oral comments through online attendance via Zoom or by calling the Zoom meeting phone number provided below. The hearing is scheduled from 10:00 A.M to 12:00 P.M. and priority will be given to commenters on the line before the beginning of the hearing. The hearing may be extended to accommodate those on the line before 12:00 P.M. who did not have an opportunity to comment. Before the start of the hearing, the chair of the Board may limit the time allotted for each person providing oral testimony as reasonably necessary to conclude the hearing in the time provided.
Link to participate in the Zoom hearing:
https://us02web.zoom.us/j/82321915666?pwd=RoKGfkpTnBTnY896F0hU2HXjh8L0wF.1
Access information for the Zoom hearing:
Phone number: (253) 205-0468. Meeting ID: 823 2191 5666 Passcode: 007520
You may submit written questions relevant to the proposed action to Alison Osborne, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806 and by e-mail at RegulationsAndPublicComment@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Board’s website at
at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/BoardofBarbersHairdressers.aspx.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Alison Osborne at (907) 465-6826 or RegulationsAndPublicComment@alaska.gov not later than April 10, 2025 to ensure that any necessary accommodation can be provided.
A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Alison Osborne at (907) 465-6826, RegulationsAndPublicComment@alaska.gov, or at https://www.commerce.alaska.gov/web/portals/5/pub/BAH-1024.pdf.
A copy of material proposed for adoption by reference is available on the Alaska Online Public Notice System or at https://www.govinfo.gov/app/details/CFR-2024-title21-vol8/CFR-2024-title21-vol8-sec1040-10.
After the public comment period ends, the Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.
Statutory Authority: AS 08.13.030; AS 08.13.220
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.13.220
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
For each profession regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations interested in the regulations of that profession. Those on the list will automatically be sent a copy of all the Division notices of proposed regulation changes for that profession. To be added to or removed from the list, send a request to the Division of Corporations, Business and Professional Licensing at P.O. Box 110806, Juneau, AK 99811-0806, giving your name, the profession for which you would like to receive notices, and either your e-mail address or mailing address as you prefer for receiving notices.
DATE: March 12, 2025 /s/ Alison Osborne, Regulations Specialist Division of Corporations, Business and
Professional Licensing
ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))
1. Adopting agency: Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing – Board of Barbers and Hairdressers.
2. General subject of regulation: Clarifying the statutory use of the word ‘appliances’ in the practice of esthetics.
- Citation of regulation: 12 AAC 09.990.
4. Department of Law file number: 2024200504.
5. Reason for the proposed action: Update and clarification of current regulations; compliance with state statute.
6. Appropriation/Allocation: Corporations, Business and Professional Licensing – #2360.
7. Estimated annual cost to comply with the proposed action to:
A private person: None known.
Another state agency: None known.
A municipality: None known.
8. Cost of implementation to the state agency and available funding (in thousands of dollars): No costs are expected in FY 2025 or in subsequent years.
9. The name of the contact person for the regulation:
Cynthia Spencer, Licensing Examiner
Alaska Board of Barbers and Hairdressers
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community, and Economic Development
Telephone: (907) 465-2591
E-mail: BoardofBarbersHairdressers@Alaska.Gov
10. The origin of the proposed action: Staff of state agency.
11. Date: March 12, 2025 Prepared by: /s/
Alison Osborne
Regulations Specialist