When the Bills Stop, the Rules Begin

Legislative session may be wrapping up across the country, but for state boards, this is when their work begins. Over the next few months, state cosmetology boards will create and update rules that influence how you practice. From what services you can offer to renewal requirements, these decisions have an impact on your career.

This behind-the-scenes process is called rulemaking. Understanding rulemaking basics can help you spot changes early and know when to speak up—and become a better advocate! ASCP is here to help make sense of the rulemaking process.

Laws Set the Stage, and Rules Run the Show

What’s the difference between legislative session and rulemaking? It’s the difference between making laws and creating rules that interpret those laws. It may sound like semantics, but the distinction matters. When a state enacts a new law, that law needs implementation, and that’s where state cosmetology boards come in. They develop the rules that define how the law works in practice.

For example, a new law allows you to perform chemical peels. Rules then determine the specifics, like allowable depth, acid concentration, and required pre- and post-care. Or, if a law increases minimum education hours, rules will detail how those additional hours must be distributed across subjects. 

If it still seems hazy, let’s consider another way to think about it. Laws list the ingredients, while rules provide the recipe (measurements, timing, and instructions). Estheticians are expected to follow that recipe as outlined in their state’s administrative code (or cookbook, if you will). 

What Happens During Rulemaking?

Rulemaking follows a predictable path, even if the topics change year to year. Here’s the flow:

• Initial planning and research: Boards identify the need for a rule change. This could stem from new laws or emerging issues.
• Drafting the rule: The board writes proposed rule language and prepares it for publication.
• Public comment: Once proposed rules are published, the board welcomes public feedback for a period of about 30–60 days. This is your chance to tell the board, “This new requirement is too restrictive,” or “I support this change,” and explain why.
• Review and revision: Boards must review all comments and may revise proposed rules based on feedback.
• Adoption and publication: Once the board votes and a rule is made final, it’s published, and an effective date is set.

Emergency rulemaking: In certain situations, boards may fast-track rules to address immediate risks to health and safety. These temporary rules can bypass parts of the standard process, such as long comment periods. States relied on this during COVID-19.

Which Rules Should Be on Your Radar?

The short answer? Almost nothing is off-limits, but these areas tend to have the most direct impact on your work:

• Definitions: As new technologies, tools, treatments, and products enter the profession, boards update definitions to keep pace. Basically, definitions affect whether certain services or tools fall within your scope.
• Continuing education: Requirements for license renewal change often. Whether it’s an increase or decrease in required CE, acceptable formats (in-person vs. online), or specific topics you must complete.
• Fees: Initial, renewal, and late fees may increase or decrease depending on your board’s operational needs.
• Business requirements: This includes sanitation standards, facility requirements, signage, and more. Changes here can affect how you set up and maintain your workspace.
• Supervision requirements: Rules may define who needs oversight and under what conditions. This is especially important for students, apprentices, instructors, or supervisors.
• Education hours and curriculum: Updates here can affect both schools and students, impacting how future professionals are trained.

Stay Involved and Speak Up

When your state cosmetology board proposes new rules, staying engaged doesn’t have to be complicated. ASCP keeps you informed and provides you with summaries of proposed changes. Take a few minutes to share some comments with your board when a public comment period opens to offer your perspective. Even a short, thoughtful comment can make a difference. 

Although legislative session may get most of the spotlight, advocacy shouldn’t stop when it ends. Understanding rulemaking gives you the power to influence decisions at both the legislative and regulatory levels of government.