Tori
Underwood
12th
grade
As an eighth grader, I would occasionally go to my neighbors’ house and get my hair French braided. My mother hated putting up with my perfectionist ways when it came to styling my hair. Our neighbor was a licensed cosmetologist, and my mother paid her to fix my hair. Little did my mother and I know that she was breaking a Kansas State Board of Cosmetology rule. The consequence of breaking this rule is heavy fines and possible jail time. Fortunately, my neighbor never got caught, but many people have and they are now questioning the regulations of the board.
The government regulates almost everything we come into contact with daily. The job of the Board of Cosmetology is to regulate the profession of cosmetology, tattooing, and body piercing, cosmetology schools, tanning facilities, and to protect the health and safety of the licensees and the general public. It regulates our drinking water, the plastic container cottage cheese comes in, spas, and salons. Although the regulations in salons and spas are quite extensive, most of the population is thankful for the statues. After reviewing some articles on Cosmetology laws, I have found the rules enforced are on the edge of being excessive.
The government has to regulate our country.
They have to keep everything we come in contact with safe, clean, and
just. On the other hand, some of
the rules the government decides are necessary are proven unjust. Even though,
some are tried and are proven other wise. One
case involved the Kansas City Renaissance Festival and a booth called
“Braidin’ Maidens,” which had been a participant in the festival for 23
years before being turned in by a cosmetologist. The Kansas Board of Cosmetology
approached the booth the second week of the festival and informed them that
heavy fines or jail time would be their outcome if the booth was not shut down.
The State claimed at the trial that the braiders were acting as
black-market cosmetologists, by braiding hair, --which is considered an act of
cosmetology-- practicing without a cosmetology license, and by not working in a
licensed salon. This situation
could be considered an issue of protecting economic turf, remembering what the
State Board of Cosmetology is committed to.
In other words, the “Braidin’ Maidens” found out that the statues
read that if they would have continued braiding hair for free, they would not
have broken the rules. The law only
applies if they charge money for their services.
On the other hand, individuals who perform traditional African-styled
hair braiding have run into some problems.
Cosmetology schools generally do not teach this type of hair braiding.
Therefore, the questions arise on how the Board can license and regulate
something they apparently have no knowledge about.
According to Kansas laws, a beautician can only work in a licensed beauty
shop, hospital, nursing home, or in an invalid’s home.
Therefore, it makes it impossible for elderly people who do not like to
fight the cold, wintry weather in mid-January to go out and get their hair
fixed. Quite a bit of business is
available from people who would find it convenient to have a beautician come
visit their home or office.
For example, the Kansas State Board of Cosmetology might consist of four
licensed cosmetologists, two of whom must operate a salon, a licensed tattoo
artist or body pierce, and only two representatives of the general public.
Even though the board’s creed is to protest the health and safety of
the general public, not one public health official has a seat on the board.
Two Arizona researchers observed, “ Walking down the aisle of any
drugstore-- or driving past any high school-- shows the wide range of dyes,
gels, creams, and appliances you can use on your hair without the supervision of
a government employee or even an adult.”
Although the Board of Cosmetology was formed with good intentions to
protect the people of Kansas, it has turned into a conglomeration of rules and
regulations that go far beyond protecting public health and safety.
Most mandated hours of course work at a cosmetology school are spent
working on nothing to do with public health and safety.
Schools must devote 50 hours of education about the laws regulating their
profession. One hour of class time
each day for 10 weeks is spent reviewing Kansas cosmetology statues.
Just because someone has a cosmetology license does not mean he/she can
satisfy everyone who comes to his/her doors.
A cosmetology license merely means that that person has jumped through a
lot of hoops, and while jumping, dropped a lot of money that they could have
spent at a two-year community college.
The Board of Cosmetology was created with good intentions to protect the
general healthy and safety of the people of Kansas. It has evolved into a
political entanglement of rules and regulations that seem to seep past the
standards of just protecting the general public.
The cosmetology laws alone need to be regulated so that their authority
does not extend past that of the issues of public health and safety.
Q1: What is the only way to prevent hijackers form gaining control of an airplane according to the unknown author?
A1:
The only way to prevent hijacking on an airplane is by rebuilding
airplanes to where the cockpit walls are secure and by having a mini-lavatory
for the crew and a slot to get food in and out.
Q2:
What are the arguments given by lobbyists for the Bells in favor of HR
1542 (Tauzin-Dingell Bill) and arguments given by their opponents against the
legislation idea? Why?
A2:
The lobbyists argue that its members need regulatory relief to compete
with cable television companies and other high-speed Internet providers.
Opponents include long-distance carriers such as AT&T Corporation,
competitive local exchange phone carriers, Internet service providers and
consumer groups. They contend that
the Tauzin-Dingell bill would give the bells a stranglehold on high-speed
Internet service and delay the development of next-generation Web Technology.
Q3:
Why do small business groups like HR 1831?
From the small amount of information presented in your required reading,
do you think the legislation is a good idea? Why?
A3:
Small-business groups like HR 1831 because they are helping them out by
exempting them from paying for the damages bigger companies caused.
Yes, I think the legislation is a good idea.
It basically says that it will be a lot of work to prove you are
innocent, but in the end it will be worth it.
Q4:
Give an argument in favor of government regulating activities such as
rollerblading and bungee-jumping.
A4:
The government is just doing its job by regulating rollerblading and
bungee-jumping. Just because an
event is fun doesn’t mean it is safe or courteous.
Q5:
Define a “burden hour.”
A5:
A burden hour measures the time it takes to collect data and fill out
federal forms, surveys, and reports.
Q6:
Why was Connecticut Senator, Joseph Lieberman, concerned enough to vote
against that nomination of Professor John Graham as administrator of the office
of Information and Regulatory Affairs in the current Bush administration?
A6:
The Senator was concerned because of the way Graham gauges his proposed
solutions. Graham tries to
determine the how many years of life would be saved by a regulation, rather than
estimating the number of lives that would be saved.
Q6a:
Graham is a proponent of “risk analysis.”
How is risk analysis defined on page 992 of the May 5, 2001 issue of Congressional
Quarterly Weekly?
A6a:
A risk analysis calculates the likelihood of a hazard against the costs
and benefits of preventing it.
Q6b:
Who was the first president to order federal agencies to weigh potential
costs and benefits when writing a rule?
A6b:
Jimmy Carter was the first president to order federal agencies to weigh
potential costs and benefits when writing a rule.
Q7:
How much would compliance with OSHA’s regulations to limit injuries or
disabilities from performing repetitive tasks cost according to an estimate by
business groups as reported in the 2000 CQ Almanac?
What was the response of OSHA and Labor Department officials?
A7:
The estimate of compliance with OSHA’s regulations to limit injuries or
disabilities from performing repetitive tasks ranges from $14 billion to $80
billion a year. OSHA and Labor
Department officials say the rule is intended to be flexible and would not
require most companies to act.
Q8:
What was the makeup of the “iron triangle” during the Reagan years
and what do environmentalists and consumer activists foresee as its composition
in the current Bush administration?
A8:
During the Reagan years, Republicans complained of the ”iron
triangle” which was an unbreakable alliance among the democratic committee
chairmen, agency officials and interest groups that worked in concert to achieve
common goals. Environmentalists and
consumer activists say they fear the formation of a new triad.
It would be composed of industry officials, the White House GOP Committee
chairmen. Which leaves out the
Environmentalists and consumer activists.
Q9:
Name 5 actions of the Bush administration that have drawn criticism form
Environmentalist.
A9:
Bush denied a campaign pledge to regulate carbon dioxide and rejected the
Kyoto Protocol on global warming. He
also reversed a Clinton rule to reduce the level of arsenic in drinking water.
Bush may let timber companies destroy the nation’s forests.
The Department of Agriculture proposed a decision that would have ended
testing of school lunchmeat for salmonella.
Q10:
What did the executive order issued by Ronald Reagan in 1981 and still in
effect today, require agencies to prove before new regulations were enacted?
How did the Democratic House counter in 1986?
A10:
Reagan’s executive order required agencies to prove that regulation
benefits would outweigh its costs. The
Democrats said that this standard was often tough to prove.
The Democratic-controlled House in 1986 forced a showdown by deleting
funds for the OMB’s regulatory division from the fiscal 1987 budget.
Q11:
On the average, how long does it take to build and airport? A highway?
A11:
The average time it takes to build an Airport is about 15 years.
The average time to build a highway is about 12 years.
Q12:
Discuss the pros and cons of licensing requirements.
A12:
Using the example article, licensing requirements could be a good thing.
I can understand the anger the cosmetology student must have, over this
little girl making money without a hard earned licensed. On the other hand, if they are going to regulate this little
girl for having their own business, they have to be fair and regulate lemonade
stands small children have also.
Q13:
Discuss the pros and cons of master plans and planning departments.
A13:
The cons of master plans and planning departments include wasting the
time and intelligence of those who must take time away from home, business,
trade or profession to fill out forms and appear before numerous hearings and
commissions. The boards,
supervisors, commissions and so on operate in an arbitrary and inconsistent
manner. The pros of master plans
and planning departments include looking ahead to prevent damage.