An eyelash artist who recently moved to Oklahoma is suing the state cosmetology board for what she says are burdensome requirements to practice her career, raising questions about the requirements of occupational licenses, which one in five Oklahoma workers possess.

For two years, Brandy Davis worked as an eyelash artist, a niche but growing part of the beauty profession that involves putting in eyelash extensions. Davis had completed four months of school to become certified in Texas, which offers a specialty license for eyelash artists. 

But when Davis moved to Oklahoma this year, the Oklahoma State Board of Cosmetology and Barbering informed her she would need a full cosmetology or esthetician license, which would require hundreds of hours of study of skincare, makeup and hair styling. 

“I don't want to do hair. I don't want to do skincare. I’m good at doing lashes. I have a passion for it,” said Davis, who now lives in Bristow. “It’s going to end up costing me another $20,000 to do the schooling required.” 

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On Wednesday, Davis filed a lawsuit against the state cosmetology board in Oklahoma County District Court, claiming officials have violated her right to earn a living. 

A cosmetology license requires a 1,500-hour course, while an esthetician license requires completion of a 600-hour course. Neither includes instruction in eyelash extensions, Davis said.

"The tuition for the esthetics courses is prohibitively expensive for most eyelash-extension practitioners, who are often of modest means and dependent on working continuously to support themselves," the lawsuit states.

Davis said she attempted to speak at a state cosmetology board meeting multiple times but was denied.

"They pretty much just shunned me away," Davis said.

Malena Curtsinger, executive director of the Oklahoma State Board of Cosmetology and Barbering, declined to comment for this story.

Twenty-five percent of workers nationwide currently hold some type of state-approved occupational license, a significant increase from just 5% nearly 60 years ago, according to a report from the National Conference of State Legislatures.

In Oklahoma, 19% of workers currently hold an occupational license.

"The labor market is constantly changing and I’d say the state (of Oklahoma) is behind the times in this area when it comes to updating licenses,” said Marie Miller, an attorney with the Institute for Justice, the Virginia-based law firm that is representing Davis in her lawsuit against the cosmetology board.

In recent years Oklahoma has attempted to reform its occupational licensing system, including the creation of a commission that is tasked with reviewing the state's network of licensing boards and offering recommended changes.

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"I think the idea has been to have this constant look into each of these licensing boards and asking ourselves, 'Does it meet the needs of today's workforce?'" said Rep. Cyndi Munson, a member of the state Occupational Licensing Advisory Commission.

Oklahoma has more than 200 occupational licenses that are issued by more than 40 state boards and agencies, according to the commission's annual report.

While Munson was not familiar with the recent lawsuit against the cosmetology board, she said a regular review of all licenses probably is needed.

"I'm in favor of occupational licenses because there is a public safety component," said Munson, D-Oklahoma City. "But I don't want unnecessary barriers in place that prevent someone from making a living."