CHAPTER 196
SB 49 – FINAL VERSION
22Apr2009… 1284h
2009 SESSION
10/01
SENATE BILL 49
AN ACT relative to the board of barbering, cosmetology, and esthetics.
SPONSORS: Sen. D'Allesandro, Dist 20; Rep. D. Sullivan, Hills 8
COMMITTEE: Executive Departments and Administration
This bill makes various technical changes to the regulation of barbers, cosmetologists, estheticians, manicurists, and tanning facility operators by the board of barbering, cosmetology, and esthetics.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Apr2009… 1284h
09-0928
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the board of barbering, cosmetology, and esthetics.
Be it Enacted by the Senate and House of Representatives in General Court convened:
196:1 Board of Barbering, Cosmetology, and Esthetics. Amend RSA 313-A:2, I and II to read as follows:
I. There shall be a board of barbering, cosmetology, and esthetics consisting of 7 members as follows: one licensed barber, one licensed cosmetologist, one licensed esthetician, one licensed manicurist, one owner of a licensed cosmetology school [owner] who shall be a resident of New Hampshire or a designee of such owner who shall be a licensed cosmetologist and a resident of New Hampshire, one owner of a registered tanning facility and one public member; each to be appointed by the governor with the consent of the council to a term of 5 years. No board member shall be appointed to more than 2 consecutive terms. Appointees to the unexpired portion of a full term shall become members of the board on the day following such appointment. Time served in filling an unexpired term shall not affect an appointee’s eligibility to serve 2 consecutive full terms. Only board members provided for in this paragraph shall have the authority to vote in board determinations.
II. The barber, cosmetologist, esthetician, and manicurist members shall be the professional members of the board. Professional members of the board shall have been engaged in the practice of their profession within the state for not less than 5 years. In addition, no professional member shall be the owner or operator of any school or be directly or indirectly associated in the manufacture or wholesale distribution of cosmetic or barber appliances or supplies.
196:2 Renewal; School or Shop License. Amend RSA 313-A:20 to read as follows:
313-A:20 Expiration and Renewal of Licenses. Each barber, master barber, barber instructor, apprentice, barbershop, barber school, esthetician, esthetics instructor, esthetics school, esthetics salon, manicurist, apprentice, beauty salon, or manicuring salon license issued under this chapter shall expire on the last day of the birth month of the licensee in the odd year next succeeding its date of issuance. Each cosmetologist, cosmetology instructor, or cosmetology school license issued under this chapter shall expire on the last day of the birth month of the licensee in the even year next succeeding its date of issuance. Any personal license which has expired may be renewed at any time during the year next following upon payment of the renewal fee established by the board and an additional fee of $5, and at any time during the next succeeding year period upon the payment of the renewal fee and an additional fee of $10. If the holder of any license fails to renew the license within 2 years after its expiration, such license may be renewed within 5 years after expiration by paying a fee. Any school or shop license which has expired may be renewed upon payment of the renewal fee plus a late fee established by the board.
196:3 Hearings; Opportunity; Time Limit Removed. Amend RSA 313-A:23 to read as follows:
313-A:23 Hearings. The board shall take no disciplinary action without the opportunity for a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by registered mail, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board, but no complaint shall be acted upon unless in writing. [A hearing shall be held on all written complaints received by the board within 3 months of the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties.] Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.
196:4 Effective Date. This act shall take effect July 1, 2009.
Approved: July 13, 2009
Effective Date: July 1, 2009