HB1538 (2012) Detail

Relative to innovative cosmetic or esthetic treatments.


HB 1538 – AS INTRODUCED

2012 SESSION

12-2269

10/01

HOUSE BILL 1538

AN ACT relative to innovative cosmetic or esthetic treatments.

SPONSORS: Rep. Manuse, Rock 5; Rep. Bowers, Sull 3; Rep. Vaillancourt, Hills 15; Rep. Peterson, Hills 19

COMMITTEE: Executive Departments and Administration

ANALYSIS

The bill prohibits the board of barbering, cosmetology, and esthetics from adopting a rule prohibiting certain innovative cosmetic or esthetic treatments.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2269

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the innovative cosmetic or esthetic treatments.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Purpose. Innovation is the lifeblood of any industry. The purpose of this act is to encourage innovative cosmetic and esthetic procedures, and promote business and job growth in New Hampshire.

2 Rulemaking; Board of Barbering, Cosmetology, and Esthetics; Health and Safety Standards. Amend RSA 313-A:8, X to read as follows:

X. Conditions and standards for operation under a shop license, including health and safety standards; provided that the board shall not have the authority under RSA 541-A to adopt or enforce any rule, without specific legislative authorization, which prohibits innovative cosmetic or esthetic treatments, including but not limited to using a product in another manner than the product’s intended use, or treatments which use an animal to perform any service provided there is no measurable harm to such animal. The board shall not prohibit a cosmetic or esthetic procedure unless it finds a substantial threat of irreparable harm. The burden of proof shall be clear and convincing evidence for the board to find a substantial threat of irreparable harm.

3 Effective Date. This act shall take effect 60 days after its passage.