Revision: Dec. 18, 2015, midnight
\t \t\tSB 315 - AS INTRODUCED
2016 SESSION
\t16-2730
\t10/03
SENATE BILL\t315
AN ACT\trelative to the regulation of barbers, cosmetologists, estheticians, and manicurists.
SPONSORS:\tSen. D'Allesandro, Dist 20; Sen. Soucy, Dist 18; Sen. Watters, Dist 4
COMMITTEE:\tExecutive Departments And Administration
-----------------------------------------------------------------
ANALYSIS
\tThis bill modifies definitions and makes various changes to license renewal, temporary licenses, apprentice licensure, and exemptions from licensure by the board of barbering, cosmetology, and esthetics.
\tThis bill is a request of the board of barbering, cosmetology, and esthetics.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2730
\t10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the regulation of barbers, cosmetologists, estheticians, and manicurists.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Definition; Cosmetology. Amend RSA 313-A:1, VI to read as follows:
\t\tVI. "Cosmetology'' means arranging, dressing, curling, waving, cleansing, cutting, bleaching, coloring, or similarly treating the hair of any person, and performing other work customarily performed by a cosmetologist such as giving facials [and], manicures, pedicures, and artificial nail enhancements, applying makeup or eyelashes to any person, and removing superfluous hair.
\t2 Definition; Esthetics. Amend RSA 313-A:1, VIII(d) to read as follows:
\t\t\t(d) Providing pedicure and manicure services, including therapeutic skin and nail care treatments for the [foot] feet and hands, beautifying the [foot] feet and hands, and massaging, cleansing, or stimulating the [foot] feet and hands by means of the hands, devices, apparatus, or appliances, with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams, trimming or filing the [toenails] nails, and polishing the [toenail] nails.
\t3 Definitions; Manicuring or Pedicuring. Amend RSA 313-A:1, X to read as follows:
\t\tX. "Manicuring'' or "pedicuring'' means cutting, trimming, polishing, applying artificial enhancements such as tips or acrylic to the natural nails, or coloring or cleansing the nails of any person.
\t4 Board of Barbering, Cosmetology and Esthetics; Owner Member. Amend RSA 313-A:2, I to read as follows:
\t\tI. 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 barbering, cosmetology, esthetics, or manicuring school who shall be a resident of New Hampshire or a designee of such owner who shall be a [licensed cosmetologist] licensee 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.
\t5 Temporary Permit; Expiration. Amend RSA 313-A:18, II to read as follows:
\t\tII. A temporary permit shall authorize its holder to engage temporarily in the practice of the profession for which such permit was issued under the guidance of a licensed practitioner in a registered salon or barbershop. If, upon notice from the board, the applicant fails without just cause to take the examination, the permit shall terminate. If the applicant fails to pass the examination, the board in its discretion may grant a second temporary permit, under like conditions, which permit in all circumstances shall expire [upon the holding of the next successive examination] 60 days from its issuance, unless just cause for failure to take the examination shall be shown to the satisfaction of the board.
\t6 Renewal of Expired License; Late Fee. Amend RSA 313-A:20 to read as follows:
\t313-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] within 6 months by payment of the renewal fee and a late 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]. After 6 months and within 5 years, a personal license may be renewed by paying the renewal fee and a late fee established by the board. 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.
\t7 Apprentice Licensure. Amend RSA 313-A:24 to read as follows:
\t313-A:24 Apprentice Registration and Licensure.
\t\tI. No person shall enter an apprenticeship or enroll in a school under this chapter unless such person has registered with the board as an apprentice and been issued an apprentice license. The board shall have sole authority to regulate apprentices and apprenticeship under this chapter. The board shall issue an apprentice license to any student receiving instruction within a licensed school or shop to learn barbering, cosmetology, esthetics, manicuring, or shampooing.
\t\tII. A person applying for [registration] a license under this section shall be granted such [registration] license upon:
\t\t\t(a) Submitting proof sufficient to the board to show that such person is at least 16 years of age;
\t\t\t(b) [Submitting 3 passport-size photographs;
\t\t\t(c)] Paying a fee established by the board; and
\t\t\t[(d)] (c) Being deemed by the board to be of good professional character.
\t\tIII. No salon or barbershop shall at any one time have more than one apprentice per licensed professional, except as follows:
\t\t\t(a) Each licensed barber may have up to 2 apprentices for barbering.
\t\t\t(b) Each licensed master barber may have up to 2 apprentices for barbering, or one apprentice master barber and one apprentice barber.
\t\t\t(c) In addition to the apprentices in subparagraphs (a) and (b), a barber or master barber may have one shampoo apprentice.
\t\t\t(d) A cosmetologist may have one shampoo apprentice and one cosmetology apprentice.
\t\tIV. Upon completing the number of hours specified in the board's apprentice rules, an apprentice shall be eligible to apply to the board for licensure.
\t8 Barbering, Cosmetology, and Esthetics; Exemptions. Amend RSA 313-A:25 to read as follows:
\t313-A:25 Exemptions.
\t\t[I.] The provisions of this chapter relative to barbering, cosmetology, esthetics, and manicuring shall not be construed to apply to the following persons:
\t\t\t[(a)] I. Physicians and surgeons licensed under RSA 329 when engaged in the practice of their profession[;].
\t\t\t[(b)] II. Chiropractors licensed under RSA 316-A when engaged in the practice of their profession[;].
\t\t\t[(c)] III. Commissioned medical or surgical officers of the United States army, navy, or marine hospital service[;].
\t\t\t[(d)] IV. Registered and practical nurses licensed under RSA 326-B when engaged in the practice of their profession[;].
\t\t\t[(e) Licensed cosmetologists or estheticians under this chapter;
\t\t\t(f) Persons engaged in the practice of barbering in public or private institutions where such practice is carried on solely for the benefit of such institution;
\t\t\t(g)] V. Morticians licensed under RSA 325 when engaged in the practice of their profession.[; or
\t\t\t(h) Persons conducting programs for barbering demonstration sponsored by a recognized barber organization.
\t\t[II. The provisions of this chapter relative to cosmetology or esthetics shall not be construed to apply to the following persons:
\t\t\t(a) Licensed barbers engaged in their usual occupation.
\t\t\t(b)] VI. Persons engaged in behalf of a manufacturer or distributor solely in demonstrating the use of any machine or other article for purposes of sale, without charge to the person who is the subject of such demonstration.
\t\t\t[(c)] VII. Persons engaged in the practice of barbering, cosmetology[ or], esthetics, or manicuring in a charitable or benevolent institution, nursing home, long-term care facility, or assisted living facility where such practice is carried on solely for the benefit of the residents of such institution.
\t\t\t[(d)] VIII. Persons conducting programs relating to demonstrations of barbering, cosmetology [or], esthetics, or manicuring sponsored by a [recognized cosmetological or esthetical] professional organization.
\t\t\t[(e) Licensed cosmetologists engaged in the practice of cosmetology upon an invalid, a person with a disability, or a person confined to the home because of age,]
\t\tIX. Licensees engaged in the practice of their profession upon a person who is not able to leave his or her residence because the person has a disability, limited mobility, or by reason of the person's age in that person's place of residence.
\t\t\t[(f)] X. Persons licensed as massage therapists under RSA 328-B.
\t\t\t[(g)] XI. Persons licensed as physical therapists or physical therapist assistants under RSA 328-A and 328-F.
\t9 Effective Date. This act shall take effect 60 days after its passage.