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1 New Paragraph; Barbering, Cosmetology, and Esthetics; Definitions; Blow-dry Styling. Amend RSA 313-A:1 by inserting after paragraph III the following new paragraph:
III-a. "Blow-dry styling" means the practice of shampooing, conditioning, drying, arranging, curling, straightening, or styling hair using only mechanical devices, hair sprays, and topical agents such as balms, oils, and serums. "Blow-dry styling" includes the use and styling of hair extensions, hair pieces, and wigs, but excludes cutting hair or the application of dyes, bleach, reactive chemicals, keratin treatments, other preparations to color or alter the structure of hair, or other cosmetology services and is distinct from the practice of cosmetology.
2 Barbering, Cosmetology, and Esthetics; Definitions; Cosmetology. Amend RSA 313-A:1, VI to read as follows:
VI. "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, manicures, pedicures, and artificial nail enhancements, applying makeup or eyelashes to any person, and removing superfluous hair.
3 Barbering, Cosmetology, and Esthetics; Definitions. Amend RSA 313-A:1, VIII-a to read as follows:
VIII-a.
"Fitzpatrick scale" means the following scale for classifying the 6 skin types, based on the skin's reaction to the first 10 to 45 minutes of sun exposure after the winter season:
Skin Type Sunburning and Tanning History
1 Always burns easily; never tans
2 Always burns easily; tans minimally
3 Burns moderately; tans gradually
4 Burns minimally; always tans well
5 Rarely burns; tans profusely
6 Never burns; deeply pigmented.
4 New Paragraph; Barbering, Cosmetology, and Esthetics; Definitions; Threading. Amend RSA 313-A:1 by inserting after paragraph XV the following new paragraph:
XV-a. "Threading" means a method of removing hair from the eyebrows, upper lip, or other body parts by using a cotton thread to pull hair from follicles. "Threading" includes the use of over the counter astringents, gels, powders, tweezers, and scissors incidental to threading, but excludes other cosmetology services and is distinct from the practice of cosmetology and esthetics.
5 New Paragraph; Barbering, Cosmetology, and Esthetics; Shop Licensure. Amend RSA 313-A:19 by inserting after paragraph IV the following new paragraph:
V. The owner of a salon, barbershop, or mobile barbershop licensed under this section is responsible for:
(a) Verifying the education, training, skills, and competence of persons who work in the owner's salon, barbershop, or mobile barbershop; and
(b) Protecting the health and safety of customers and persons who work in the owner's salon, barbershop, or mobile barbershop. This includes the sanitation of the facility and any equipment used in it.
6 Barbering, Cosmetology, and Esthetics; Exemptions. Amend the section heading and introductory paragraph of RSA 313-A:25 to read as follows:
313-A:25 Exemptions. The provisions of this chapter relative to barbering, cosmetology, esthetics, and manicuring shall not be construed to apply to the following persons:
7 New Paragraphs; Barbering, Cosmetology, and Esthetics; Exemptions. Amend RSA 313-A:25 by inserting after paragraph XIII the following new paragraphs:
XIV. Persons engaged in blow dry styling and hair styling.
XV. Persons who demonstrate the use of cosmetic beauty aid or equipment for the purpose of offering for sale to the public such cosmetic beauty aid or equipment.
XVI. Persons engaged in blow-dry styling and makeup application for theatrical, television, film, fashion, photography, or media productions or media appearances.
XVII. Persons engaged in eyelash extension application.
XVIII. Persons engaged in makeup application.
XIX. Persons engaged in threading.
8 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 New Paragraph; Barbering, Cosmetology, and Esthetics; Definitions; Blow-dry Styling. Amend RSA 313-A:1 by inserting after paragraph III the following new paragraph:
III-a. "Blow-dry styling" means the practice of shampooing, conditioning, drying, arranging, curling, straightening, or styling hair using only mechanical devices, hair sprays, and topical agents such as balms, oils, and serums. "Blow-dry styling" includes the use and styling of hair extensions, hair pieces, and wigs, but excludes cutting hair or the application of dyes, bleach, reactive chemicals, keratin treatments, other preparations to color or alter the structure of hair, or other cosmetology services and is distinct from the practice of cosmetology.
2 Barbering, Cosmetology, and Esthetics; Definitions; Cosmetology. Amend RSA 313-A:1, VI to read as follows:
VI. "Cosmetology" means cutting, bleaching, coloring, chemically altering, or similarly treating the hair of any person, and performing other work customarily performed by a cosmetologist such as giving facials, manicures, pedicures, and artificial nail enhancements to any person.
3 Barbering, Cosmetology, and Esthetics; Definitions. Amend RSA 313-A:1, VIII-a to read as follows:
VIII-a. " Eyelash extension application" means the application, removal, and trimming of threadlike natural or synthetic fibers to an eyelash. It includes the cleaning of lashes. "Eyelash extension application" excludes the use of color agents, straightening agents, permanent wave solutions, bleaching agents, or other cosmetology services and is distinct from the practices of cosmetology and esthetics.
VIII-b. "Fitzpatrick scale" means the following scale for classifying the 6 skin types, based on the skin's reaction to the first 10 to 45 minutes of sun exposure after the winter season:
Skin Type Sunburning and Tanning History
1 Always burns easily; never tans
2 Always burns easily; tans minimally
3 Burns moderately; tans gradually
4 Burns minimally; always tans well
5 Rarely burns; tans profusely
6 Never burns; deeply pigmented.
VIII-c. "Makeup application" means the application of a cosmetic to enhance the appearance of the face or skin, including powder, foundation, rouge, eyeshadow, eyeliner, mascara, and lipstick. "Makeup application" includes the application of makeup applied using an airbrush, but excludes the application of permanent makeup, tattooing, or other cosmetology services and is distinct from the practices of cosmetology and esthetics.
4 New Paragraph; Barbering, Cosmetology, and Esthetics; Definitions; Threading. Amend RSA 313-A:1 by inserting after paragraph XV the following new paragraph:
XV-a. "Threading" means a method of removing hair from the eyebrows, upper lip, or other body parts by using a cotton thread to pull hair from follicles. "Threading" includes the use of over the counter astringents, gels, powders, tweezers, and scissors incidental to threading, but excludes other cosmetology services and is distinct from the practice of cosmetology and esthetics.
5 New Paragraph; Barbering, Cosmetology, and Esthetics; Shop Licensure. Amend RSA 313-A:19 by inserting after paragraph IV the following new paragraph:
V. The owner of a salon, barbershop, or mobile barbershop licensed under this section is responsible for:
(a) Verifying the education, training, skills, and competence of persons who work in the owner's salon, barbershop, or mobile barbershop; and
(b) Protecting the health and safety of customers and persons who work in the owner's salon, barbershop, or mobile barbershop. This includes the sanitation of the facility and any equipment used in it.
6 Barbering, Cosmetology, and Esthetics; Exemptions. Amend the section heading and introductory paragraph of RSA 313-A:25 to read as follows:
313-A:25 Exemptions. The provisions of this chapter relative to barbering, cosmetology, esthetics, manicuring , and shop licensure shall not be construed to apply to the following persons:
7 New Paragraphs; Barbering, Cosmetology, and Esthetics; Exemptions. Amend RSA 313-A:25 by inserting after paragraph XIII the following new paragraphs:
XIV. Persons engaged in blow dry styling and hair styling.
XV. Persons who demonstrate the use of cosmetic beauty aid or equipment for the purpose of offering for sale to the public such cosmetic beauty aid or equipment.
XVI. Persons engaged in blow-dry styling and makeup application for theatrical, television, film, fashion, photography, or media productions or media appearances.
XVII. Persons engaged in eyelash extension application.
XVIII. Persons engaged in makeup application.
XIX. Persons engaged in threading.
8 Effective Date. This act shall take effect 60 days after its passage.