0118--hb 1583

CHAPTER 118

HB 1583 - FINAL VERSION

AN ACT increasing the education requirement for estheticians and manicurists and relative to the board of barbering, cosmetology, and esthetics.

SPONSORS: Rep. D. White, Hills 25

I. Makes definitional changes relative to barbering, cosmetology, and esthetics.

II. Requires the board of barbering, cosmetology, and esthetics to annually elect a vice-chairperson.

IV. Eliminates the rulemaking authority of the board relative to ethical standards required of license holders under RSA 313-A.

V. Changes the length of time over which a barber, cosmetologist, manicurist, or esthetician may meet the training hours required in order to be licensed.

VI. Provides that a license issued under RSA 313-A shall expire on the birthday of the licensee in the odd year next succeeding its date of issuance.

VII. Requires a person applying for registration as an apprentice to submit 3 passport-size photographs.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT increasing the education requirement for estheticians and manicurists and relative to the board of barbering, cosmetology, and esthetics.

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

118:1 Barbering, Cosmetology, and Esthetics. RSA 313-A is repealed and reenacted to read as follows:

(b) Giving facial or scalp massages or treatment with oils, creams, lotions, or other preparations, either by hand or mechanical appliances;

(d) Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to scalp, face, or neck, or removing superfluous hair from the face and neck of any person; or

(e) Styling, waving, curling, straightening, or bleaching the hair by mechanical or chemical means.

III. "Barbershop" means any establishment or place of business wherein the practice of barbering is engaged in or carried on.

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 and manicures.

(a) Giving facials, applying makeup, giving therapeutic skin care treatments, removing superfluous hair, or applying eyelashes to any person;

(b) Beautifying the face, neck, arms, and shoulders, by use of cosmetic preparations, antiseptics, tonics, lotions, or creams; or

(c) Massaging, cleansing, or stimulating the face, neck, arms, and shoulders, by means of the hands, devices, apparatus, or appliances, with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams.

IX. "Manicurist" or "pedicurist" means any person practicing manicuring or pedicuring.

X. "Manicuring" or "pedicuring" means cutting, trimming, polishing, coloring or cleansing the nails of any person.

XI. "Mobile barbershop" means a vehicle or structure, readily mobile, designed, constructed or adapted to serve as a barbershop at multiple sites.

XII. "Salon" means a beauty salon or other place kept open for the business of cosmetology, manicuring, or esthetics.

XIII. "School" means a school or other institution conducted for the purpose of teaching cosmetology, manicuring, barbering, or esthetics.

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 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, and 2 public members; 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. Only board members provided for in this paragraph shall have the authority to vote in board determinations.

II. 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 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.

III. Each public member shall be a person who is not, and never was, a member of the barbering, cosmetology, or esthetics profession or the spouse of any such person, and who does not have and never has had, a material financial interest in either the provision of barbering, cosmetology, or esthetician services, or an activity directly related to such professions, including the representation of the board of any such professions for a fee at any time during the 5 years preceding appointment.

IV. Members shall annually elect, from among themselves, a chairperson, vice-chairperson, and secretary.

V. The board shall hold at least 6 regular meetings each year. Special meetings may be called at such times as the rules of the board may provide. A quorum of the board shall consist of no fewer than 4 members. All meetings of the board shall be open to the public, except when the board conducts a nonpublic session under RSA 91-A.

VI. The board shall be an administratively attached agency, under RSA 21-G:10, to the department of health and human services.

313-A:3 Removal of Members; Vacancies. The governor and council may remove any member of the board for misconduct, incompetence, neglect of duty, or for any other just cause. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the governor and council as provided in RSA 313-A:2.

313-A:4 Maintenance of Records. The board shall maintain a record containing the names and addresses of all licensees and of all salons, barbershops and schools licensed pursuant to this chapter and shall issue all notices, license and registration certificates. The record shall include the date of issuance, renewal, suspension or revocation of all licenses. This record shall be open to public inspection at all reasonable times.

313-A:5 Receipts and Their Disposition. All moneys received by the board under this chapter shall be paid to the secretary of the board, who shall give a receipt therefor and shall at the end of each month report to the commissioner of administrative services the total amount of money received and thereupon deposit the same with the state treasurer.

313-A:6 Compensation. Each member of the board shall receive as compensation the sum of $45 for each day actually devoted to the work of the board and shall be reimbursed for necessary traveling expenses incurred in the discharge of such duty, provided that the total expenditures hereby authorized shall not exceed the amount of moneys received by the state treasurer from the board during the current year.

I. Prescribe the duties of its officers and employees, which shall be at all times subject to the direction and supervision of the department of health and human services;

II. Establish a principal office, at which all records and files of the board shall be kept;

IV. Report to proper prosecuting officers all violations of this chapter coming within its knowledge;

V. Make a written report biennially to the governor and council containing a full and complete account of all its official acts during the biennium, together with a statement of receipts and disbursements and such comments as it deems necessary; and

VI. Establish fees for examination of applicants, for licenses, and for renewal of licenses to practice under this chapter and for transcribing and transferring records and other services.

313-A:8 Rulemaking Authority. The board shall adopt rules, pursuant to RSA 541-A, relative to:

II. The qualifications of applicants, including the qualifications for satisfactory evidence of:

III. How an applicant shall be examined, including the time and place of the examination;

IV. How a license to practice under this chapter shall be renewed, including the requirements for continuing education;

VI. Ethical and professional standards required to be met by each holder of a license to practice under this chapter and how disciplinary actions by the board shall be implemented for violations of these standards;

VIII. Procedures for the conduct of hearings consistent with the requirements of due process;

X. Conditions and standards for operation under a shop license, including health and safety standards;

XIV. The occasional performance of services at locations other than the principal place of business by persons licensed under this chapter;

XV. The review criteria for board consideration of an applicant's "good professional character";

XVI. The process of requesting and granting exemptions under RSA 313-A:10, II; 313-A:11, II; and 313-A:12, II; and

XVII. A schedule of administrative fines for violations of this chapter under RSA 313-A:22, III(e) and procedures for the payment of such fines.

I. Engage in any practice regulated by this chapter without the appropriate license.

II. Operate a barbershop, salon, or school unless such establishment is at all times under the direct supervision and management of a professional licensed under this chapter.

III. Hire or employ any person to engage in a practice regulated by this chapter, unless such person then holds a valid license or a temporary permit issued by the board to practice the respective profession.

IV. Operate a school, unless it has been licensed by the board and is operated according to rules adopted by the board.

V. Engage in the instructing of any activity licensed by this chapter without holding an appropriate license issued under this chapter.

(1) A minimum of 1,500 hours of training in a school of barbering approved by the board; or

(2) A minimum of 3,000 hours distributed over a period of at least 18 months under a licensed barber who has engaged in the practice of barbering within the state for at least 2 years;

II. An applicant not meeting the conditions of RSA 313-A:10, I(b) through (c) may petition the board for exemption. The board, acting under rules adopted under RSA 313-A:8, XVI, may grant the exemption.

I. In order to be issued a cosmetologist's license by the board, a person shall:

(1) A minimum of 1,500 hours of training in a school of cosmetology approved by the board; or

(2) A minimum of 3,000 hours distributed over a period of at least 18 months under a licensed cosmetologist who has engaged in the practice of cosmetology within the state for at least 2 years;

II. An applicant not meeting the conditions of RSA 313-A:11, I(b) through (c) may petition the board for exemption. The board, acting under rules adopted under RSA 313-A:8, XVI, may grant the exemption.

313-A:12 Qualifications; Manicurists. A person, to be issued a manicurist's license by the board, shall, in addition to satisfying the requirements of RSA 313-A:11, I(a), (b), and (e):

I. Have completed a course of at least 300 hours of professional training in manicuring, in a school approved by the board and passed an examination conducted by the board; or

II. Have satisfied the requirement set out in RSA 313-A:11, I(d) and, as an apprentice in a salon, received, in the opinion of the board, the equivalent of the course required under paragraph I.

313-A:13 Qualifications; Estheticians. To be issued an esthetics license by the board, an applicant shall, in addition to satisfying the requirements of RSA 313-A:11, I(a), (b), and (e) have completed a course of at least 600 hours of training in a school approved by the board and have passed an examination conducted by the board. Estheticians who have practiced professionally in this state for a period of at least 3 years prior to July 1, 1989, and who have satisfied the requirements of RSA 313-A:11, I(a), (b), and (e) and the training requirements of this section shall not be required to take the examination provided for in this section to be eligible for licensure under this chapter. Credit towards hours requirement for esthetician training may be given to a licensed cosmetologist or barber for equivalent training in the cosmetology or barber program in a school approved by the board upon certification of the training by the school. Cosmetologists licensed by the board may obtain the training hours in subjects required by the board in increments at separate schools but must present certifications to the board for all required hours and curriculum subjects.

313-A:14 Nonresidents. The board shall license any applicant who is similarly licensed in any other state, provided the other state's licensing requirements are substantially equivalent to or higher than those of this state.

313-A:15 Examinations. The board shall hold examinations in barbering, cosmetology, manicuring, and esthetics at least once every 6 months in such towns throughout the state as it may deem convenient for applicants and at such additional times as it may from time to time determine. The scope and content of the examinations shall be established by the board. The board shall notify all applicants at least 10 days in advance as to the place, date, and time of examinations.

313-A:16 Applications. Applicants shall make written application to the secretary of the board on a form prescribed and supplied by the board which shall contain satisfactory evidence of the qualifications required of the applicant; and the applicant shall also pay the examination fee.

313-A:17 Display of License. Every person licensed under this chapter shall display the license in a conspicuous place adjacent to or near the person's work station.

I. Any person eligible to take an examination for a license under this chapter may apply to the board for a permit to professionally operate temporarily pending the holding of such examination. The application shall be accompanied by the payment of a fee established by the board which shall be credited as the required examination fee.

II. 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, unless just cause for failure to take the examination shall be shown to the satisfaction of the board.

I. It shall be a misdemeanor for any person, as owner, manager, or agent, to open, establish, conduct, or maintain a salon, barbershop, or mobile barbershop without first having obtained a shop license from the board. Application for such shop license shall be made to the board in writing and shall state the name and address of the owner of such shop, the shop's address or, in the case of a mobile barbershop, the business mailing address of the owner, and such other information as may be required by the board. Licenses under this section shall be conspicuously posted within the licensed establishment.

II.(a) Any licensed barber, cosmetologist, manicurist, or esthetician who has completed one year of actual employment in a salon or barbershop shall, upon written application accompanied by the required fees, receive a license to operate a salon, barbershop, or mobile barbershop in this state, provided that the salon, barbershop, or mobile barbershop meets all requirements established in the rules of the board.

(b) Booths attached to or within a salon or barbershop that are operated independently of the salon or barbershop shall be subject to licensure in the same manner as an independent establishment, except that each independently operated booth shall not be required to have a separate sink or shampoo bowl.

III. In the event of a change of location of any licensed shop and upon notice thereof, the board shall issue a transfer of licensure of such shop to its new location, provided such new location meets the requirements of this section. The board may revoke any shop license upon a finding that such shop fails to comply with this chapter or the rules adopted by the board; provided that, before any such certificate shall be revoked, the holder shall have notice thereof and be granted a proper hearing.

IV. In addition to licenses issued under paragraph II, the board may issue a license to an owner of a salon or barbershop who does not personally engage in cosmetology, barbering, or esthetics, provided the salon or barbershop shall fulfill all requirements set forth in the rules of the board and provided further that the owner has paid the required license fee for such salon or barbershop and employs a licensed cosmetologist, barber, manicurist, or esthetician as manager who has previously completed one year of actual employment in a licensed salon or barbershop. However, this section shall not authorize such owner to practice cosmetology, barbering, manicuring, or esthetics unless the owner has a cosmetologist, barber, or esthetician license.

313-A:20 Expiration and Renewal of Licenses. Each 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 birthday 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 birthday of the licensee in the even year next succeeding its date of issuance. Any 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 the same fee required for an original license.

I. The department of health and human services shall employ inspectors and authorize them to enter and make reasonable examination and inspection of any salon, barbershop, or school during business hours for the purpose of ascertaining whether or not the administrative rules of the board and the provisions of this chapter are being observed. Each inspector shall file a report with the board of such findings with respect to each inspection made. Salaries and necessary expenses of the inspectors shall be charged against the fees and other moneys collected by the board.

II. The commissioner of the department of health and human services shall, with the advice of the board, adopt rules relative to the qualifications for inspectors under this section.

III. Sanitary inspections of all salons, barbershops, and schools shall be made at least twice each year.

(b) Upon written complaint of any person which charges that a person licensed by the board has committed misconduct under paragraph II and which specifies the grounds therefor.

II. Misconduct sufficient to support disciplinary proceedings under this section shall include:

(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter;

(d) Unfitness or incompetency by reason of negligent habits or other causes; or negligent or willful acts performed in a manner inconsistent with the health or safety of persons relying on the expertise of the licensee;

(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the person unfit to practice under this chapter;

(h) Suspension or revocation of a license, similar to one issued under this chapter, in another jurisdiction and not reinstated; or

III. The board may take disciplinary action in any one or more of the following ways:

(b) By suspension, limitation or restriction of a license for a period for up to 5 years;

(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient; or

(e) By imposing an administrative fine not to exceed $500 for each offense. Each violation shall constitute a separate offense. The fine shall be paid to the board which shall forward it to the state treasurer to be deposited into the general fund.

313-A:23 Hearings. The board shall take no disciplinary action without 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.

I. 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.

II. A person applying for registration under this section shall be granted such registration upon:

(a) Submitting proof sufficient to the board to show that such person is at least 16 years of age;

III. No salon or barbershop shall at any one time have more than one apprentice per licensed professional.

IV. 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.

I. The provisions of this chapter relative to barbering shall not be construed to apply to the following persons:

(a) Physicians and surgeons licensed under RSA 329 when engaged in the practice of their profession;

(b) Chiropractors licensed under RSA 316-A when engaged in the practice of their profession;

(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;

(g) Morticians licensed under RSA 325 when engaged in the practice of their profession; or

(h) Persons conducting programs for barbering demonstration sponsored by a recognized barber organization.

II. The provisions of this chapter relative to cosmetology or esthetics shall not be construed to apply to the following persons:

(b) 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.

(c) Persons engaged in the practice of cosmetology or esthetics in a charitable or benevolent institution, where such practice is carried on solely for the benefit of the residents of such institution.

(d) Persons conducting programs relating to demonstrations of cosmetology or esthetics sponsored by a recognized cosmetological or esthetical organization.

(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, in that person's place of residence.

(g) Persons licensed as physical therapists or physical therapist assistants under RSA 328-A and 328-F.

118:2 Applicability. Members of the board of barbering, cosmetology, and esthetics serving on the board on the effective date of this act shall serve out the full duration of their terms of appointment unless removed by the governor and council as provided by RSA 313-A:3. Terms served by such members serving on the board on the effective date of this act shall be counted toward the limit of 2 consecutive terms provided by RSA 313-A:2, I.