21feb02...2584h

04/11/02 3176s

2may02...3763cofc

2may02...3794eba

2002 SESSION

01-2196

08/01

HOUSE BILL 1210

AN ACT relative to barbering, cosmetology, and esthetics.

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill prescribes qualifications for licensing, changes the definition of esthetics, and allows an apprenticeship to substitute for training to qualify as an esthetician.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21feb02...2584h

04/11/02 3176s

2may02...3763cofc

2may02...3794eba

01-2196

08/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

AN ACT relative to barbering, cosmetology, and esthetics.

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

230:1 Definitions. Amend RSA 313-A:1, VIII to read as follows:

VIII. "Esthetics" means:

(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; or

(d) Providing pedicure services, including therapeutic skin and nail care treatments for the foot, beautifying the foot, and massaging, cleansing, or stimulating the foot 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, and polishing the toenail.

230:2 Qualifications. Amend RSA 313-A:13 to read as follows:

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. An apprenticeship approved by the board may substitute for the required training. 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 the 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.

230:3 Shop Licensure. Amend RSA 313-A:19, II(a) to read as follows:

(a) Any licensed barber, cosmetologist, manicurist, or esthetician who has completed one year of actual [employment] experience 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.

230:4 Shop Licensure. Amend RSA 313-A:19, IV to read as follows:

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] experience 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.

230:5 Effective Date. This act shall take effect 60 days after its passage.

(Approved: May 17, 2002)

(Effective Date: July 16, 2002)