Bar 100-700

CHAPTER Bar 100 ORGANIZATIONAL RULES

REVISION NOTE #1:

Document #6046-a, effective 6-1-95, made extensive changes to the wording, format, structure and numbering of rules in Part Bar 101 titled “Definitions.” Document #6046-a superseded all prior filings for the sections in this part. The prior filings for former Part Bar 101 include the following documents:

#1879, eff 12-3-81

#2539, eff 11-18-83

#4814, eff 5-16-90

#5308, eff 1-16-92

#5544, eff 12-28-92

REVISION NOTE #2:

Document #13810, effective 1-19-24, adopted, readopted with amendment, readopted with amendment and renumbered, or repealed various rules in Chapter Bar 100 on organizational rules. Document #13810 adopted Bar 101.29 defining “school instructor”. Document #13810 also readopted with amendment and renumbered Bar 101.26 defining “passport photo” as Bar 101.23, readopted with amendment and renumbered Bar 102.05 titled “Organization” as Bar 102.04, and readopted with amendment and renumbered Bar 102.06 titled “Office Location, Office Hours, Mailing Address, and Telephone” as Bar 102.05. Document #13810 also readopted with amendment Bar 103.02 titled “Custodian of Records”.

Document #13810 repealed the following rules:

Bar 101.01 defining “adjudicatory proceeding”

Bar 101.08 defining “complaint”

Bar 101.20 defining “instructor”

Bar 102.04 titled “Staff”

Bar 103.03 titled “Roster Distribution”

The adoption and repeals necessitated renumbering, but not readopting, several existing definitions in Part Bar 101 titled “Definitions” as indicated in the source notes.

The filings, beginning with Document #6046-a, which affected the repealed rules prior to Document #13810 included the following documents. Italics indicate the rules were subject to expiration only pursuant to RSA 541-A:17, II:

#6046-a, eff 6-1-95, EXPIRED: 6-1-03

#7932, eff 8-3-03

#8223, eff 12-9-04 (Bar 101.01 only)

#9313, eff 11-5-08 (Bar 103.03 only)

#10412-A, eff 9-19-13

PART Bar 101 DEFINITIONS

Bar 101.01 “Adjacent” means near, next to, or touching.

Source. #14459, eff 1-1-26

Bar 101.02 “Apprentice” means a person being instructed in a shop or school and registered in accordance with RSA 313-A:24.

Source. #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13; renumbered by #13810 (formerly Bar 101.02); renumbered by #14459, eff 1-1-26 (formerly Bar 101.01)

Bar 101.03 “Appliance” means a barbering, cosmetology, esthetics, or manicuring device that is operated by electricity, such as a curling iron or electric clipper.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13; renumbered by #13810 (formerly Bar 101.03); renumbered by #14459, eff 1-1-26 (formerly Bar 101.02)

Bar 101.04 “Barber” means “barber” as defined in RSA 313-A:1, I, namely, “any person practicing barbering”.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13; renumbered by #13810 (formerly Bar 101.04); ss by #14459, eff 1-1-26 (formerly Bar 101.03)

Bar 101.05 “Barbering” means “barbering” as defined in RSA 313-A:1, II, namely,

“(a) Shaving or trimming the beard or cutting the hair;

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

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13; renumbered by #13810 (formerly Bar 101.05); ss by #14459, eff 1-1-26 (formerly Bar 101.04)

Bar 101.06 “Barbershop” means “barbershop” as defined in RSA 313-A:1, III, namely, “any establishment or place of business wherein the practice of barbering is engaged in or carried on”.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13; renumbered by #13810 (formerly Bar 101.06); ss by #14459, eff 1-1-26 (formerly Bar 101.05)

Bar 101.07 “Blade” means the broad flat or concave part of a cutting implement that comes into contact with the material to be removed or abraded.

Source. #14459, eff 1-1-26

Bar 101.08 “Board” means “board” as defined in RSA 313-A:1, IV, namely, “the board of barbering, cosmetology, and esthetics”.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13; renumbered by #13810 (formerly Bar 101.07); ss by #14459, eff 1-1-26 (formerly Bar 101.06)

Bar 101.09 "Chemical treatment" means any product or procedure, including the preparation or application of the product, that alters or changes the molecular structure of the hair, skin, or nails through the use of chemicals. Chemical treatments include, but are not limited to the following:

(a) Permanent waving and soft permanent waving;

(b) Chemical straightening; and

Source. #14459, eff 1-1-26

Bar 101.10 “Cleaning” means physically removing most dirt, debris, and impurities from objects and surfaces with soap or detergent.

Source. #14459, eff 1-1-26

Bar 101.11 “Conspicuous” means obvious to the eye or mind, attracting attention.

Source. #14459, eff 1-1-26

Bar 101.12 “Cosmetologist” means “cosmetologist” as defined in RSA 313-A:1, V, namely, “any person practicing cosmetology”.

Source. #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13; renumbered by #13810 (formerly Bar 101.09); renumbered by #14459, eff 1-1-26 (formerly Bar 101.07)

Bar 101.13 “Cosmetology” means “cosmetology” as defined in RSA 313-A:1, VI, namely, “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”.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13; renumbered by #13810 (formerly Bar 101.10); renumbered by #14459, eff 1-1-26 (formerly Bar 101.08)

Bar 101.14 “Current” means occurring in or existing at the present time, most recent.

Source. #14459, eff 1-1-26

Bar 101.15 “Direct supervision” means in-view observation and guidance by an instructor while an assigned activity is performed by an individual being supervised, provided in person and includes but is not limited to:

(a) Observation of the task being performed by the supervisee;

(b) Coaching the supervisee; and

Source. #14459, eff 1-1-26

Bar 101.16 “Disinfect” means killing bacteria and viruses on objects and surfaces with an EPA-registered disinfectant.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13; renumbered by #13810 (formerly Bar 101.11); ss by #14459, eff 1-1-26 (formerly Bar 101.09)

Bar 101.17 “Dispensary” means a separate area containing a sink.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.11); renumbered by #13810 (formerly Bar 101.12); renumbered by #14459, eff 1-1-26 (formerly Bar 101.10)

Bar 101.18 “Division” means the division of public health services, department of health and human services.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.12); renumbered by #13810 (formerly Bar 101.13); renumbered by #14459, eff 1-1-26 (formerly Bar 101.11)

Bar 101.19 “Emergency eyewash station” means either an unexpired, Food and Drug Administration (FDA)-complaint portable eyewash kit or station or a plumbed-in eyewash station.

Source. #14459, eff 1-1-26

Bar 101.20 “Esthetician” means “esthetician” as defined in RSA 313-A:1, VII, namely, “any person practicing esthetics”.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.13); renumbered by #13810 (formerly Bar 101.14); ss by #14459, eff 1-1-26 (formerly Bar 101.12)

Bar 101.21 “Esthetics” means “esthetics” as defined in RSA 313-A:1, VIII, namely,

“(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;

(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 and manicure services, including therapeutic skin and nail care treatments for the feet and hands, beautifying the feet and hands, and massaging, cleansing, or stimulating the 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 nails, and polishing the nails.”

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.14); renumbered by #13810 (formerly Bar 101.15); ss by #14459, eff 1-1-26 (formerly Bar 101.13)

Bar 101.22 “Exfoliation” means the sloughing off of non-living, dead skin cells by very superficial, or non-invasive means.

Source. #14459, eff 1-1-26

Bar 101.23 “Faradic unit” means a current is an alternating and interrupted current capable of producing a mechanical reaction without a chemical effect.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.16); renumbered by #13810 (formerly Bar 101.17); renumbered by #14459, eff 1-1-26 (formerly Bar 101.15)

Bar 101.24 “Foot spa” means any basin using circulating water. The term includes “whirlpool” and “spa”.

Source. #14459, eff 1-1-26

Bar 101.25 “Implement” means a utensil or tool used in the barber, cosmetology, esthetician, or manicuring trade.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.17); renumbered by #13810 (formerly Bar 101.18); renumbered by #14459, eff 1-1-26 (formerly Bar 101.16)

Bar 101.26 “Indirect supervision” means supervision where the supervisor is not required to be in close proximity to the individual being supervised, but is continuously in the facility and available to provide supervision when needed.

Source. #14459, eff 1-1-26

Bar 101.27 "Infection control" means the practice of preventing the spread of infection.

Source. #14459, eff 1-1-26

Bar 101.28 “Institution” means a place that is legally responsible for the residents' full-time health and welfare.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.18); renumbered by #13810 (formerly Bar 101.19); renumbered by #14459, eff 1-1-26 (formerly Bar 101.17)

Bar 101.29 “Iontophoresis unit” means a machine which introduces water soluble product into the skin with the use of electric current, such as the use of the positive and negative poles of a galvanic machine.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.20); renumbered by #13810 (formerly Bar 101.21) (see Revision Note #2 at chapter heading for Bar 100); renumbered by #14459, eff 1-1-26 (formerly Bar 101.18)

Bar 101.30 “Licensee” means any person or business licensed or registered by the OPLC or holding a temporary permit pursuant to RSA 313-A:18.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.21); renumbered by #13810 (formerly Bar 101.22) (see Revision Note #2 at chapter heading for Bar 100); ss by #14459, eff 1-1-26 (formerly Bar 101.19)

Bar 101.31 “Manicurist” means “manicurist” as defined in RSA 313-A:1, IX, namely, “any person practicing manicuring or pedicuring”.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.22); renumbered by #13810 (formerly Bar 101.23) (see Revision Note #2 at chapter heading for Bar 100); ss by #14459, eff 1-1-26 (formerly Bar 101.20)

Bar 101.32 “Manicuring” means “manicuring” as defined in RSA 313-A:1, X, namely, “cutting, trimming, polishing, applying artificial enhancements such as tips or acrylic to the natural nails, or coloring or cleansing the nails of any person”.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.23); renumbered by #13810 (formerly Bar 101.24) (see Revision Note #2 at chapter heading for Bar 100); ss by #14459, eff 1-1-26 (formerly Bar 101.21)

Bar 101.33 “Master barber” means “master barber” as defined in RSA 313-A:1, II-a, namely, “any person licensed by the office of professional licensure and certification as a master barber to practice the following:

(a) Shaving or trimming the beard or cutting the hair;

(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.”

Source. #14459, eff 1-1-26

Bar 101.34 “Non-invasive” means confined to the cells of the epidermis.

Source. #14459, eff 1-1-26

Bar 101.35 “Non-porous” means a material that does not permit air, fluids, or solid substances to be absorbed or to pass through. A non-porous item or implement is cleaned and disinfected before reuse.

Source. #14459, eff 1-1-26

Bar 101.36 “Passport photo” means a 2 inch by 2 inch photograph, facial front view, with a plain background, taken within 2 years of the issuance of a license.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.25); ss by #13810, eff 1-19-24 (formerly Bar 101.26) (see Revision Note #2 at chapter heading for Bar 100); renumbered by #14459, eff 1-1-26 (formerly Bar 101.23)

Bar 101.37 “Person” means any individual, partnership, corporation, association, governmental subdivision or public or private organization.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.26); renumbered by #13810 (formerly Bar 101.27) (see Revision Note #2 at chapter heading for Bar 100); renumbered by #14459, eff 1-1-26 (formerly Bar 101.24)

Bar 101.38 “Porous” means a material that permits fluids, gases, or debris to be absorbed or to pass through.

Source. #14459, eff 1-1-26

Bar 101.39 “Razor” means an instrument with a sharp blade or combination of blades.

Source. #14459, eff 1-1-26

Bar 101.40 “Salon” means “salon” as defined in RSA 313-A:1, XII, namely, “a beauty salon or other place kept open for the business of cosmetology, manicuring, or esthetics”.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #9455-A, eff 4-14-09; ss by #10412-A, eff 9-19-13 (from Bar 101.28); renumbered by #13810 (formerly Bar 101.29) (see Revision Note #2 at chapter heading for Bar 100); ss by #14459, eff 1-1-26 (formerly Bar 101.26)

Bar 101.41 “Sanitize” means reducing the number of bacteria on objects and surfaces using chemicals.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.29); renumbered by #13810 (formerly Bar 101.30) (see Revision Note #2 at chapter heading for Bar 100); ss by #14459, eff 1-1-26 (formerly Bar 101.27)

Bar 101.42 “School” means “school” as defined in RSA 313-A:1, XIII, namely, “a school or other institution, or a dedicated program within such school or institution, conducted for the purpose of teaching cosmetology, manicuring, barbering, or esthetics”.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.30); renumbered by #13810 (formerly Bar 101.31) (see Revision Note #2 at chapter heading for Bar 100); ss by #14459, eff 1-1-26 (formerly Bar 101.28)

Bar 101.43 “School instructor” means any person licensed by the board to teach in a school.

Source. (See Revision Note #2 at chapter heading for Bar 100) #13810, eff 1-19-24; renumbered by #14459, eff 1-1-26 (formerly Bar 101.24)

Bar 101.44 "Shampooing" means the act of cleansing or conditioning an individual's hair or scalp.

Source. #14459, eff 1-1-26

Bar 101.45 “Shampoo sink” means a sink with a spray hose and neck rest.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.31); renumbered by #13810 (formerly Bar 101.32) (see Revision Note #2 at chapter heading for Bar 100); renumbered by #14459, eff 1-1-26 (formerly Bar 101.30)

Bar 101.46 “Shaving” means the removal of hair from the face, area under the chin, jawline, neck, or hairline of an individual, using a razor.

Source. #14459, eff 1-1-26

Bar 101.47 “Shop” means any salon or barbershop licensed in accordance with RSA 313-A:19.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.32); renumbered by #13810 (formerly Bar 101.33) (see Revision Note #2 at chapter heading for Bar 100); renumbered by #14459, eff 1-1-26 (formerly Bar 101.31)

Bar 101.48 “Shop apprentice” means an individual registered in accordance with RSA 313-A:24 and being instructed in a shop licensed in accordance with RSA 313-A:19 for a specific period to learn barbering, cosmetology, esthetics, or manicuring.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.33); renumbered by #13810 (formerly Bar 101.34) (see Revision Note #2 at chapter heading for Bar 100); renumbered by #14459, eff 1-1-26 (formerly Bar 101.32)

Bar 101.49 “Shop instructor” means any person licensed by the board to teach in a shop.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.34); renumbered by #13810 (formerly Bar 101.35) (see Revision Note #2 at chapter heading for Bar 100); renumbered by #14459, eff 1-1-26 (formerly Bar 101.33)

Bar 101.50 “Sink” means a basin connected to a drain with hot and cold running water.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.35); renumbered by #13810 (formerly Bar 101.36) (see Revision Note #2 at chapter heading for Bar 100); ss by #14459, eff 1-1-26 (formerly Bar 101.34)

Bar 101.51 “Sterilize” means the use of an autoclave for sterilizing all instruments or materials, or the use of pre-packaged, pre-sterilized, and disposable instruments or materials.

Source. #14459, eff 1-1-26

Bar 101.52 “Student apprentice” means an individual registered in accordance with RSA 313-A:24 and being instructed in a school licensed in accordance with RSA 313-A:9, IV.

Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03

New. #7932, eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.36) renumbered by #13810 (formerly Bar 101.37) (see Revision Note #2 at chapter heading for Bar 100); renumbered by #14459, eff 1-1-26 (formerly Bar 101.35)

Bar 101.53 “Superfluous hair removal” means tweezing, waxing, sugaring, and threading. The meaning does not include electrolysis.

Source. #14459, eff 1-1-26

Bar 101.54 "Threading" means a service provided by a master barber, cosmetologist, or esthetician that results in the removal of hair from its follicle from around the eyebrows and from other parts of the face with the use of a single strand of thread and an astringent. The meaning does not include the use of chemicals of any kind, wax, or any implements, instruments, or tools to remove hair.

Source. #14459, eff 1-1-26

PART Bar 102 BOARD ORGANIZATIONS

Bar 102.01 Duties and Responsibilities. The board shall administer the provisions of RSA 313-A, which include but are not limited to safeguarding life, health, and property, to promoting public welfare and maintaining a high standard of integrity regarding the practice of barbering, cosmetology, esthetics, and manicuring in this state.

Source. #1879, eff 12-3-81; ss by #2539, eff 11-18-83; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #5544, eff 12-28-92, EXPIRED: 12-28-98

New. #8223, eff 12-9-04

Bar 102.02 Composition of the Board. The board shall consist of 7 members who meet the eligibility requirements of RSA 313-A:2.

Source. #8223, eff 12-9-04

Bar 102.03 Organization. The board shall hold at least 6 meetings per year and annually select a chairperson and vice-chairperson from its members. The chairperson shall preside at all meetings. In the absence of the chairperson, the vice-chairperson shall preside.

Source. #8223, eff 12-9-04; ss by #13810, eff 1-19-24 (formerly Bar 102.05) (see Revision Note #2 at chapter heading for Bar 100); ss by #14459, eff 1-1-26 (formerly Bar 102.04)

Bar 102.04 Office Location, Office Hours, Mailing Address, and Telephone.

(a) The board’s office shall be located at 7 Eagle Square, Concord NH 03301.

(b) The board’s office shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.

The Board of Barbering, Cosmetology, and Esthetics

c/o The Office of Professional Licensure and Certification

7 Eagle Square

Concord NH 03301

(d) The board and the OPLC’s telephone number shall be (603) 271-2152.

Source. #8223, eff 12-9-04; ss by #13810, eff 1-19-24 (formerly Bar 102.06) (see Revision Note #2 at chapter heading for Bar 100); ss by #14459, eff 1-1-26 (formerly Bar 102.05)

PART Bar 103 PUBLIC INFORMATION

Bar 103.01 Record of Board Actions. Minutes shall be kept of board meetings and of official actions taken by the board. Minutes of board actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5 shall be governmental records and shall be available for inspection during the board’s ordinary office hours within 5 days from the close of the meeting or vote in question unless the 72 hours availability requirement of RSA 91-A:3, III is applicable.

Source. #8223, eff 12-9-04; EXPIRED: 7-1-09 pursuant to RSA 541-A:17, II and 2008, 303:4 effective 7-1-08;

New. #12604, eff 8-16-18

Bar 103.02 Requests for Information and Access to Records. Requests for information and access to records shall be in accordance with Plc 103.

Source. #8223, eff 12-9-04; ss by #13810, eff 1-19-24 (see Revision Note #2 at chapter heading for Bar 100); ss by #14459, eff 1-1-26

CHAPTER Bar 200 RULES OF PRACTICE AND PROCEDURE

Statutory Authority: RSA 313-A

REVISION NOTE:

Document #13748, effective 9-19-23, repealed Part Bar 201 through Part Bar 218 in Chapter Bar 200, titled “Practice and Procedure”, and renamed the chapter as “Rules of Practice and Procedure”. Document #13748 also adopted a new Part Bar 201 titled “Practice and Procedure and Waiver of Rules”, containing Bar 201.01 titled “Rules of Practice and Procedure” and Rule Bar 201.02 titled “Waiver of Administrative Rules.”

Document #13748 replaces all prior filings affecting the rules in the former Chapter Bar 200. The prior filings included the following documents. Italics indicate the rules were subject to expiration only pursuant to RSA 541-A:17, II:

#2040, eff 6-3-82

#2539, eff 11-18-83

#4814, eff 5-16-90

#5308, eff 1-16-92, EXPIRED 1-16-98

#6577, eff 9-13-97

#7951-A, eff 9-10-03

#7951-B, eff 9-10-03

#9997-A, eff 9-16-11

#9997-B, eff 9-16-11

#12604, eff 8-16-18

As practice and procedure rules, the rules in Document #13748 will not expire except pursuant to RSA 541-A:17, II.

PART Bar 201 PRACTICE AND PROCEDURE AND WAIVER OF RULES

Bar 201.01 Rules of Practice and Procedure. The Plc 200 rules shall govern with regards to all procedures for:

(a) The receipt of misconduct complaints;

(b) The conduct of adjudicatory proceedings;

(d) Public comment hearings;

(e) Declaratory rulings;

(f) All statements of policy and interpretation;

(g) Explanation of adopted rules; and

(h) Voluntary surrender of licenses.

Source. (See Revision Note at chapter heading for Bar 200) #13748, eff 9-19-23

Bar 201.02 Waiver of Administrative Rules.

(a) The board shall initiate a waiver of a substantive rule upon its own motion by providing affected parties with notice and opportunity to be heard and issuing an order which finds that a waiver would be necessary to advance the purpose of the rules of the board.

(b) Individuals who wish to request a waiver of a rule shall submit a written request to the board, which includes:

(1) The rule for which a waiver is requested;

(2) The anticipated length of time the requested waiver will be needed;

(3) The reason for requesting the waiver;

(4) Evidence of how the waiver will provide for the health and safety of the consumer or licensee;

(5) A time-limited written compliance plan which sets forth plans to achieve compliance including an estimated date of compliance; and

(6) The signature of the applicant.

(1) If adherence to the rule would cause the petitioner unnecessary or undue hardship;

(2) If the requested waiver is necessary because of any neglect or misfeasance on the part of the practitioner;

(3) If enforcement of the rule would injure a third person(s); and

(4) If waiver of the rule would injure a third person(s).

(d) The board shall approve a waiver of an administrative rule request only if:

(1) Granting a waiver does not have the effect of waiving or modifying a provision of RSA 310-A;

(2) The petitioner has shown good cause exists pursuant to (c) above to waive the rule; and

(3) The board determines that the individual’s plans for compliance with the rule includes an estimated date of compliance and eventual compliance.

(e) If the board, after receiving and reviewing a request for a waiver, requires further information or documentation to grant or deny the waiver, the board shall:

(1) Notify the applicant in writing within 30 days; and

(2) Specify the information or documentation the board requires.

(f) The board shall issue a written approval or denial of the waiver within 60 days of the date the request is received, unless additional information or documentation is required. If additional information and documentation is required, then the board shall issue a written approval or denial within 60 days of receiving the requested information or documentation.

Source. (See Revision Note at chapter heading for Bar 200) #13748, eff 9-19-23

CHAPTER Bar 300 REGISTRATION OR LICENSING REQUIREMENTS

Statutory Rulemaking Authority RSA 313-A:8

PART Bar 301 APPLICATION PROCEDURE

Bar 301.01 Apprentice Application.

(a) Upon the board's receipt of a request for an application for registration as an apprentice, the board shall send the applicant an application for registration as an apprentice.

(b) Each applicant for an apprentice registration shall complete and submit to the board an application for registration as an apprentice including:

(1) The applicant’s name, address, and telephone number;

(2) The appropriate type of apprenticeship:

a. Cosmetology;

b. Barbering;

c. Master Barber;

d. Manicuring; or

e. Esthetics;

(3) A check, money order, electronic payment, or cash in the amount of $25.00;

(4) A copy of a birth certificate or driver’s license providing proof of age as required by RSA 313-A:24, II (a); a copy of the applicant’s high school diploma or equivalent if the applicant is under 21 years of age, or a letter from the applicant’s high school indicating that he or she is currently enrolled and on track for graduation; and

(5) Whether the applicant:

a. Has been convicted of a felony or misdemeanor, other than a traffic violation, which has not been annulled by a court, and, if yes, the applicant shall submit:

(i) A Court provided copy of the charge(s), conviction(s), penalties imposed, and a statement created by the applicant relative to the charges;

(ii) If the applicant is currently on probation, the probation officer’s name, mailing address, and telephone number, a letter from the probation officer stating that the applicant is in compliance, and;

(iii) If the applicant has completed probation or parole, a letter indicating that the applicant met all the requirements and is no longer on parole or probation;

b. Is addicted to the use of alcohol or other habit-forming drugs to a degree rendering him or her unfit to practice under RSA 313-A;

c. Has had any past disciplinary action against him or her in any jurisdiction in which registration is similar to the one requested to have issued under this application; and

d. Has been determined by a court to be mentally incompetent, or has been told by health practitioner or mental health practitioner that he or she has a mental condition that would impair his or her ability to practice the profession for which they are seeking registration under RSA 313-A;

(6) The applicant’s social security number; and

(7) A date and signature or electronic signature affirming the following pledge: “I, hereby certify that the statements made on this application and in any other documents submitted in connection with this application are true and accurate. I have not withheld information that is requested. I am aware that a false, dishonest, or misleading answer may be grounds for: 1) denial of this application; 2) disciplinary action against my license; and further that false statements are punishable by law”; and

(c) The applicant may provide to the board any information explaining or providing background to the affirmative answer(s) in (5) above.

(d) If the apprenticeship will take place in a school licensed in accordance with RSA 313-A:9, IV, the school's owner, or his or her designee, shall:

(1) Provide the name, address, and telephone number of the school where the instruction will take place;

(2) Include the enrollment date; and

(3) Sign or electronically sign, and date the application.

(e) If the apprenticeship will take place in a shop, licensed in accordance with RSA 313-A:19, the shop instructor shall be licensed in accordance with RSA 313-A:9, V.

(f) The shop instructor shall:

(1) Provide the name, address, and telephone number of the shop where the instruction will take place;

(2) Include the enrollment date; and

(3) Sign and date the application.

(g) An applicant for a shop instructor license shall:

(1) In accordance with RSA 313-A:10, I(c)(2) and RSA 313-A:11, I(c)(2), have been engaged in the practice within the state for at least 2 years;

(2) Submit to the board a check, money order, electronic payment, or cash in the amount of $50.00; and

(3) Supply the following on the application for registration as an apprentice form:

a. His or her New Hampshire license number;

b. His or her initial New Hampshire licensure date; and

c. His or her signature and current date affirming the statement “I certify that the apprentice whose name is stated above is serving his or her apprenticeship training under my direction. I agree to notify the board office in writing when the apprenticeship is completed or has terminated. I understand by signing this application I agree to ensure the apprentice is in compliance with board’s administrative rules and governing statute and should the apprentice fail to comply, I will be subject to disciplinary action by the board”.

Source. #1879, eff 12-3-81; ss by #2539, eff 11-18-83; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #6046-b, eff 6-1-95; ss by #6577, eff 9-13-97; ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06; amd by #8753, eff 11-27-06; amd by #9047, eff 12-12-07; amd by #9652, eff 2-3-10; ss by #11055, eff 3-18-16

Bar 301.02 Procedure for Approving and Denying an Application for Apprentices.

(a) Upon the board's receipt of an application, the board shall approve or deny the application within 30 days of receipt.

(b) If the applicant answered in the negative to all the statements in Bar 301.01 (b) (5), the applicant shall be deemed by the board to be of good professional character.

(c) If the applicant answered in the affirmative, the board shall determine if this person is of good professional character after reviewing factors surrounding the affirmative answer.

(d) Factors the board shall take into consideration shall be as follows:

(1) Whether the person has been found guilty of abuse, neglect, exploitation of any person or has been convicted of child endangerment, fraud or a felony against a person in this or any other state by a court of law;

(2) Whether the person has a current mental condition affecting the ability to practice the profession;

(3) The length of time that has passed since the crime or disciplinary action;

(4) Information showing the positive answer is not indicative of the persons current character; and

(5) Any relevant circumstances surrounding the affirmative answer.

(e) The board shall approve an application and issue an apprentice registration with the shop instructor’s name, when applicable, if:

(1) Application for registration as an apprentice is completed in accordance with RSA 313-A:24 and Bar 301.01;

(2) The shop instructor meets the requirements of Bar 301.01(e); and

(3) The applicant is deemed to be of good professional character.

(f) The board shall deny an application if:

(1) The application is not completed in accordance with RSA 313-A:24 and Bar 301.01;

(2) The shop instructor applicant does not meet the requirements of Bar 301.01(f); or

(3) The applicant is not deemed to be of good professional character.

(g) If the board denies an applicant pursuant to (f), above, the board shall return the application to the applicant with all attachments and a letter as follows:

(1) Referencing the statute or rule the applicant has not complied with;

(2) Explaining what the applicant shall do in order to become registered or licensed; and

(3) Providing the secretary's name and telephone number for further assistance.

(h) The board shall send a copy of the letter described in Bar 301.02(g), to the school or the proposed shop instructor.

Source. #1879, eff 12-3-81; amd by #2040, eff 6-3-82; ss by #2539, eff 11-18-83; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #6020, eff 4-14-95; ss by #6046-b, eff 6-1-95; ss by #6577, eff 9-13-97; ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06, EXPIRED: 6-9-14

New. #10808, eff 4-2-15

Bar 301.03 Apprenticeship.

(a) “Reflexology” means the study and interpretation of reflex component of the function of a body part, system, or of a particular kind of activity.

(b) The number of hours of instruction to complete an apprenticeship shall be in accordance with:

(1) For barbers, RSA 313-A:10, I(c)(1) or (2);

(2) For cosmetologists, RSA 313-A:11, I(c)(1) or (2);

(3) For manicurists, RSA 313-A:12, I, or, pursuant to RSA 313-A:12, II, 600 hours in a shop apprenticeship program;

(4) For estheticians, RSA 313-A:13 or, pursuant to RSA 313-A:13, 1200 hours in a shop apprenticeship program; and

(5) For a master barber, RSA 313-A:10 III, (c) (1) or (2).

(1) For barber apprentices:

a. Shampooing;

b. Haircutting;

c. Hairstyling, for men and women;

d. Razor cutting;

e. Shaves and beard trim;

f. Scalp massaging;

g. Hair analysis;

h. Hairpieces;

i. Business management and salesmanship;

j. Textbook theory, which shall consist of reading textbooks in regard to barbering;

k. State laws and rules; and

l. Bacteriology safety and sanitation;

(2) For cosmetology apprentices:

a. Shampooing;

b. Hairstyling;

c. Hair shaping;

d. Hair coloring, including temporary, semi-permanent, and permanent;

e. Permanent waving and straightening;

f. Hair analysis and scalp treatments;

g. Facials and waxing, including contraindications;

h. Manicuring and pedicuring;

i. Bacteriology, safety, and sanitation;

j. Personal development;

k. Business management and salesmanship;

l. State laws and rules;

m. Textbook theory, which shall consist of reading textbooks, no more than 5 years old, in regard to cosmetology;

n. Sculptured nail, nail tip, nail wrap, and gel application; and

o. Reflexology and massage as it relates to cosmetology, manicuring, and pedicuring services;

(3) For esthetic apprentices:

a. Textbook theory, which shall consist of reading textbooks no more than 5 years old, in regard to esthetics;

b. Anatomy and physiology;

c. Bacteriology, safety, and sanitation;

d. Basic chemistry of ingredients;

e. Professional practices;

f. Facial and body treatments;

g. Treatments for facial and body hair;

h. Reflexology and massage as it relates to esthetic services;

i. Pedicuring;

j. Makeup services; and

k. State laws and rules;

(4) For a manicuring apprentice:

a. Bacteriology, safety and sanitation;

b. Professional practice;

c. Basic manicuring;

d. Sculptured nail, nail tip, nail wrap and gel application;

e. Pedicuring;

f. Proper drill use;

g. Textbook theory, which shall consist of reading textbooks, no more than 5 years old, in regard to manicuring;

h. State laws and rules; and

i. Reflexology and massage as it relates to manicuring and pedicuring; and

(5) For master barber apprentices:

a. Shampooing;

b. Haircutting;

c. Hairstyling, for men and women;

d. Razor cutting;

e. Shaves and beard trim;

f. Scalp massaging;

g. Permanent waving and straightening;

h. Coloring

i. Hair analysis;

j. Hairpieces;

k. Business management and salesmanship;

l. Textbook theory, which shall consist of reading textbooks in regard to barbering;

m. State laws and rules; and

n. Bacteriology safety and sanitation.

(d) Each student, at the beginning of the course, shall receive a course outline, including:

(1) The name of the course;

(2) A course description;

(3) The course goals;

(4) The contents of the units of instruction and, as applicable, hours;

(5) The course format; and

(6) The grading procedures.

(e) For a student enrolled in a cosmetology program not offering the 1500 hours in a career and technical program within a high school with an 83 minute a day block or less, the maximum apprenticeship hours shall be no more than 325 hours as follows:

(1) Orientation, 6 hours;

(2) Your professional image, 5 hours;

(3) Infection control including principles and practice, 26 hours;

(4) Shampooing, rinsing, conditioning, 18 hours;

(5) Wet hairstyling, thermal styling, thermal pressing, 110 hours;

(6) Principles of design, 10 hours;

(7) Manicuring and pedicuring, 30 hours;

(8) Facials, 25 hours;

(9) Facial make-up, 15 hours;

(10) Removal of unwanted hair, 10 hours;

(11) Seeking employment, 5 hours;

(12) Properties of hair and scalp, 20 hours;

(13) Introduction to hair cutting, 40 hours; and

(14) Orientation to clinic floor, 5 hours.

(f) For a student enrolled in a cosmetology program not offering the 1500 hours in a career and technical program within a high school with 84 minutes a day block, or more, in addition to Bar 301.03 (e), the maximum apprenticeship hours shall be no more than 35 hours as follows:

(1) Perm wrapping, 20 hours; and

(2) Color application, 15 hours.

(g) A career and technical high school student apprentice enrolled in a 360 hour maximum program shall be required to take an exam in order to obtain the hours in subjects described in Bar 301.03(e) and (f). The passing grade shall be 75%.

(h) If the student apprentice enrolled in a 360 hour maximum program passes the examination, he or she shall receive the hours described in Bar 301.03(e) and (f) for the subject portion of the written exam passed.

(i) If the student apprentice enrolled in a 360 hour maximum program fails the examination, he or she shall not receive the hours described in Bar 301.03(e) and (f) for the subject portion of the written exam failed.

(j) At the discretion of the receiving school a career and technical high school student apprentice may transfer hours, previously acquired at the career and technical high school program.

(k) The written exam that was administered by the career and technical high school shall be forwarded to the applicant’s post-secondary school of choice.

(l) A career and technical high school student apprentice enrolled in a program offering at least a 3-year 1500 hour course shall receive the following types of instruction:

(1) Shampooing;

(2) Hairstyling and shaping;

(3) Hair coloring, including, temporary, semi-permanent, and permanent;

(4) Chemical waving and straightening;

(5) Hair analysis and scalp treatments;

(6) Basic skin care including facials, hair removal, and contraindications;

(7) Wigs, extensions, and enhancements;

(8) Manicuring and pedicuring;

(9) Infection control;

(10) Bacteriology, safety, and disinfection;

(11) Professional development;

(12) Business management and sales;

(13) Artificial nails and enhancements;

(14) Reflexology as it relates to cosmetology services;

(15) Textbook theory; and

(16) State laws.

(m) A shop apprentice's hours shall not be transferable to a school. A student apprentice's hours shall not be transferable to a shop.

(n) A shop apprentice may transfer to another shop apprenticeship. A student apprentice may transfer to another school.

(o) If an apprentice wishes to transfer to, or re-enroll in another apprenticeship, the apprentice shall reapply in accordance with Bar 301.01, and attach a letter stating that he or she is a transfer or re-enroll apprentice. When transferring or re-enrolling in an apprenticeship, the apprentice shall reapply within 12 months of the termination date of the initial apprenticeship in order to maintain all of his or her accumulated hours. If an apprentice reapplies after 12 months, but before 24 months, he or she shall maintain half of his or her accumulated hours. If an apprentice reapplies after 24 months he or she shall not maintain any of his or her accumulated hours.

(p) Apprentices shall sanitize and disinfect areas of the school or salon where there might be a threat to the health of the apprentice or the general public.

(q) Any post-secondary school that wishes to implement online education shall clearly state in the student apprentice contract that other schools or states might not recognize any online education hours obtained.

(r) The school shall determine if prospective student apprentices possess the skills and comprehension necessary to succeed in an online education environment and maintain in each student’s record documentation of the method used to determine the student’s skill and comprehension.

(s) The school shall track and record the student’s progression in the online education course(s).

(t) The school shall ensure the student demonstrates participation in the online education course(s).

(u) The school shall administer a test at the mid-point and at the end of each online education course. The testing shall be done in person at the school.

(v) Online instruction shall be limited to the theory portion only and no more than 25% of the total course.

(w) No practical or clinical instruction shall be permitted through online education.

(x) The school shall make available to student apprentices and instructors access to technical support for the online educational course(s) or program(s).

(y) The school shall be responsible for the quality of the courses of study and programs offered through online education and traditional methods of study.

(z) After successfully completing 800 hours of barber training or 1500 hours of cosmetology training in a licensed school, the alternate program may grant an individual up to 500 advanced placement hours towards training in the alternate program.

(aa) Advanced placement hours shall be granted in the following areas according to the school policy:

(1) Microbiology and infection control;

(2) Implements, tools, and equipment;

(3) Anatomy and physiology;

(4) Chemistry;

(5) Electricity and light therapy;

(6) Properties and disorders of the skin;

(7) Properties and disorders of the scalp and hair;

(8) Treatments of the hair and scalp;

(9) Facial massage;

(10) Haircutting;

(11) Styling;

(12) Chemical texturizing;

(13) Hair coloring and lightening;

(14) Business and job search; and

(15) State law and regulations.

Source. #1879, eff 12-3-81; ss by #2539, eff 11-18-83; amd by #2778, eff 7-24-84; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #5772, eff 1-11-94; ss by #6046-b, eff 6-1-95; ss by #6577, eff 9-13-97; amd by #7436, eff 1-26-01; ss by #7555, eff 9-12-01; ss by #7828, eff 2-13-03; ss by #8097, eff 6-11-04; ss by #8655, eff 6-9-06; amd by #9047, eff 12-12-07; amd by #9652, eff 2-3-10; ss by #10144, eff 6-7-12; ss by #10412-B, eff 9-19-13; ss by #11055, eff 3-18-16; ss by #13018, EMERGENCY RULE, eff 4-7-20, EXPIRED: 10-4-20

Bar 301.04 Instructors of Apprentices.

(a) Each apprentice shall receive his or her instruction from a cosmetologist, barber, esthetician, manicurist, or master barber who is a licensed instructor in accordance with Bar 301.08 or Bar 301.01 (f).

(b) An instructor license shall expire in accordance with RSA 313-A:20.

(c) A shop instructor shall keep a monthly record of the apprentice's attendance on a sheet provided by the board, including:

(1) The name of the apprentice;

(2) The name and address of the shop;

(3) The apprentice licensure date;

(4) The month and year for which the record is being submitted;

(5) The total number of hours completed during the apprenticeship;

(6) The signature of the shop instructor; and

(7) The signature of the shop apprentice.

(d) The shop instructor shall submit the monthly record of attendance to the board no later than the 15th of the next following month.

(e) Instructors shall administer written, oral, or practical tests pertaining to Bar 301.03(c). The tests shall be graded and reviewed with the students promptly. Each apprentice shall be tested at least once a month. Shop instructors shall send a copy of each completed and corrected test to the board along with the monthly record of attendance in accordance with Bar 301.04(e).

(f) Shop instructors shall prohibit a shop apprentice being instructed in master barbering or cosmetology from practicing on a paying customer until the apprentice has completed at least 3 months and 400 hours of the apprenticeship. A licensed barber apprenticing to obtain a cosmetology license, or a cosmetologist apprenticing to obtain a barber license, may practice on a client immediately.

(g) Shop instructors shall prohibit a shop apprentice being instructed in barbering or esthetics, unless the apprentice is a licensed cosmetologist, from practicing barbering or esthetics on a paying customer until the apprentice has completed at least 150 hours of the apprenticeship.

(h) Shop instructors shall ensure that a shop apprentice being instructed in manicuring does not practice manicuring on a paying customer until the apprentice has completed at least 50 hours.

(i) All shops with an apprentice practicing on paying customers shall have the apprentice wear a name tag. The name tag shall state "Apprentice".

(j) Except as prohibited by RSA 313-A and these rules, the instructor shall assign paying customer services to the apprentice.

(k) The instructor shall provide each apprentice with at least 2 written progress reports during each course. The reports shall evaluate the apprentice's theory and practical work, and attendance. Instructors shall be available to discuss the reports and the apprentice’s progress in the course.

(l) Related theory and practice shall precede clinic activities, and apprentices shall have demonstrated competence in both theory and practice before being allowed to participate in such activities. Instruction in theory and practice shall not be replaced by the clinic or working on paying customers, and apprentices shall not be excused from scheduled classes to work in the clinic or on paying customers.

(m) A shop instructor shall be readily accessible, in the shop, to the shop apprentice at all times during professional services on a client within the first 50% of hours required by Bar 301.03 (b).

(n) Once the shop apprentice has completed over 50% of the hours required by Bar 301.03 (b) and is in compliance with Bar 301.04(m), the shop apprentice shall have direct access to a licensee when providing professional services on a client.

(o) An esthetician apprentice shall have completed at least 400 hours prior to the application of any cosmetic exfoliation chemical.

(p) The shop instructor shall be with the esthetician apprentice at all times during the application of any cosmetic exfoliation chemical.

Source. #1879, eff 12-3-81; ss by #2539, eff 11-18-83; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #5772, eff 1-11-94; ss by #6046-b, eff 6-1-95; ss by #6577, eff 9-13-97; ss by #7555, eff 9-12-01; ss by #7828, eff 2-13-03; ss by #8097, eff 6-11-04; ss by #8655, eff 6-9-06; amd by #9047, eff 12-12-07; ss by #11055, eff 3-18-16

Bar 301.05 Apprentice Termination.

(a) An instructor or an apprentice may terminate an apprenticeship at any time upon written notification to the board. The instructor and the apprentice shall notify the board within 5 business days of the termination date.

(b) The written notification of termination required by (a), above, shall include, if it is from the:

(1) Instructor:

a. The apprentice's name;

b. The shop or school name, address, and telephone number;

c. The date of termination; and

d. The monthly record of attendance up to the termination date; and

(2) Apprentice, all items in (b)(1) a. through c, above.

(c) When a shop apprenticeship is terminated by the apprentice, in accordance with Bar 301.05(a), the board shall write to the shop instructor informing the instructor of the termination and requiring the instructor to forward all outstanding monthly records of attendance. Upon receipt of the board's letter, the shop instructor shall forward the information immediately to the board.

(d) When the apprenticeship is terminated by the instructor, in accordance with Bar 301.05(a), the board shall write to the apprentice informing the apprentice of the termination.

(e) An apprentice who does not complete an apprenticeship may apply again, at any time, for registration as an apprentice in accordance with RSA 313-A:24 and Bar 301.01. Previously accumulated hours shall be maintained in accordance with Bar 301.03(o) or (p).

Source. #2613, eff 2-3-84; ss by #4393, eff 3-31-88; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #6046-b, eff 6-1-95; ss by #6577, eff 9-13-97; ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06, EXPIRED: 6-9-14

New. #10808, eff 4-2-15

Bar 301.06 Completion of Apprenticeship. The apprentice shall complete and file an application for licensure in accordance with Bar 301.07(b) upon completion of the apprenticeship.

Source. #5308, eff 1-16-92; ss by #6046-b, eff 6-1-95; ss by #6577, eff 9-13-97; ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06, EXPIRED: 6-9-14

New. #10808, eff 4-2-15

Bar 301.07 Barber, Cosmetologist, Esthetician, Manicurist and Master Barber Application.

(a) Upon the board's receipt of a request for an application for licensure by exam, the board or testing agency shall send the “Exam Application Form”, effective October 2017, and the “Initial Application for Licensure” form, effective October 2017, to the applicant.

(b) Each applicant applying for a barber, cosmetologist, esthetician, manicurist, or master barber exam shall supply the following on the “Initial Application for Licensure” form:

(1) The applicant’s name, address, and telephone number;

(2) The applicant’s month of birth;

(3) The type of license being requested:

a. Barber;

b. Cosmetologist;

c. Esthetician;

d. Manicurist; or

e. Master barber; and

(4) The applicant’s signature and date.

(c) In addition to the requirements in Bar 301.07(b), the applicant shall attach a copy of the applicant’s high school diploma or its equivalent.

(d) Individuals who have completed the required number of hours in accordance with Bar 301.03 in an out-of-state school approved by that state may apply for the exam. In addition to the requirements in Bar 301.07 (b) and (c) the out of state student shall provide a letter verifying school training, sent out by the applicant's state board.

(e) The letter required by (d), above, shall state or include:

(1) The name of the board or agency and the state where the apprenticeship took place;

(2) The name of the applicant;

(3) The name of the school or shop and the address where the apprenticeship was completed;

(4) Apprenticeship enrollment date;

(5) Apprenticeship completion date;

(6) The total number of apprenticeship hours completed;

(7) The date, signature and title of the person writing the letter; and

(8) The board or agency seal.

(f) The board shall approve or deny an application in accordance with Bar 301.02.

(g) The board shall approve an application and issue a temporary permit if:

(1) The applicant has completed an apprenticeship in accordance with Bar 301.03;

(2) The applicant has submitted an application in accordance with Bar 301.01(b) and (c);

(3) The application was approved in accordance with RSA 313-A:18, I; and

(4) The applicant is deemed to be of good professional character.

(h) An applicant working under a temporary permit shall have immediate access to a licensee when providing professional services on a client.

(i) The board shall provide notification to the applicant of the examination in accordance with Bar 303.02(a).

(j) The temporary permit shall expire in accordance with RSA 313-A:18, II.

(k) The board shall deny an application if:

(1) If the application is not completed in accordance with Bar 301.07(b) and (c);

(2) The applicant has not completed an apprenticeship, in accordance with Bar 301.03; or

(3) The applicant is deemed not to be of good professional character.

(l) If the board denies an application pursuant to (k), above, the board shall return the application to the applicant with all attachments and a letter. The letter shall be in accordance with Bar 301.02(g).

Source. #6577, eff 9-13-97 (from Bar 302.01); ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06; amd by #9047, eff 12-12-07; amd by #9652, eff 2-3-10; paras. (c)-(l) EXPIRED: 6-19-14; paras. (a) & (b) EXPIRED: 12-12-15; ss by #12085, INTERIM, eff 1-14-17, EXPIRES: 7-13-17; amd by #12226, eff 6-30-17; ss by #12413, eff 11-1-17

Bar 301.08 Application for A School Instructor License.

(a) Each applicant for an instructor's license shall:

(1) Be currently licensed as a barber, cosmetologist, esthetician, manicurist, or master barber; and

(2) Have completed the following:

a. At least 800 hours of instructor training in a school for master barbering and cosmetology, 700 hours of instructor training in a school for esthetics or barbering, or 550 hours of instructor training in a school for manicuring;

b. At least 12 months of actual employment in a shop and have completed 500 hours of instructor training in a school for master barbering and cosmetology, 400 hours of instructor training in a school for esthetics or barbering, or 250 hours of instructor training in a school for manicuring; or

c. At least 8 years of actual employment in a shop.

(b) In addition to the requirements in Bar 301.07(b)(1) through (4), the applicant shall submit the following:

(1) A copy of the applicant’s current cosmetology, barber, manicurist, esthetician, or master barber license;

(2) Proof of 8 years’ work experience or 12 months’ work experience in accordance with Bar 305.01 (c), in a shop licensed pursuant to RSA 313-A:19; and

(3) A copy of the hours in accordance with Bar 301.08(a)(2) as a student instructor in accordance with Bar 302.06(k), if applicable.

(c) Applicants shall pass a written and practical examination in accordance with Bar 303.03(a), and Bar 303.06, to obtain a school instructor’s license.

(d) If the applicant meets the requirements of (a) and (b) above, the applicant shall be issued a temporary permit in accordance with RSA 313-A:18.

(e) An applicant working under a temporary instructor permit shall have a licensed instructor in the same room while instructing a class.

(f) The board shall deny an application if:

(1) The applicant does not meet the requirements of (a) and (b) above; or

(2) The applicant is deemed not to be of good professional character, after considering the factors contained in Bar 301.02 (d).

(g) If the board denies an application pursuant to Bar 301.07 (k), the board shall return the application to the applicant with all attachments and a letter. The letter shall be in accordance with Bar 301.02(g).

Source. #6577, eff 9-13-97 (from Bar 302.02); amd by #7324, eff 7-26-00; ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06; amd by #9047, eff 12-12-07; paras. (c)-(g) EXPIRED: 6-9-14; ss by #10808, eff 4-2-15; ss by #11055, eff 3-18-16

Bar 301.09 Application for a Shop License.

(a) Each applicant applying for a shop license in accordance with RSA 313-A:19 shall submit an application on a form provided by the board, as specified in (b)below.

(b) The applicant shall submit the following to the board on or with the application for a shop license:

(1) The name and address of the shop, in accordance with RSA 313-A:19, I;

(2) The name and address of the shop owner, in accordance with RSA 313-A:19, I;

(3) The owner's barber, cosmetologist, esthetician, manicurist or master barber license if applicable;

(4) The name and address of the shop manager if applicable;

(5) The manager's barber, cosmetologist, esthetician, manicurist or master barber license if applicable;

(6) Signature of the shop owner and current date;

(7) Signature of the manager, if applicable, and current date; and

(8) A check, money order, or cash in the amount of $60.00.

(c) In addition to the requirements of Bar 301.09 (b) the applicant, and manager if applicable, shall complete the same information as required by Bar 301.01 (b) (5) and (b) (6).

(d) Each applicant applying for a shop license in accordance with RSA 313-A:19, II, to independently operate a booth within a shop, shall submit an application on a form supplied by the board, as specified in (e), below.

(e) The applicant shall submit the following on or with the application for a booth rental license:

(1) The name and address of shop;

(2) The same information as required by Bar 301.01 (b) (5) and (b) (6);

(3) The applicant's signature and current date; and

(4) A check, money order, or cash in the amount of $50.00.

(f) Upon receipt of a completed application in accordance with (b) or (d) above, the board shall contact the applicant by phone to set up a date and time of the inspection and requiring the booth renter, shop owner, and if applicable, manager to be present at the shop during the inspection.

(g) A prior shop owner shall not require an inspection for an initial booth rental application.

(h) If, upon inspection pursuant to Bar 404.01, the inspector finds that the shop is in compliance with RSA 313-A and Bar 404.02(a), the board shall issue a shop license.

(i) The board shall deny an application if:

(1) The applicant does not meet the requirements of (b) and (d) above;

(2) The inspector finds the shop is not in compliance with RSA 313-A or Bar 404.01(a);

(3) The applicant is deemed not to be of good professional character;

(4) There is pending discipline against the shop license, shop owner’s personal license(s), or the applicant’s shop or personal license(s); or

(5) The application contains fraudulent or deceitful information.

(j) If the board denies an application pursuant to (i), above, the board shall return the application to the applicant with all attachments and a letter. The letter shall be in accordance with Bar 301.02(g).

Source. #6577, eff 9-13-97 (from Bar 302.03); ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06; amd by #8753, eff 11-27-06; amd by #9047, eff 12-12-07; amd by #9455-B, eff 4-14-09; amd by #9652, eff 2-3-10; ss by #10412-B, eff 9-19-13; ss by #10653, eff 8-7-14; ss by #10808, eff 4-2-15

Bar 301.10 Application for a School License.

(a) Each applicant applying for a barber, cosmetology, esthetic, manicuring or master barber school license shall submit an application on a form provided by the board.

(b) The applicant shall submit the following to the board on or with the application for a school license:

(1) The name and address of the school;

(2) A detailed floor plan of the entire school showing arrangement of class rooms and placement of equipment;

(3) A list of equipment for each type of license;

(4) The school curriculum for each course;

(5) The owner's barber, cosmetologist, esthetician, manicurist or master barber instructor license number, if applicable;

(6) The name and address of the instructor, if applicable;

(7) Proof of one year of work experience as an instructor in accordance with Bar 305.01 (c)(1) through (5);

(8) Indicate the type of school such as barber, cosmetology, esthetics or manicuring;

(9) Signature of the instructor, if applicable, and current date;

(10) The signature of the school owner and the current date; and

(11) A check, money order, or cash in the amount of $150.00 for each type of school license;

(c) Upon receipt of a completed application in accordance with (b) above, the board shall contact the applicant by phone to set up a date and time of the inspection and requiring the owner to be present at the school during the inspection.

(d) If, upon inspection pursuant to Bar 404.01, the inspector finds that the school is in compliance with RSA 313-A or Bar 404.02(a), the board shall issue a school license.

(e) The board shall deny an application if:

(1) The application is not completed in accordance with (b) above;

(2) The inspector finds the school is not in compliance with RSA 313-A or Bar 404.01(a); or

(3) The applicant is deemed not to be of good professional character.

(f) If the board denies an application pursuant to (e), above, the board shall return the application to the applicant with all attachments and a letter. The letter shall be in accordance with Bar 301.02(g).

Source. #6577, eff 9-13-97 (from Bar 302.04); ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06; amd by #8753, eff 11-27-06; amd by #9047, eff 12-12-07; amd by #9652, eff 2-3-10; paragraphs. (d)-(f) EXPIRED: 6-26-14 pursuant to RSA 541-A:14-a, III; ss by #10653, eff 8-7-14

PART Bar 302 QUALIFICATIONS

Bar 302.01 School Equipment.

(a) The school shall make available to students textbooks, supplementary instructional materials, and equipment needed to fulfill course requirements.

(b) The school shall provide students and teachers with access to current reference materials that may include, but are not limited to, such formats as books, periodicals and other written matter, audio-visual equipment and materials, digital media, and online education platforms to support the educational program(s). Equipment for producing digital and paper copies of supplementary instructional materials shall be available.

(c) Classroom and demonstration areas shall be shielded from visual and auditory distractions allowing students to see and hear instruction clearly.

(d) Classrooms for theory instruction shall have sufficient tables or desks and chairs to serve all students assembled at one time.

(e) The school shall make available:

(1) Drinking water from sanitary fixtures;

(2) Lavatories with hot and cold running water maintained in sanitary condition;

(3) Fire extinguishers maintained in operable condition;

(4) First aid supplies;

(5) Emergency evacuation plans to staff and students; and

(6) Training to staff in emergency procedures.

(f) The school shall provide a clinic area used exclusively as a training facility.

(g) The clinic area shall contain the following:

(1) Sufficient stations and resources to meet the training needs of all students scheduled for clinic work at the same time;

(2) One sink with hot and cold running water for hand washing; and

(3) A sign clearly indicating that all work is performed by supervised students posted in a place easily seen by clinic patrons.

(h) Products and supplies needed for laboratory work shall be provided by the school.

(i) All advertising for clinic services shall state clearly that the work is performed by supervised students.

(j) When a school and a shop are under the same ownership or otherwise are associated, separate operation of the shop and school shall be maintained as follows:

(1) If the school and shop are located in the same building, separate entrances and visitor reception areas shall be maintained; and

(2) The school and shop shall have separate public information releases, advertisements, names, and advertising signs.

Source. #1879, eff 12-3-81; amd by #2040, eff 6-3-82; ss by #2539, eff 11-18-83; amd by #2613, eff 1-3-84; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #6046-b, eff 6-1-95; ss and moved by #6577, eff 9-13-97 (from Bar 303.01); ss by #7555, eff 9-12-01; amd by #7828, eff 2-13-03; ss by #8655, eff 6-9-06; amd by #9047, eff 12-12-07; ss by #11055, eff 3-18-16

Bar 302.02 Shop and Licensee Equipment.

(a) A barber, cosmetology, esthetics, or manicuring shop shall have equipment necessary to safely perform barber, cosmetology, esthetics, or manicuring services.

(b) All shampoo services shall be performed in a shampoo sink.

Source. #2613, eff 2-3-84; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #5772, eff 1-11-94; ss by #6046-b, eff 6-1-95; ss and moved by #6577, eff 9-13-97 (from Bar 303.02); amd by #7323, eff 7-26-00; ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06; amd by #9047, eff 12-12-07; ss by #10412-B, eff 9-19-13; ss by #13728, eff 10-20-23

Bar 302.03 Schools and Shops Square Footage.

(a) Space allocated for a cosmetology school shall be at least 1,500 square feet, and esthetic, manicuring barbering and master barber school shall be at least 1,000 square feet used exclusively for teaching of cosmetology, esthetics, barbering master barber and/or manicuring.

(b) A shop shall be at least 144 square feet including the lavatory area and reception area.

Source. #5308, eff 1-16-92; ss by #6046-b, eff 6-1-95; ss and moved by #6577, eff 9-13-97 (from Bar 303.03); ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06; amd by #9047, eff 12-12-07; para (b) EXPIRED: 6-9-14; para (a) EXPIRED: 12-12-15

New. #12085, INTERIM, eff 1-14-17, EXPIRED: 7-13-17

New. #12412, eff 11-1-17

Bar 302.04 Independently Operating Booths Equipment. A licensee wishing to obtain a shop license in accordance with RSA 313-A:19, II, to operate an independently owned booth shall apply for a license in accordance with Bar 301.09(b). The booth shall be located in a shop already licensed in accordance with RSA 313-A:19, I.

Source. #5308, eff 1-16-92; ss by #6046-b, eff 6-1-95; ss and moved by #6577, eff 9-13-97 (from Bar 303.04); ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06; ss by #10412-B, eff 9-19-13; ss by #13728, eff 10-20-23

Bar 302.05 School and Shop Additional Requirements.

(a) As used in this section, “whirlpool, foot spa, or spa” means any basin using circulating water.

(b) Upon change of ownership or relocation of a shop or school, the owner shall notify the board, in writing at least 21 days prior to new ownership or relocation. The new owner or an owner relocating his or her shop shall submit a “Shop Application” in accordance with Bar 301.09 and an inspection shall be required in accordance with Bar 404.01.

(c) The entrance to the shop or school shall be either from the outside or from a common hallway. Access to the shop or school shall not be through any living quarters.

(d) Lavatory facilities shall be publicly accessible to all students, patrons, and employees.

(e) Mechanical ventilation shall be provided by a method of supply air and return or exhaust air in all schools and shops, with a minimum exchange rate of 35 cubic feet per minute.

(f) All schools and shops shall have at least one covered container for disinfected implements.

(g) A school or shop shall have a disinfecting container.

(h) All schools and shops shall keep their floors, walls, woodwork, ceilings, furniture, furnishing, and fixtures clean.

(i) Each shop or school shall have hot and cold running water.

(j) If a school or shop ceases to do business, the licensee shall notify the board immediately.

(k) If a school or shop chooses to have an animal present in the school or shop, a sign indicating the type of animal, such as dog, cat, or bird, shall be clearly displayed and readable at the entrance to the school or shop.

(l) The entrance to the shop or school shall be clearly marked.

(m) The shop or school shall have safety data sheets (SDS) required by the Occupational Safety Health Administration (OSHA) under 29 CFR 1910.1200 (g) for products being used.

(n) If a licensee chooses to advertise, the licensee shall not advertise or solicit clients in any form of communication in a manner that is false or misleading.

(o) A licensee shall not defraud another person.

(p) After each patron, each whirlpool, foot spa, or spa shall be cleaned and disinfected as follows:

(1) All water shall be drained and all debris removed from the spa basin;

(2) The spa basin shall be disinfected by filling spa basin with water and by circulating:

a. Two tablespoons of automatic dishwashing powder and ¼ cup of 5.25% chlorine bleach to one gallon of water through the unit for 10 minutes; or

b. Surfactant or enzymatic soap with an EPA-registered disinfectant with bactericidal, fungicidal, and viricidal activity which is used according to manufacturer’s instructions through the unit for 10 minutes;

(3) The spa basin shall be drained and rinsed with clean water; and

(4) The spa basin shall be wiped dry with a clean towel.

(q) At the end of each day, each whirlpool, foot spa, or spa shall be cleaned and disinfected as follows:

(1) The screen shall be removed and all debris trapped behind the screen removed;

(2) The screen and the inlet shall be washed with surfactant or enzymatic soap or detergent and rinsed with clean water;

(3) Before replacing the screen, one of the following procedures shall be performed:

a. The screen shall be totally immersed in a chlorine bleach solution of ¼ cup of 5.25% chlorine bleach to one gallon of water for 10 minutes; or

b. The screen shall be totally immersed in an EPA-registered disinfectant with bactericidal, fungicidal, and virucidal activity, and used in accordance to the manufacturer’s instructions for 10 minutes;

(4) The inlet and area behind the screen shall be cleaned with a brush and surfactant soap and water to remove all visible debris and residue; and

(5) The spa system shall be flushed with low-sudsing surfactant or enzymatic soap and warm water for at least 10 minutes, and then rinsed and drained.

(r) Every week, after cleaning and disinfecting pursuant to (q) and (r) above each whirlpool, foot spa, or spa shall be cleaned and disinfected in the following manner:

(1) The whirlpool, foot spa, or spa basin shall be filled completely with water and ¼ cup of 5.25% bleach for each one gallon of water;

(2) The whirlpool, foot spa, or spa system shall be flushed with the bleach and water solution pursuant to (r) (3), above, for 10 minutes and allowed to sit for 6 to 10 hours; and

(3) Whirlpool, foot spa, or spa system shall be drained and flushed with water before use by a patron.

(s) Pipeless pedicure units shall be sanitized and disinfected after each use with an EPA-registered disinfectant according to manufacturers’ instructions.

(t) A record shall be made of the date and time of each cleaning and disinfecting as required by (q) and (r) above, including whether the cleaning was a daily or weekly cleaning.

(u) The record pursuant to (t) above shall be made available upon request by either a patron or inspector.

(v) The water in a vaporizer machine shall be emptied daily and the unit disinfected.

(w) Each shop or school shall comply with applicable local and state plumbing, electrical, and building codes.

(x) All needles, lancets, or other products containing potential blood borne pathogens shall be properly disposed in accordance with OSHA under 29 CFR 1910-1030.

(y) Shops required to have a manager shall notify the board immediately if the current manager leaves and assign a new manager as required by RSA 313-A:19, IV.

(z) The notification required by (y), above, shall include the manager’s requirement as follows:

(1) Complete the same information as required by Bar 301.01(b)(5) and (b)(6); and

(2) Write a signed and dated letter from the new manager indicating they will accept the manager’s position.

(aa) Prior to relocation of an independently operated booth, the booth renter shall notify the board, in writing. The booth renter relocating his or her booth shall submit a “Booth Rental Application” in accordance with Bar 301.09 (e). If the application is in compliance with Bar 301.09 (e) the board shall issue a new booth license.

(ab) A master barber or barber wanting a mobile barbershop shall be licensed in the same manner as a shop and follow all shop and licensee requirements.

(ac) A shop owner shall not change the name of a shop pending disciplinary action against the shop license or during any probationary period on the shop license.

(ad) Shop applicants with a shop located in a residence shall submit a floor plan. The floor plan shall include a detailed plan showing the entrance to the shop, location of restroom, treatment room, dispensary or equipment area, and reception area if any.

(ae) Floor plans for shops located within a residence shall not be altered after inspection and license issuance unless approved by the board.

(af) An individual requesting a new floor plan shall also file a new shop application with the floor plan, and shall be inspected pursuant to Bar 404.01.

(ag) All containers with chemicals shall be labeled, marked, or tagged with information specified by OSHA in 29 CFR 1910.1200(f)(6)(i) through (ii).

(ah) All product not in original containers shall be labeled, marked, or tagged with the product name.

(ai) All shops shall have an emergency eyewash station for use that is immediately accessible to everyone.

(aj) All employees and booth renters, if applicable, shall be notified where the eyewash station is. The eyewash station shall be clearly marked.

(ak) As used in this section, “emergency eyewash station” means either:

(1) An unexpired, FDA-compliant portable eyewash kit or station; or

(2) A plumbed-in eyewash station.

Source. #6577, eff 9-13-97 (from Bar 304.01); amd by #7323, eff 7-26-00; ss by #7555, eff 9-12-01); ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06; amd by #9455-B, eff 4-14-09; amd by #9652, eff 2-3-10; ss by #10412-B, eff 9-19-13; ss by #10653, eff 8-7-14; ss by #10808, eff 4-2-15; ss by #13205, eff 5-13-21

Bar 302.06 School Operational Requirements.

(a) Each school shall employ at least one instructor for every 20 apprentices.

(b) Each school shall provide or make accessible to each student text books and tools to meet the needs of the curriculum.

(d) A school shall keep a record of each student apprentice's attendance which includes:

(1) The name of the apprentice;

(2) The name and address of the school;

(3) The total number of hours completed during the apprenticeship;

(4) The signature of the designated time keeper; and

(5) The signature of the student apprentice.

(e) The school shall forward the record of attendance to the board within 10 business days of a graduation or termination if all the student apprentice academic and financial obligations to the school have been satisfied.

(f) Each school offering student instructor training shall send a letter to the board which includes the:

(1) Name and address of the school;

(2) Curriculum being used; and

(3) Student instructor’s name, address, and current license number.

(g) The school shall enroll only New Hampshire barber, cosmetology, esthetician, manicuring or master barber licensees into the student instructor program.

(h) Each school shall require that a student instructor take courses in at least the following:

(1) Observation theory;

(2) Teaching techniques;

(3) Motivation;

(4) Business management;

(5) Student relations;

(6) Testing and lesson planning;

(7) Student teaching-theory;

(8) Student teaching-practical; and

(9) Shop internship.

(i) Schools offering a student instructor course shall have books covering subjects listed in Bar 302.06(h).

(j) A student instructor shall be under the direct supervision of a licensed instructor at all times.

(k) Each school offering a student instructor course shall issue a certificate to the student instructor at the completion of the hours required by Bar 301.08(a) (2) a. or b. which includes the:

(1) Name of the school;

(2) Licensee names;

(3) Number of hours completed; and

(4) Signature of the owner of the school and current date.

(l) Each school shall inform the student instructor that an application for licensure in accordance with Bar 301.08, shall be completed and filed upon completion of the student instructor training program.

(m) A school instructor shall be readily accessible, in the school, to the student instructor apprentices at all times during classroom or professional service on a client. During classroom or clinic hours school instructors shall devote their time to instructing student apprentices and shall not perform any service on a paying client except during the performance of their duties as an instructor.

(n) Schools shall give a copy of their rules to each student apprentice.

(o) Every school shall have a dispensary, clinic area, classroom, and office.

(p) Each school shall display at least one permanent sign indicating the type of school such as, barber, cosmetology, esthetics, or manicuring. The sign shall clearly identify the school as an education institution.

(q) The school shall have a published mission statement including a statement that students will be prepared for a career in barbering, cosmetology, esthetics, or manicuring.

(r) The mission statement required by (q), above, shall be published in the school’s catalog.

(s) The school shall assess the achievements of its programs and students on the basis of:

(1) The pass rate on examination for schools offering full programs for licensure to practice;

(2) The rates of employment in job related industry and placement in postsecondary schools;

(3) The individual school’s program completion rates; and

(4) The comments and suggestions regularly solicited from students, graduates and employers of graduates.

(t) The school shall meet or exceed the following outcomes:

(1) A program completion rate of at least 50%;

(2) A pass rate on state licensing examination of at least 70% for schools offering full program(s); and

(3) A placement rate of eligible students in postsecondary school or industry related employment of at least 60%.

(u) The institution shall use its assessments and other appropriate information in formulating plans to maintain and improve its educational and student support services, and to modify its objectives to meet new circumstances and needs.

(v) The school shall have N. H. licensed substitute instructors who are familiar with the school's curriculum, policies and procedures available for instruction when needed.

(w) The school shall allow the instructors to have the opportunity to prepare for class, evaluate students' progress in the course, counsel students individually, and participate in activities of continuing education.

(x) School attendance policies shall:

(1) Give appropriate attendance credit for all hours attended;

(2) Not add or deduct attendance hours as a reward or penalty;

(3) Round actual attendance hours to no more than the nearest quarter hour; and

(4) Give hour credit only for hours obtained within the school curriculum or under the direct supervision of a school instructor.

(y) The school shall provide each student before enrollment with written information accurately describing:

(1) Placement rates of the school's graduates;

(2) Compensation a successful graduate can reasonably expect;

(3) The physical demands of practicing the profession;

(4) Licensing requirements for the jurisdiction in which the school is located, or for which it is preparing graduates;

(5) Completion rates for students in the school; and

(6) Pass/fail rates of school graduates on licensing examinations.

(z) The school shall provide a copy of the enrollment agreement to the student or legal guardian if the student is a dependent minor. The agreement shall give complete information on the total cost of the program.

Source. #6577, eff 9-13-97 (from Bar 304.02); amd by #7324, eff 7-26-00; ss by #7555, eff 9-12-01; ss by #8097, eff 6-11-04; ss by #8655, eff 6-9-06; amd by #9047, eff 12-12-07; amd by #9536, eff 9-2-09; paras (a)-(d), (f), (h)-(x), and (z)-(ab) EXPIRED: 6-9-14; para (g) EXPIRED: 12-12-15; ss by #12085, INTERIM, eff 1-14-17, EXPIRED: 7-13-17

New. #12413, eff 11-1-17

Bar 302.07 Licensee.

(a) Each licensee shall wash his or her hands immediately before attending to a patron.

(b) Shampoo bowls shall be sanitized and disinfected after each use.

(1) All non-electrical implements shall be sanitized and disinfected after each use on a person and shall be kept in a dry container or drawer. Combs and brushes shall not be placed in the licensee's pocket at any time;

(2) The disinfection container(s) shall remain covered at all times;

(3) All implements that have been used on a patron or soiled in any manner shall be placed in a closed container;

(4) All electrical implements which come into direct contact with a client shall be disinfected before each use;

(5) All implements and supplies which come into direct contact with a patron and cannot be disinfected such as cotton pads, emery boards, sponges, and neck strips shall be disposed of after each use in a closed container;

(6) After a towel has been used, it shall be deposited in a container and not used until laundered;

(7) Creams and other semi-solid substances shall be removed from containers with a clean spatula or similar article without allowing such implements to come in contact with the patron. Containers of cream, powder and other toilet preparations shall be covered when not in use; and

(8) Implements which come in contact with a patron shall be sanitized and disinfected after each use. If a make-up brush or neck duster is used, it shall be disinfected after each use.

(d) All licensees shall wear shoes and clothing.

(e) Each patron shall be covered with a cape. The cape shall not come in direct contact with the patron’s neck, unless laundered after each use.

(f) If the skin of the licensee or patron is punctured, the licensee shall immediately do the following:

(1) Apply antiseptic and a sterilized bandage;

(2) Make available to the patron antiseptic and a sterilized bandage if still bleeding;

(3) Under both (1) and (2) above, sanitize and disinfect the implement and appliance in use at the time of the puncture before proceeding; and

(4) Under both (1) and (2), above, put on disposable gloves.

(g) A licensee shall not:

(1) Apply methyl methacrylate (MMA) monomer on a person, or have MMA available for use in the facility;

(2) Use product in any other manner than that product’s intended use;

(3) Use a variable speed electrical nail file on the natural nail unless it has been specifically designed for use on the natural nail;

(4) Use a blade to remove any corns, callouses, or skin, or have blades available for use in the facility;

(5) Diagnose any medical condition or treat any medical condition unless referred by a physician;

(6) Provide any service within the scope of practice unless they have received training prior to performing the service;

(7) Perform services on a client if the licensee has reason to believe the client has any of the following:

a. A communicable disease;

b. A contagious condition;

c. An inflamed, infected, broken, raised or swollen skin or nail tissue; or

d. An open wound or sore in the area to be worked on that would contraindicate the efficacy of the service;

(8) Use any adulterated chemical exfoliating substances;

(9) Use carbolic acid, also known as phenol, over 2% strength;

(10) Alter a license issued by the board;

(11) Use an animal to perform any service, including, but not limited to, worms, insects, fish, amphibians, reptiles, birds, and mammals; or

(12) Use a dermaroller, dermapen, plasma pen, or any microneedling device or equipment which rolls or pulsates using needles or pins, or have microneedling devices available for use in the facility.

(h) The licensee shall:

(1) Notify the board in writing within 30 days of a name or address change by providing:

a. Old name and address;

b. Current name and address;

c. With name changes must include a copy of official documentation, such as, a marriage license, court paper, divorce decrees; and

d. Current license number;

(2) If he or she loses his or her license, alters his or her license, or works in one or more location, request a duplicate license by providing the following in writing:

a. His or her name and address;

b. The same information as required by Bar 301.01 (b) (5) and (b) (6); and

c. A check, money order, electronic payment, or cash in the amount of $15.00; and

(3) When transferring his or her license to another state, request a certificate of state licensure from the board by providing the following in writing:

a. His or her name and address;

b. Name of the state to receive the certificate of state licensure; and

c. A money order, electronic payment, or cash in the amount of $20.00.

(i) The board shall issue to the licensee the following:

(1) A duplicate license within 30 days of receipt of request if the licensee has provided the information pursuant to (h) (2), above; or

(2) A certificate of state licensure within 14 days of receipt of a request if the license has provided the information pursuant to (h) (3), above.

(j) All check(s) returned to the board shall be subject to a penalty in accordance with RSA 6:11-a.

(k) A licensee who chooses to use an electrical nail file shall have completed a certified program in the proper use of an electrical nail file in a school licensed by the board or a certified program.

(l) The licensee shall provide a copy of the certificate required by Bar 302.06(ab) above within 30 days of receiving it.

(m) After each service, the licensee shall ensure that the surface(s) of all equipment that come in direct contact with client’s skin, including manicuring tables, pedicure basin, mats, and cushions, shall be sanitized.

(n) An esthetician shall complete additional technical, hands-on training for each of the procedures or equipment in the following:

(1) Cosmetic chemical substances for exfoliation;

(2) Body therapies, including manual or mechanical lymphatic drainage massage as it relates to skin beautification;

(3) Microdermabrasion or mechanical equipment for cosmetic exfoliation;

(4) Light therapy devices;

(5) Ultrasonic devices;

(6) Microcurrent devices;

(7) FDA registered Class I and II devices; and

(8) Radiofrequency devices.

(o) The hands-on training may be obtained anywhere but shall be specific and adequate for the type of service to be performed.

(p) An esthetician shall use cosmetic exfoliating substances and equipment described in (n), above, according to the manufacturers’ directions and within the equipment’s approved scope of use pursuant to its 510k filing with the FDA.

(q) An esthetician using cosmetic exfoliating substances and equipment described in (n), above, shall have a sufficient understanding of the Fitzpatrick Scale to determine appropriate peel protocol. The esthetician shall assess the client’s skin tone and determine where the client’s skin tone falls on the scale.

(r) An esthetician shall receive training in sanitation precautions, the related theory, chemistry, safety precautions, ultraviolet light protection, contraindications, and practical application prior to performing services described in (n), above.

(s) An esthetician shall obtain a written client history of conditions related to services described in (n), above, including, but not limited to, the following:

(1) Being currently under a physicians care or treatment;

(2) Predisposition to herpes simplex virus;

(3) Current pregnancy;

(4) History of cosmetic related irritants or allergic reactions;

(5) Frequency of sun exposure or tanning bed use; and

(6) The use of topical or oral medications, or both, which increase the individuals’ susceptibility to adverse reactions such as photosensitivity.

(t) Any New Hampshire licensed cosmetologist or esthetician providing services described in (n) (1) – (8), above, prior to June 9, 2006, shall be allowed to continue such services provided they comply with (n) through (s) for estheticians.

(u) Licensees who wish to perform a service at a location other than a shop licensed in accordance with RSA 313-A:19 and the board’s administrative rules shall submit a written request to the board, which includes:

(1) The service to be provided;

(2) The date and location the service will be provided;

(3) The name of the charitable organization or individual in need;

(4) The reason for providing service at an unlicensed location;

(5) Evidence of how the licensee will provide for the health and safety of the consumer; and

(6) The signature of the licensee.

(v) The board shall approve or deny the above request within 60 days of receipt of the request.

(w) The board shall approve a request only if:

(1) The board finds that approval would not jeopardize the health and safety of the public;

(2) The board determines that the event is to benefit a charitable organization or individual in need;

(3) The board determines this is not a regular practice; and

(4) The board determines the event does not benefit the licensee.

(x) The board shall deny a request only if:

(1) The board finds the health and safety of the public is jeopardized;

(2) The board determines that the event is to benefit the licensee; or

(3) The board determines that the event is held on a regular basis.

(y) A licensee, instructor, or shop apprentice shall attach a current passport photograph to the professional or shop apprentice license upon receipt of the license.

(z) Individuals who are granted a temporary permit shall attach a current passport photograph to the temporary permit upon receipt.

(aa) Licensees, instructors, shop apprentices, and individuals with a temporary permit shall make government-issued photo identification available to the inspector at any time while working in the shop.

Source. #6577, eff 9-13-97 (formerly Bar 304.03); amd by #6670, EMERGENCY RULE, eff 1-13-98, amendment EXPIRED: 5-13-98; amd by #6849, eff 9-3-98; ss by #7555, eff 9-12-01; amd by #7828, eff 2-13-03; ss by 8655, eff 6-9-06; amd by #8753, eff 11-27-06; ss by #9314, eff 11-5-08; amd by #9455-B, eff 4-14-09; ss by #10412-B, eff 9-19-13; ss by #10808, eff 4-2-15; ss by #11055, eff 3-18-16; ss by #12226, eff 6-30-17; ss by #13205, eff 5-13-21

Bar 302.08 Shampoo Assistant.

Source. #8098, eff 6-11-04, EXPIRED: 6-11-12

PART Bar 303 EXAMINATIONS

Bar 303.01 Scheduling Examinations. Each practical and written exams shall be held in accordance with RSA 313-A:15. The exams shall be held once a month. The location of exams shall, include but not be limited to, the Courtyard Marriott& Grappone Conference Center in Concord and a school licensed by the board.

Source. #1879, eff 12-3-81; ss by #2539, eff 11-18-83; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #5544, eff 12-28-92; ss by #5772, eff 1-11-94; ss by #6046-b, eff 6-1-95; ss and moved by #6577, eff 9-13-97 (from Bar 401.02); ss by #7555, eff 9-12-01; ss by #7829, eff 2-13-03; ss by #9315, eff 11-5-08, EXPIRED: 11-5-16

New. #12085, INTERIM, eff 1-14-17, EXPIRED: 7-13-17

New. #12413, eff 11-1-17

Bar 303.02 Notification.

(a) The board through a testing agency shall notify applicants of examinations in accordance with RSA 313-A:15. The board's notification sent by the testing company shall be in writing to the applicant at least 10 days prior to the date of the examination.

(b) The notification shall:

(1) Include the date, time, and place of examination;

(2) Include a list of supplies needed; and

(3) Provide a name and telephone number for further assistance.

Source. #1879, eff 12-3-81; amd by #2040, eff 6-3-82; ss by #2539, eff 11-18-83; amd by #2613, eff 2-3-84; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #5544, eff 12-28-92; ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss and moved by #6577, eff 9-13-97 (from Bar 401.02); ss by #7555, eff 9-12-01; ss by #9315, eff 11-5-08, EXPIRED: 11-5-16

New. #12085, INTERIM, eff 1-14-17, EXPIRED: 7-13-17

New. #12413, eff 11-1-17

Bar 303.03 Written Examination Criteria.

(a) Written exams shall be the national tests developed by the National Interstate Council and the board.

(b) The written exams for barber, master barber, esthetics, manicuring, cosmetology, and instructor shall consist of 100 multiple choice questions for each respective profession.

Source. #5308, eff 1-16-92; ss by #5544, eff 12-28-92; ss by #5772, eff 1-11-94; ss by #6046-b, eff 6-1-95; ss and moved by #6577, eff 9-13-97 (from Bar 402.01); ss by #7555, eff 9-12-01; amd by #9047, eff 12-12-07; ss by #9315, eff 11-5-08; ss by #11096, eff 5-16-16

Bar 303.04 Written Examination Administration.

(a) National written examinations shall be administered by a professional testing company’s trained and certified representatives known as proctors or examiners or the board.

(b) To become a proctor or examiner the licensee shall provide the board with the following:

(1) Proof of 5 years' work experience in accordance with Bar 211.01(d)(1) through (5);

(2) A copy of current cosmetology, barber, master barber, manicurist, or esthetician license; and

(3) A letter stating the licensee would like to become a proctor/examiner.

(c) Once the board receives the above information, it shall put the licensee's name on a list for the next available training seminar.

(d) The training seminar shall include the following:

(1) Training in administration procedures of the written and practical examination;

(2) An overview of the practical exam;

(3) Training on how to reduce candidate test anxiety;

(4) A discussion of the different types of rater error that decrease the reliability of practical examinations; and

(5) Step-by-step scoring review.

(e) The passing grade shall be 75% for each portion of the written examination in accordance with Bar 303.03(a) and (b) for a barber, cosmetologist, esthetician, manicurist and instructor.

(f) No person, other than the person administering the exam, shall remove the written examination material from the examination area.

Source. #5308, eff 1-16-92; ss by #5544, eff 12-28-92; ss by #6046-b, eff 6-1-95; ss and moved by #6577, eff 9-13-97 (from Bar 402.02); ss by #7555, eff 9-12-01; amd by #9047, eff 12-12-07; ss by #9315, eff 11-5-08; amd by #9652, eff 2-3-10; ss by #11096, eff 5-16-16

Bar 303.05 Oral Examination.

(a) An oral exam shall be given, in English only, in place of the written examination, if the applicant requests in writing an oral exam from the testing agency or the board.

(b) The written request required by (a), above, shall include:

(1) The name of applicant;

(2) His/her signature; and

(3) Current date.

Source. #6577, eff 9-13-97 (from Bar 402.03); ss by #7555, eff 9-12-01; ss by #9315, eff 11-5-08, EXPIRED: 11-5-16

New. #12085, INTERIM, eff 1-14-17, EXPIRED: 7-13-17

New. #12413, eff 11-1-17

Bar 303.06 Practical Examination Administration.

(a) A practical examination shall be administered in English only and given by trained and certified representatives from the testing agency and the board proctors/examiners as described in Bar 303.04, or the board.

(b) The passing grade shall be 75 percent for a barber, master barber, cosmetologist, esthetician, manicurist, and instructor on the practical examination.

(c) A practical examination shall be given by trained and certified representatives from the testing agency and the board proctors/examiners as described in Bar 303.04.

(d) The applicant shall bring a mannequin as a model, on whom he/she shall demonstrate all tasks. The applicant shall also bring necessary supplies, implements, and appliances. No supplies, implements, or appliances shall be provided to an applicant by the board or other applicants.

Source. #6577, eff 9-13-97 (from Bar 403.01); ss by #7555, eff 9-12-01; amd by #7829, eff 2-13-03; amd by #9047, eff 12-12-07; ss by #9315, eff 11-5-08; amd by #9652, eff 2-3-10; paras (b)-(d) EXPIRED: 11-5-16; ss by #12085, INTERIM, eff 1-14-17, EXPIRED: 7-13-17

New. #12413, eff 11-1-17

Bar 303.07 Practical Exam Criteria.

(a) Practical exams shall be the national tests developed by the National Interstate Council to ensure the applicant conforms to the minimal skills taught.

(b) Practical examinations shall be as follows:

(1) The master barber test shall consist of:

a. Regular tapered haircutting;

b. Hair lightening;

c. Hair coloring;

d. Shaving with a straight razor;

e. Chemical relaxing;

f. Chemical waving;

g. Facial; and

h. Work area and client preparation;

(2) The cosmetologist test shall consist of:

a. Chemical waving;

b. Hair shaping;

c. Hair coloring;

d. Hair lightening;

e. Chemical hair relaxing;

f. Thermal curling;

g. Manicuring;

h. Facials; and

i. Work area and client preparation;

(3) The esthetician test shall consist of:

a. Facial massaging;

b. Facial masks;

c. Hair removal of the eyebrows;

d. Makeup;

e. Cleansing the face;

f. Steaming and exfoliating the face; and

g. Work area and client preparation;

(4) The manicurist test shall consist of a:

a. Basic manicure and polish application;

b. Sculptured nail;

c. Nail tip;

d. Nail wrap; and

e. Work area and client preparation;

(5) The instructor test shall consist of a:

a. Theory lesson plan;

b. Theory lecture;

c. Practical demonstration; and

d. Demonstration lesson plan; and

(6) The barber test shall consist of a:

a. Regular tapered haircutting;

b. Shaving with a straight razor;

c. Work area and client preparation; and

d. Facial.

Source. #6577, eff 9-13-97 (from Bar 403.02); ss by #7555, eff 9-12-01; ss by #7829, eff 2-13-03; amd by #9047, eff 12-12-07; ss by #9315, eff 11-5-08, EXPIRED: 11-5-16

New. #12085, INTERIM, eff 1-14-17, EXPIRED: 7-13-16

New. #12413, eff 11-1-17

Bar 303.08 Failure to Appear.

(a) If an applicant fails without just cause, such as medical emergency, death in the family, or automobile accident, to take the examination they were scheduled for, the temporary permit shall terminate as required by RSA 313-A:18.

(b) Upon the expiration of a permit the applicant shall not work in that profession. The applicant shall return the temporary permit to the board and reapply in accordance with Bar 301.07(b), if he or she still wishes to be licensed.

Source. #6577, eff 9-13-97 (from Bar 404.01); ss by #7555, eff 9-12-01; ss by #9315, eff 11-5-08; ss by #9997-B, eff 9-16-11; ss by #12619, eff 9-13-18

Bar 303.09 Failure of Exam.

(a) If an applicant fails the written examination, they shall retake the portion of the written exam failed. If an applicant fails, the practical exam they shall retake the entire practical exam.

(b) If an applicant fails the examination, they shall pay the applicable fee(s) to retake the exam, if they still wish to become licensed.

Source. #6577, eff 9-13-97 (from Bar 404.02); ss by #7555, eff 9-12-01; amd by #7829, eff 2-13-03; amd by #8753, eff 11-27-06; amd by #9047, eff 12-12-07; ss by #9315, eff 11-5-08; ss by #10412-B, eff 9-19-13; ss by #13728, eff 10-20-23

Bar 303.10 Passing the Exam.

(a) When an applicant passes both the practical and written examinations he or she shall pay the licensure fee in the amount of $30.00 to the board. Once the board has received the fee a barber, cosmetology, esthetician, manicurist, master barber, or instructor license shall be issued by the board.

(b) When an instructor passes both the practical and written examinations in another licensure category he or she shall pay the licensure fee in the amount of $60.00. Once the board has received the fee an instructor license for a barber, cosmetology, esthetician, manicurist, or master barber shall be issued by the board.

Source. #6577, eff 9-13-97 (from Bar 404.03); ss by #7555, eff 9-12-01; ss by #8753, eff 11-27-06; ss by #9315, eff 11-5-08; ss by #9652, eff 2-3-10; ss by #12619, eff 9-13-18

PART Bar 304 INDIVIDUALS LICENSED IN ANOTHER STATE

Bar 304.01 Individuals Licensed In Another State Application.

(a) The board shall license any applicant who is similarly licensed in another state pursuant to RSA 313-A:14.

(b) Upon the board's receipt of a request from an individual licensed in another state, the board shall send to the requestor an “Individuals Licensed in Another State Form” application, revised May 2017.

(1) The applicant’s name, address, and telephone number;

(2) The applicant’s month of birth;

(3) The type and state of current license;

(4) Name and address of the school or shop in which the licensee was an apprentice;

(5) Apprentice enrollment date;

(6) Apprentice completion date;

(7) Total apprenticeship hours completed; and

(8) His or her signature and current date.

(d) In order to verify licensure, each applicant shall request the state board in which the current license is held to complete a certificate of state licensure.

(e) The certificate of state licensure shall include the following:

(1) The state of licensure and the name of the board or agency that issued the license;

(2) The name of the applicant;

(3) The name and address of the school or shop where the apprenticeship was completed;

(4) The applicant’s enrollment and completion date;

(5) The total number of hours completed;

(6) The year first license was issued;

(7) The expiration date of last held license;

(8) The exam date(s), language exam taken in, and scores;

(9) The signature, current date, and title of the person filling out the certificate of state licensure; and

(10) The state seal, if applicable.

(f) In addition to the requirements in Bar 304.01(c) and (d), the applicant shall submit the following information to the board with the application form:

(1) A copy of a high school diploma or equivalent certificate;

(2) A money order, electronic payment, or cash in the amount of $100.00; and

(3) A copy of a transcript of training including total number of hours.

(g) If the applicant for a barber, cosmetology, esthetics, manicuring, or master barber license does not have the required hours in accordance with Bar 301.03, but still wishes to become licensed, the applicant shall provide proof of work experience in accordance with Bar 305.01 (c).

(h) Individuals licensed in another state who wish to provide work experience shall provide the number of hours worked on the letter pursuant to Bar 305.01 (c). The minimum number of hours worked shall be 3,000 for master barbers and cosmetologists, 1,600 for a barber, 1200 for an esthetician, and 600 for a manicurist.

Source. #1879, eff 12-3-81; ss by #2539, eff 11-18-83; ss by #2613, eff 2-3-84; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #5544, eff 12-28-92; ss by #5772, eff 1-11-94; ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss and moved by #6577, eff 9-13-97 (formerly Bar 601.01); ss by #7555, eff 9-12-01; amd by #7828, eff 2-13-03; ss by #8655, eff 6-9-06; amd by #8753, eff 11-27-06; amd by #9047, eff 12-12-07; ss by #9652, eff 2-3-10; ss by #11055, eff 3-18-16; ss by #12226, eff 6-30-17

Bar 304.02 Approving and Denying an Application From an Individual Who is Licensed in Another State.

(a) The board shall approve or deny the application in accordance with Bar 301.02.

(b) The board shall approve an application if:

(1) The applicant meets the requirements of Bar 304.01(a);

(2) The application is completed in accordance with Bar 304.01 (c);

(3) The applicant submits all items required in accordance with Bar 304.01(d) through (f);

(4) The date required by 304.01 (f) (10) on certificate of state licensure is no more than 60 days since issuance; and

(5) The applicant is deemed to be of good professional character.

(1) Does not meet the minimum requirements of Bar 304.01(a);

(2) Does not complete the application in accordance with Bar 304.01(c);

(3) Did not submit all items in accordance with Bar 304.01 (d) through (f); or

(4) Is deemed not to be of good professional character, in accordance with the factors in Bar 301.02 (d).

(d) If the board denies an applicant pursuant to (e), above, the board shall return the application and with all attachments and a letter in accordance with Bar 301.02(g).

(e) Once the applicant files the form for individuals licensed in another state, no refund shall be issued if the applicant does not complete the process.

Source. #5308, eff 1-16-92; ss by #5772, eff 1-11-94; ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss and moved by #6577, eff 9-13-97 (formerly Bar 601.02); ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06, EXPIRED: 6-9-14

New. #10808, eff 4-2-15; ss by #11096, eff 5-16-16

PART Bar 305 APPLICANTS APPLYING FOR AN EXEMPTION

Bar 305.01 Applicants Applying for an Exemption.

(a) The board shall grant exemptions, pursuant to RSA 313-A:10, II and RSA 313-A:11, II to the individual who:

(1) Registered as an apprentice before July 1, 1989;

(2) Is at least 21 years of age and who does not meet the educational requirements of RSA 313-A:10, I(b) or RSA 313-A:11, I(b) or who cannot document completion of such educational requirements;

(3) Does not meet the 1,500 hours in a school or 3,000 hours under a licensee in accordance with RSA 313-A:10, I(c)(1) or (2) and RSA 313-A:11, I(1) or (2); or

(4) Does not meet the 2 years' working experience within the state in accordance with RSA 313-A:10, I(c)(2) and RSA 313-A:11(c)(2).

(b) Requests for exemption shall include a specific reference to RSA 313-A pursuant to Bar 305.01(a) for which an exemption is requested.

(c) The individual requesting an exemption under Bar 305.01(a)(2) shall provide proof of employment in a letter, which includes:

(1) The place of employment and its name & address;

(2) The months and years worked there;

(3) The owner's or manager's name and telephone number;

(4) The owner's or manager's signature and current date; and

(5) The applicant’s signature and current date.

(d) In addition to Bar 305.01(b) the individual requesting an exemption under Bar 305.01(a)(3) shall provide proof of the following:

(1) A current master barber or cosmetology license;

(2) At least 300 hours of training in the alternate profession that was obtained in a licensed school, or 4 months in a shop apprenticeship program; or

(3) Proof of 8 years' work experience.

(e) Proof of personal licensure, school hours, shop apprenticeship program, and work experience shall be as follows:

(1) A copy of current master barber or cosmetology license;

(2) Proof of 300 hours in accordance with Bar 301.03(b)(1) through (4), or have been enrolled in the shop apprenticeship program, if applicable; or

(3) Proof of 8 years' work experience in accordance with Bar 305.01(c)(1) through (5) in a shop licensed pursuant to RSA 313-A:17, if applicable.

(f) The board shall approve or deny an exemption within 60 days of receipt of the request. If the applicant is in accordance with Bar 305.01(a) through (e) an exemption shall be approved.

(g) When an exemption is approved under Bar 305.01(a)(3) the licensee shall immediately complete and file an application for licensure in accordance with Bar 301.07(b) and (c) along with 2 passport photos.

(h) The board shall approve or deny an application in accordance with Bar 301.02(a).

Source. #7951-B, eff 9-10-03 (formerly Bar 211.01); ss by #9997-B, eff 9-16-11; ss by #12619, eff 9-13-18

CHAPTER Bar 400 RENEWALS, CONTINUING EDUCATION, INSPECTIONS AND FORMS

PART Bar 401 RENEWALS

Bar 401.01 Renewal Forms.

(a) The board shall send a renewal notice to each licensee at least 60 days prior to the expiration date of the licensee’s license.

(b) Each licensee wishing to renew their license or apprentice registration shall complete and file with the board as applicable, one of the following renewal forms prior to the expiration date of a license or apprentice registration:

(1) For apprentices, the “Shop Apprentice Renewal Form”, revised July 2018;

(2) For tanning facilities, the “Application to Renew a Tanning Facility” form, revised July 2018;

(3) For barbers, cosmetologists, manicurists, or estheticians, the “Renewal of Personal License Form”, revised July 2018;

(4) For booth rentals, the “Renewal Application for Two-Year Booth Rental License” form, revised July 2018;

(5) For shops, the “Renewal Application for Two-Year Shop License” form, revised July 2018; and

(6) For barber, cosmetologist, esthetician, and manicurist schools, the “Renewal Application for Two-Year School License” form, revised July 2018.

(c) The licensee shall submit the following fee in the form of a check, money order, electronic payment, or cash, to the board with the appropriate renewal form listed in (b)(1)-(5) above:

(1) In the amount of $150.00 for each barber, cosmetologist, esthetician, and manicurist school;

(2) In the amount of $100.00 for each shop;

(3) In the amount of $40.00 for a barber, master barber, cosmetologist, esthetician, and manicurist;

(4) In the amount of $45.00 for a late barber, master barber, cosmetologist, esthetician or manicurist renewal if within 6 months of expiration;

(5) In the amount of $100.00 for a late barber, master barber, cosmetologist, esthetician or manicurist renewal after 6 months of expiration but within 5 years;

(6) In the amount of $55.00 for an inactive or active shop or school instructor;

(7) In the amount of $30.00 for a shop apprentice; and

(8) In the amount of $75.00 for an independent booth renter.

(d) The licensee shall include the following on each registration or license renewal form submitted pursuant to Bar 401.01(b)(1)-(5):

(1) The name and address of the licensee or registration;

(2) The current license or registration number;

(3) The appropriate type of license or registration:

a. Barber;

b. Cosmetology;

c. Esthetic;

d. Manicuring;

e. Apprentice;

f. Instructor;

g. Master barber; or

h. Shop; and

(4) The same information as required by Bar 301.01 (b) (5) and (b) (6).

(e) In addition to complying with Bar 401.01(b) and (c), persons completing shop, school, shop instructor, and apprentice registration renewal forms shall include the name of the school or shop.

(f) In addition to complying with the requirements of Bar 401.01(b), (c), and (d), shop instructor license renewal forms shall include the name of the apprentice.

(g) If a shop license has expired, the licensee shall pay the renewal fee plus the late fee of $55.00.

(h) If an independent booth renter license has expired, the licensee shall pay the renewal fee plus the late fee of $55.00.

Source. #1879, eff 12-3-81; ss by #2539, eff 11-18-83; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; amd by #5425, eff 6-24-92; ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss and moved by #6577, eff 9-13-97 (formerly Bar 602.01); amd by #7324, eff 7-26-00; ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06; amd by #8753, eff 11-27-06; amd by #9047, eff 12-12-07; ss by #9345, eff 12-10-08; amd by #9455-B, eff 4-14-09; amd by #9652, eff 2-3-10; ss by #10412-B, eff 9-19-13; ss by #11055, eff 3-18-16; ss by #12619, eff 9-13-18

Bar 401.02 Procedure for Approving or Denying a Renewal Form.

(a) The board shall apply the same standards as required by Bar 301.02 for approval or denial of the renewal form.

(b) The board shall approve a renewal form and issue a license or apprentice registration if the form is completed in accordance with Bar 401.01 and the licensee or apprentice is deemed to be of good professional character in accordance with the factors in Bar 301.02 (d).

(c) If the renewal form is not completed in accordance with Bar 401.01, the board shall deny the renewal and return it with all attachments and a letter. The letter shall be in accordance with Bar 301.02 (g).

(d) If a license expires pursuant to RSA 313-A:20, the licensee shall not operate a shop or school, or conduct barbering, cosmetology, esthetics, or manicuring, until the licensee reapplies in accordance with Bar 401.01, pays the fee in accordance RSA 313-A:20, and obtains a license from the board.

PART Bar 402 DISCIPLINARY MATTERS

REVISION NOTE:

Document #14537, effective 4-24-26, repealed all of previous Part Bar 402 and adopted new text.

Bar 402.01 Commencement of Adjudicative Proceedings. Except for emergency proceedings initiated as provided in Plc 206.07, adjudicative proceedings shall proceed in accordance with Plc 206.06.

Source. #14537, eff 4-24-26

Bar 402.02 Misconduct. Actions constituting misconduct shall be those specified in RSA 313-A:22, II, RSA 313-A:19, III, and RSA 310:12, I.

Source. #14537, eff 4-24-26

Bar 402.03 Sanctions. Upon an affirmative finding that a licensee has committed professional misconduct, the board shall take disciplinary action as specified by RSA 310:12, I-a.

Source. #14537, eff 4-24-26

Bar 402.04 Procedure, Method, and Standards for Imposing Sanctions. Other than immediate license suspension authorized by RSA 310:12, IV, the board shall impose disciplinary sanctions pursuant to Plc 311.09 through Plc 311.11.

Source. #14537, eff 4-24-26

Bar 402.05 Reciprocal Discipline.

(a) Plc 311.14 shall govern when the board receives notice that a licensee has been subjected to disciplinary action related to professional conduct by the regulatory authority in another jurisdiction.

(b) All adjudicative proceedings and any disciplinary sanctions imposed based upon discipline in another jurisdiction shall be conducted and determined in accordance with Plc 311.14.

Source. #14537, eff 4-24-26

PART Bar 403 SCHOOL INSTRUCTORS CONTINUING EDUCATION FOR ACTIVE LICENSE - RESERVED

Bar 403.01 Continuing Education. Repealed

Source. #5308, eff 1-16-92; amd by #5425, eff 6-24-92; ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss and moved by #6577, eff 9-13-97 (formerly Bar 701.01); ss by #7555, eff 9-12-01; ss by #9345, eff 12-10-08; rpld by #11096, eff 5-16-16

Bar 403.02 Inactive Instructor Requirements. Repealed

Source. #5308, eff 1-16-92; ss by #5425, eff 6-24-92; ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss and moved by #6577, eff 9-13-97 (formerly Bar 702.01); ss by #7555, eff 9-12-01; ss by #9345, eff 12-10-08; ss by #11055, eff 3-18-16; rpld by #11096, eff 5-16-16

PART Bar 404 INSPECTIONS AND FORMS

Bar 404.01 Inspections.

(a) Inspections shall be made in accordance with RSA 313-A:21, upon initial application for a independent operating booth, school, or shop license, upon the relocation of shop or school, whenever necessary to investigate a complaint against a licensee, and to follow up on violations previously documented.

(b) All schools and shops shall be inspected for compliance with these rules and RSA 313-A.

(d) Inspections shall be documented by an inspector on an inspection report which includes the following:

(1) The owner's name, establishment name, location and type, such as school, shop, or independent operating booth;

(2) Whether the licensee has complied with the requirements for containers and disinfection containers pursuant to Bar 302.05(f) and (g);

(3) Whether the licensee has complied with the requirements of the entrance pursuant to Bar 302.05(c);

(4) Whether the licensee has complied with the requirements for lavatory facilities pursuant to Bar 302.05(d);

(5) Whether the licensee has complied with the requirements for ventilation pursuant to Bar 302.05(e);

(6) Whether the licensee has complied with the requirements for signs pursuant to Bar 302.01(g)(3) and (j)(2), Bar 302.05, (k) and (l), and Bar 302.06(p);

(7) Whether the licensee has complied with the requirements for floors pursuant to Bar 302.05(h);

(8) Whether the licensee has complied with the requirements for water supply pursuant to Bar 302.05(i);

(9) Whether the licensee has complied with the requirements of proper disinfection pursuant to Bar 302.05(q) – (w) and (y) and Bar 302.07(a)-(f) and (m);

(10) Whether the licensee has complied with the requirements for square footage pursuant to Bar 302.03, and Bar 302.04;

(11) Whether the licensee has the appropriate current licenses;

(12) Whether the licensee has complied with the requirements for Bar 302.05 (m)-(o); and

(13) Whether the licensee has complied with the requirements for Bar 302.07 (g)-(i) and Bar 302.07 (k) and (n)-(s).

(e) Inspection reports for all schools shall also include the items required by Bar 302.06(a)- (ab).

(f) Inspection reports for schools instructing barber apprentices shall also include the items required by Bar 302.01(a).

(g) Inspection reports for schools instructing cosmetology apprentices shall also include the items required by Bar 302.01(b).

(h) Inspection reports for school instructing esthetic apprentices shall include the items required by Bar 302.01(c).

(i) Inspection reports for school instructing manicuring apprentices shall also include the items required by Bar 302.01(d).

(j) Inspection reports for cosmetology school instructing esthetic apprentices shall also include the items required by Bar 302.01(e).

(k) Inspection reports for shops with an apprentice shall also include the items required by Bar 301.04(a) and (c)-(p) and Bar 301.05(a)-(c).

(l) Inspection reports for shops operating as independent operating booths shall also include the items required by Bar 302.04.

(m) The inspection report shall be completed, dated, and signed by the inspector before leaving the premises. Each shop or school owner, manager, or licensee shall also sign the inspection report, to indicate receipt, and shall be given a copy of the report before the inspector leaves the premises.

(n) The licensee shall post the most recent inspection report in a conspicuous and unobstructed place in the shop or school following the inspection.

(o) Violation(s) shall be rectified within 7 working days unless a request for a waiver in accordance with Bar 216 is submitted to the board’s office within 3 days.

(p) Failure to rectify or obtain a waiver in accordance with Bar 216 shall result in disciplinary action by the board in accordance with RSA 313-A:23, Bar 206, and Bar 208.

Source. #1879, eff 12-3-81; ss by #2539, eff 11-18-83; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #5425, eff 6-24-92; ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss and moved by #6577, eff 9-13-97 (formerly Bar 501.01); ss by #7323, eff 7-26-00; ss by #7555, eff 9-12-01; ss by #9345, eff 12-10-08; amd by #9652, eff 2-3-10; ss by #9964, eff 7-28-11; ss by #10412-B, eff 9-19-13; ss by #13728, eff 10-20-23

Bar 404.02 Initial License Inspection Passage. A school or shop initial license, including initial licenses required due to relocation, shall be issued upon compliance with Bar 404.01 and completion of an inspection showing compliance with all applicable items on the inspection report.

Source. #5308, eff 1-16-92; ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss and moved by #6577, eff 9-13-97 (formerly Bar 501.02); ss by #7323, eff 7-26-00; ss by #7555, eff 9-12-01; ss by #9345, eff 12-10-08; ss by #12226, eff 6-30-17

Bar 404.03 Initial License Inspection Failure.

(a) When the inspection report for initial licensure for a school or shop shows any deficiencies a license shall not be issued until a follow-up inspection is held which reveals that the license has rectified all deficiencies.

(b) Revocation and suspension shall be accomplished in accordance with RSA 313-A:23 and Bar 206 and Bar 208.

Source. #5308, eff 1-16-92; ss by #5425, eff 6-24-92; ss by #6230, eff 4-26-96; ss and moved by #6577, eff 9-13-97 (formerly Bar 501.03); ss by #7323, eff 7-26-00; ss by #7555, eff 9-12-01; ss by #9345, eff 12-10-08; ss by #12226, eff 6-30-17

Bar 404.04 Who May be Fined.

(a) Fines shall be imposed upon any licensee who violated the provisions of RSA 313-A. Fines pursuant to Bar 404 shall be imposed for each offense upon the licensee who violates the provision of RSA 313-A or the administrative rules of the board. Fines shall be assessed to the shop owner where the violations occur.

(b) Administrative fines shall be determined by the number of points the licensee has accumulated during that inspection. Points shall be issued as outlined in Bar 404.08, 404.09 and 404.10.

Source. #6577, eff 9-13-97 (formerly Bar 503.01); ss by #7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08, ss by #9345, eff 12-10-08; ss by #10808, eff 4-2-15; ss by #13205, eff 5-13-21

Bar 404.05 Notice.

(a) Upon completion of an inspection, the board shall notify any licensee the board is considering imposing a fine upon with an inspection report described in Bar 404.01, which states the following information:

(1) The proposed amount of the fine according to Part Bar 404.08 and Bar 404.09; and

(2) The person’s right to a hearing before the board prior to final determination of a fine.

(b) The notice shall state that the person shall have the following options upon receipt of the notice:

(1) To waive the right to a hearing and pay the proposed fine immediately;

(2) To request a pre-hearing conference in accordance with Bar 404.06; or

(3) To request in writing a hearing in accordance with Bar 404.07.

Source. #6577, eff 9-13-97 (formerly Bar 503.02); ss by #7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08; ss by #9345, eff 12-10-08; ss by #10808, eff 4-2-15; ss by #13205, eff 5-13-21

Bar 404.06 Pre-Hearing Conference. Prior to a hearing, the person the board is considering imposing a fine upon may request a meeting with a member of the board’s staff to discuss the matter. If a meeting is requested, it shall be the responsibility of the person the board is considering imposing a fine upon to contact the board office to schedule a mutually convenient appointment with the appropriate staff member.

Source. #6577, eff 9-13-97 (formerly Bar 503.03); ss by #7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08; ss by #9345, eff 12-10-08; ss by #10808, eff 4-2-15; ss by #12226, eff 6-30-17

Bar 404.07 Scheduling Hearing. If the board has not received a written response within 20 days from the date the licensee signed for the notice, the proposed fine shall become final.

Source. #6577, eff 9-13-97 (formerly Bar 503.04); ss by #7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08; ss by #9345, eff 12-10-08; ss by #10808, eff 4-2-15

Bar 404.08 Violation Points for a School.

(a) For each violation of the following, 6 points shall be issued:

(1) Does not have the containers pursuant to Bar 302.05(f);

(2) If school closes and the licensee did not notify the board pursuant to Bar 302.05(j);

(3) If the equipment qualifications described in Bar 302.01(a)-(j) are not met;

(4) If the required provisions described in Bar 302.03 are not met;

(5) If the licensees did not comply with Bar 302.07(a)-(e).

(b) For each violation of the following, 10 points shall be issued:

(1) Failure to keep floors, walls, woodwork, ceilings, furniture, furnishing, and fixtures clean pursuant to Bar 302.05(h);

(2) If lavatory facilities are not publicly accessible to all patrons and employees pursuant to Bar 302.05(d);

(3) If the sign was not provided pursuant to Bar 302.05(k);

(4) Mechanical ventilation is not available and or not being used pursuant to Bar 302.05(e);

(5) Hot and cold running water are not provided pursuant to Bar 302.05(i);

(6) Lab coat or uniform is not being worn pursuant to Bar 302.06(c);

(7) If the school did not display one permanent sign pursuant to Bar 302.06(p);

(8) If the school does not have a dispensary, clinic area, classroom, and office pursuant to Bar 302.06(o);

(9) An apprentice kit was not provided pursuant to Bar 302.06(b); and

(10) If the school rules were not provided to student pursuant to Bar 302.06(n).

(1) If there was not a proper number of instructors pursuant to Bar 302.06(a);

(2) The school instructor is not readily accessible pursuant to Bar 302.06(m);

(3) The apprentice was not properly supervised;

(4) Licenses and inspection report was not displayed as required;

(5) Working with an expired license;

(6) Apprentice graduation and termination notification was not sent pursuant to Bar 302.06(e);

(7) Operating a business without the appropriate license;

(8) Employing a person without the appropriate license;

(9) Did not have or use sanitation and disinfection procedures as defined in Bar 101;

(10) Failure to track and record the apprentice’s progression in an online education course;

(11) Allowing more than 25% of the course to be done through online education; and

(12) Failure to administer a test at the mid-point and at the end of each online education course in person at the school.

(d) 100 points shall be issued for allowing practical or clinical instruction through online education.

Source. #6577, eff 9-13-97 (formerly Bar 504.01); ss by #7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08; ss by #9345, eff 12-10-08; ss by #10144, eff 6-7-12; ss by #10412-B, eff 9-19-13; ss by #13018, EMERGENCY RULE, eff 4-7-20, EXPIRED: 10-4-20; ss by #13728, eff 10-20-23

Bar 404.09 Violation Points for a Shop and/or Licensee.

(a) For each violation of the following, 3 points shall be issued:

(1) Did not have the containers pursuant to Bar 302.05(f);

(2) Failure to keep floors, walls, woodwork, ceilings, furniture, furnishing, and fixtures cleaned pursuant to Bar 302.05(h);

(3) If a shop closes and the licensee did not notify the board pursuant to Bar 302.05(j);

(4) If the licensee did not comply with Bar 302.07 (a)-(e); and

(5) If lavatory facilities are not publicly accessible to all patrons and employees pursuant to Bar 302.05(d).

(b) For each violation of the following, 5 points shall be issued:

(1) If a sign was not provided pursuant to Bar 302.05(k);

(2) Mechanical ventilation not obtained or used pursuant to Bar 302.05(e); and

(3) Hot and cold running water are not provided pursuant to Bar 302.05 (i).

(1) Apprentice was not properly supervised;

(2) Inspection report was not displayed as required;

(3) Shop instructor did not comply with the requirements of Bar 301.04(d), (e), (f), (g), (h), (k) and (l);

(4) Apprentice was not wearing a name tag pursuant to Bar 301.04(i);

(5) Apprentice termination notification was not sent pursuant to Bar 301.05(a);

(6) If licensee did not comply with Bar 302.07(h), (k), (l), (m); and

(7) Vaporizer machine not maintained pursuant to Bar 302.05 (v).

(d) For each violation, 50 points shall be issued for unprofessional conduct or if the licensee refuses to sign the inspection report as described in Bar 404.01 (e).

(e) Unprofessional conduct shall include, but not be limited to:

(1) Yelling, swearing, or using profanity at the inspector;

(2) Throwing items at the inspector;

(3) Verbally threatening the inspector; and

(4) Grabbing, pulling or pushing the inspector.

(f) For each violation, 50 points shall be issued if a licensee, instructor, shop apprentice, or individual with a temporary permit fails to attach a passport photograph to their license or fails to display the license as required.

(g) For each violation, 50 points shall be issued if a licensee, instructor, shop apprentice, or an individual with a temporary permit fails to provide the inspector with government issued photo identification.

(h) For each violation, 100 points shall be issued if the shop did not meet the requirements of Bar 302.05 (m), (q) through (s), and (x), and Bar 302.07(n)-(s).

(i) For each violation, 250 points shall be issued if a licensee did not comply with the procedures described in Bar 302.07(f) or if the licensee did not have or use an EPA-registered disinfectant to disinfect implements as defined in Bar 101.11.

(j) For each violation, 50 points for the first offense, 250 points for the second offense, and 500 points for the third offense shall be issued for having an individual provide services with an expired New Hampshire license or work permit.

(k) For each violation, 50 points for the first offense, 250 points for the second offense, and 500 points for the third offense shall be issued for operating a business without the appropriate license.

(l) For each violation, 500 points shall be issued for having an individual provide services without holding a New Hampshire license described by RSA 313-A.

(m) For each violation, 400 points for the first offense, and 500 points for the second offense for a shop owner and licensee for violation of Bar 302.07(g) (1)-(12).

(n) For offenses committed over multiple days, each day shall constitute a separate offense. After the third day the third offense points shall be issued for each day thereafter.

Source. #6577, eff 9-13-97 (formerly Bar 504.02); ss by #7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08; ss by #9345, eff 12-10-08; ss by #10808, eff 4-2-15; ss by #11055, eff 3-18-16; ss by #12619, eff 9-13-18

Bar 404.10 Administrative Fine Assessment for a School and Shop. Except as provided by Bar 404.12, administrative fines shall be assessed as follows:

(a) For 25 or more points, the fine shall be one dollar for each point; and

(b) For failure to comply with an order of the board, the fine imposed shall be $500.

Source. #6577, eff 9-13-97 (formerly Bar 504.03); ss by #7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08; ss by #9345, eff 12-10-08; ss by #12226, eff 6-30-17

Bar 404.11 Administrative Fine Adjustments.

(a) Following a hearing, the board shall increase the amount of a fine provided for in Bar 404.10 when one or more of the following aggravating factors are reflected by specific findings of fact, expressed in the record:

(1) That the respondent was aware of RSA 313-A and the board’s rules;

(2) Continuing noncompliance with the board statutes, rules, and directives;

(3) The degree of respondent’s willfulness and/or negligence involved in the violation;

(4) Any history of noncompliance with RSA 313-A, rules, or directives;

(5) Bad faith or misrepresentation of any material fact; and

(6) Additional information presented during the hearing which reflects an aggravating factor based on a totality of circumstances.

(b) Following a hearing, or a pre-hearing conference the board shall decrease the amount of a fine provided for in Bar 404.10 when there are mitigating factors reflected by specific findings of fact, expressed in the record or good faith efforts to comply with RSA 313-A and the board’s rules, and directives.

Source. #6577, eff 9-13-97 (formerly Bar 504.04); ss by #7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08; ss by #9345, eff 12-10-08; ss by #12226, eff 6-30-17

Bar 404.12 Multiple Violations.

(a) The board shall assess separate fines against a party for multiple violations of the statutes, rules, or both, provided the board makes a separate finding of fact from the record for each violation.

(b) Noncompliance which was carried out over a period of days shall be a separate violation for each such day.

(c) Nonpayment of a fine by a licensee in contravention of an order, agreement or promise to pay, shall result in separate discipline by the board and shall result in denying a license until paid.

Source. #6577, eff 9-13-97 (formerly Bar 504.05); ss by #7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08; ss by #9345, eff 12-10-08; ss by #12226, eff 6-30-17

CHAPTER Bar 500 ETHICAL STANDARDS

PART Bar 501 OBLIGATION TO OBEY AND ETHICAL CONDUCT STANDARDS

Bar 501.01 Obligation to Obey.

(a) Licensees shall obey the ethical conduct standards set forth in Bar 501.02.

(b) Violations of any of the ethical conduct standards shall constitute unprofessional conduct resulting in disciplinary proceedings pursuant to RSA 313-A:22, II(c).

Source. #8135, eff 8-5-04; ss by #9997-B, eff 9-16-11; ss by #12619, eff 9-13-18; ss by #14536, eff 4-24-26, EXPIRES: 4-24-36

Bar 501.02 Ethical Conduct Standards. A licensee shall:

(a) Comply with RSA 313-A, and the administrative rules of the board and the office of professional licensure and certification (OPLC);

(b) Submit only truthful and correct information in any application or other document filed with, or statement made to, the board or the OPLC;

(c) Obey in good faith, and within any time period specified, any disciplinary orders issued by the board, including orders requiring the payment of fees or fines;

(d) Deal with colleagues and clients with honesty and integrity;

(e) If maintaining a salon, tanning facility, or school, maintain the salon, tanning facility, or school premises in a sanitary and hygienic manner;

(f) Not perform any service that is outside the scope of practice for the license that the licensee holds;

(g) Not misrepresent professional qualifications or credentials;

(h) Not aid or abet, directly or indirectly, the practice of any person who is not duly licensed;

(i) Not advertise claims that are misleading, untrue, or insupportable by fact;

(j) Use professional products specifically designed or manufactured for use in their licensed profession according to the manufacturer’s instructions;

(k) Cooperate with lawful investigation of the OPLC; and

(l) Not defraud another person.

Source. #8135, eff 8-5-04; ss by #9997-B, eff 9-16-11; ss by #12619, eff 9-13-18; ss by #14536, eff 4-24-26, EXPIRES: 4-24-36

CHAPTER Bar 600 TANNING FACILITIES

REVISION NOTE:

Document #14591, effective 7-17-26, repealed Section Bar 605.03 in Part Bar 605, titled “Procedure for Approving or Denying a Renewal Form”. Document #14591, effective 7-17-26, also repealed Part Bar 606 in Chapter Bar 600, titled “Violation Points and Administrative Fines”.

PART Bar 601 DEFINITIONS

Bar 601.01 “Fitzpatrick scale” means “Fitzpatrick scale” as defined in RSA 313-A:1, VIII-a, namely, “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.”

Source. #8444, eff 10-06-05, EXPIRED: 10-6-13

New. #10808, eff 4-2-15, EXPIRED: 4-1-25

New. #14271, INTERIM, eff 6-16-25, EXPIRES: 12-14-25; ss by #14591, eff 7-17-26, EXPIRES: 7-17-36

Bar 601.02 “Operator” means “operator” as defined in RSA 313-A:1, XI-a, namely, “a person age 18 or older who has received training through a program approved by the board in the safe operation of tanning devices, operates the tanning device, controls the length of the exposure to UV light, and instructs the consumer in the proper use of the device.”

Source. #8444, eff 10-06-05, EXPIRED: 10-6-13

New. #10808, eff 4-2-15, EXPIRED: 4-1-25

New. #14271, INTERIM, eff 6-16-25, EXPIRES: 12-14-25; ss by #14591, eff 7-17-26, EXPIRES: 7-17-36

Bar 601.03 “Personal use” means tanning devices which are limited exclusively to an individual and this individual’s immediate family.

Source. #8444, eff 10-06-05, EXPIRED: 10-6-13

New. #10808, eff 4-2-15, EXPIRED: 4-1-25

New. #14271, INTERIM, eff 6-16-25, EXPIRES: 12-14-25; ss by #14591, eff 7-17-26, EXPIRES: 7-17-36

Bar 601.04 “Phototherapy device” means “phototherapy device” as defined in RSA 313-A:1, XI-b namely, “equipment that emits UV radiation and is used by licensed health care professionals in the treatment of disease.”

Source. #8444, eff 10-06-05, EXPIRED: 10-6-13

New. #10808, eff 4-2-15, EXPIRED: 4-1-25

New. #14271, INTERIM, eff 6-16-25, EXPIRES: 12-14-25; ss by #14591, eff 7-17-26, EXPIRES: 7-17-36

Bar 601.05 “Tanning device” means “tanning device” as defined in RSA 313-A:1, XIV, namely, “any equipment, including a sunlamp, tanning booth, and tanning bed, that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers and is used for the tanning of human skin. The term also includes any accompanying equipment, including protective eyewear, timers, and handrails.”

Source. #8444, eff 10-06-05, EXPIRED: 10-6-13

New. #10808, eff 4-2-15, EXPIRED: 4-1-25

New. #14271, INTERIM, eff 6-16-25, EXPIRES: 12-14-25; ss by #14591, eff 7-17-26, EXPIRES: 7-17-36

Bar 601.06 “Tanning facility” means “tanning facility” as defined in RSA 313-A:1, XV, namely, “any location, place, area, structure or business which provides access to a tanning device for a fee, membership dues or any other compensation.”

Source. #8444, eff 10-06-05, EXPIRED: 10-6-13

New. #10808, eff 4-2-15, EXPIRED: 4-1-25

New. #14271, INTERIM, eff 6-16-25, EXPIRES: 12-14-25; ss by #14591, eff 7-17-26, EXPIRES: 7-17-36

Bar 601.07 “Ultraviolet (UV) radiation” means “ultraviolet (UV) radiation” as defined in RSA 313-A:1, XVI, namely, “electromagnetic radiation with wavelengths between 200 nanometers and 400 nanometers.”

Source. #8444, eff 10-06-05, EXPIRED: 10-6-13

New. #10808, eff 4-2-15, EXPIRED: 4-1-25

New. #14271, INTERIM, eff 6-16-25, EXPIRES: 12-14-25; ss by #14591, eff 7-17-26, EXPIRES: 7-17-36

PART Bar 602 APPLICATION PROCEDURES

Bar 602.01 Application for a Tanning Facility Registration. Each applicant applying for their initial tanning facility registration shall submit:

(a) The “Universal Application for Initial Licensure” as required by Plc 304.01(a)(1);

(b) The following information on the “Tanning Facility Addendum to the Universal Application for Initial Licensure” revised 5/2026:

(1) The name and business address of the owner(s), in accordance with RSA 313-A:28, II;

(2) A list of equipment including the number for each type of tanning device; and

(3) Signature of owner(s) and current date; and

Source. #8444, eff 10-06-05, EXPIRED: 10-6-13

New. #10808, eff 4-2-15, EXPIRED: 4-1-25

New. #14271, INTERIM, eff 6-16-25, EXPIRES: 12-14-25; ss by #14591, eff 7-17-26, EXPIRES: 7-17-36

PART Bar 603 OPERATIONAL REQUIREMENTS

Bar 603.01 Tanning Owner Requirements.

(a) Only tanning devices manufactured and certified under the provisions of 21 CFR 1040.20 shall be used in tanning facilities. Compliance shall be based on the standard in effect at the time of manufacture as shown on the device identification label required by 21 CFR Parts 1010.2 and 1010.3.

(b) Each tanning device shall have the following:

(1) A method of remote timing located so that consumers cannot set their own exposure time; and

(2) A control that allows the consumer to turn on and off the device at any time.

(d) The tanning devices shall be maintained in good repair and comply with all state and local electrical code requirements.

(e) If a tanning device has a broken physical barrier the unit shall not be used until the broken physical barrier is replaced.

(f) Access to the booth shall be of rigid construction, doors shall open outwardly, and nonslip floors shall be provided.

(g) Disposable, one-time use eyewear shall not be reused by another consumer. Eyewear that is reusable shall be disinfected with an EPA registered disinfectant according to the manufacturer’s direction.

(h) The operator shall have the consumer use protective eyewear that meets the requirements of 21 CFR 1040.20(c)(4).

(i) Protective eyewear shall not be altered in any manner that would change its use as intended by the manufacturer, such as removal of straps.

(j) An entrance, either from the outside or from a common hallway, shall be provided. Access shall not be through any living quarters.

(k) Lavatory facilities shall be publicly accessible to all consumers and employees.

(l) All tanning facilities shall keep their floors, walls, woodwork, ceiling, furniture, furnishing, and fixtures clean.

(m) When a tanning facility closes, the owner of the facility shall notify the OPLC in writing within 10 days of the date the facility closed.

(n) Defective or burned-out lamps or filters shall be replaced with a type intended for use in that device as specified on the product label on the tanning device or with lamps or filters that are equivalent under 21 CFR 1040.20.

(o) Records required by RSA 313-A:30, VI maintained on computer systems shall be regularly copied, at least monthly, and updated on storage media other than the hard drive of the computer. An electronic record shall be retrievable as a printed copy.

(p) A tanning facility shall not claim, or distribute promotional materials that claim, that using a tanning device is safe or free from risk or that the use of the device will result in medical or health benefits. The only claim that may be made is that the device is for cosmetic use only.

(q) Soiled towels shall be deposited in a receptacle and not used again until properly laundered.

(r) Each tanning facility shall be kept well lighted and ventilated.

(s) Each tanning facility shall have the owners’ manual for each tanning unit.

(t) Contact surfaces of tanning devices shall be disinfected between each use. The contact surfaces may be covered by a single-use protective material during each use.

(u) Any tanning facility, shop, or salon that does not renew a tanning registration shall remove the tanning device(s) from the premises.

(v) A tanning facility shall not permit a person under the age of 18 to use a tanning device pursuant to RSA 313-A:31, I.

Source. #8444, eff 10-06-05; ss by #10412-B, eff 9-19-13; ss by #10808, eff 4-2-15; ss by #12619, eff 9-13-18; ss by #14591, eff 7-17-26, EXPIRES: 7-17-36

Bar 603.02 Operator Requirements.

(a) All operators shall comply with RSA 313-A:30.

(b) Operators shall have the consumer present their protective eyewear prior to each use to ensure the eyewear complies with Bar 603.01(h).

(c) Operators shall not allow a consumer to use a tanning device if that consumer does not have the protective eyewear required by Bar 603.01(h).

(d) A trained operator shall be present when a tanning device is operated.

(e) The operator shall limit the exposure of the consumer to one tanning session daily. Session duration shall be determined by the certified operator using the Fitzpatrick scale to gradually increase exposure and shall not exceed the maximum timer interval established by the manufacturer.

(f) When a tanning device is being used, no other person shall be allowed to remain in the tanning device area.

(g) Operators shall be at least 18 years of age.

(h) The licensee shall ensure that the operator requires the consumer to complete and sign a Fitzpatrick scale form. The operator shall total the points on the scale to estimate skin type and sign the form. Operators shall keep the completed forms with the client records. The Fitzpatrick scale questions shall not be altered or have points added.

(i) The operator shall only permit tanning to individuals who present valid, government issued identification to verify their identity. Operators shall keep records of the identification provided.

Source. #8444, eff 10-06-05 amd by #9652, eff 2-3-10; paras. (a)-(g) EXPIRED: 10-6-13; ss by #10808, eff 4-2-15; ss by #10974, eff 11-13-15, EXPIRED: 11-13-25

New. #14271, INTERIM, eff 6-16-25, EXPIRES: 12-14-25; ss by #14591, eff 7-17-26, EXPIRES: 7-17-36

Bar 603.03 Training for Device Operators.

(a) All operators shall be trained by a board approved program, as required by RSA 313-A:30, II.

(b) Any individual or organization wanting to provide training in accordance with RSA 313-A:30, II shall submit a curriculum for the board’s approval.

(c) Tanning facilities shall maintain verification of training for each tanning device operator as required by RSA 313-A:30, II.

(d) Tanning facilities shall maintain a list of tanning device operators, as required by RSA 313-A:30, II, that were trained in accordance with (a) above, which shall be available at the tanning facility for inspection by the OPLC.

Source. #8444, eff 10-06-05, EXPIRED: 10-6-13

New. #10808, eff 4-2-15, EXPIRED: 4-1-25

New. #14271, INTERIM, eff 6-16-25, EXPIRES: 12-14-25; ss by #14591, eff 7-17-26, EXPIRES: 7-17-36

Bar 603.04 Complaints of Misconduct. Individuals wishing to file an official complaint against a licensee or against a person believed to be engaging in a regulated profession without the requisite license shall do so by submitting a written complaint as required by Plc 204.02 and Plc 204.03.

Source. #8444, eff 10-06-05, EXPIRED: 10-6-13

New. #10808, eff 4-2-15, EXPIRED: 4-1-25

New. #14271, INTERIM, eff 6-16-25, EXPIRES: 12-14-25; ss by #14591, eff 7-17-26, EXPIRES: 7-17-36

PART Bar 604 INSPECTIONS AND FORMS

Bar 604.01 Inspections.

(a) Inspections shall be made in accordance with RSA 313-A:21, Plc 403, Plc 404, and Plc 406, as applicable.

(b) All tanning facilities shall be inspected for compliance with the requirements of Bar 603.01(a) through (v).

(c) The tanning facility shall post the most recent inspection report in a conspicuous and unobstructed place in the facility following the inspection.

Source. #8444, eff 10-06-05, EXPIRED: 10-6-13

New. #10808, eff 4-2-15, EXPIRED: 4-1-25

New. #14271, INTERIM, eff 6-16-25, EXPIRES: 12-14-25; ss by #14591, eff 7-17-26, EXPIRES: 7-17-36

PART Bar 605 EXPIRATION OF REGISTRATION AND RENEWALS.

Bar 605.01 Tanning Facility Registration Expires. All tanning facilities registrations shall expire in accordance with RSA 310:8.

Source. #8444, eff 10-06-05, EXPIRED: 10-6-13

New. #10808, eff 4-2-15, EXPIRED: 4-1-25

New. #14271, INTERIM, eff 6-16-25, EXPIRES: 12-14-25; ss by #14591, eff 7-17-26, EXPIRES: 7-17-36

Bar 605.02 Renewal Forms. Each applicant wishing to renew their registration shall apply to the OPLC and submit:

(a) The “Universal Application for License Renewal” as required by Plc 308.05(b)(1);

(b) The “Tanning Facility Addendum to the Universal Application for License Renewal”, revised 5/2026 by providing the following information:

(1) The name and address of the facility, in accordance with RSA 313-A:28, II;

(2) The name and business address of the owner(s), in accordance with RSA 313-A:28, II;

(3) A list of equipment including the number; and

(4) The fee required by Plc 1002.07.

Source. #8444, eff 10-06-05, EXPIRED: 10-6-13; amd by #9652, eff 2-3-10; ss by #10808, eff 4-2-15, EXPIRED: 4-2-25

New. #14271, INTERIM, eff 6-16-25, EXPIRES: 12-14-25; ss by #14591, eff 7-17-26, EXPIRES: 7-17-36

CHAPTER Bar 700 MOBILE BARBERSHOP

PART Bar 701 LICENSING OF MOBILE BARBERSHOPS

Bar 701.01 Definitions.

(a) “Mobile barbershop” means “mobile barbershop” as defined in RSA 313-A, I, XI, namely “a vehicle or structure, readily mobile, designed, constructed or adapted to serve as a barbershop at multiple sites.”

Source. #13128, eff 10-30-20

Bar 701.02 Mobile Barbershop Requirements and Specifications.

(a) Each mobile barbershop shall be equipped with each of the following functioning systems:

(1) A self-contained, potable water supply with water tanks that hold enough water to complete all services for the day;

(2) A water heater that provides fresh, hot water continuously and on-demand;

(3) A generator with muffler and vent to the outside or solar power with a backup generator; and

(4) A self-contained, re-circulating, flush chemical toilet with holding tank, for which all wastewater shall be disposed of in accordance with Env-Wq 1603.01.

(b) All storage cabinet doors shall have safety locks.

(d) All furniture shall be anchored to the mobile barbershop.

(e) A mobile barbershop shall have posted policies and procedures in place to assist individuals with disabilities for services, including services offered at that person’s place of residence.

(f) A mobile barbershop shall display on both sides of the exterior of the barbershop, the mobile barbershop’s license number and the name of shop.

(g) Mobile barbershops shall have a fire extinguisher readily available in the unit.

(h) Mobile barbershops shall comply with the requirements specified in Bar 302.02 and Bar 302.05 (a), (d), and (f)-(ad).

(i) An inspection pursuant to Bar 701.06 shall be required prior to operation of the mobile barbershop to ensure compliance with Bar 404.01, Bar 404.02, Bar 404.03, Bar 701.02, and Bar 701.03. Mobile barbershop licenses shall not be granted if the mobile barbershop does meet the requirements of Bar 701.06

(j) A mobile barbershop shop license owner shall maintain a permanent mailing address. The mobile barbershop license owner shall report any permanent mailing address change to the board within 30 days of the change.

(k) A mobile barbershop owner shall either:

(1) Have a global positioning system (GPS) tracking device that enables the board to track the location of the mobile barbershop over the internet and meet the following requirements:

a. The device shall be on board the mobile barbershop and functioning at all times the mobile barbershop is in operation or open for business; and

b. The mobile barbershop owner shall provide the board with all information necessary to track the unit over the internet; or

(2) Submit to the board via email, a weekly itinerary showing the dates, exact locations, and times of services to be provided. The mobile barbershop license owner shall submit the itinerary not less than 7 calendar days prior to the beginning of services described in the itinerary and shall submit to the board any changes in the itinerary not less than 24 hours prior to the change. A mobile barbershop shall follow the itinerary in providing services and the mobile barbershop owner shall notify the board of any change.

(l) Email notification as described in (k) (2) above shall include the mobile barbershop name and license number, the owner’s name, address of location, and expected time frame on location.

Source. #13128, eff 10-30-20

Bar 701.03 Application Form for a Mobile Barbershop License.

(a) Each applicant for a mobile barbershop shall be currently licensed as a barber or master barber, or have a manager employed that is currently licensed as a barber or master barber.

(b) Each applicant applying for a mobile barbershop license shall complete and submit an application on a “Mobile Shop Application” form, revised 5/2020, and a check, money order, or cash for the fee required pursuant to Bar 301.09(b)(8).

(c) In addition to the requirements of Bar 301.09 (b) the applicant, and manager if applicable, shall submit on page 3 of the “Mobile Barbershop Application” the same information and certify to the truthfulness of the information provided as required by Bar 301.01(b)(5) – (b)(7).

(d) In addition to the requirements above, the applicant shall provide a bill of sale in the event of a change of ownership for a mobile barbershop.

(e) Each applicant applying for a mobile barbershop license to independently operate a booth within a mobile barbershop, shall complete and submit the application for a booth rental license as specified in Bar 301.09(e)(1)–(4).

(f) Upon receipt of a completed application in accordance with (b) or (f) above, the board shall contact the applicant by phone to set up a date and time of the inspection and requiring the booth renter, shop owner, and if applicable, manager to be present at the shop during the inspection.

(g) A prior shop owner shall not be required to have an inspection for an initial booth rental application in a mobile barbershop.

(h) If, upon inspection pursuant to Bar 701.06, the inspector finds that the shop is in compliance with RSA 313-A and Bar 404.02(a), the board shall issue a mobile barbershop license.

(i) The board shall deny an application if:

(1) The applicant does not meet the requirements of Bar 700;

(2) The inspector finds the shop is not in compliance with RSA 313-A or Bar 404.01, with the exception that mobile barbershops need not meet the square footage requirements in Bar 302.03;

(3) There is pending discipline against the shop license, shop owner’s personal license(s), or the applicant’s shop or personal license(s); or

(4) The application contains fraudulent or deceitful information.

Source. #13128, eff 10-30-20

Bar 701.04 Prohibited Practices for a Mobile Barbershop.

(a) A mobile barbershop shall not be used as a residence during hours of operation.

(b) Services shall not be provided while the mobile barbershop is in motion.

(d) Mobile barbershops shall not be driven unless they comply with department of safety rules for motor vehicle licensing.

(e) Mobile barbershops shall not operate if the potable water tanks are empty.

Source. #13128, eff 10-30-20

Bar 701.05 Renewal of a Mobile Barbershop.

(a) Mobile barbershops shall renew in the same manner as a shop per RSA 313-A:20.

(b) Mobile barbershops shall complete and submit a “Renewal Application for Two-Year Mobile Shop License” form, (5/2020 edition) and submit on page 2 the same information and certify to the truthfulness of the information provided as required by Bar 301.01(b)(5) – (b)(7).

(c) The renewal fee for a mobile barbershop shall be as listed in Bar 401.01(c)(2). f a mobile barbershop license has expired, the licensee shall pay the renewal fee plus the late fee as listed in Bar 401.01(g).

Source. #13128, eff 10-30-20

Bar 701.06 Inspections of a Mobile Barbershop.

(a) Inspections of a mobile barbershop shall include the same requirements as listed for a shop in Bar 404.01, Bar 404.02, and Bar 404.03.

(b) In addition to (a) above, the inspector shall inspect for compliance with Bar 701.01 and Bar 701.03.

Source. #13128, eff 10-30-20

Bar 701.07 Violation Points and Disciplinary Action for a Mobile Barbershop.

(a) Disciplinary sanctions shall be imposed in the same manner as for a shop in accordance with Bar 402.

(b) Violation points for a mobile barbershop shall be the same as required in Bar 404.09.

(1) For each violation, 25 points shall be issued for failure to comply with Bar 701.03 (a).

(2) For each violation, 250 points shall be issued for failure to comply with Bar 701.03 (b).

(3) For each violation, 50 points shall be issued for the first offense, 250, for the second offense, 500 for the third offense for failure to comply with Bar 701.03 (c).

(4) For each violation, 50 points shall be issued for failure to comply with Bar 701.03 (d).

(5) For each violation, 250 points shall be issued for failure to comply with Bar 701.03 (e).

(6) For each violation, 250 points shall be issued for failure to comply with Bar 701.02 (a) (1)-(4).

(7) For each violation, 100 points shall be issued for failure to comply with Bar 701.02 (b)-(h).

(8) For each violation, 50 points shall be issued for failure to comply with Bar 701.02(k)-(l).

(d) For each violation of 701.01 (i), points shall be issued in accordance with Bar 404.09.

Source. #13128, eff 10-30-20

APPENDIX

Rule	Specific State or Federal Statutes Which the Rule Implements

Bar 101.01	RSA 541-A:16, I(b)
Bar 101.02 (formerly Bar 101.01)	RSA 313-A:24
Bar 101.03 (formerly Bar 101.02)	RSA 541-A:16, I(b)
Bar 101.04 (formerly Bar 101.03)	RSA 313-A:1, I
Bar 101.05 (formerly Bar 101.04)	RSA 313-A:1, II
Bar 101.06 (formerly Bar 101.05)	RSA 313-A:1, III
Bar 101.07	RSA 541-A:16, I(b)
Bar 101.08 (formerly Bar 101.06)	RSA 313-A:1, IV
Bar 101.09 through Bar 101.11	RSA 541-A:16, I(b)
Bar 101.12 (formerly Bar 101.07)	RSA 313-A:1, V
Bar 101.13 (formerly Bar 101.08)	RSA 313-A:1, VI
Bar 101.14 and Bar 101.15	RSA 541-A:16, I(b)
Bar 101.16 (formerly Bar 101.09)	RSA 541-A:16, I(b)
Bar 101.17 (formerly Bar 101.10)	RSA 541-A:16, I(b)
Bar 101.18 (formerly Bar 101.11)	RSA 541-A:16, I(b)
Bar 101.19	RSA 541-A:16, I(b)
Bar 101.20 (formerly Bar 101.12)	RSA 313-A:1, VII
Bar 101.21 (formerly Bar 101.13)	RSA 313-A:1, VIII
Bar 101.14 (repeal)	RSA 541-A:16, I(b)
Bar 101.22	RSA 541-A:16, I(b)
Bar 101.23 (formerly Bar 101.15)	RSA 541-A:16, I(b)
Bar 101.24	RSA 541-A:16, I(b)
Bar 101.25 (formerly Bar 101.16)	RSA 541-A:16, I(b)
Bar 101.26 and Bar 101.27	RSA 541-A:16, I(b)
Bar 101.28 (formerly Bar 101.17)	RSA 541-A:16, I(b)
Bar 101.29 (formerly Bar 101.18)	RSA 541-A:16, I(b)
Bar 101.30 (formerly Bar 101.19)	RSA 310:2, I(f)
Bar 101.31 (formerly Bar 101.20)	RSA 313-A:1, IX
Bar 101.32 (formerly Bar 101.21)	RSA 313-A:1, X
Bar 101.33	RSA 313-A:1, II-a
Bar 101.34 and Bar 101.35	RSA 541-A:16, I(b)
Bar 101.22 (repeal)	RSA 541-A:16, I(b)
Bar 101.36 (formerly Bar 101.23)	RSA 541-A:16, I(b)
Bar 101.37 (formerly Bar 101.24)	RSA 541-A:16, I(b)
Bar 101.38 and Bar 101.39	RSA 541-A:16, I(b)
Bar 101.40 (formerly Bar 101.26)	RSA 313-A:1, XII
Bar 101.41 (formerly Bar 101.27)	RSA 541-A:16, I(b)
Bar 101.42 (formerly Bar 101.28)	RSA 313-A:1, XIII
Bar 101.44	RSA 541-A:16, I(b)
Bar 101.45 (formerly Bar 101.30)	RSA 541-A:16, I(b)
Bar 101.46	RSA 541-A:16, I(b)
Bar 101.47 (formerly Bar 101.31)	RSA 313-A:19.
Bar 101.48 (formerly Bar 101.32)	RSA 313-A:24 , RSA 313-A:19
Bar 101.49 (formerly Bar 101.33)	RSA 541-A:16, I(b)
Bar 101.50 (formerly Bar 101.34)	RSA 541-A:16, I(b)
Bar 101.51	RSA 541-A:16, I(b)
Bar 101.52 (formerly Bar 101.35)	RSA 313-A:24, RSA 313-A:9, IV
Bar 101.53 and Bar 101.54	RSA 541-A:16, I(b)
Bar 102.03 (repeal)	RSA 541-A:16, I(b)
Bar 102.04	RSA 313-A:2, V
Bar 102.05	RSA 541-A:16(a)
Bar 103.02	RSA 310:4, II(e), RSA 313-A:4

Bar 201.01	RSA 313-A:22 and RSA 318-A:23
Bar 201.02	RSA 541-A:16, I (b)

Bar 301.01-301.02	RSA 313-A:10, I(c)(2), RSA 313-A:11, I(c)(2); RSA 313-A:24
Bar 301.03 (a) & (b)	RSA 313-A:10, I(c)(1), (2), RSA 313-A:11, I(c)(1), (2); RSA 313-A:12, RSA 313-A:13
Bar 301.03 (b)(1)	RSA 313-A:10, I(c)(1), (2)
Bar 301.03 (b)(2)	RSA 313-A:11, I(c)(1), (2)
Bar 301.03 (b)(3)	RSA 313-A:12, I
Bar 301.03 (b)(4)	RSA 313-A:11 and RSA 313-A:12
Bar 301.03 (b)(5)	RSA 313-A:10, I(c)(1), (2)
Bar 301.03 (c)-(x)	RSA 313-A:24
Bar 301.04-301.06	RSA 313-A:8, VII and RSA 313-A:24
Bar 301.07 (a)-(f), (i), (k) & (l)	RSA 313-A:9, RSA 313-A:16
Bar 301.07(d)	RSA 313-A:9; RSA 313-A:24
Bar 301.07 (g), (h) & (j)	RSA 313-A:18
Bar 301.07(m)	RSA 313-A:16
Bar 301.08 (a) & (b)	RSA 313-A:8, V
Bar 301.08 (a)-(c) & (f)	RSA 313-A:9 and RSA 313-A:16
Bar 301.08 (d)-(e)	RSA 313-A:18
Bar 301.09	RSA 313-A:9, RSA 313-A:16, and RSA 313-A:19
Bar 301.10	RSA 313-A:9 and RSA 313-A:16
Bar 302.01	RSA 313-A:9, IV
Bar 302.01 (a)	RSA 313-A:9, IV
Bar 302.02-302.03	RSA 313-A:8, X and RSA 313-A:19
Bar 302.04	RSA 313-A:19, II(b)
Bar 302.02 (b) & (f)	RSA 313-A:8, X and RSA 313-A:19
Bar 302.02 (d)	RSA 313-A:7, X; RSA 313-A:17
Bar 302.04	RSA 313-A:19, II(b)
Bar 302.05	RSA 313-A:7, X; RSA 313-A:8, X; RSA 313-A:17; RSA 313-A:19
Bar 302.06	RSA 313-A:8, V RSA 313-A:9, IV
Bar 302.06 (k)	RSA 313-A:8, V
Bar 302.06	RSA 313-A:8, V RSA 313-A:9, IV
Bar 302.07	RSA 313-A:8, X, XIV
Bar 303.09	RSA 313-A:19
Bar 303.01, 303.02,303.03 - 303.04, 303.05,303.06	RSA 313-A:10, I(d); RSA 313-A:11, I(d); RSA 313-A:12, I; RSA 313-A:13; RSA 313-A:15
Bar 303.06	RSA 313-A:10, I(d); RSA 313-A:11, I(d); RSA 313-A:12, I
Bar 303.04 (a) Bar 303.06 (a) Bar 303.10	RSA 313-A:10, I(d); RSA 313-A:11, I(d); RSA 313-A:12, I RSA 313-A:13; RSA 313-A:15
Bar 303.07 (a)	RSA 313-A:15
Bar 303.07 (b) intro., (1), (2), & (6)	RSA 313-A:10, I(d)
Bar 303.07 (b)(1), (2), & (6)	RSA 313-A:10, I(d)
Bar 303.07 (b)(3)	RSA 313-A:13
Bar 303.07 (b)(4)	RSA 313-A:12, I
Bar 303.07 (b)(5)	RSA 313-A:15, RSA 313-A:8, XII
Bar 303.07 (c)	RSA 313-A:15
Bar 303.08	RSA 313-A:15; RSA 313-A:8, III
Bar 303.09 (a)	RSA 313-A:19
Bar 303.10	RSA-A:10, I (d), RSA 313-A:11, I (d); RSA 313-A:8, III
Bar 304	RSA 313-A:14
Bar 304.01	RSA 313-A:8, I-II; RSA 313-A:14
Bar 305	RSA 313-A:10, II; RSA 313-A:11, II, RSA 541-A:22, IV; RSA 313-A:8, XVI

Bar 404.01	RSA 313-A:21
Bar 401.01 (b) & (d)	RSA 313-A:18
Bar 401.01 (c), (i), (k), (l), & (m)	RSA 313-A:20
Bar 401.02	RSA 313-A:20
Bar 402.01	RSA 310:10, II; RSA 310:11, I
Bar 402.02	RSA 310:12; RSA 313-A:22, II
Bar 402.03	RSA 310:12
Bar 402.04	RSA 310:10; RSA 310:12
Bar 402.05	RSA 310:10; RSA 310:12, III
Bar 404.01	RSA 313-A:21
Bar 404.02	RSA 313-A:19; RSA 313-A:21
Bar 404.03	RSA 313-A:19; RSA 313-A:21; RSA 313-A:23
Bar 404.04	RSA 313-A:19 and RSA 313-A:7, XVI
Bar 404.05	RSA 313-A:19 and RSA 313-A:7, XVI
Bar 404.06-404.12	RSA 313-A:7, VI

Bar 501.01	RSA 313-A:8, IV
Bar 501.02	RSA 313-A:8, IV

Bar 601.01	RSA 313-A:1, VIII-a
Bar 601.02	RSA 313-A:1, XI-a
Bar 601.03	RSA 313-A:8, VI
Bar 601.04	RSA 313-A:1, XI-b
Bar 601.05	RSA 313-A:1, XIV
Bar 601.06	RSA 313-A:1, XV
Bar 601.07	RSA 313-A:1, XVI
Bar 602.01	RSA 313-A:28, II; and RSA 313-A:8, VI(c)
Bar 603.01	RSA 313-A:8, VI(a)–(d); RSA 313-A:27; RSA 313-A:28, II; and RSA 313-A:30, VI; RSA 313-A:31, I
Bar 603.02	RSA 313-A:30
Bar 603.02 (b)	RSA 313-A:30, I (f), IV
Bar 603.02 (c)	RSA 313-A:30, I (f), IV
Bar 603.02 (d)	RSA 313-A:30, I(c), II
Bar 603.02 (e)	RSA 313-A:30, I (b), (j)
Bar 603.02 (f)	RSA 313-A:30, I (c)
Bar 603.02 (g)	RSA 313-A:1, XI-a
Bar 603.02 (h)	RSA 313-A:30, I(j), VI
Bar 603.02 (i)	RSA 313-A:30, I(j)
Bar 603.03	RSA 313-A:30, II
Bar 603.04	RSA 313-A:30,V; RSA 310:9; and RSA 310:4
Bar 604.01	RSA 313-A:21; and RSA 310:9
Bar 605.01	RSA 313-A:20; and RSA 310:8
Bar 605.02	RSA 313-A:20; RSA 313-A:28, II; RSA 313-A:8, VI(c); and RSA 310:8

Bar 700	RSA 313-A:8, XIII