HB 644-FN - AS INTRODUCED

2023 SESSION

23-0539

09/04

HOUSE BILL 644-FN

AN ACT relative to regulating barbers, cosmetologists, and estheticians.

SPONSORS: Rep. Pauer, Hills. 36; Rep. A. Lekas, Hills. 38; Rep. Bailey, Straf. 2; Rep. Pitre, Straf. 1; Rep. Rung, Hills. 12; Rep. Jeudy, Hills. 23; Rep. Calabro, Hills. 45; Rep. Layon, Rock. 13; Rep. Kofalt, Hills. 32; Rep. Cushman, Hills. 28

COMMITTEE: Executive Departments and Administration

-----------------------------------------------------------------

ANALYSIS

This bill makes changes to the regulation of barbers, cosmetologists, and estheticians.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0539

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to regulating barbers, cosmetologists, and estheticians.

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

1  New Paragraph; Barbering, Cosmetology, and Esthetics; Definitions.  Amend RSA 313-A:1 by inserting after paragraph II-a. the following new paragraph:

II-b.  "Blow-dry styling" means the practice of shampooing, conditioning, drying, arranging, curling, waving, crimping, straightening, or styling hair using only mechanical devices, hair sprays, and topical agents such as balms, oils, and serums.  "Blow-dry styling" includes the use and d styling of hair extensions, hair pieces, and wigs, but excludes cutting hair or the application of dyes, bleach, reactive chemicals, keratin treatments, other preparations to color or alter the structure of hair, or other cosmetology services and is distinct from the practice of cosmetology.

2  Barbering, Cosmetology, and Esthetics; Definitions.  Amend RSA 313-A:1, VI to read as follows:

VI.  "Cosmetology" means [arranging, dressing, curling, waving, cleansing,] cutting, bleaching, coloring, chemically altering or similarly treating the hair of any person, and performing other work customarily performed by a cosmetologist such as giving facials, manicures, pedicures, and artificial nail enhancements, applying [makeup or] eyelashes to any person, and removing superfluous hair by means other than threading.

3  New Paragraph; Barbering, Cosmetology, and Esthetics; Definitions.  Amend RSA 313-A:1 by inserting after paragraph VIII-a the following new paragraph:

VIII-b.  "Makeup application" means the application of a cosmetic to enhance the appearance of the face or skin, including powder, foundation, rouge, eyeshadow, eyeliner, mascara, and lipstick.  "Makeup application" includes the application of makeup applied using an airbrush, but excludes the application of permanent makeup, tattooing, or other cosmetology services and is distinct from the practices of cosmetology and esthetics.

4  New Paragraph; Barbering, Cosmetology, and Esthetics; Definitions.  Amend RSA 313-A:1 by inserting after paragraph XVI the following new paragraph:

XVII.  "Threading" means a method of removing hair from the eyebrows, upper lip, or other body parts by using a cotton thread to pull hair from follicles.  "Threading" includes the use of over the counter astringents, gels, powders, tweezers, and scissors incidental to threading, but excludes other cosmetology services and is distinct from the practice of cosmetology and esthetics.

5  Barbering, Cosmetology, and Esthetics; Licensure Required.  Amend RSA 313-A:9, II(b) to read as follows:

(b)  Hire, [or] employ, or rent a booth to any person to engage in a practice regulated by this chapter, unless such person then holds a valid license or a temporary permit issued by the board to practice the respective profession.

6  Barbering, Cosmetology, and Esthetics; Shop Licensure.  Amend RSA 313-A:19, II to read as follows:

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

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

7  New Paragraph; Barbering, Cosmetology, and Esthetics; Shop Licensure.  Amend RSA 313-A:19 by inserting after paragraph IV the following new paragraph:

V.  The owner of a salon, barbershop, or mobile barbershop licensed under this section shall be responsible for:

(a)  Verifying the education, training, skills, and competence of persons who work in the owner's salon, barbershop, or mobile barbershop.

(b)  Protecting the health and safety of customers and persons who work in the owner's salon, barbershop, or mobile barbershop.  This includes the sanitation of the facility and any equipment used in it.

8  Barbering, Cosmetology, and Esthetics; Exemptions.  Amend the section heading and introductory paragraph of RSA 313-A:25 to read as follows:

313-A:25  Exemptions.  The provisions of this chapter relative to barbering, cosmetology, esthetics, [and] manicuring, and shop licensure shall not be construed to apply to the following persons:

9  New Paragraphs; Barbering, Cosmetology, and Esthetics; Exemptions.  Amend RSA 313-A:25 by inserting after paragraph XIII the following new paragraphs:

XIV.  Persons engaged in blow dry styling.

XV.  Persons who demonstrate the use of a cosmetic or beauty equipment for the purpose of offering for sale to the public such cosmetic or beauty equipment.

XVI.  Persons engaged in blow-dry styling or makeup application for theatrical, television, film, fashion, photography, or media productions or media appearances.

XVII.  Persons engaged in makeup application.

XVIII.  Persons engaged in threading.

10  Effective Date.  This act shall take effect 60 days after its passage.

LBA

23-0539

1/9/23

HB 644-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to regulating barbers, cosmetologists, and estheticians.

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

METHODOLOGY:

This bill makes changes to the regulation of barbers, cosmetologists, and estheticians and specifically exempts "shop licensure" from the list of entities to which the exemption applies. The Office of Professional Licensure and Certification states adding "shop licensure" to the list of exemptions would reduce license fees and administrative costs as they would no longer need to process applications or inspect individual booths. OPLC states in FY 2022 they received approximately $160,200 in licensing fees for booth licensure. OPLC indicates they would expect a minimum reduction of the same amount of revenue brought in for booth licensure in FY 2024 and forward coupled with an indeterminable reduction in State expenditures.

AGENCIES CONTACTED:

Office of Professional Licensure and Certification