New Jersey-2014-S3123-Introduced

An Act requiring inspection of certain licensed shops by the New Jersey State Board of Cosmetology and Hairstyling, and amending and supplementing P.L.1984, c.205.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 6 of P.L.1984, c.205 (C.45:5B-6) is amended to read as follows:

6. The board shall:

a. Review the qualifications of applicants for licensure;

b. Devise examinations for licensure which include practical and written portions;

c. Administer and grade examinations or employ competent examiners to administer and grade examinations but in no case shall the board permit a person having any affiliation with a licensed school to examine or grade an applicant who has been a registered student at the school with which the examiner has an affiliation;

d. Issue and renew licenses of any cosmetologist-hairstylist, beautician, barber, manicurist, skin care specialist, teacher, shop, or school;

e. Issue student permits to senior students, which permits shall remain valid during the period that the student is registered at a licensed school or enrolled in an approved vocational training program;

f. Issue temporary permits to applicants for licensure who are awaiting scheduling for or results from an examination;

g. Issue registration cards to registered students;

h. Suspend, revoke or refuse to renew a license and exercise investigative powers pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.);

i. Appoint and employ an executive director and an assistant executive director subject to the approval of the Attorney General, and other employees as necessary to carry out the provisions of [this act] P.L.1984, c.205 (C.45:5B-1 et seq.);

j. Determine the duties that the executive director and the assistant executive director shall perform;

k. File with the Attorney General a petition to remove any executive director or assistant executive director for cause, which petition shall be acted upon by the Attorney General in a manner which he deems appropriate;

l. Establish fees for initial licensure, permits, renewals and restoration of licenses as well as for duplication of lost licenses pursuant to section 2 of P.L.1974, c.46 (C.45:1-3.2);

m. Maintain records of all practicing licensees and all licensed teachers. Records shall include the latest work address of each licensee, as provided on applications for licensure and renewals thereof;

n. Maintain a record of all registered students and all persons holding student permits;

o. Maintain a record of all shops licensed by the board to offer one or more of the services encompassed within the definition of cosmetology and hairstyling;

p. Maintain a record of all schools licensed by the board to offer courses of instruction or training in the practice and theory of cosmetology and hairstyling, beauty culture, barbering, manicuring and skin care specialty to registered students, which courses shall be approved by the board for the awarding of credit for licensure;

q. Make available for public inspection all records required to be kept pursuant to this section;

r. Promulgate regulations governing the practice and teaching of cosmetology and hairstyling, beauty culture, barbering, manicuring and skin care specialty as are necessary to implement this act and to insure that cosmetology and hairstyling services and instruction in those services are being offered both in a manner which is sanitary and safe and in a manner which is not intended to deceive or mislead the general public;

s. Promulgate regulations governing the conduct of shops and schools as are necessary to implement [this act] P.L.1984, c.205 (C.45:5B-1 et seq.) and to assure that cosmetology and hairstyling services and instruction in those services are being offered both in a manner that is sanitary and safe, and in a manner not intended to deceive or mislead the general public, students of the schools, or organizations awarding financial aid to the students and to clarify or define any term used in [the act] P.L.1984, c.205 (C.45:5B-1 et seq.) and to define any activity included in hairstyling and cosmetology, beauty culture, barbering, manicuring and skin care specialty;

t. Review curricula offered by licensed schools in courses of instruction offered to registered students and approve those curricula which offer comprehensive training in cosmetology and hairstyling, beauty culture, barbering, manicuring and skin care specialty;

u. Direct the conduct of inspections or investigations of all licensed shops and schools, including the inspection of licensed shops that offer manicuring services as required pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill);

v. Direct the conduct of inspections or investigations of any premises from which the board may have reason to believe that cosmetology and hairstyling, beauty culture, barbering, manicuring and skin care specialty services are being offered, or that courses of instruction are being offered to registered students; [and]

w. Establish criteria and standards for education and experience required for licensure;

x. Require, and promulgate regulations concerning, the use of personal protective equipment by a manicurist, a senior student that performs or renders manicuring services, and any other person employed by the owner of a licensed shop that offers manicuring services. The personal protective equipment shall include, but not be limited to: gloves, face masks, goggles, and ventilating fans or other ventilation systems. The personal protective equipment shall be used any time a manicurist, senior student, or other person employed by the owner of a licensed shop that offers manicuring services is using or working with harmful substances, including, but not limited to: acetone, dibutyl phthalate, toluene, or formaldehyde; and

y. Require the owner of a licensed shop that offers manicuring services to post a highly visible and conspicuously placed notice informing every manicurist, senior student that performs or renders manicuring services, and any other person employed by the owner of the licensed shop of the rights provided under P.L.1984, c.205 (C.45:5B-1 et seq.), the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.), and P.L.1965, c.173 (C.34:11-4.1 et seq.). The notice shall be available in multiple languages so that it is accessible to persons with limited English proficiency. The notice shall include telephone numbers for persons to report complaints to representatives of the board and representatives of the Department of Labor and Workforce Development. The board, in consultation with the Department of Labor and Workforce Development, shall promulgate regulations concerning the posting and content of the notice, and the languages in which the notice will be made available.

(cf: P.L.2009, c.162, s.4)

2. (New section) a. The board shall conduct a random inspection of` five percent of the licensed shops that offer manicuring services, on an annual basis, for purposes of enforcing the provisions of the "Cosmetology and Hairstyling Act of 1984," P.L.1984, c.205 (C.45:5B-1 et seq.). The board shall assess a fee on the owner of the licensed shop being inspected in an amount not to exceed the cost of the inspection. The inspection shall consist of an on-site visit to a licensed shop to:

(1) verify that any manicurist, senior student that performs or renders manicuring services, or other person employed by the owner of the licensed shop is using the personal protective equipment required pursuant to subsection x. of section 6 of P.L.1984, c.205 (C.45:5B-6);

(2) verify that any person performing or rendering manicuring services in the licensed shop is licensed by the board and is displaying the license in the manner required pursuant to P.L.1984, c.205 (C.45:5B-1 et seq.);

(3) verify that the license of the licensed shop is displayed in the manner required pursuant to P.L.1984, c.205 (C.45:5B-1 et seq.);

(4) interview every manicurist, senior student that performs or renders manicuring services, and any other person employed by the owner of the licensed shop with respect to the wage and hour practices of the owner of the licensed shop and notify the Department of Labor and Workforce Development of any suspected violations of the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.) or P.L.1965, c.173 (C.34:11-4.1 et seq.);

(5) inform every manicurist, senior student that performs or renders manicuring services, and any other person employed by the owner of the licensed shop of their rights under P.L.1984, c.205 (C.45:5B-1 et seq.), P.L.1966, c.113 (C.34:11-56a et seq.), and P.L.1965, c.173 (C.34:11-4.1 et seq.);

(6) verify that the notice of rights is posted in a highly visible and conspicuous place as required pursuant to subsection y. of section 6 of P.L.1984, c.205 (C.45:5B-6);

(7) cite the owner of the shop for any violations of P.L.1984, c.205 (C.45:5B-1 et seq.); and

(8) obtain any other information as is reasonably necessary for the administration and enforcement of P.L.1984, c.205 (C.45:5B-1 et seq.) or P.L. , c. (C. ) (pending before the Legislature as this bill).

b. Upon an inspection resulting in the determination of a violation of any provision of P.L.1984, c.205 (C.45:5B-1 et seq.) by the owner of a licensed shop that offers manicuring services, the license of the owner of the licensed shop shall be suspended for a period of up to one week, as determined by the board.

3. This act shall take effect immediately.

STATEMENT

This bill requires the New Jersey State Board of Cosmetology and Hairstyling to enforce safety and health standards for persons working in licensed shops that provide manicuring services, commonly referred to as "nail salons." The bill also directs the board to conduct inspections of nail salons for purposes of enforcing the provisions of the "Cosmetology and Hairstyling Act of 1984," P.L.1984, c.205 (C.45:5B-1 et seq.) and the provisions of this bill.

The bill amends the "Cosmetology and Hairstyling Act of 1984" to require the use of personal protective equipment by any manicurist, senior student that performs or renders manicuring services, and person employed by the owner of a nail salon. The personal protective equipment must include, but is not limited to, gloves, face masks, goggles, or ventilating fans or other ventilation systems. The personal protective equipment must be used at any time the manicurist, senior student, or person employed by the owner of the nail salon is using or working with harmful substances, including but not limited to acetone, dibutyl phthalate, toluene, or formaldehyde.

The bill also requires the owner of a nail salon to post a highly visible and conspicuously placed notice informing every manicurist, senior student, and person employed by the owner of the nail salon of the rights provided under the "Cosmetology and Hairstyling Act of 1984," the "New Jersey State Wage and Hour Law," and the State's wage payment law. The notice must be available in multiple languages so that it is accessible to persons with limited English proficiency. The notice will also include telephone numbers for representatives of the board and representatives of the Department of Labor and Workforce Development to report complaints. The board, in consultation with the Department of Labor and Workforce Development, must promulgate regulations concerning the posting and content of the notice, and the languages in which the notice will be made available.

The bill requires the board to conduct a random inspection of` five percent of nail salons, on an annual basis, for purposes of enforcing the provisions of the "Cosmetology and Hairstyling Act of 1984." The board will assess a fee on the owner of the nail salon being inspected in an amount not to exceed the cost of the inspection. The inspection will consist of an on-site visit to a nail salon to:

(1) verify that any manicurist, senior student that performs or renders manicuring services, or person employed by the owner of the nail salon is using the personal protective equipment required under this bill;

(2) verify that any person performing or rendering manicuring services in the nail salon is licensed by the board and is displaying the license in the manner required;

(3) verify that the license of the nail salon is displayed in the manner required;

(4) interview every manicurist, senior student that performs or renders manicuring services, and person employed by the owner of the nail salon with respect to the wage and hour practices of the owner and notify the Department of Labor and Workforce Development of suspected violations of the "New Jersey State Wage and Hour Law" and the State's wage payment law;

(5) inform every manicurist, senior student that performs or renders manicuring services, and person employed by the owner of the nail salon of their rights under the "Cosmetology and Hairstyling Act of 1984," the "New Jersey State Wage and Hour Law,' and the State's wage payment law;

(6) verify that the notice of rights is posted in a highly visible and conspicuous place as required under this bill;

(7) cite the owner of the shop for any violations of the "Cosmetology and Hairstyling Act of 1984"; and

(8) obtain any other information as is reasonably necessary for the administration and enforcement of the "Cosmetology and Hairstyling Act of 1984" and the provisions of this bill.

Finally, upon an inspection resulting in the determination of a violation of any provision of the "Cosmetology and Hairstyling Act of 1984" by the owner of a nail salon, the license of the owner of the nail salon will be suspended for a period of up to one week, as determined by the board.