Bill Text: NJ S407 | 2018-2019 | Regular Session | Introduced
Bill Title: Exempts certain persons providing hair braiding or eyebrow threading services from licensure requirement.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-01-09 - Introduced in the Senate, Referred to Senate Commerce Committee [S407 Detail]
Download: New_Jersey-2018-S407-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Senator JOSEPH PENNACCHIO
District 26 (Essex, Morris and Passaic)
Senator ROBERT M. GORDON
District 38 (Bergen and Passaic)
SYNOPSIS
Exempts certain persons providing hair braiding or eyebrow threading services from licensure requirement.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning licensure requirements for certain cosmetology and hairstyling practices and amending P.L.1984, c.205.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1984, c.205 (C.45:5B-3) is amended to read as follows:
3. As used in this act:
a. "Barber" means any person who is licensed to engage in any of the practices encompassed in barbering.
b. "Barbering" means any one or combination of the following practices when performed on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when performed for the general public, primarily for male customers:
(1) shaving or trimming of the beard, mustache or other facial hair;
(2) shampooing, cutting, arranging, relaxing or styling of the hair;
(3) singeing, dyeing, tinting, coloring, bleaching of the hair;
(4) applying cosmetic preparations, antiseptics, tonics, lotions or creams to the hair, scalp, face or neck;
(5) massaging, cleansing or stimulating the face, neck or scalp with or without cosmetic preparations, either by hand, mechanical or electrical appliances; or
(6) cutting, fitting, coloring or styling of hairpieces or wigs, to the extent that the services are performed while the wig is being worn by a person.
"Barbering" shall not mean the practice of hair braiding or eyebrow threading when performed for the general public.
c. "Beautician" means any person who is licensed to engage in any of the practices encompassed in beauty culture.
d. "Beauty culture" means any one or combination of the following practices when performed on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when performed for the general public, primarily for female customers:
(1) shampooing, cutting, arranging, dressing, relaxing, curling, permanent waving or styling of the hair;
(2) singeing, dyeing, tinting, coloring, bleaching of the hair;
(3) applying cosmetic preparations, antiseptics, tonics, lotions, creams or makeup to the hair, scalp, face, neck or upper part of the body;
(4) massaging, cleansing, or stimulating the face, scalp, neck or upper part of the body, with or without cosmetic preparations either by hand, mechanical or electrical appliances;
(5) removing superfluous hair from the face, neck, arms, legs or abdomen by the use of depilatories, waxing or tweezers, but not by the use of electrolysis;
(6) manicuring the fingernails, nail-sculpturing or pedicuring the toenails; or
(7) cutting, fitting, coloring or styling of hairpieces or wigs to the extent that the services are performed while the wig is being worn by a person.
"Beauty culture" shall not mean the practice of hair braiding or eyebrow threading when performed for the general public.
e. "Board" means the New Jersey State Board of Cosmetology and Hairstyling.
f. "Board of Barber Examiners" means the State Board of Barber Examiners established pursuant to P.L.1938, c.197 (C.45:4-27 et seq.).
g. "Board of Beauty Culture Control" means the Board of Beauty Culture Control established pursuant to Chapter 4A of Title 45 of the Revised Statutes.
h. "Clinic" means a designated portion of a licensed school in which members of the general public may receive cosmetology and hairstyling services from registered students in exchange for a fee which shall be calculated to recoup only the cost of materials used in the performance of those services.
i. "Cosmetologist-hairstylist" means any person who is licensed to engage in the practices encompassed in cosmetology and hairstyling.
j. "Cosmetology and hairstyling" means any one or combination of the following practices when performed on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when performed for the general public, for male or female customers:
(1) shaving or trimming of the beard, mustache or other facial hair;
(2) shampooing, cutting, arranging, dressing, relaxing, curling, permanent waving or styling of the hair;
(3) singeing, dyeing, tinting, coloring, bleaching of the hair;
(4) applying cosmetic preparations, antiseptics, tonics, lotions, creams or makeup to the hair, scalp, face or neck;
(5) massaging, cleansing or stimulating the face, neck or upper part of the body, with or without cosmetic preparations, either by hand, mechanical or electrical appliances;
(6) removing superfluous hair from the face, neck, arms, legs or abdomen by the use of depilatories, waxing or tweezers, but not by the use of electrolysis;
(7) manicuring the fingernails, nail-sculpturing or pedicuring the toenails;
(8) cutting, fitting, coloring or styling of hairpieces or wigs to the extent that the services are being performed while the wig is being worn by a person[; or] .
(9) [hairweaving to the extent that the procedure does not involve the replacement of human hair by means of the insertion of any natural or synthetic fiber hair into the scalp.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
"Cosmetology and hairstyling" shall not mean the practice of hair braiding or eyebrow threading when performed for the general public.
k. "Manicurist" means a person who holds a license to engage in only the practice of manicuring.
l. "Manicuring" means any one or combination of the following practices when performed on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when performed for the general public, for male or female customers:
(1) manicuring of the fingernails;
(2) pedicuring of the toenails;
(3) nail sculpturing; or
(4) removing superfluous hair from the face, neck, arms, legs or abdomen by the use of depilatories, waxing or tweezers, but not by the use of electrolysis.
"Manicuring" shall not mean the practice of hair braiding or eyebrow threading when performed for the general public.
m. "Owner" means any person, corporation, firm or partnership who has a financial interest in a school or shop entitling him to participate in the promotion, management and proceeds thereof. It does not include a person whose connection with a school or shop entitles him only to reasonable salary or wages for services actually rendered.
n. "Practicing licensee" means any person who holds a license to practice barbering, beauty culture, cosmetology and hairstyling, manicuring or as a skin care specialist.
o. "Registered student" means a person who is engaged in learning and acquiring a knowledge of any of the practices included in the definition of cosmetology and hairstyling, including beauty culture, barbering, manicuring and skin care specialty, under the direction and supervision of a person duly authorized under this act to teach cosmetology and hairstyling and who is enrolled in a program of instruction at a licensed school of cosmetology and hairstyling, completion of which may render him eligible for licensure pursuant to this act but does not mean a person who is enrolled in a public school vocational program in cosmetology and hairstyling approved by the State Board of Education or in any other cosmetology and hairstyling program approved by the State Board of Education.
p. "Registration card" means a document issued by the board to a registered student upon receipt of documentation from a licensed school of cosmetology and hairstyling that the student is enrolled.
q. "School" means an establishment or place licensed by the board to be maintained for the purpose of teaching cosmetology and hairstyling, beauty culture, barbering, manicuring or skin care specialty to registered students.
r. "Senior student" means a registered student who has successfully completed one-half of the total hours of instruction required for licensure as a cosmetologist-hairstylist, beautician, barber, manicurist or skin care specialist in a licensed school of cosmetology and hairstyling, as determined by the board pursuant to regulation, or in any public school vocational training program approved by the State Board of Education.
s. "Student permit" means a permit issued to a senior student which enables him to practice cosmetology and hairstyling, beauty culture, barbering, manicuring or skin care specialty, as appropriate, based on the course of instruction in which the student is enrolled, in a school clinic or shop while a registered student at a licensed school of cosmetology and hairstyling or enrolled in an approved vocational training program.
t. "Shop" means any fixed establishment or place where one or more persons engage in one or more of the practices included in the definition of cosmetology and hairstyling, barbering, beauty culture, manicuring or skin care specialty.
u. "Teacher" means any person who is licensed by the board to give instruction or training in the theory or practice of cosmetology and hairstyling, beauty culture, barbering, manicuring or skin care specialty.
v. "Temporary permit" means a permit issued to applicants for licensure awaiting scheduling or results of an examination.
w. (Deleted by amendment, P.L.2009, c.162)
x. "Skin care specialist" means a person who holds a license to engage in only the practices included in the definition of skin care specialty.
y. "Skin care specialty" means any one or combination of the following practices when performed on the male or female human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when performed for the general public, primarily for male customers:
(1) applying cosmetic preparations, antiseptics, tonics, lotions, creams or makeup to the scalp, face or neck;
(2) massaging, cleansing or stimulating the face, neck or upper part of the body, with or without cosmetic preparations, either by hand, mechanical or electrical appliances; or
(3) removing superfluous hair from the face, neck, arms, legs or abdomen by the use of depilatories, waxing or tweezers, but not by the use of electrolysis.
"Skin care specialty" shall not mean the practice of hair braiding or eyebrow threading when performed for the general public.
z. (Deleted by amendment, P.L.2009, c.162)
aa. "Eyebrow threading" means the method of removing hair from the eyebrows by using cotton thread to pull hair from follicles without the use of chemicals, heat, or any type of wax. "Eyebrow threading" may include the use of over-the-counter astringents, gels and powders, and tweezers and scissors incidental to threading.
bb. "Hair braiding" means the twisting, wrapping, weaving, extending, locking, or braiding of hair by hand or with mechanical devices. "Hair braiding" may include the use of: natural or synthetic hair extensions or fibers, decorative beads, and other hair accessories; minor trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking, or braiding hair; making of wigs from natural hair, natural or synthetic fibers, and hair extensions; and the use of topical agents in conjunction with performing hair braiding, including conditioners, gels, moisturizers, oils, pomades, and shampoos.
(cf: P.L.2009, c.162, s.1)
2. Section 7 of P.L.1984, c.205 (C.45:5B-7) is amended to read as follows:
7. No person shall render any of the services encompassed within the definition of cosmetology and hairstyling, beauty culture, barbering, manicuring and skin care specialty services, without first having secured a license from the board which permits the offering of that service in accordance with the authority provided by the license, except for the following persons when acting within the scope of their profession or occupation:
a. Persons authorized by the laws of this State to practice medicine and surgery, dentistry, chiropractic and acupuncture;
b. Registered nurses, licensed practical nurses, nurses' aides, physical therapists, physical therapy assistants, and other licensed health care professionals;
c. Personnel employed by, and providing services in facilities regulated by, the United States Department of Veterans Affairs or the United States Department of Defense;
d. Persons employed to render cosmetology and hairstyling services in the course of and incidental to the business of employers engaged in the theatrical, radio, television or motion picture production industries, modeling or photography;
e. Persons employed to demonstrate, recommend or administer cosmetic preparations, lotions, creams, makeup or perfume intended for home use for the purposes of effecting retail sales if those persons neither accept payment from the consumer for that demonstration nor make the demonstration contingent upon the purchase of any product or service; [or]
f. Senior students holding a student permit; provided that those services are rendered in a school clinic or licensed shop during hours that the student does not have scheduled classes; or
g. Persons who provide hair braiding or eyebrow threading services when performed for the general public for compensation.
(cf: P.L.2009, c.162, s.5)
3. This act shall take effect immediately.
STATEMENT
This bill exempts persons who provide hair braiding or eyebrow threading services from the licensure requirements under the "Cosmetology and Hairstyling Act of 1984," P.L.1984, c.205 (C.45:5B-1 et seq.). Currently, any person who provides any of the services encompassed within the definition of cosmetology and hairstyling, beauty culture, barbering, manicuring or skin care specialty services must secure a license from the New Jersey State Board of Cosmetology and Hairstyling. This bill removes the practices of hair braiding and eyebrow threading from those definitions, and exempts persons who provide hair braiding or eyebrow threading services, when performed for the general public for compensation, from the licensure requirement.
The bill defines "eyebrow threading" as the method of removing hair from the eyebrows by using cotton thread to pull hair from follicles without the use of chemicals, heat, or any type of wax. "Eyebrow threading" may include the use of over-the-counter astringents, gels and powders, and tweezers and scissors incidental to threading. The bill also defines "hair braiding" as the twisting, wrapping, weaving, extending, locking, or braiding of hair by hand or with mechanical devices. "Hair braiding" may include the use of: natural or synthetic hair extensions or fibers, decorative beads, and other hair accessories; minor trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking, or braiding hair; making of wigs from natural hair, natural or synthetic fibers, and hair extensions; and the use of topical agents in conjunction with performing hair braiding, including conditioners, gels, moisturizers, oils, pomades, and shampoos.
