Bill Text: NJ S3227 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes licensure for cosmetic retail services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-13 - Introduced in the Senate, Referred to Senate Commerce Committee [S3227 Detail]
Download: New_Jersey-2024-S3227-Introduced.html
Sponsored by:
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
Establishes licensure for cosmetic retail services.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning shops licensed 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 3 of P.L.1984, c.205 (C.45:5B-3) is amended to read as follows:
3. As used in P.L.1984, c.205 (C.45:5B-1 et seq.):
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.
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.
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 senior students in exchange for a fee. The clinic shall clearly post the fees for the cosmetology and hairstyling services and provide notice to consumers that the services provided in the clinic are performed by senior students under the supervision of licensed instructors.
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.
(9) (Deleted by amendment, P.L.2018, c.126)
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.
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. "Owner" shall also mean any person, corporation, firm or partnership who has a financial interest in a hair braiding shop entitling the person, corporation, firm or partnership to participate in the promotion, management and proceeds thereof.
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 P.L.1984, c.205 (C.45:5B-1 et seq.) 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 P.L.1984, c.205
(C.45:5B-1 et seq.) 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, hair braiding 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, mobile facility, 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, hair braiding 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.
z. (Deleted by amendment, P.L.2009, c.162)
aa. "Hair braider" or "hair braiding specialist" means a person who holds a license to engage in only the practice of hair braiding.
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.
cc. (Deleted by amendment, P.L.2023, 231)
dd. "Mobile facility" means a shop capable of being moved from one place to another as or by a motor vehicle that shall be properly registered, insured, and inspected in accordance with all applicable motor vehicle laws and regulations and in compliance with all appropriate municipal laws and regulations including, but not limited to, licensing and land use approvals and permits, if applicable.
ee. "Chair or booth rental" means a business arrangement entered into by a written contract whereby a practicing licensee rents or leases a chair or booth from the owner of a licensed shop.
ff. "Limited cosmetic retail service license" means a license issued to a cosmetic retail service establishment for the purposes of providing cosmetic retail services in exchange for compensation for the services pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
gg. "Cosmetic retail service establishment" means any fixed retail establishment of at least 750 square feet, wherein the primary business conducted is the offering for sale to the general public of skincare, hair care, makeup, and cosmetic products and which provides services to consumers to include: cosmetic preparations, antiseptics, tonics, lotions, creams, or makeup for application to the hair, scalp, face, neck, fingernails, toenails, or other parts of the body, and tools or small appliances attendant to beauty culture.
hh. "Cosmetic retail services" means the provision of any one or combination of the following practices by a licensed skin care specialist: (1) applying cosmetic preparations, antiseptics, tonics, lotions, creams or makeup to the face or neck; (2) massaging, cleansing or stimulating the face or neck, with or without cosmetic preparations, either by hand, mechanical or electrical appliances; or (3) removing superfluous hair from the face or neck by the use of depilatories, waxing or tweezers, but not by the use of electrolysis.
(cf: P.L.2023, c.231, s.1)
2. Section 8 of P.L.1984, c.205 (C.45:5B-8) is amended to read as follows:
8. No person shall offer or render any of the services encompassed within the definition of cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [and], skin care specialty services, and cosmetic retail services in a place which is not licensed as a shop or school, except that a practicing licensee, duly licensed pursuant to [this act] P.L.1984, c.205 (C.45:5B-1 et seq.), may render the services which he is licensed to offer:
a. Upon patients in hospitals, nursing homes, and other licensed health care facilities;
b. Upon inmates and residents of institutions of the Department of Corrections or the Department of Human Services;
c. Upon a person with a disability in the person's place of residence, if the practicing licensee is sponsored by a licensed shop and a record of those services is maintained by that shop;
d. Upon performers or models, prior to, in anticipation of or during a performance; or
e. Upon potential consumers of cosmetic preparations, lotions, creams, makeup or perfume which are intended for home use if the application of the product is made for the purposes of effecting a retail sale and the person neither accepts payment from the consumer for the service, nor makes the provision of the service contingent upon the purchase of any product or service.
Nothing contained in this section shall be construed to preclude a student enrolled in a school of cosmetology and hairstyling licensed in this State, or in a public school approved by the State Board of Education to offer a vocational program in cosmetology and hairstyling, or a student enrolled in a cosmetology and hairstyling program approved by the State Board of Education, from engaging in any activities incident to the instruction provided in such school or program.
(cf: P.L.2021, c.275, s.2)
3. Section 9 of P.L.1984, c.205 (C.45:5B-9) is amended to read as follows:
9. a. No person, firm, corporation, partnership or other legal entity shall operate, maintain or use premises for the offering of or rendering of any one or more of the services encompassed in the definition of cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding, [and] skin care specialty, and cosmetic retail services without first having secured a shop license from the board.
b. No licensed shop owner shall permit any person:
(1) to be in the shop owner's employ;
(2) under the shop owner's supervision or control; or
(3) as an independent contractor in the shop; and
practice cosmetology, hairstyling, or other ancillary services who does not possess the appropriate requisite license or registration issued by the board.
(cf: P.L.2023, c.231, s.8)
4. Section 11 of P.L.1984, c.205 (C.45:5B-11) is amended to read as follows:
11. A shop licensed by the board shall employ at least one experienced practicing licensee to generally oversee the management of the shop. The practicing licensee shall:
a. Hold a cosmetologist-hairstylist license and have three years of experience as a cosmetologist-hairstylist; or
b. (1) If the shop performs only beauty culture services, hold a cosmetologist-hairstylist or beauty culture license and have three years of experience as a cosmetologist-hairstylist or beautician; or
(2) If the shop performs only barbering services, hold a cosmetologist-hairstylist or barbering license and have three years of experience as a cosmetologist-hairstylist or barber; or
c. If the shop performs only manicuring services, hold a cosmetologist-hairstylist, beautician or manicurist license and have three years of experience as a cosmetologist-hairstylist, beautician or manicurist; or
d. If a shop performs only skin care specialty services or cosmetic retail services, hold a cosmetologist-hairstylist, beautician or skin care specialty license and have three years of experience as a cosmetologist-hairstylist, beautician or skin care specialist; or
e. If a shop performs only hair braiding services, hold a cosmetologist-hairstylist, beautician or hair braiding license and have three years of experience as a cosmetologist-hairstylist, beautician or hair braiding specialist.
A shop which satisfies the requirements of this section by employing a practicing licensee who holds a beautician, barber, manicuring, hair braiding or skin care specialty license is precluded from employing senior students other than those being trained in the practice for which the practicing licensee holds a license unless the shop also employs a practicing licensee who holds a license as a cosmetologist-hairstylist and has at least three years of experience as a cosmetologist-hairstylist.
(cf: P.L.2018, c.126, s.8)
5. Section 12 of P.L.1984, c.205 (C.45:5B-12) is amended to read as follows:
12. In addition to any practice declared unlawful pursuant to P.L.1978, c.73 (C.45:1-14 et seq.), it shall be unlawful for any person to engage in the following practices:
a. Advertise in a manner which would tend to mislead consumers of cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [or], skin care specialty services, or cosmetic retail services;
b. Advertise, practice or attempt to practice under another's name or trade name;
c. Continue to practice while knowingly having an infectious, contagious or communicable disease which could reasonably be expected to be transmitted during the course of rendering cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding or skin care specialty services;
d. Engage in fraudulent practices for the purpose of securing financial aid from any institution or agency offering that aid to students of cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding or skin care specialty;
e. Aid, abet, or knowingly permit a person not licensed pursuant to [this act] P.L.1984, c.205 (C.45:5B-1 et seq.) to render any of the services encompassed within the definition of cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding or skin care specialty;
f. Fail to display a practicing license at any place at which the licensee renders services; or
g. Engage in one or more of the practices included in the definition of cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [or], skin care specialty services, or cosmetic retail services in premises not licensed as a shop or a school, except as provided in section 8 of [this act] P.L.1984, c.205 (C.45:5B-1 et seq.).
(cf: P.L.2018, c.126, s.9)
6. (New section) a. The board shall issue a limited cosmetic retail service license to a cosmetic retail service establishment provided that the premises shall:
(1) comply with the federal "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.);
(2) display a permanent sign indicating the name of the cosmetic retail services establishment, which shall be clearly visible to the general public from the exterior of the shop;
(3) have a minimum of 750 square feet of floor space;
(4) have one lavatory including a toilet, hand washing facilities, and a door;
(5) have one sink basin with hot and cold running water;
(6) have a designated area for cleaning and disinfecting implements and tools;
(7) have one ultrasonic unit for cleaning metal implements and tools;
(8) have a clean, closed receptacle for storage of sanitized implements and tools at each work station;
(9) have a closed container for clean linens;
(10) have a closed container for soiled linens;
(11) have a closed waste container accessible to each work station; and
(12) have a dispensary or place where supplies are prepared and dispensed.
b. A cosmetic retail service establishment licensed by the board pursuant to this section shall be permitted to have one workstation with a chair for the performance of cosmetic retail services for every 750 square feet of retail space the establishment occupies. Not more than one workstation within the premises shall be equipped to perform massaging, cleansing, or stimulating the face or neck by mechanical or electrical appliances.
7. This act shall take
effect immediately.
STATEMENT
This bill amends current law to establish licensure requirements for limited cosmetic retail service licenses to be issued to cosmetic retail service establishments. The license will allow qualifying establishments to offer certain skin care services, defined in the bill as cosmetic retail services, which include the services allowed by law to be performed by a licensed skin care specialist.
At present, a cosmetics retailer is prohibited from offering any paid services unless it separates from the floor space of a retail facility at least 350 square feet of space for two customer chairs and an additional 50 square feet of space for each additional chair. These are the same requirements for full service salons. Under the bill, a limited cosmetic retail service establishment will be allowed to consider the entire square footage of the store for the purpose of licensure and will be allowed one chair for every 750 square feet of retail space.
The beauty and cosmetics industry employs a large number of New Jersey residents and is critical to the success of retail facilities within the State, such as shopping malls and retail centers. This bill will create new jobs for persons already licensed as skincare specialists, allow those graduating from an approved cosmetology school to have more options for employment, and grow the retail-based economy of New Jersey.
