Bill Text: NJ A2831 | 2020-2021 | Regular Session | Introduced
Bill Title: Requires cosmetology and hairstyling licensees to complete domestic violence and sexual assault awareness education.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-20 - Introduced, Referred to Assembly Regulated Professions Committee [A2831 Detail]
Download: New_Jersey-2020-A2831-Introduced.html
Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
Requires cosmetology and hairstyling licensees to complete domestic violence and sexual assault awareness education.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning cosmetology and hairstyling and amending 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;
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, hair braiding 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, hair braiding 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, including, but not limited to, regulations that ensure that all schools offer instruction on cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding and skin care specialty by instructors who are knowledgeable in the practice and teaching of cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding and skin care specialty, as the case may be, 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 and to define any activity included in hairstyling and cosmetology, beauty culture, barbering, manicuring, hair braiding 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, hair braiding and skin care specialty;
u. Direct the conduct of inspections or investigations of all licensed shops and schools;
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, hair braiding 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, which shall include domestic violence and sexual assault awareness education for registered students and practicing licensees. The board shall prescribe regulations regarding the requirements for, and the approval of providers of, domestic violence and sexual assault awareness education.
(cf: P.L.2018, c.126, s.3)
2. Section 16 of P.L.1984, c.205 (C.45:5B-16) is amended to read as follows:
16. Each applicant for initial licensure as a practicing licensee shall submit to the board satisfactory evidence, on forms as the board requires, that he:
a. Is of good moral character;
b. Is at least 17 years of age;
c. Does not have any communicable, contagious or infectious 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; [and]
d. Has successfully completed high school or has successfully passed an examination developed by the General Education Development (GED) Testing Service; and
e. Has completed one hour of instruction related to domestic violence and sexual assault awareness education. For the duration of an initial licensing period, an applicant for initial licensure who becomes a practicing licensee, or the employer of an applicant who becomes a practicing licensee, shall not be civilly or criminally liable for acting in good faith or failing to act on information obtained during the course of employment concerning potential domestic violence or sexual assault.
(cf: P.L.2018, c.126, s.14)
3. Section 34 of P.L.1984, c.205 (C.45:5B-34) is amended to read as follows:
34. a. All practicing licenses and teachers' licenses issued shall be renewable on a biennial basis on a date determined by the board.
b. All practicing licensees shall complete one hour of instruction related to domestic violence and sexual assault awareness education for every biennial license renewal period. A practicing licensee, or the practicing licensee's employer, shall not be civilly or criminally liable for acting in good faith or failing to act on information obtained during the course of employment concerning potential domestic violence or sexual assault.
(cf: P.L.2009, c.162, s.25)
4. This act shall take effect immediately.
STATEMENT
This bill requires any person who holds a license to practice cosmetology and hairstyling, barbering, beauty culture, manicuring, hair braiding, or skin care specialty to complete one hour of domestic violence and sexual assault awareness education prior to initial licensure and prior to any subsequent licensure renewal. The bill also requires the New Jersey State Board of Cosmetology and Hairstyling to establish criteria and standards for domestic violence and sexual assault awareness education for registered students of a licensed school of cosmetology and hairstyling and practicing licensees. The board will prescribe regulations regarding the requirements for, and the approval of providers of, domestic violence and sexual assault awareness education.
Pursuant to the provisions of the bill, a practicing licensee or the practicing licensee's employer, whether during the period of initial licensure or during any biennial renewal period, will not be civilly or criminally liable for acting in good faith or failing to act on information obtained during the course of employment concerning potential domestic violence or sexual assault.
