Bill Text: NJ S859 | 2012-2013 | Regular Session | Introduced
Bill Title: Exempts persons engaged in braiding hair from cosmetology-hairstyling licensing requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced in the Senate, Referred to Senate Commerce Committee [S859 Detail]
Download: New_Jersey-2012-S859-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator SANDRA B. CUNNINGHAM
District 31 (Hudson)
SYNOPSIS
Exempts persons engaged in braiding hair from cosmetology-hairstyling licensing requirements.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning an exemption from cosmetology-hairstyling licensing requirements 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 done on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when done for payment either directly or indirectly or when done without payment for the general public:
(1) shaving or trimming of the beard, mustache or other facial hair;
(2) shampooing, cutting, arranging, relaxing or styling of the hair;
(3) singeing or dyeing 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 done on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when done for payment either directly or indirectly or when done without payment for the general public:
(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 or 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 done on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when done for payment either directly or indirectly or when done without payment for the general public:
(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, but not the twisting, wrapping, weaving, extending, locking or braiding of hair performed without application of dyes or reactive chemicals;
(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.
k. "Manicurist" means a person who holds a limited license to engage in only the practice of manicuring.
l. "Manicuring" means any one or combination of the following practices when done on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when done for payment directly or indirectly or when done without payment for the general public:
(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.
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 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.
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 to registered students.
r. "Senior student" means a registered student who has successfully completed 600 hours of instruction in a cosmetology and hairstyling program, 150 hours of instruction in a manicuring program or 300 hours of instruction in a skin care specialty program offered at a licensed school of cosmetology and hairstyling or a student enrolled in an approved vocational training program who has completed 600 hours of instruction in a cosmetology and hair styling program, 150 hours of instruction in a manicuring program or 300 hours of instruction in a skin care specialty program.
s. "Student permit" means a permit issued to a senior student which enables him to practice cosmetology and hairstyling 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 or 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.
v. "Temporary permit" means a permit issued to applicants for licensure awaiting scheduling or results of an examination.
w. "Manicurist student permit" means a permit issued to a senior student in a manicuring program which enables him to practice manicuring in a school clinic or shop while a registered student at a licensed school of cosmetology and hairstyling or enrolled in an approved vocational program.
x. "Skin care specialist" means a person who holds a limited 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 done on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when performed for payment either directly or indirectly or when performed without payment for the general public:
(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. "Skin care
specialty student permit" means a permit issued to a senior student in a
skin care specialty program which enables him to practice skin care in a school
clinic or shop while a
registered student at a licensed school of cosmetology and hairstyling or
enrolled in an approved vocational program.
(cf: P.L.2000, c.159, s.1)
2. This act shall take effect immediately.
STATEMENT
The "Cosmetology and Hairstyling Act of 1984" provides a regulatory and licensing mechanism for the practice of cosmetology and hairstyling. This bill amends the "Cosmetology and Hairstyling Act of 1984" to exempt from its provisions persons engaged in twisting, wrapping, weaving, extending, locking or braiding of hair performed without application of dyes or reactive chemicals.
