Bill Text: NJ A5019 | 2020-2021 | Regular Session | Amended


Bill Title: Allows Board of Cosmetology Hairstyling licensees to operate mobile facilities when providing services.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2021-06-24 - Substituted by S2996 (2R) [A5019 Detail]

Download: New_Jersey-2020-A5019-Amended.html

[First Reprint]

ASSEMBLY, No. 5019

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED NOVEMBER 19, 2020

 


 

Sponsored by:

Assemblyman  ANTWAN L. MCCLELLAN

District 1 (Atlantic, Cape May and Cumberland)

Assemblyman  ADAM J. TALIAFERRO

District 3 (Cumberland, Gloucester and Salem)

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

 

Co-Sponsored by:

Assemblymen Simonsen, Bergen, Assemblywomen Murphy, Dunn and Assemblyman Giblin

 

 

 

 

SYNOPSIS

     Allows Board of Cosmetology and Hairstyling licensees to operate mobile facilities when providing services.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Budget Committee on June 21, 2021, with amendments.

  


An Act concerning the practice 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 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.

      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 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, 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.   "Committee" means the Hair Braiding Establishment Advisory Committee established pursuant to section 3 of P.L.2018, c.126.

     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 1laws and regulations including, but not limited to, licensing and1 land use approvals and permits, if applicable.

(cf: P.L.2019, c.334, 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, in a place which is not licensed as a shop or school, except that a practicing licensee, duly licensed pursuant to this act, 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 [an invalid or handicapped] 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.2018, c.126, s.5)

 

     3.    Section 36 of P.L.1984, c.205 (C.45:5B-36) is amended to read as follows:

     36.  a.  A shop or school owner shall notify the board prior to initiating a change of location, a change of ownership, or such other change as the board may determine pursuant to regulation.  The shop or school shall submit to the board an initial application for licensure.  If a change of ownership results from the death or disability of a principal shareholder in a corporation, or partner in a partnership which holds a shop or school license, the new owner shall notify the board within six months after the change has been effected.  For purposes of this section, a change of ownership shall be deemed to have occurred if more than 50% of the outstanding stock or other financial interest is transferred.

     b.  1(1)1  A shop that is a mobile facility shall 1[provide to the board] publish on a website that is accessible to the public1 a 14-day location schedule at least 14 days in advance of the first scheduled date 1[and] .  The mobile facility may make changes to the schedule within the first seven days after posting it to the website.  If the schedule changes after the first seven days, the mobile facility1 shall immediately notify the board of any change to that schedule.

     1(2)  A shop that is a mobile facility shall be equipped with and utilize an automatic vehicle location system to track the location of the vehicle with respect to compliance with the schedule required pursuant to paragraph (1) of this subsection, in such manner as may be established by the board.  For purposes of this paragraph, "automatic vehicle location system" means an automated system, such as a global positioning system, for tracking the geographic location of a motor vehicle and transmitting that location information to an authorized receiving entity, and "global positioning system" means a reporting technology that is monitored by a network of electronic navigation components in which a vehicle may be identified and tracked via satellite.

     (3)   It shall be unlawful for a shop that is a mobile facility to engage in services at a location other than the scheduled location as set forth in the schedule published pursuant to paragraph (1) of this subsection, unless the licensee shall demonstrate good cause for the failure to comply with this requirement.  It shall not be unlawful pursuant to this paragraph for a mobile facility that is parked outside the home of a customer receiving services to not to be at the pre-determined location at the scheduled time.1

(cf: P.L.2009, c.162, s.28)

 

     4.    (New section)  a.  To be licensed as a shop pursuant to section 9 of P.L.1984, c.205 (C.45:5B-9), a mobile facility shall 1comply with the federal "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and additionally shall1 display a permanent sign indicating the name of the shop, which shall be clearly visible to the general public from the exterior of the shop, and shall contain:

     (1)   a minimum of 75 square feet of floor space;

     (2)   one lavatory including a toilet, hand washing facilities, and a door;

     (3)   one shampoo basin with hot and cold running water and a reclining chair;

     (4)   a designated area for cleaning and disinfecting implements and tools;

     (5)   one ultrasonic unit for cleaning metal implements and tools;

     (6)   a clean, closed receptacle for storage of sanitized implements and tools at each work station;

     (7)   a closed container for clean linens;

     (8)   a closed container for soiled linens;

     (9)   a closed waste container accessible to each work station;

     (10)    hair drying facilities or hair drying equipment;

     (11)    a dispensary or place where supplies are prepared and dispensed; and

     (12)    any other equipment necessary to provide the services offered by the shop in a safe and sanitary manner.

     b.    A mobile facility licensed as a manicuring or skin care specialty shop by the board shall be required to have at least one sink in the work area with hot and cold running water but shall be exempt from the requirement for a shampoo basin required pursuant to subsection a. of this section.

     c.     A mobile facility licensed as a barbering shop shall be required to contain at least one chair with an adjustable headrest suitable for performing shaving services.

     d.    A mobile facility shall maintain a stationary position whenever an individual therein is engaged 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.

     1e.   A mobile facility wherein an individual is engaged in one or more of the services included in the definition of cosmetology and hairstyling, barbering, beauty culture, manicuring, hair braiding or skin care specialty shall not operate within 300 feet of a shop licensed by the board to perform such services and that is not a mobile facility unless the mobile facility is:

     (1)   parked outside the home of a customer receiving services;

     (2)   lawfully participating in an event, including, but not limited to, a municipal or county function; or

     (3)   affiliated with the licensed shop.1

 

     15.   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, including but not limited to mobile facilities, 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.1

(cf: P.L.2018, c.126, s.3)

 

     1[5.] 6.1     This act shall take effect 1[immediately] on the first day of the twelfth month following the date of enactment, but the board may take such anticipatory action as shall be necessary for the implementation of this act1.

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