A3891

An Act concerning licensure to provide barbering services, 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, including a license in general 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, and general barbering, 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, or general barber 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, or general barbering, 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, or general barbering.

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, or general barbering.

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

ee. “Barbering apprentice” means a person pursuing in good faith a course of study in the practice of barbering or general barbering under the tutelage, supervision and direction of a person licensed in the same profession for which the apprenticeship is sought, who assists such person in such practice, and who demonstrates completion of courses in sanitation and safety.

ff. “General barber” means a person who is licensed to engage in any of the practices encompassed in general barbering.

gg. “General 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) shampooing, cutting, including clipper cutting, and styling of the hair;

(2) shaving or trimming of the beard, mustache, or other facial hair; and

(3) massaging, cleansing, or stimulating the face.

(cf: P.L.2021, c.275, s.1)

2. 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 and for barbering apprenticeships;

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, general barber, 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, and all certified barbering and general barbering apprentices. 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, and general barbering 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, and general barbering 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, and general barbering by instructors who are knowledgeable in the practice and teaching of cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [and], skin care specialty, and general barbering, 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, and general barbering;

t. Review curricula offered by licensed schools in courses of instruction offered to registered students, and barbering and general barbering apprentices, and approve those curricula which offer comprehensive training in cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [and], skin care specialty, and general barbering;

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, and general barbering 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; and

x. Issue and maintain a register of barbering and general barbering apprenticeship certificates and proof of completion, as determined by the board, of courses in sanitation and safety by barbering and general barbering apprentices.

(cf: P.L.2021, c.275, s.5)

3. 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, hair braiding [and], skin care specialty services, and general barbering, 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 certified as barbering apprentices.

(cf: P.L.2018, c.126, s.4)

4. 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 general barbering, 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 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, or a person certified as a barbering apprentice by the board from engaging in any activities incident to the instruction provided in such school or program.

(cf: P.L.2021, c.275, s.2)

5. Section 9 of P.L.1984, c.205 (C.45:5B-9) is amended to read as follows:

9. 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 general barbering without first having secured a shop license from the board.

(cf: P.L.2018, c.126, s.6)

6. Section 4 of P.L.2021, c.275 (C.45:5B-9.1) is amended to read as follows:

4. 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 comply with the federal "Americans with Disabilities Act of 1990"
(42 U.S.C. s.12101 et seq.) and additionally shall 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 or general 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, or general barbering.

e. 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, or general barbering 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.

(cf: P.L.2021, c.275, s.4)

7. Section 10 of P.L.1984, c.205 (C.45:5B-10) is amended to read as follows:

10. a. No person, firm, corporation, partnership or other legal entity shall operate, maintain or use premises at which courses of instruction in cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [and], skin care specialty, and general barbering services are offered to registered students without first having secured a school license from the board. Nothing herein shall prohibit the offering of educational programs and courses in cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [and], skin care specialty, and general barbering to practicing licensees or teachers at unlicensed premises. However, no course offered at an unlicensed premises shall be recognized by the board in satisfaction of licensure eligibility requirements. All educational programs and courses offered at unlicensed premises shall be conducted by practicing licensees.

b. Nothing in this section shall be construed to prohibit the offering of an approved barbering or general barbering apprenticeship program in a licensed barbering or general barbering shop.

(cf: P.L.2018, c.126, s.7)

8. 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

(3) If the shop performs only general barbering services, hold a cosmetologist-hairstylist, barbering, or general barbering license and have three years of experience as a cosmetologist-hairstylist, barber or general 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, 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, or general barbering 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)

9. 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, including general barbering, manicuring, hair braiding or skin care specialty 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, including general 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, including general barbering, manicuring, hair braiding or skin care specialty;

e. Aid, abet, or knowingly permit a person not licensed pursuant to this act to render any of the services encompassed within the definition of cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [or], skin care specialty, or general barbering;

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, or general barbering in premises not licensed as a shop or a school, except as provided in section 8 of this act.

(cf: P.L.2018, c.126, s.9)

10. Section 14 of P.L.1995, c.82 (C.45:5B-12.1) is amended to read as follows:

14. a. No person shall represent himself or hold himself out as engaging in the practices encompassed in cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [or], skin care specialty, or general barbering, unless licensed under this act.

b. No person shall use the title or designation "cosmetologist-hairstylist," "beautician," "barber," "manicurist," "hair braider or hair braiding specialist[" or], " "skin care specialist["]," or "general barber" or any other title or designation suggesting that the person is a cosmetologist-hairstylist, beautician, barber, manicurist, hair braider [or], skin care specialist or general barber unless licensed under this act, and unless the title or designation corresponds to the license held by the person pursuant to this act.

(cf: P.L.2018, c.126, s.10)

11. Section 13 of P.L.1984, c.205 (C.45:5B-13) is amended to read as follows:

13. 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 a licensed shop or shop owner 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, or general barbering services;

b. Advertise, operate a shop or attempt to operate a shop under another's name or trademark;

c. Knowingly permit any practicing licensee to render services when that licensee has 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, or general barbering;

d. Aid, abet or permit a person not licensed pursuant to this act to render any of the services encompassed within the definition of cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [or], skin care specialty, or general barbering;

e. Maintain a shop in a manner which is unsafe or unsanitary;

f. Fail to display, in a conspicuous place, its shop license; or

g. Fail to employ one person with the required experience as provided in section 11 of this act.

(cf: P.L.2018, c.126, s.11)

12. Section 14 of P.L.1984, c.205 (C.45:5B-14) is amended to read as follows:

14. 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 a licensed school or school owner to engage in the following practices:

a. Advertise in a manner which would tend to mislead potential students or consumers of cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [or], skin care specialty, or general barbering services offered within the school's clinic;

b. Advertise, operate a school or attempt to open a school under another's name or trade name;

c. Permit students to practice upon each other or members of the public while knowingly having an infectious, contagious or communicable disease which could reasonably be expected to be transmitted during the course of teaching or rendering cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [or], skin care specialty, or general barbering services;

d. Permit teachers to demonstrate cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [or], skin care specialty, or general barbering services on students while knowingly having an infectious, contagious or communicable disease which could reasonably be expected to be transmitted during the course of teaching or rendering cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [or], skin care specialty, or general barbering services;

e. Engage in fraudulent practices for the purpose of securing financial aid from any institution or agency offering aid to students of cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [or], skin care specialty, or general barbering;

f. Aid, abet, or permit a person not licensed pursuant to this act to teach any of the services encompassed within the definition of cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [or], skin care specialty, or general barbering to registered students;

g. Maintain any premises from which the practice of cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [or], skin care specialty, or general barbering is offered, or the teaching of cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [or], skin care specialty, or general barbering is offered in a manner which is unsanitary or unsafe;

h. Fail to display, in a conspicuous place, its school license;

i. Fail to maintain accurate records of attendance by any registered student for at least five years after the student's enrollment ends, which records shall be subject to inspection by the board;

j. Fail to notify the board on forms it may prescribe of any student who obtains a leave of absence, fails to attend classes for a period of more than 90 consecutive days or withdraws from school; or

k. Fail to maintain the required bond during all periods of operation.

(cf: P.L.2018, c.126, s.12)

13. Section 15 of P.L.1984, c.205 (C.45:5B-15) is amended so as to read:

15. 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 a licensed teacher to engage in the following practices:

b. Advertise, teach or attempt to open a school under another person's name;

c. Knowingly permit students to practice upon each other or members of the public while 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, or general barbering services;

d. Demonstrate cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [or], skin care specialty, or general barbering services on students 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, or general barbering services;

f. Aid, abet or permit a person not licensed pursuant to this act to teach any of the services included in the definition of cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [or], skin care specialty, or general barbering to registered students;

g. Teach cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [or], skin care specialty, or general barbering in a manner which is unsatisfactory or unsafe;

h. Fail to display in a conspicuous place a valid teacher's license at the school; or

i. Fail to accurately and truthfully record attendance by registered students.

(cf: P.L.2018, c.126, s.13)

14. 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, or general barbering services; and

d. Has successfully completed high school or has successfully passed an examination developed by the General Education Development (GED) Testing Service.

(cf: P.L.2018, c.126, s.14)

15. Section 21 of P.L.1984, c.205 (C.45:5B-21) is amended to read as follows:

21. An applicant seeking initial licensure as a barber to perform all services in the definition of “barbering” in section 3 of P.L.1984, c.205 (C.45:5B-3) shall:

a. (Deleted by amendment, P.L.2009, c.162)

b. (Deleted by amendment, P.L.2009, c.162)

c. (Deleted by amendment, P.L.2009, c.162)

d. Demonstrate successful completion of a course of instruction in barbering consisting of:

(1) Instruction at a school of cosmetology and hairstyling licensed in this State, the curriculum for which shall be established by the board pursuant to regulation; or

(2) A program at a public school approved by the State Board of Education to offer a vocational program in cosmetology and hairstyling or barbering, or other cosmetology and hairstyling or barbering program approved by the State Board of Education; or

(3) Instruction at a school of cosmetology and hairstyling or barbering licensed in another state or a foreign country which, in the opinion of the board, offers curricula which are substantially similar to that offered at licensed schools within the State; and

e. Take and pass an examination conducted by the board, as provided by this act.

f. An applicant may also obtain initial licensure as a barber to perform all services in the definition of “barbering” in section 3 of P.L.1984, c.205 (C.45:5B-3) if the applicant:

(1) demonstrates certification by the board as an apprentice pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill); and

(2) attests, as part of the application for initial licensure on a form determined by the board, to meeting the requirements of the apprenticeship, including completion of courses in sanitation and safety. Attestation that the applicant completed all requirements shall also be required, as part of the application for initial licensure of the applicant, by the supervising barber under whom the applicant for licensure trained as an apprentice.

(cf: P.L.2009, c.162, s.18)

16. Section 25 of P.L.1984, c.205 (C.45:5B-25) is amended to read as follows:

25. To be eligible to obtain a student permit, an applicant shall submit to the board satisfactory evidence that he:

a. Is a senior student in a course of instruction in cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [or], skin care, or general barbering, as appropriate; and

b. Does not have a 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, or general barbering services.

All permits shall remain valid only during the period that the student is registered at a licensed school of cosmetology and hairstyling or enrolled in an approved vocational program and shall expire upon a student's graduation, withdrawal or leave of absence from the school or program for more than 90 consecutive days.

(cf: P.L.2018, c.126, s.16)

17. Section 28 of P.L.1984, c.205 (C.45:5B-28) is amended to read as follows:

28. a. Applicants possessing a license to render services in another state or a foreign country, which services are included within the definition of cosmetology and hairstyling as set forth in P.L.1984, c.205 (C.45:5B-1 et seq.), may be issued a license as a cosmetologist-hairstylist, beautician, barber, manicurist, hair braiding [or], skin care specialist, or general barber, as appropriate, without examination, provided, however, that the state or country has established eligibility criteria substantially similar to those established in this State, and the applicant has paid a fee as required by the board and submitted certification from the licensing jurisdiction. A person possessing a license to practice cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [or], skin care specialty, or general barbering services issued by a licensing authority from another state or a foreign country which has established eligibility criteria with respect to cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [or], skin care specialty, or general barbering training which are, in the opinion of the board, less stringent than those required in this State may, nevertheless, be eligible for licensure without examination, if he can present satisfactory evidence of prior practical experience of three years working in a licensed shop in the practice in which the applicant is seeking licensure.

b. There is established a three-year pilot program, administered by the board in consultation with the Division of Consumer Affairs in the Department of Law and Public Safety, in any city of the second class having a population of not less than 69,000 persons or more than 80,000 persons that is located in a county of the second class having a population of not less than 500,000 persons or more than 510,000 persons, according to the 2010 federal decennial census, to permit a person possessing a license to render barbering services in another state or foreign country, which services are included within the definition of barbering as set forth in section 3 of P.L.1984, c.205 (C.45:5B-3), to practice as a barber upon first arrival in this State and while awaiting the issuance of a license as a barber pursuant to subsection a. of this section. A person that renders barbering services without a license, under the pilot program established pursuant to this subsection, shall not be in violation of section 14 of P.L.1995, c.82 (C.45:5B-12.1) or any other provision of P.L.1984, c.205 (C.45:5B-1 et seq.) that prohibits the practice of barbering without a license, provided that the person has made a good faith effort to obtain a license in this State pursuant to the provisions of subsection a. of this section and the person is under the direct supervision of a barber licensed in this State pursuant to P.L.1984, c.205 (C.45:5B-1 et seq.).

c. The board, in consultation with the Division of Consumer Affairs in the Department of Law and Public Safety, shall submit a report evaluating the effectiveness of the pilot program established pursuant to subsection b. of this section to the Governor and, pursuant to the provisions of section 2 of P.L.1991, c.164
(C.52:14-19.1), the Legislature upon completion of the pilot program.

(cf: P.L.2019, c.20)

18. Section 31 of P.L.1984, c.205 (C.45:5B-31) is to be amended as follows:

31. a. A person, corporation, firm or partnership intending to open a shop shall:

(1) Make application to the board on forms as it may require demonstrating that the physical premises and the operation of the shop will meet minimum criteria as established by the board;

(2) Permit an inspection of the premises;

(3) Pay a fee as may be required by the board;

(4) Employ a practicing licensee with the required experience pursuant to section 11 of P.L.1984, c.205 (C.45:5B-11).

b. Nothing contained in P.L.1984, c.205 (C.45:5B-1 et seq.) shall be construed to preclude a person, corporation, firm or partnership from obtaining a shop license for a shop which offers only manicuring services as enumerated in subsection l. of section 3 of P.L.1984, c.205 (C.45:5B-3); provided the applicant for a manicuring shop license complies with the requirements of subsection a. of this section. The minimum criteria established by the board by regulation for such a shop shall be appropriate to the practice offered by the shop, without regard to the practices not offered by the shop.

c. Nothing contained in P.L.1984, c.205 (C.45:5B-1 et seq.) shall be construed to preclude a person, corporation, firm or partnership from obtaining a shop license for a shop which offers only skin care specialty services as enumerated in subsection y. of section 3 of P.L.1984, c.205 (C.45:5B-3); provided the applicant for a skin care specialty shop license complies with the requirements of subsection a. of this section. The minimum criteria established by the board by regulation for such a shop shall be appropriate to the practice offered by the shop, without regard to the practices not offered by the shop.

d. Nothing contained in this act shall be construed to preclude a person, corporation, firm or partnership from obtaining a shop license for a shop which offers only beauty culture services as enumerated in subsection d. of section 3 of P.L.1984, c.205 (C.45:5B-3); provided the applicant for a beauty culture shop license complies with the requirements of subsection a. of this section. The minimum criteria established by the board by regulation for such a shop shall be appropriate to the practice offered by the shop, without regard to the practices not offered by the shop.

e. Nothing contained in P.L.1984, c.205 (C.45:5B-1 et seq.) shall be construed to preclude a person, corporation, firm or partnership from obtaining a shop license for a shop which offers only barbering services as enumerated in subsection b. of section 3 of P.L.1984, c.205 (C.45:5B-3); provided the applicant for a barber shop license complies with the requirements of subsection a. of this section. The minimum criteria established by the board by regulation for such a shop shall be appropriate to the practice offered by the shop, without regard to the practices not offered by the shop.

f. Nothing contained in P.L.1984, c.205 (C.45:5B-1 et seq.) shall be construed to preclude a person, corporation, firm or partnership from obtaining a shop license for a shop which offers only hair braiding services as enumerated in subsection bb. of section 3 of P.L.1984, c.205 (C.45:5B-3); provided the applicant for a hair braiding shop license complies with the requirements of subsection a. of this section. The minimum criteria established by the board by regulation for such a shop shall be appropriate to the practice offered by the shop, without regard to the practices not offered by the shop.

g. Nothing contained in P.L.1984, c.205 (C.45:5B-1 et seq.) shall be construed to preclude a person, corporation, firm or partnership from obtaining a shop license for a shop which offers only general barbering services as enumerated in subsection gg. of section 3 of P.L.1984, c.205 (C.45:5B-3); provided the applicant for a general barber shop license complies with the requirements of subsection a. of this section. The minimum criteria established by the board by regulation for such a shop shall be appropriate to the practice offered by the shop, without regard to the practices not offered by the shop.

(cf: P.L.2018, c.126, s.18)

19. Section 38 of P.L.1984, c.205 (C.45:5B-38) is amended to read as follows:

38. Nothing in this act shall be construed to limit in any way the right of the State Board of Education to establish, operate and approve courses in cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [and], skin care specialty, and general barbering, to employ teachers, to determine the standards for teaching and the qualifications of teachers, to determine courses of study, to determine the standards for the admission, progress, certification and graduation of students, to determine any and all standards and rules as to location, supplies, equipment and anything whatsoever pertaining to the establishment, operation and maintenance of a course in cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [and], skin care specialty, and general barbering operated by a public school. Nothing in this act shall be interpreted to give any person or agency other than the State Board of Education the right to prescribe any requirement of any kind whatsoever for courses of cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding [and], skin care specialty, and general barbering in public schools or for teachers or pupils in school courses. Nothing in this act shall be interpreted to limit in any way the right of the State Board of Education to establish, operate and approve courses in sanitation and safety for barbering and general barbering apprentices.

(cf: P.L.2018, c.126, s.20)

20. (New section) a. An applicant seeking initial licensure as a general barber shall:

(1) Demonstrate successful completion of instruction, which shall not exceed 550 hours, focused on the subjects necessary for an individual to become a general barber as defined in section 3 of P.L.1984, c.205 (C.45:5B-3). Instruction shall also include:

(a) shears-over-comb techniques;

(b) shop management;

(d) a review of State laws and regulations; and

(e) sanitation, hygiene, and skin disorders and proper methods of sterilization.

(2) Instruction may be obtained at:

(a) a school of cosmetology and hairstyling licensed in this State;

(b) a program at a public school approved by the State Board of Education to offer a vocational program in cosmetology and hairstyling or barbering, or other cosmetology and hairstyling or barbering program approved by the State Board of Education; or

(c) at a school of cosmetology and hairstyling or barbering licensed in another state or a foreign country which, in the opinion of the board, offers curricula which are substantially similar to that offered at licensed schools within the State; and

(3) Pass an examination conducted by the board, as provided by P.L. , c. (C. ) (pending before the Legislature as this bill).

b. An applicant may also obtain initial licensure as a general barber to perform the services in the definition of “general barbering” in section 3 of P.L.1984, c.205 (C.45:5B-3) if the applicant:

(1) demonstrates certification by the board as an apprentice pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill); and

21. (New section) a. To be eligible for certification as a barbering apprentice or general barbering apprentice, an applicant shall submit information, in a form as determined by the board, that confirms the applicant:

(1) is at least 17 years of age;

(2) is of good moral character; and

(3) does not have a communicable, contagious, or infectious disease which could reasonably be expected to be transmitted during the course of rendering barbering or general barbering services.

b. A barbering or general barbering apprenticeship shall be for two years and shall require completion of courses, as determined by the board, in sanitation and safety from:

(1) a State-licensed school of cosmetology and hairstyling;

(2) a program at a public school approved by the State Board of Education to offer a vocational program in cosmetology and hairstyling, barbering, or general barbering;

(3) any other program approved by the State Board of Education in cosmetology and hairstyling, barbering or general barbering; or

(4) a school in another state or jurisdiction of the United States, or in another country, with substantially equivalent curriculum in sanitation and safety as a New Jersey-licensed school of cosmetology and hairstyling.

c. To be approved by the board to host a barbering or general barbering apprenticeship, a shop shall meet the requirements established at sections 8 and 18 of P.L. , c. (C. ) (pending before the Legislature as this bill) and section 9 of P.L.1984, c.205 (C.45:5B-9).

d. Prior to hosting a barbering or general barbering apprenticeship, a shop shall inform the board if the apprenticeship available is for a barbering license or a general barbering license, or if an apprenticeship for each type of license is available.

e. Upon completion of a barbering or general barbering apprenticeship, an individual shall have the option to apply for a barbering license or general barbering license.

22. This act shall take effect on the first day of the thirteenth month next after enactment.

STATEMENT

This bill establishes a general barbering license and a barbering apprenticeship. As a general barber, an individual can perform the following services: (1) shampooing, cutting, including clipper cutting, and styling of the hair; (2) shaving or trimming of the beard, mustache, or other facial hair; and (3) massaging, cleansing, or stimulating the face. In the bill, a barbering or general barbering apprenticeship is two years. To be a barbering or general barbering apprentice, an individual has to show proof of being at least 17 years of age, of good moral character, and of being free of any communicable, contagious or infectious disease. A shop approved by the board to host an apprenticeship is to meet requirements established in current law and in the bill in regards to licensure as a shop and the employment of the proper professionals to oversee the management of the shop. An apprenticeship, under the bill, can be for an individual seeking a barbering license or a general barbering license. Upon completion of the apprenticeship, an individual is given the option to apply for licensure by the board.

Lastly, hours to train as a general barber are established in the bill to not exceed 550 hours of instruction. As part of the 550 hours of instruction, general barbering applicants are to be trained in shears-over-comb techniques, shop management, ethics, and a review of State laws and regulations.