S2684

An Act concerning the regulation of hair washing and supplementing P.L.1984, c.205 (C.45:5B-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

“Shampoo technician” means an individual certified to provide hair washing services, including shampooing, conditioning and glazing, in a shop licensed pursuant to section 9 of P.L.1984, c.205 (C.45:5B-9).

2. An individual who is seeking employment as a shampoo technician and who is not currently enrolled in a program that leads to a professional license offered by the New Jersey State Board of Cosmetology and Hairstyling shall complete one of the following:

a. a program for shampoo technicians of 40 hours offered by a school licensed by the board pursuant to section 10 of P.L.1984, c.205 (C.45:5B-10), or a public school vocational program approved by the State Board of Education; or

b. training of 40 hours provided, for a reasonable fee, by a shop licensed pursuant to section 9 of P.L.1984, c.205 (C.45:5B-9) with a focus on shampooing and temporary rinses.

3. a. An individual who completed a program pursuant to subsection a. of section 2 of this act or training pursuant to subsection b. of section 2 of this act shall be required to take and pass a practical examination. The examination may be:

(1) taken at and administered by:

(a) a licensed school; or

(b) a public school offering a vocational program to be a shampoo technician; or

(2) scheduled and administered by the board.

b. In accordance with subsection c. of section 6 of P.L.1984, c.205 (C.45:5B-6), an examiner who has an affiliation with a licensed school shall not grade any portion of the practical examination of an individual who attended the licensed school where the examiner is affiliated.

c. Upon passage of the examination, the board shall be notified, in a form and manner as it determines, for examinations graded by examiners at a licensed school or public school offering a vocational program to be a shampoo technician. Notification of examination passage shall include submission of:

(1) proof of completion of a program offered pursuant to subsection a. of section 2 of this act; or

(2) a notarized attestation demonstrating completion of training by an individual pursuant to subsection b. of section 2 of this act.

d. Upon receipt of information required of subsection c. of this section, the board shall issue a certification, for a reasonable fee, to an individual to provide services as a shampoo technician. The certification is to be renewed on a biennial basis.

4. If an individual certified as a shampoo technician pursuant to this act does not maintain certification and seeks reactivation, the individual shall:

a. if the reactivation is sought after a period of fewer than 10 years, submit an application and pay a reactivation fee, as determined by the board; or

b. if the reactivation is sought after a period of 10 years or more, sit for the examination required for initial certification pursuant to section 3 of this act and upon passage, submit an application and pay a reactivation fee, as determined by the board.

5. a. The board shall promulgate rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act.

b. The regulations shall include, among other items, standards for:

(1) qualifications to be a shampoo technician;

(2) the individuals authorized to provide training in a licensed shop and to be examiners for the practical examination; and

(3) the amount of the fees to be paid by individuals training as a shampoo technician through a licensed shop and for the issuance of an initial certification and the annual renewal of a certification.

6. This act shall take effect on the first day of the thirteenth month next following enactment.

STATEMENT

This bill establishes the regulation of individuals seeking employment as a shampoo technician and who are not otherwise pursuing a professional license issued by the New Jersey State Board of Cosmetology and Hairstyling. Specifically, the bill provides that an individual seeking employment as a shampoo technician is to complete a 40-hour program provided by a licensed school or public school vocational program or, for a reasonable fee, 40 hours of training provided by a licensed shop. Upon completion of a program or training, an individual is to sit for a practical examination that, pursuant to the bill, may be taken at a licensed school or a public school offering a vocational program to be a shampoo technician, or may be scheduled and administered by the board. It is prohibited in the bill for any examiner who is grading practical examinations and who has an affiliation with a licensed school from grading those examinations of the individuals who attended the licensed school where the examiner is affiliated.

The bill stipulates that the board is to be notified, in a form and manner as it determines, when an individual passes the practical examination administered by a licensed school or public school offering a vocational program to be a shampoo technician. Notification of examination passage is to include submission of proof of completion of a program offered at a licensed school or public school or a notarized attestation demonstrating completion of training at a licensed shop. The bill directs the board to issue a certification, for a reasonable fee, to an individual to provide services as a shampoo technician once the board has received all documentation. The certification is to be renewed on a biennial basis.

If an individual certified as a shampoo technician does not maintain certification and seeks reactivation, the individual is to submit an application and pay a reactivation fee, as determined by the board, if the reactivation is sought after a period of fewer than 10 years. If the reactivation is sought after 10 years or more, the individual is to re-take the certification examination and upon passage, submit an application and pay a reactivation fee.

The board is to promulgate rules and regulations to effectuate the purposes of the bill. The regulations are to address, among other items, standards for:

1) qualifications to be a shampoo technician;

2) the individuals authorized to provide training in a licensed shop and to be examiners for the practical examination; and

3) the amount of the fees to be paid by individuals training as a shampoo technician through a licensed shop and for the issuance of an initial certification and the annual renewal of a certification.