2016 -- H 8309

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LC006156

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - BARBERS, HAIRDRESSERS,

COSMETICIANS, MANICURISTS AND ESTHETICIAN

     

     Introduced By: Representatives O'Brien, Carnevale, McKiernan, Almeida, and Marshall

     Date Introduced: June 09, 2016

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 5-10-1, 5-10-7, 5-10-8 and 5-10-9 of the General Laws in Chapter

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5-10 entitled "Barbers, Hairdressers, Cosmeticians, Manicurists and Estheticians" are hereby

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amended to read as follows:

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     5-10-1. Definitions. -- The following words and phrases, when used in this chapter, are

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construed as follows:

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     (1) "Apprentice barber" means an employee whose principal occupation is service with a

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barber who has held a current license as a barber for at least three (3) years with a view to

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learning the art of barbering, as defined in subdivision (15) of this section.

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     (1)(2) "Barber" means any person who shaves or trims the beard, waves, dresses, singes,

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shampoos, or dyes the hair or applies hair tonics, cosmetic preparations, antiseptics, powders, oil

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clays, or lotions to scalp, face, or neck of any person; or cuts the hair of any person, gives facial

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and scalp massages, or treatments with oils, creams, lotions, or other preparations.

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      (2)(3) "Board" means the state board of barbering and hairdressing as provided for in

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this chapter.

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      (3)(4) "Department" means the Rhode Island department of health.

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      (4)(5) "Division" means the division of professional regulation within the department of

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health.

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      (5)(6) "Esthetician" means a person who engages in the practice of esthetics, and is

 

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licensed as an esthetician.

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      (6)(7) "Esthetician shop" means a shop licensed under this chapter to do esthetics of any

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person.

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      (7)(8) "Esthetics" means the practice of cleansing, stimulating, manipulating, and

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beautifying skin, including, but not limited to, the treatment of such skin problems as

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dehydration, temporary capillary dilation, excessive oiliness, and clogged pores.

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      (8)(9) "Hair design shop" means a shop licensed under this chapter to do barbering or

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hairdressing/cosmetology, or both, to any person.

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      (9)(10) "Hairdresser and cosmetician" means any person who arranges, dresses, curls,

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cuts, waves, singes, bleaches, or colors the hair or treats the scalp, or manicures the nails of any

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person either with or without compensation or who, by the use of the hands or appliances, or of

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cosmetic preparations, antiseptics, tonics, lotions, creams, powders, oils or clays, engages, with or

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without compensation, in massaging, cleansing, stimulating, manipulating, exercising, or

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beautifying or in doing similar work upon the neck, face, or arms or who removes superfluous

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hair from the body of any person.

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     (11) "Instructor" means any person licensed as an instructor under the provisions of this

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chapter.

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      (10)(12) "Manicuring shop" means a shop licensed under this chapter to do manicuring

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only on the nails of any person.

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      (11)(13) "Manicurist" means any person who engages in manicuring for compensation

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and is duly licensed as a manicurist.

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      (12)(14) "School" means a school approved under chapter 40 of title 16, as amended,

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devoted to the instruction in and study of the theory and practice of barbering, hairdressing and

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cosmetic therapy, esthetics and/or manicuring.

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      (13)(15) "The practice of barbering" means the engaging by any licensed barber in all or

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any combination of the following practices: shaving or trimming the beard or cutting the hair;

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giving facial and scalp massages or treatments with oils, creams, lotions, or other preparations

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either by hand or mechanical appliances; singeing, shampooing, arranging, dressing, curling,

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waving, chemical waving, hair relaxing, or dyeing the hair or applying hair tonics; or applying

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cosmetic preparations, antiseptics, powders, oils, clays or lotions to scalp, face, or neck.

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      (14)(16) "The practice of hairdressing and cosmetic therapy" means the engaging by any

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licensed hairdresser and cosmetician in any one or more of the following practices: the

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application of the hands or of mechanical or electrical apparatus, with or without cosmetic

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preparations, tonics, lotions, creams, antiseptics, or clays, to massage, cleanse, stimulate,

 

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manipulate, exercise, or otherwise to improve or to beautify the scalp, face, neck, shoulders,

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arms, bust, or upper part of the body or the manicuring of the nails of any person; or the removing

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of superfluous hair from the body of any person; or the arranging, dressing, curling, waving,

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weaving, cleansing, cutting, singeing, bleaching, coloring, or similarly treating the hair of any

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person.

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      (15)(17) "The practice of manicuring" means the cutting, trimming, polishing, tinting,

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coloring, or cleansing the nails of any person.

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     5-10-7. License required for practice. -- No person shall practice barbering,

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hairdressing, and cosmetic therapy, esthetics, or manicuring in this state, unless the person has

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first obtained any a license required by this chapter for that particular practice, provided, that

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nothing in this chapter prohibits students enrolled in programs of hairdressing, barbering, and/or

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cosmetology from entering into work-study arrangements after they have completed at least one

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thousand (1,000) the requisite hours of classroom instruction for that particular practice. Students

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participating in those work-study arrangements shall be under the direct supervision of a licensed

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hairdresser, barber, or cosmetologist, and shall be clearly identified as students. No course credit

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shall be granted for this students' participation in a work-study arrangement and in no event shall

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it continue beyond the students' graduation from school or completion of course work.

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     5-10-8. Issuance of licenses -- Qualifications of applicants. -- (a) The division shall

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issue licenses to persons engaged in or desiring to engage in the practice of barbering,

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hairdressing, and cosmetic therapy and/or manicuring, or esthetics and for instructing in any

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approved school of barbering or hairdressing and cosmetic therapy, and manicuring, or esthetics;

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provided, that no license shall be issued to any person under this chapter unless the applicant for

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the license:

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      (1) Is at least eighteen (18) years of age;

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      (2) Is a citizen of the United States of America or has legal entry into the country;

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      (3) Is of good moral character;

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      (4) Is a high school graduate or holds the equivalent;

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      (5) Has satisfactorily completed the course of instruction in an approved school of

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barbering, hairdressing and cosmetic therapy, and/or manicuring or esthetics;

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      (6) Has satisfactorily passed a written and a practical examination approved by the

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division to determine the fitness of the applicant to receive a license; and

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      (7) Has complied with § 5-10-10 and any other qualifications that the division prescribes

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by regulation.

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      (b) Notwithstanding the provision of subdivision (a)(4) of this section, on and after July

 

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1, 1997, an applicant seeking licensure as a barber must be a high school graduate or hold the

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equivalent.

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     5-10-9. Classes of licenses. -- Licenses shall be divided into the following classes and

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shall be issued by the division to applicants for the licenses who have qualified for each class of

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license:

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      (1) A "hairdresser's and cosmetician's license" shall be issued by the division to every

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applicant for the license who meets the requirements of § 5-10-8 and has completed a course of

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instruction in hairdressing and cosmetology consisting of not less than fifteen hundred (1,500)

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hours of continuous study and practice.

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     (2) An "instructor's license" shall be granted by the division to any applicant for the

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license who has held a licensed hairdresser's and cosmetician's license, a barber's license, a

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manicurist's license, or an esthetician's license issued under the laws of this state or another state,

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for at least the three (3) years preceding the date of application for an instructor's license and:

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     (i) Meets the requirements of §5-10-8;

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     (ii) Has satisfactorily completed three hundred (300) hours of instruction in hairdressing

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and cosmetology, barber, manicurist, or esthetician teacher training approved by the division as

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prescribed by regulation;

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     (iii) Has satisfactorily passed a written and a practical examination approved by the

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division to determine the fitness of the applicant to receive an instructor's license;

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     (iv) Has complied with §5-10-10; and

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     (v) Has complied with any other qualifications that the division prescribes by regulation.

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     (2)(3) A "manicurist license" shall be granted to any applicant for the license who meets

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the following qualifications:

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      (i) Meets the requirements of § 5-10-8; and

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      (ii) Has completed a course of instruction consisting of not less than three hundred (300)

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hours of professional training in manicuring, in an approved school.

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      (3)(4) An "esthetician license" shall be granted to any applicant for the license who

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meets the following qualifications:

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      (i) Meets the requirements of § 5-10-8;

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      (ii) Has completed a course of instruction in esthetics consisting of not less than six

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hundred (600) hours of continuous study and practice over a period of not less than four (4)

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months in an approved school of hairdressing and cosmetology; and

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      (iii) Any applicant who holds a diploma or certificate from a skin care school that is

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recognized as a skin care school by the state or nation in which it is located, and meets the

 

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requirements of paragraph (i) of this subdivision, shall be granted a license to practice esthetics;

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provided, that the skin care school has a requirement that in order to graduate from the school a

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student must have completed a number of hours of instruction in the practice of skin care, which

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number is at least equal to the number of hours of instruction required by the division.

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      (4)(5) A "barber" license shall be issued by the division to every applicant for the license

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who meets the requirements of § 5-10-8 and:

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      (i) Has completed a course of instruction in barbering consisting of not less than one

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thousand five hundred (1,500) hours of continuous study and practice in an approved school;

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      (ii) Has possessed for at least two (2) years prior to the filing of the application a

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certificate of registration in full force and effect from the department of health of the state

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specifying that person as a registered apprentice barber, and the application of that applicant is

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accompanied by an affidavit or affidavits from his or her employer or former employers or other

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reasonably satisfactory evidence showing that the applicant has, in order to learn the art of

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barbering, worked for a minimum of two (2) years under the supervision of a barber who has

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been licensed in the state for at least three (3) years been actually engaged in barbering as an

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apprentice barber in the state during those two (2) years; or

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      (iii) Any A combination of barber school training and apprenticeship training as

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determined by the rules and regulations prescribed by the division.

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     SECTION 2. Chapter 5-10 of the General Laws entitled "Barbers, Hairdressers,

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Cosmeticians, Manicurists and Estheticians" is hereby amended by adding thereto the following

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section:

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     5-10-39. Demonstrator's permit. -- The division may, in its discretion, issue to any

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person recognized by the division as an authority on, or an expert in, the theory or practice of

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barbering, hairdressing, and cosmetic therapy and/or manicuring or esthetics and is the holder of a

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current esthetician's, manicurist's or a barber's, hairdresser's, and cosmetician's license in this

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state, another state or the District of Columbia, a demonstrator's permit for not more than six (6)

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days' duration for educational and instructive demonstrations; provided, that the permit shall not

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be used in the sense of a license to practice barbering, manicuring, esthetics or hairdressing and

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cosmetic therapy. The fee for the permit is as set forth in §23-1-54.

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     SECTION 3. Sections 5-32-2 and 5-32-4 of the General Laws in Chapter 5-32 entitled

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"Electrolysis" are hereby amended to read as follows:

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     5-32-2. Penalty for unlicensed practice. -- Every person who subsequently engages in

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the practice of electrolysis in this state without being licensed, if a license is required under this

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chapter, by the board of examiners in electrolysis is practicing illegally and, upon conviction,

 

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shall be fined not more than twenty-five dollars ($25.00) and every day of the continuation of

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illegal practice is a separate offense.

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     5-32-4. Qualifications of applicants. -- Licenses to engage in the practice of electrolysis

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shall be issued to the applicants who comply with the following requirements:

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      (1) Are citizens or legal residents of the United States.

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      (2) Have attained the age of eighteen (18) years.

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      (3) Have graduated from a high school or whose education is the equivalent of a high

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school education.

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      (4) Have satisfactorily completed a course of training and study in electrolysis, as

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prescribed by rules and regulations promulgated by the department of health authorized by

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section § 5-32-18 of this chapter as a registered apprentice under the supervision of a licensed

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Rhode Island electrologist who is qualified to teach electrolysis to apprentices as prescribed in

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§5-32-20 or has graduated from a school of electrolysis after having satisfactorily completed a

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program consisting of not less than six hundred fifty (650) hours of study and practice in the

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theory and practical application of electrolysis. That apprenticeship includes at least six hundred

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and fifty (650) hours of study and practice in the theory and practical application of electrolysis

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within a term of nine (9) months; provided, that the apprentice registers with the division of

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professional regulation of the department of health upon beginning their course of instruction, and

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the licensed person with whom they serve that apprenticeship keeps a record of the hours of that

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instruction, and upon the completion of that apprenticeship certifies that fact to the board of

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examiners in electrolysis.

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      (5) Is of good moral character.

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      (6) Passes an examination approved by the department of health.

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     SECTION 4. Chapter 5-32 of the General Laws entitled "Electrolysis" is hereby amended

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by adding thereto the following sections:

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     5-32-19. Apprenticeship register. -- The division of professional regulation of the

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department of health shall keep a register in which the names of all persons serving

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apprenticeships licensed under this chapter shall be recorded. This register is open to public

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inspection.

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     5-32-20. Qualifications for teaching electrolysis. -- (a) A person, in order to qualify as

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an instructor or teacher of electrolysis to apprentices, must:

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     (1) Have been actively engaged as a licensed practitioner of electrolysis for at least five

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(5) years.

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     (2) Pass a state board examination specifically designed to evaluate their qualifications to

 

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teach electrolysis.

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     (3) Be a high school graduate or the equivalent.

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     (b) Upon satisfactorily passing this examination, the division of professional regulation of

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the department of health shall issue a license to the person upon the payment of a fee as set forth

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in §23-1-54.

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     (c) A qualified licensed electrologist shall not register more than one apprentice for each

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nine (9) month training period.

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     SECTION 5. Section 5-32-18 of the General Laws in Chapter 5-32 entitled "Electrolysis"

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is hereby repealed.

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     5-32-18. Training and study. -- The department of health may promulgate rules and

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regulations applying to training and study in electrolysis.

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     SECTION 6. This act shall take effect upon passage.

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LC006156

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - BARBERS, HAIRDRESSERS,

COSMETICIANS, MANICURISTS AND ESTHETICIAN

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     This act would amend various sections of law relating to the certification, training and

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licensing of barbers, hairdressers, cosmeticians, manicurists and estheticians.

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     This act would take effect upon passage.

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LC006156

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