law16491

Chapter 491

2016 -- H 8309
Enacted 07/16/2016

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

It is enacted by the General Assembly as follows:

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

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

amended to read as follows:

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

construed as follows:

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

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

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

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

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

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

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

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

this chapter.

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

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

health.

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

licensed as an esthetician.

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

person.

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

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

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

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

hairdressing/cosmetology, or both, to any person.

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

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

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

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

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

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

hair from the body of any person.

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

chapter.

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

only on the nails of any person.

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

and is duly licensed as a manicurist.

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

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

cosmetic therapy, esthetics, and/or manicuring.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

of any person.

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

coloring, or cleansing the nails of any person.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the license:

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

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

(3) Is of good moral character;

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

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

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

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

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

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

by regulation.

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

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

equivalent.

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

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

license:

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

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

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

hours of continuous study and practice.

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

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

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

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

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

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

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

prescribed by regulation;

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

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

(iv) Has complied with §5-10-10; and

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

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

the following qualifications:

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

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

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

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

meets the following qualifications:

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

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

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

months, in an approved school of hairdressing and cosmetology; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

determined by the rules and regulations prescribed by the division.

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

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

section:

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

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

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

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

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

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

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

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

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

"Electrolysis" are hereby amended to read as follows:

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

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

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

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

illegal practice is a separate offense.

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

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

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

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

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

school education.

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

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

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

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

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

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

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

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

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

professional regulation of the department of health upon beginning his or her course of

instruction, and the licensed person with whom they serve that apprenticeship keeps a record of

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

the board of examiners in electrolysis.

(5) Is of good moral character.

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

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

by adding thereto the following sections:

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

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

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

inspection.

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

an instructor or teacher of electrolysis to apprentices, must:

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

(5) years.

(2) Pass a state board examination specifically designed to evaluate his or her

qualifications to teach electrolysis.

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

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

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

in §23-1-54.

nine-month (9) training period.

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

is hereby repealed.

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

regulations applying to training and study in electrolysis.

SECTION 6. This act shall take effect upon passage.

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LC006156

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