Introduced By: Senators Gallo, Coderre T., Igliozzi and Tocco
Date Introduced : February 4, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Sections 5-10-1, 5-10-8, 5-10-9, 5-10-25 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, shall be construed as follows:
(1) "Apprentice barber" means an employee whose principal
occupation is service with a barber or hairdresser who has held
a current license as a barber or hairdresser for at least {DEL one DEL}
{ADD three ADD} year {ADD s ADD} with a view to learning the art of barbering,
as defined in section 5-10-1(15).
(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.
(3) "Board" means the state board of barbering and hairdressing as provided for in this chapter.
(4) "Department" means the Rhode Island department of health.
(5) "Division" means the division of professional regulation within the department of health.
(6) "Esthetician" means a person who engages in the practice of esthetics, and duly licensed as an esthetician.
(7) "Esthetician shop" means a shop licensed under this chapter to do esthetics of any person.
(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.
(9) "Hair design shop" means a shop licensed under this chapter to do barbering or hairdressing/cosmetology or both to any person.
(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 duly licensed as an instructor under the provisions of this chapter.
(12) "Manicuring shop" means a shop licensed under this chapter to do manicuring only on the nails of any person.
(13) "Manicurist" means any person who engages in manicuring for compensation, and duly licensed as a manicurist.
(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 {ADD barbering ADD} hairdressing and cosmetic therapy, esthetics and/or manicuring.
(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; applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to scalp, face, or neck.
(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.
(17) "The practice of manicuring" means the cutting, trimming, polishing, tinting, coloring, or cleansing the nails of any person.
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/or manicuring, or esthetics provided that no license shall be issued to any person under this chapter unless the applicant therefor:
(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 thereof;
(5) Has satisfactorily completed the course of instruction in an approved school of {ADD barbering ADD} hairdressing and cosmetic therapy, and/or manicuring or esthetics;
(6) Has satisfactorily passed a written and a practical examination conducted by the division to determine the fitness of the applicant to receive a license; and
(7) Has complied with section 5-10-10 and such other qualifications as the division may prescribe by regulation.
(b) Notwithstanding the provision of subdivision (a)(4), on and after July 1, 1997, an applicant seeking licensure as a barber must be a high school graduate or hold the equivalent thereof.
5-10-9. Classes of licenses. -- Licenses are hereby divided into the following classes and shall be issued by the division to applicants therefor who have duly qualified for each class of license:
(1) A "hairdresser's and cosmetician's license" shall be issued by the division to every applicant therefor who meets the requirements of section 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 therefor who has held a licensed hairdresser's
and cosmetician's license {ADD ,a barber's license, a manicurist's
license or an esthetician's license ADD} issued under the laws
of this state or another state, for at least {DEL three (3) DEL}
{ADD five (5) ADD} years next preceding the date of application for
an instructor's license and:
(i) Meets the requirements of section 5-10-8;
(ii) Has satisfactorily completed three hundred (300) hours of instruction in hairdressing and cosmetology {ADD , barber, manicurist or esthetician ADD} teacher training approved by the division as prescribed by regulation;
(iii) Has satisfactorily passed a written and a practical examination conducted by the division to determine the fitness of the applicant to receive an instructor's license;
(iv) Has complied with section 5-10-10; and
(v) Has complied with such other qualifications as the division may prescribe by regulation.
(3) A "manicurist license" shall be granted to any applicant therefor who meets the following qualifications:
(i) Meets the requirements of section 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.
(4) An "esthetician license" shall be granted to any applicant therefor who meets the following qualifications:
(i) Meets the requirements of section 5-10-8;
(ii) Has completed a course of instruction in esthetics consisting of not less than six hundred hours (600) 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 subdivision (i) of this subsection, 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.
(5) A "barber" license shall be issued by the division to every applicant therefor who meets the requirements of section 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) Shall have possessed for at least two (2) years prior to the filing of such 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 with an affidavit or affidavits of his or her employer or former employers or other reasonably satisfactory evidence showing that the applicant has been actually engaged in barbering as an apprentice barber in the state during those two (2) years; or
(iii) A combination of barber school training and apprenticeship training as determined by the rules and regulations.
5-10-25. Inspection powers of the division -- Denial of access. -- Any person employed by the division of professional regulation and duly authorized and empowered may enter any shop, place of business, or establishment licensed under the provisions of this chapter during the hours the shop, place of business, establishment, or school of {ADD barbering ADD} manicuring or hairdressing and cosmetic therapy shall be open for business, for the purpose of inspecting the sanitary conditions thereof and ascertaining if the provisions of this chapter and the rules and regulations for the practice of barbering, hairdressing, and cosmetic therapy as established by the division are being observed in the operation of that shop, or place of business and failure or refusal of the person in charge of that shop, place of business, establishment, or school to permit inspection at all reasonable times shall be deemed sufficient cause for the revocation of any license issued to that shop, place of business, or establishment and any certificate of approval issued by the division.
SECTION 2. This act shall take effect upon passage.
