12 | 13 | | A BILL TO BE ENTITLED 1 |
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13 | 14 | | AN ACT TO EXEMPT NATURAL HAIR CARE SERVICES, BLOW -DRY STYLING, AND 2 |
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14 | 15 | | MAKEUP ARTISTRY FROM LICENSING REQUIREMENTS UNDER THE NORTH 3 |
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15 | 16 | | CAROLINA BOARD OF COSMETIC ART EXAMINERS; TO CONVERT THE 4 |
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16 | 17 | | MANDATORY NATURAL HAIR CARE SPECIALIST LICENSE TO A VOLUNTARY 5 |
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17 | 18 | | CERTIFICATE; AND TO EXPAND AUTHORIZED SETTINGS FOR CERTAIN 6 |
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18 | 19 | | COSMETIC ART SERVICES. 7 |
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19 | 20 | | The General Assembly of North Carolina enacts: 8 |
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20 | 21 | | 9 |
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21 | 22 | | PART I. EXEMPTIONS FROM COSMETIC ART LICENSING REQUIREMENTS AND 10 |
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22 | 23 | | CONVERSION TO VOLUNTARY CERTIFICATION FOR NATURAL HAIR CARE 11 |
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23 | 24 | | SPECIALISTS 12 |
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24 | 25 | | SECTION 1.(a) G.S. 88B-2 reads as rewritten: 13 |
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25 | 26 | | "§ 88B-2. Definitions. 14 |
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26 | 27 | | The following definitions apply in this Chapter: 15 |
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27 | 28 | | (1) Apprentice. – A person who is not a manager or operator and who is engaged 16 |
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28 | 29 | | in learning the practice of cosmetic art under the direction and supervision of 17 |
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29 | 30 | | a cosmetologist. 18 |
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30 | 31 | | (1a) Blow-dry styling. – The act of shampooing, conditioning, drying, arranging, 19 |
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31 | 32 | | curling, straightening, or styling hair using only mechanical devices, hair 20 |
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32 | 33 | | sprays, and topical agents, such as balms, oils, serums, and providing no other 21 |
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33 | 34 | | services requiring a license under this Chapter. This term includes the use and 22 |
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34 | 35 | | styling of wigs, hair pieces, and extensions. This term does not include the use 23 |
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35 | 36 | | of chemicals to alter the structure of the hair and haircutting. 24 |
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36 | 37 | | (2) Board. – The North Carolina Board of Cosmetic Art Examiners. 25 |
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37 | 38 | | (3) Booth. – A workstation located within a licensed cosmetic art shop that is 26 |
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38 | 39 | | operated primarily by one individual in performing cosmetic art services for 27 |
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39 | 40 | | consumers. 28 |
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40 | 41 | | (4) Booth renter. – A person who rents a booth in a cosmetic art shop. 29 |
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41 | 42 | | (4a) Certified natural hair care specialist. – An individual certified by the Board to 30 |
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42 | 43 | | practice only the part of cosmetic art that constitutes natural hair care, as 31 |
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43 | 44 | | defined in this section. Certification shall not be required by the Board to 32 |
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44 | 45 | | practice natural hair care, but an individual who meets the credentials for the 33 |
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45 | 46 | | certificate may apply to the Board for certification. 34 |
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46 | 47 | | (5) Cosmetic art. – All or any part or combination of cosmetology, esthetics, 35 |
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49 | 54 | | the hands or mechanical apparatus of the scalp, face, neck, shoulders, hands, 1 |
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50 | 55 | | and feet. Practices included within this subdivision shall not include the 2 |
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51 | 56 | | practice of massage or bodywork therapy as set forth in Article 36 of Chapter 3 |
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52 | 57 | | 90 of the General Statutes. 4 |
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53 | 58 | | (6) Cosmetic art school. – Any building or part thereof where cosmetic art is 5 |
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54 | 59 | | taught. 6 |
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55 | 60 | | (7) Cosmetic art shop. – Any building or part thereof where cosmetic art is 7 |
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56 | 61 | | practiced for pay or reward, whether direct or indirect. 8 |
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57 | 62 | | (8) Cosmetologist. – Any individual who is licensed to practice all parts of 9 |
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58 | 63 | | cosmetic art. 10 |
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59 | 64 | | (8a) Cosmetology. – The act of arranging, dressing, curling, waving, cleansing, 11 |
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60 | 65 | | cutting, singeing, bleaching, coloring, or similar work upon the hair of a 12 |
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61 | 66 | | person by any means, including the use of hands, mechanical or electrical 13 |
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62 | 67 | | apparatus, or appliances or by use of cosmetic or chemical preparations or 14 |
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63 | 68 | | antiseptics. 15 |
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64 | 69 | | (9) Cosmetology teacher. – An individual licensed by the Board to teach all parts 16 |
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65 | 70 | | of cosmetic art. 17 |
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66 | 71 | | (10) Esthetician. – An individual licensed by the Board to practice only that part of 18 |
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67 | 72 | | cosmetic art that constitutes skin care. 19 |
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68 | 73 | | (11) Esthetician teacher. – An individual licensed by the Board to teach only that 20 |
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69 | 74 | | part of cosmetic art that constitutes skin care. 21 |
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70 | 75 | | (11a) Esthetics. – Refers to any of the following practices: giving facials; applying 22 |
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71 | 76 | | makeup; performing skin care; removing superfluous hair from the body of a 23 |
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72 | 77 | | person by use of creams, tweezers, or waxing; applying eyelashes to a person, 24 |
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73 | 78 | | including the application of eyelash extensions, brow or lash color; 25 |
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74 | 79 | | beautifying the face, neck, arms, or upper part of the human body by use of 26 |
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75 | 80 | | cosmetic preparations, antiseptics, tonics, lotions, or creams; surface 27 |
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76 | 81 | | manipulation in relation to skin care; or cleaning or stimulating the face, neck, 28 |
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77 | 82 | | ears, arms, hands, bust, torso, legs, or feet of a person by means of hands, 29 |
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78 | 83 | | devices, apparatus, or appliances along with the use of cosmetic preparations, 30 |
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79 | 84 | | antiseptics, tonics, lotions, or creams. 31 |
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80 | 85 | | (12) Manicuring. – The care and treatment of the fingernails, toenails, cuticles on 32 |
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81 | 86 | | fingernails and toenails, and the hands and feet, including the decoration of 33 |
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82 | 87 | | the fingernails and the application of nail extensions and artificial nails. The 34 |
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83 | 88 | | term "manicuring" shall not include the treatment of pathologic conditions. 35 |
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84 | 89 | | (13) Manicurist. – An individual licensed by the Board to practice only that part of 36 |
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85 | 90 | | cosmetic art that constitutes manicuring. 37 |
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86 | 91 | | (14) Manicurist teacher. – An individual licensed by the Board to teach 38 |
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87 | 92 | | manicuring. 39 |
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88 | 93 | | (14a) Natural hair care. – A service that results in tension on hair strands or roots by 40 |
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89 | 94 | | twisting, wrapping, extending, or locking hair by hand or mechanical device. 41 |
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90 | 95 | | For purposes of this definition, the phrase "natural hair care" shall include the 42 |
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91 | 96 | | use of artificial or natural hair. 43 |
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92 | 97 | | (14b) Natural hair care specialist. – An individual licensed by the Board to practice 44 |
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93 | 98 | | only that part of cosmetic art that constitutes natural hair care. 45 |
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94 | 99 | | (14c) Natural hair care teacher. – An individual licensed by the Board to teach 46 |
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95 | 100 | | natural hair care. 47 |
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96 | 101 | | (14d) Makeup artistry – The application of a cosmetic to enhance the appearance of 48 |
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97 | 102 | | the face or skin using powder, foundation, rouge, eyeshadow, eyeliner, 49 |
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98 | 103 | | mascara, or lipstick when providing no other services requiring a license under 50 General Assembly Of North Carolina Session 2025 |
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100 | 105 | | this Chapter. This term includes the use of an airbrush to apply makeup and 1 |
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101 | 106 | | excludes the application of permanent makeup or tattooing. 2 |
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102 | 107 | | (15) Shampooing. – The application and removal of commonly used, room 3 |
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103 | 108 | | temperature, liquid hair cleaning and hair conditioning products. Shampooing 4 |
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104 | 109 | | does not include the arranging, dressing, waving, coloring, or other treatment 5 |
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105 | 110 | | of the hair." 6 |
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106 | 111 | | SECTION 1.(b) G.S. 88B-10.1 reads as rewritten: 7 |
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107 | 112 | | "§ 88B-10.1. Qualifications for licensing certifying natural hair care specialists. 8 |
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108 | 113 | | The Board shall issue a license certificate to practice as a certified natural hair care specialist 9 |
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109 | 114 | | to any individual who meets all of the following requirements: 10 |
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110 | 115 | | (1) Successful completion of at least 300 hours of a natural hair care curriculum 11 |
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111 | 116 | | in an approved cosmetic art school. 12 |
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112 | 117 | | (2) Passage of an examination conducted by the Board. 13 |
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113 | 118 | | (3) Payment of the fees required by G.S. 88B-20. 14 |
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114 | 119 | | A certificate shall not be required to practice as a natural hair care specialist but shall be 15 |
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115 | 120 | | required for an individual to hold himself or herself out as or advertise as a certified natural hair 16 |
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116 | 121 | | care specialist." 17 |
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117 | 122 | | SECTION 1.(c) G.S. 88B-11 reads as rewritten: 18 |
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118 | 123 | | "§ 88B-11. Qualifications for licensing teachers. 19 |
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119 | 124 | | … 20 |
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120 | 125 | | (e) The Board shall issue a license to practice as a natural hair care teacher to any 21 |
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121 | 126 | | individual who meets the requirements of subsection (a) of this section and who meets all of the 22 |
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122 | 127 | | following: 23 |
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123 | 128 | | (1) Holds in good standing a certified natural hair care license certificate issued 24 |
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124 | 129 | | by the Board. 25 |
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125 | 130 | | (2) Submits proof of either practice as a certified natural hair care specialist in a 26 |
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126 | 131 | | cosmetic art shop or any Board-approved employment capacity in the 27 |
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127 | 132 | | cosmetic art industry for a period equivalent to one year of full-time work 28 |
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128 | 133 | | immediately prior to application or successful completion of at least 320 hours 29 |
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129 | 134 | | of a teacher curriculum in an approved cosmetic art school. 30 |
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130 | 135 | | (3) Passes an examination for teachers conducted by the Board." 31 |
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131 | 136 | | SECTION 1.(d) G.S. 88B-12 reads as rewritten: 32 |
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132 | 137 | | "§ 88B-12. Temporary employment permit; extensions; limits on practice. 33 |
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133 | 138 | | (a) The Board shall issue a temporary employment permit to an applicant for licensure 34 |
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134 | 139 | | as an apprentice, cosmetologist, esthetician, natural hair care specialist, or manicurist who meets 35 |
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135 | 140 | | all of the following: 36 |
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136 | 141 | | (1) Has completed the required hours of a cosmetic art school curriculum in the 37 |
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137 | 142 | | area in which the applicant wishes to be licensed. 38 |
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138 | 143 | | (2) Has applied to take the examination within three months of completing the 39 |
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139 | 144 | | required hours. 40 |
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140 | 145 | | (3) Is qualified to take the examination. 41 |
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141 | 146 | | (b) A temporary employment permit shall expire six months from the date of graduation 42 |
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142 | 147 | | from a cosmetic art school and shall not be renewed. 43 |
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143 | 148 | | (c) The holder of a temporary employment permit may practice cosmetic art only under 44 |
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144 | 149 | | the supervision of a licensed cosmetologist, manicurist, natural hair care specialist, or esthetician, 45 |
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145 | 150 | | as appropriate, and may not operate a cosmetic art shop." 46 |
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146 | 151 | | SECTION 1.(e) G.S. 88B-13 reads as rewritten: 47 |
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147 | 152 | | "§ 88B-13. Applicants licensed in other states. 48 |
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148 | 153 | | (a) The Board shall issue a license to an applicant licensed as an apprentice, 49 |
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149 | 154 | | cosmetologist, esthetician, natural hair care specialist, or manicurist in another state or a 50 General Assembly Of North Carolina Session 2025 |
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151 | 156 | | certificate to an applicant licensed or certified as a natural hair care specialist in another state, if 1 |
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152 | 157 | | the applicant shows: 2 |
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153 | 158 | | (1) The applicant is an active practitioner in good standing. 3 |
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154 | 159 | | (2) The applicant has practiced at least one of the three years immediately 4 |
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155 | 160 | | preceding the application for a license.license or certificate. 5 |
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156 | 161 | | (3) There is no disciplinary proceeding or unresolved complaint pending against 6 |
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157 | 162 | | the applicant at the time a license or certificate is to be issued by this State. 7 |
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158 | 163 | | (4) The licensure or certification requirements in the state in which the applicant 8 |
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159 | 164 | | is licensed or certified are substantially equivalent to those required by this 9 |
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160 | 165 | | State. 10 |
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161 | 166 | | (b) Instead of meeting the requirements in subsection (a) of this section, any applicant 11 |
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162 | 167 | | who is licensed as a cosmetologist, esthetician, natural hair care specialist, or manicurist in 12 |
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163 | 168 | | another state shall be admitted to practice in this State under the same reciprocity or comity 13 |
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164 | 169 | | provisions that the state in which the applicant is licensed grants to persons licensed in this State. 14 |
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165 | 170 | | Instead of meeting the requirements of subsection (a) of this section, any applicant who is 15 |
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166 | 171 | | licensed or certified as a natural hair care specialist in another state may be designated a certified 16 |
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167 | 172 | | natural care specialist by the Board under the same reciprocity or comity provisions that the state 17 |
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168 | 173 | | in which the applicant is licensed or certified grants to persons certified in this State. 18 |
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169 | 174 | | (c) The Board may establish standards for issuing a license to an applicant who is licensed 19 |
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170 | 175 | | as a teacher in another state. These standards shall include a requirement that the licensure 20 |
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171 | 176 | | requirements in the state in which the teacher is licensed shall be substantially equivalent to those 21 |
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172 | 177 | | required in this State and that the applicant shall be licensed by the Board to practice in the area 22 |
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173 | 178 | | in which the applicant is licensed to teach." 23 |
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174 | 179 | | SECTION 1.(f) G.S. 88B-14 reads as rewritten: 24 |
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175 | 180 | | "§ 88B-14. Licensing of cosmetic art shops. 25 |
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176 | 181 | | (a) The Board shall issue a license to operate a cosmetic art shop to any applicant who 26 |
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177 | 182 | | submits a properly completed application, on a form approved by the Board, pays the required 27 |
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178 | 183 | | fee, and is determined, after inspection, to be in compliance with the provisions of this Chapter 28 |
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179 | 184 | | and the Board's rules. 29 |
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180 | 185 | | (b) The applicant shall list all licensees and all certified natural hair care specialists who 30 |
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181 | 186 | | practice cosmetic art in the shop and shall identify each as an employee or a booth renter. 31 |
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182 | 187 | | (c) A cosmetic art shop shall be allowed to operate for a period of 30 days while the 32 |
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183 | 188 | | Board inspects and determines the shop's compliance with this Chapter and the Board's rules. If 33 |
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184 | 189 | | the Board is unable to complete the inspection within 30 days, the shop will be authorized to 34 |
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185 | 190 | | operate until such an inspection can be completed. 35 |
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186 | 191 | | (d) A license to operate a cosmetic art shop shall not be transferable from one location to 36 |
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187 | 192 | | another or from one owner to another. 37 |
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188 | 193 | | (e) A license to operate a cosmetic art shop shall not be required if the cosmetic art 38 |
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189 | 194 | | services provided in the shop are exclusively natural hair care, blow-dry styling, or makeup 39 |
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190 | 195 | | artistry, and the persons providing these services are exempt from licensure pursuant to 40 |
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191 | 196 | | G.S. 88B-25(6). However, if a shop provides natural hair care performed by a certified natural 41 |
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192 | 197 | | hair care specialist, the Board may inspect those areas of the shop or booths where certified 42 |
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193 | 198 | | natural hair care specialists practice, limited solely to ensuring compliance with any sanitary 43 |
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194 | 199 | | management and physical requirements that may be adopted by the Board pursuant to 44 |
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195 | 200 | | G.S. 88B-4." 45 |
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196 | 201 | | SECTION 1.(g) G.S. 88B-18 reads as rewritten: 46 |
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197 | 202 | | "§ 88B-18. Examinations. 47 |
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198 | 203 | | (a) Repealed by Session Laws 2006-212, s. 2, effective August 8, 2006. 48 |
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199 | 204 | | (b) Each examination shall have both a practical and a written portion. 49 |
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200 | 205 | | (c) Examinations for applicants for apprentice, cosmetologist, teacher, esthetician, 50 |
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201 | 206 | | natural hair care specialist, and manicurist licenses and certified natural hair care specialist 51 General Assembly Of North Carolina Session 2025 |
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203 | 208 | | certificates shall be given in at least three locations in the State that are geographically scattered. 1 |
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204 | 209 | | The examinations shall be administered in Board-approved facilities. 2 |
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205 | 210 | | (d) An applicant for a cosmetologist, esthetician, manicurist, natural hair care specialist, 3 |
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206 | 211 | | or teacher's license or certified natural hair care specialist certificate who fails to pass the 4 |
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207 | 212 | | examination three times may not reapply to take the examination again until after the applicant 5 |
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208 | 213 | | has successfully completed any additional requirements prescribed by the Board." 6 |
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209 | 214 | | SECTION 1.(h) G.S. 88B-20 reads as rewritten: 7 |
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210 | 215 | | "§ 88B-20. Fees required. 8 |
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211 | 216 | | (a) The Board may charge the applicant the actual cost of preparation, administration, 9 |
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212 | 217 | | and grading of examinations for cosmetologists, apprentices, manicurists, estheticians, certified 10 |
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213 | 218 | | natural hair care specialist, specialists, or teachers, in addition to its other fees. 11 |
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214 | 219 | | … 12 |
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215 | 220 | | (c) The Board may charge license fees as follows: 13 |
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216 | 221 | | (1) Cosmetologist .................................................................. $ 39.00 every 3 years 14 |
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217 | 222 | | (2) Apprentice ............................................................................... $ 10.00 per year 15 |
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218 | 223 | | (3) Esthetician ............................................................................... $ 10.00 per year 16 |
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219 | 224 | | (4) Manicurist ............................................................................... $ 10.00 per year 17 |
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220 | 225 | | (4a) Natural hair care specialist ………………………………….. $ 10.00 per year 18 |
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221 | 226 | | (5) Teacher ............................................................................ $ 10.00 every 2 years 19 |
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222 | 227 | | (6) Cosmetic art shop per active booth ........................................... $ 3.00 per year 20 |
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223 | 228 | | (7) Cosmetic art school ................................................................. $ 50.00 per year 21 |
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224 | 229 | | (8) Duplicate license ................................................................................... $ 1.00. 22 |
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225 | 230 | | (c1) The Board may charge certification fees as follows: 23 |
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226 | 231 | | (1) Certified natural hair care specialist…………………………$ 10.00 per year. 24 |
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227 | 232 | | (2) Duplicate certificate……………………………………………………$ 1.00. 25 |
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228 | 233 | | (d) The Board may require payment of late fees and reinstatement fees as follows: 26 |
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229 | 234 | | (1) Apprentice, certified natural hair care specialist, cosmetologist, esthetician, 27 |
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230 | 235 | | manicurist, natural hair care specialist, and teacher late renewal…… $ 10.00 28 |
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231 | 236 | | (2) Cosmetic art schools and shops late renewal ……………………….. $ 10.00 29 |
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232 | 237 | | (3) Reinstatement – cosmetic art schools and shops …………………….. $ 25.00. 30 |
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233 | 238 | | (e) The Board may prorate fees as appropriate." 31 |
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234 | 239 | | SECTION 1.(i) G.S. 88B-21 reads as rewritten: 32 |
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235 | 240 | | "§ 88B-21. Renewals; expired licenses; inactive status. 33 |
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236 | 241 | | (a) Each license to operate a cosmetic art shop shall be renewed on or before the first day 34 |
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237 | 242 | | of February of each year. As provided in G.S. 88B-20, a late fee shall be charged for licenses 35 |
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238 | 243 | | renewed after February 1. Any license not renewed by March 1 of each year shall expire. A 36 |
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239 | 244 | | cosmetic art shop whose license has been expired for one year or less shall have the license 37 |
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240 | 245 | | reinstated immediately upon payment of the reinstatement fee, the late fee, and all unpaid license 38 |
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241 | 246 | | fees. The licensee shall submit to the Board, as a part of the renewal process, a list of all licensed 39 |
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242 | 247 | | cosmetologists who practice cosmetic art in the shop and shall identify each as an employee or a 40 |
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243 | 248 | | booth renter. 41 |
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244 | 249 | | (b) Cosmetologist licenses shall be renewed on or before October 1 every three years 42 |
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245 | 250 | | beginning October 1, 1998. A late fee shall be charged for renewals after that date. Any license 43 |
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246 | 251 | | not renewed shall expire on October 1 of the year that renewal is required. The Board may 44 |
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247 | 252 | | develop and implement a plan for staggered license renewal and may prorate license fees to 45 |
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248 | 253 | | implement such a plan. 46 |
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249 | 254 | | (c) Apprentice, esthetician, natural hair care specialist, and manicurist licenses licenses, 47 |
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250 | 255 | | and certified natural hair care specialist certificates shall be renewed annually on or before 48 |
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251 | 256 | | October 1 of each year. A late fee shall be charged for the renewal of licenses after that date. Any 49 |
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252 | 257 | | license not renewed shall expire on October 1 of that year. 50 General Assembly Of North Carolina Session 2025 |
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254 | 259 | | (d) Teacher licenses shall be renewed every two years on or before October 1. A late fee 1 |
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255 | 260 | | shall be charged for the renewal of licenses after that date. Any license not renewed shall expire 2 |
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256 | 261 | | on October 1 of that year. 3 |
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257 | 262 | | (e) Prior to renewal of a license, license or certificate, a teacher, cosmetologist, 4 |
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258 | 263 | | esthetician, certified natural hair care specialist, or manicurist shall annually complete eight hours 5 |
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259 | 264 | | of Board-approved continuing education for each year of the licensing cycle. A cosmetologist 6 |
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260 | 265 | | may complete up to 24 hours of required continuing education at any time within the 7 |
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261 | 266 | | cosmetologist's three-year licensing cycle. Licensees shall submit written documentation to the 8 |
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262 | 267 | | Board showing that they have satisfied the requirements of this subsection. A licensee or 9 |
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263 | 268 | | certificate holder, if applicable, who is in active practice as a cosmetologist, esthetician, certified 10 |
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264 | 269 | | natural hair care specialist, or manicurist, has practiced for at least 10 consecutive years in that 11 |
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265 | 270 | | profession, and is 60 years of age or older does not have to meet the continuing education 12 |
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266 | 271 | | requirements of this subsection. A licensee who is in active practice as a cosmetologist and has 13 |
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267 | 272 | | at least 20 consecutive years of experience as a cosmetologist, does not have to meet the 14 |
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268 | 273 | | continuing education requirements of this subsection, but shall report any continuing education 15 |
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269 | 274 | | classes completed to the Board, whether the continuing education classes are Board-approved or 16 |
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270 | 275 | | not. Promotion of products and systems shall be allowed at continuing education given in-house 17 |
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271 | 276 | | or at trade shows. Continuing education classes may also be offered in secondary languages as 18 |
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272 | 277 | | needed. No member of the Board may offer continuing education courses as required by this 19 |
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273 | 278 | | section. 20 |
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274 | 279 | | (f) If an apprentice, cosmetologist, esthetician, manicurist, certified natural hair care 21 |
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275 | 280 | | specialist, or teacher fails to renew his or her license or certificate, as applicable, within five years 22 |
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276 | 281 | | following the expiration date, the licensee or certificate holder shall be required to pass an 23 |
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277 | 282 | | examination as prescribed by the Board before the license or certificate will be reinstated. 24 |
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278 | 283 | | (g) Cosmetic art school licenses shall be renewed on or before October 1 of each year. A 25 |
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279 | 284 | | late fee shall be charged for licenses renewed after that date. Any license not renewed by 26 |
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280 | 285 | | November 1 of that year shall expire. A cosmetic art school whose license has been expired for 27 |
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281 | 286 | | one year or less shall have its license reinstated upon payment of the reinstatement fee, the late 28 |
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282 | 287 | | fee, and all unpaid license fees. 29 |
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283 | 288 | | (h) Upon request by a licensee or certificate holder for inactive status, the Board may 30 |
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284 | 289 | | place the licensee's or certificate holder's name on the inactive list so long as the licensee or 31 |
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285 | 290 | | certificate holder is in good standing with the Board. An inactive licensee or certificate holder is 32 |
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286 | 291 | | not required to complete continuing education requirements. An inactive licensee shall not 33 |
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287 | 292 | | practice cosmetic art for consideration. An inactive certificate holder shall not hold themselves 34 |
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288 | 293 | | out or advertise as a certified natural hair care specialist while on inactive status but may continue 35 |
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289 | 294 | | to practice natural hair care. However, the inactive licensee or certificate holder may continue to 36 |
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290 | 295 | | purchase supplies as accorded an active licensee. licensee or certificate holder. When the inactive 37 |
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291 | 296 | | licensee or certificate holder desires to be removed from the inactive list and return to active 38 |
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292 | 297 | | practice, the inactive licensee or certificate holder shall notify the Board of his or her desire to 39 |
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293 | 298 | | return to active status and pay the required fee as determined by the Board. As a condition of 40 |
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294 | 299 | | returning to active status, the Board may require the licensee or certificate holder to complete 41 |
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295 | 300 | | eight to 24 hours of continuing education pursuant to subsection (e) of this section." 42 |
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296 | 301 | | SECTION 1.(j) G.S. 88B-22 reads as rewritten: 43 |
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297 | 302 | | "§ 88B-22. Licenses required; criminal penalty. 44 |
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298 | 303 | | (a) Except as provided in this Chapter, no person may practice or attempt to practice 45 |
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299 | 304 | | cosmetic art for pay or reward in any form, either directly or indirectly, without being licensed 46 |
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300 | 305 | | as an apprentice, cosmetologist, esthetician, natural hair care specialist, or manicurist by the 47 |
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301 | 306 | | Board. 48 |
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302 | 307 | | (b) Except as provided in this Chapter, no person may practice cosmetic art or any part 49 |
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303 | 308 | | of cosmetic art, for pay or reward in any form, either directly or indirectly, outside of a licensed 50 |
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304 | 309 | | cosmetic art shop. 51 General Assembly Of North Carolina Session 2025 |
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306 | 311 | | (c) No Except as provided in this Chapter, no person may open or operate a cosmetic art 1 |
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307 | 312 | | shop in this State unless a license has been issued by the Board for that shop. 2 |
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308 | 313 | | (d) An individual licensed as an esthetician, natural hair care specialist, or manicurist 3 |
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309 | 314 | | may practice only that part of cosmetic art for which the individual is licensed. An individual 4 |
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310 | 315 | | certified as a certified natural hair care specialist may practice only natural hair care or services 5 |
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311 | 316 | | exempt under this Chapter. 6 |
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312 | 317 | | (d1) No person may teach cosmetic art in a Board-approved cosmetic art school unless the 7 |
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313 | 318 | | person is a teacher licensed under this Chapter. A guest lecturer may be exempt from the 8 |
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314 | 319 | | requirements of this subsection upon approval by the Board. 9 |
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315 | 320 | | (d2) Except as provided in this Chapter, no individual may use the title "certified natural 10 |
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316 | 321 | | hair care specialist" unless the individual holds a certified natural hair care specialist certificate. 11 |
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317 | 322 | | (e) An apprentice licensed under the provisions of this Chapter shall apprentice under the 12 |
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318 | 323 | | direct supervision of a cosmetologist. An apprentice shall not operate a cosmetic art shop. 13 |
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319 | 324 | | (f) A violation of this Chapter is a Class 3 misdemeanor." 14 |
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320 | 325 | | SECTION 1.(k) G.S. 88B-23 reads as rewritten: 15 |
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321 | 326 | | "§ 88B-23. Licenses to be posted. 16 |
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322 | 327 | | (a) Every apprentice, cosmetologist, esthetician, manicurist, natural hair care specialist, 17 |
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323 | 328 | | and teacher licensed under this Chapter and every certified natural hair care specialist shall 18 |
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324 | 329 | | display the certificate of license or certified natural hair care specialist certificate issued by the 19 |
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325 | 330 | | Board within the shop in which the person works. 20 |
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326 | 331 | | (b) Every certificate of license to operate a cosmetic art shop or school shall be 21 |
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327 | 332 | | conspicuously posted in the shop or school for which it is issued." 22 |
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328 | 333 | | SECTION 1.(l) G.S. 88B-24 reads as rewritten: 23 |
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329 | 334 | | "§ 88B-24. Revocation of licenses and other disciplinary measures. 24 |
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330 | 335 | | The Board may restrict, suspend, revoke, or refuse to issue, renew, or reinstate any license or 25 |
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331 | 336 | | certificate for any of the following: 26 |
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332 | 337 | | (1) Conviction of a felony shown by certified copy of the record of the court of 27 |
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333 | 338 | | conviction. 28 |
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334 | 339 | | (2) Gross malpractice or gross incompetency as determined by the Board. 29 |
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335 | 340 | | (3) Advertising by means of knowingly false or deceptive statements. 30 |
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336 | 341 | | (4) Permitting any individual to practice cosmetic art without a license or 31 |
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337 | 342 | | temporary employment permit, with an expired license or temporary 32 |
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338 | 343 | | employment permit, or with an invalid license or temporary employment 33 |
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339 | 344 | | permit.permit, if licensure is required under this Chapter. 34 |
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340 | 345 | | (5) Obtaining or attempting to obtain a license for money or other thing of value 35 |
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341 | 346 | | other than the required fee or by fraudulent misrepresentation. 36 |
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342 | 347 | | (6) Practicing or attempting to practice by fraudulent misrepresentation. 37 |
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343 | 348 | | (7) Willful failure to display a certificate of license or certificate as required by 38 |
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344 | 349 | | G.S. 88B-23. 39 |
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345 | 350 | | (8) Willful violation of the rules adopted by the Board. 40 |
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346 | 351 | | (9) Violation of G.S. 86A-15 G.S. 86B-31 or G.S. 86B-32 by a cosmetologist, 41 |
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347 | 352 | | esthetician, natural hair care specialist, or manicurist any person licensed or 42 |
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348 | 353 | | certified by the Board and Board, or any person practicing cosmetic art under 43 |
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349 | 354 | | an exemption pursuant to G.S. 88B-25(6), while providing cosmetic art 44 |
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350 | 355 | | services in a barber shop." 45 |
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351 | 356 | | SECTION 1.(m) G.S. 88B-25 reads as rewritten: 46 |
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352 | 357 | | "§ 88B-25. Exemptions. 47 |
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353 | 358 | | The following persons are exempt from the provisions of this Chapter while engaged in the 48 |
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354 | 359 | | proper discharge of their professional duties: 49 |
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355 | 360 | | (1) Undertakers and funeral establishments licensed under G.S. 90-210.25. 50 General Assembly Of North Carolina Session 2025 |
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357 | 362 | | (2) Persons authorized to practice medicine or surgery under Chapter 90 of the 1 |
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358 | 363 | | General Statutes. 2 |
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359 | 364 | | (3) Nurses licensed under Chapter 90 of the General Statutes. 3 |
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360 | 365 | | (4) Commissioned medical or surgical officers of the United States Army, Air 4 |
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361 | 366 | | Force, Navy, Marine, or Coast Guard. 5 |
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362 | 367 | | (5) A person employed in a cosmetic art shop whose duties are expressly confined 6 |
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363 | 368 | | to the shampooing or blow drying of hair, provided that the person shall 7 |
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364 | 369 | | comply with rules adopted by the Board relating to sanitary management of 8 |
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365 | 370 | | cosmetic art shops. 9 |
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366 | 371 | | (6) A person providing only natural hair care, makeup artistry, or blow-dry 10 |
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367 | 372 | | styling, provided the person completes a one-time four-hour course on 11 |
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368 | 373 | | sanitation and safety that is offered or approved by the Board prior to 12 |
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369 | 374 | | providing services under this exemption. Such person shall maintain a record 13 |
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370 | 375 | | of completion of the course in a manner prescribed by the Board. The Board 14 |
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371 | 376 | | shall make available at least one qualifying course on its website, free of 15 |
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372 | 377 | | charge." 16 |
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373 | 378 | | 17 |
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374 | 379 | | PART II. AUTHORIZED PRACTICE SETTINGS 18 |
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375 | 380 | | SECTION 2.(a) G.S. 88B-15 reads as rewritten: 19 |
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376 | 381 | | "§ 88B-15. Practice outside cosmetic art shops. 20 |
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377 | 382 | | (a) Any individual licensed or certified under this Chapter Chapter, or any individual 21 |
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378 | 383 | | exempt from licensure when providing natural hair care, blow-dry styling, or makeup artistry 22 |
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379 | 384 | | pursuant to G.S. 88B-25(6), may visit the residences of individuals who are sick or disabled and 23 |
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380 | 385 | | confined to their places of residence in order to attend to their cosmetic needs. A licensed 24 |
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381 | 386 | | individual Such individuals may also visit hospitals, nursing homes, rest homes, retirement 25 |
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382 | 387 | | homes, mental institutions, correctional facilities, funeral homes, and similar institutions 26 |
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383 | 388 | | institutions, and other venues such as event locations to attend to the cosmetic needs of those in 27 |
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384 | 389 | | these institutions.receiving services. Nothing in this section shall be interpreted to limit the 28 |
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385 | 390 | | locations at which an individual exempt from licensure may provide natural hair care, blow-dry 29 |
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386 | 391 | | styling, or makeup artistry. 30 |
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387 | 392 | | (b) An Any individual licensed or certified under this Chapter Chapter, or any individual 31 |
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388 | 393 | | exempt from licensure pursuant to G.S. 88B-25(6), may practice in a licensed barbershop as 32 |
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389 | 394 | | permitted by G.S. 86A-14.G.S. 86B-32." 33 |
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390 | 395 | | SECTION 2.(b) G.S. 86B-32 reads as rewritten: 34 |
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391 | 396 | | "§ 86B-32. Persons exempt from the provisions of this Article. 35 |
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392 | 397 | | The following persons are exempt from the provisions of this Article while engaged in the 36 |
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393 | 398 | | proper discharge of their duties: 37 |
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394 | 399 | | (1) Persons authorized under the laws of the State to practice medicine and 38 |
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395 | 400 | | surgery, and those working under their supervision. 39 |
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396 | 401 | | (2) Commissioned medical or surgical officers of the United States Army or other 40 |
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397 | 402 | | components of the Armed Forces of the United States, and those working 41 |
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398 | 403 | | under their supervision. 42 |
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399 | 404 | | (3) Registered nurses and licensed practical nurses and those working under their 43 |
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400 | 405 | | supervision. 44 |
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401 | 406 | | (4) Licensed embalmers and funeral directors and those working under their 45 |
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402 | 407 | | supervision. 46 |
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403 | 408 | | (5) Persons who are working in licensed cosmetic shops or beauty schools and 47 |
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404 | 409 | | are licensed by the State Board of Cosmetic Art Examiners pursuant to 48 |
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405 | 410 | | Chapter 88B of the General Statutes. 49 |
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406 | 411 | | (6) Persons who are working in barbershops and are licensed or otherwise 50 |
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407 | 412 | | authorized (certified or exempt from licensure) by the State Board of Cosmetic 51 General Assembly Of North Carolina Session 2025 |
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409 | 414 | | Art Examiners pursuant to Chapter 88B of the General Statutes, provided that 1 |
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410 | 415 | | those persons shall comply with G.S. 86B-31. 2 |
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411 | 416 | | (7) Inmates under the jurisdiction of the North Carolina Department of Adult 3 |
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412 | 417 | | Correction. 4 |
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413 | 418 | | (8) Persons who are employed by barbershops and whose duties are expressly 5 |
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414 | 419 | | confined to the shampooing or blow drying of hair, provided that the person 6 |
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415 | 420 | | shall comply with G.S. 86B-31." 7 |
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416 | 421 | | SECTION 2.(c) Rulemaking. – The North Carolina Board of Cosmetic Art 8 |
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417 | 422 | | Examiners may adopt rules to implement subsection (a) of this section. The North Carolina Board 9 |
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418 | 423 | | of Barber and Electrolysis Examiners may adopt rules to implement subsection (b) of this section. 10 |
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419 | 424 | | 11 |
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420 | 425 | | PART III. TRANSITION, IMPLEMENTATION, AND EFFECTIVE DATE 12 |
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421 | 426 | | SECTION 3.(a) Transition from Licenses to Certificates. – The following provisions 13 |
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422 | 427 | | shall govern the transition from natural hair care specialist licenses previously required for 14 |
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423 | 428 | | practice under Chapter 88B of the General Statutes to certified natural hair care specialist 15 |
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424 | 429 | | certificates, which are voluntary and not required for practice, under this act: 16 |
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425 | 430 | | (1) Automatic conversion. – All individuals holding valid natural hair care 17 |
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426 | 431 | | specialist licenses issued by the North Carolina Board of Cosmetic Art 18 |
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427 | 432 | | Examiners as of the effective date of this act shall automatically be deemed to 19 |
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428 | 433 | | hold the equivalent certified natural hair care specialist certificates under 20 |
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429 | 434 | | Chapter 88B of the General Statutes, as amended by this act, without further 21 |
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430 | 435 | | examination, application, fees, or additional qualification requirements. These 22 |
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431 | 436 | | certificates confer the title of "certified natural hair care specialist" but are not 23 |
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432 | 437 | | required to engage in natural hair care services. Holders of these new 24 |
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433 | 438 | | certificates may continue to provide natural hair care services to the same 25 |
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434 | 439 | | extent as they did under the previously held licenses, but possession of the 26 |
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435 | 440 | | certificate is no longer a condition to practice. 27 |
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436 | 441 | | (2) Pending applications. – Any application for a natural hair care specialist 28 |
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437 | 442 | | license submitted to the Board prior to the effective date of this act and still 29 |
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438 | 443 | | pending on that date shall be processed and granted as an application for a 30 |
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439 | 444 | | certified natural hair care specialist certificate, unless the application does not 31 |
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440 | 445 | | meet the requirements for certification under Chapter 88B of the General 32 |
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441 | 446 | | Statutes, as amended by this act. No resubmission or additional qualifications 33 |
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442 | 447 | | shall be required solely because of the change in designation from license to 34 |
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443 | 448 | | certificate under this section. Any certificate issued under this subdivision 35 |
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444 | 449 | | shall be approved under the same conditions and standards that applied to 36 |
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445 | 450 | | licensure immediately prior to the effective date of this act. 37 |
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446 | 451 | | (3) Renewal of certificates. – Upon expiration of a natural hair care specialist 38 |
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447 | 452 | | license converted into a certificate under subdivision (1) of this section, the 39 |
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448 | 453 | | Board shall permit individuals to renew their credential under the standards 40 |
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449 | 454 | | applicable to certified natural hair care specialist certificates in accordance 41 |
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450 | 455 | | with the renewal provisions of G.S. 88B-21, as amended by this act. Nothing 42 |
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451 | 456 | | in this subdivision shall be construed to require an individual to renew the 43 |
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452 | 457 | | certificate in order to continue practicing natural hair care services. Renewal 44 |
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453 | 458 | | merely maintains the use of the "certified natural hair care specialist" 45 |
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454 | 459 | | designation. 46 |
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455 | 460 | | SECTION 3.(b) Rulemaking. – The North Carolina Board of Cosmetic Art 47 |
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456 | 461 | | Examiners may adopt rules to implement the provisions of this act. The Board shall prominently 48 |
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457 | 462 | | post on its publicly available website information about the exemption created by Section 1(m) 49 |
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458 | 463 | | of this act, the requirements for completion of the sanitation course necessary for exempt 50 General Assembly Of North Carolina Session 2025 |
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