Rhode Island 2023 Regular Session

Rhode Island House Bill H6369 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 6369
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7	7	LC002461
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO BUSINESSES AND PROFESSIONS -- BARBERS, HAIRDRESSERS,
16	16	COSMETICIANS, MANICURISTS AND ESTHETICIANS
17	17	Introduced By: Representative Arthur J. Corvese
18	18	Date Introduced: May 05, 2023
19	19	Referred To: House Corporations
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21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Sections 5-10-1 and 5-10-8 of the General Laws in Chapter 5-10 entitled 1
24	24	"Barbers, Hairdressers, Cosmeticians, Manicurists and Estheticians" are hereby amended to read 2
25	25	as follows: 3
26	26	5-10-1. Definitions. 4
27	27	The following words and phrases, when used in this chapter, are construed as follows: 5
28	28	(1) “Apprentice barber” means an employee whose principal occupation is service with a 6
29	29	barber who has held a current license as a barber for at least three (3) years with a view to learning 7
30	30	the art of barbering, as defined in subsection (14). 8
31	31	(2) “Barber” means any person who shaves or trims the beard; waves, dresses, singes, 9
32	32	shampoos, or dyes the hair; or applies hair tonics, cosmetic preparations, antiseptics, powders, oil 10
33	33	clays, or lotions to the scalp, face, or neck of any person; or cuts the hair of any person; gives facial 11
34	34	and scalp massages; or treatments with oils, creams, lotions, or other preparations. 12
35	35	(3) “Board” means the state board of barbering and hairdressing as provided for in this 13
36	36	chapter. 14
37	37	(4) “Department” means the Rhode Island department of health. 15
38	38	(5) “Division” means the division of professional regulation within the department of 16
39	39	health. 17
40	40	(6) “Esthetician” means a person who engages in the practice of esthetics, and is licensed 18
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44	44	as an esthetician. 1
45	45	(7) “Esthetician shop” means a shop licensed under this chapter to do esthetics of any 2
46	46	person. 3
47	47	(8) “Esthetics” means the practice of cleansing, stimulating, manipulating, and beautifying 4
48	48	skin, including, but not limited to, the treatment of such skin problems as dehydration, temporary 5
49	49	capillary dilation, excessive oiliness, and clogged pores. 6
50	50	(9) “Hair design shop” means a shop licensed under this chapter to do barbering or 7
51	51	hairdressing/cosmetology, or both, to any person. 8
52	52	(10) “Hairdresser and cosmetician” means any person who arranges, dresses, curls, cuts, 9
53	53	waves, singes, bleaches, or colors the hair or treats the scalp, or manicures the nails of any person, 10
54	54	either with or without compensation, or who, by the use of the hands or appliances, or of cosmetic 11
55	55	preparations, antiseptics, tonics, lotions, creams, powders, oils or clays, engages, with or without 12
56	56	compensation, in massaging, cleansing, stimulating, manipulating, exercising, or beautifying, or in 13
57	57	doing similar work upon the neck, face, or arms, or who removes superfluous hair from the body 14
58	58	of any person. 15
59	59	(11) “Instructor” means any person licensed as an instructor under the provisions of this 16
60	60	chapter. 17
61	61	(12) “Manicuring shop” means a shop licensed under this chapter to do manicuring only 18
62	62	on the nails of any person. 19
63	63	(13) “Manicurist” means any person who engages in manicuring for compensation and is 20
64	64	duly licensed as a manicurist. 21
65	65	(14) “Practice of barbering” means the engaging by any licensed barber in all, or any 22
66	66	combination of, the following practices: shaving or trimming the beard or cutting the hair; giving 23
67	67	facial and scalp massages or treatments with oils, creams, lotions, or other preparations, either by 24
68	68	hand or mechanical appliances; singeing, shampooing, arranging, dressing, curling, waving, 25
69	69	chemical waving, hair relaxing, or dyeing the hair or applying hair tonics; or applying cosmetic 26
70	70	preparations, antiseptics, powders, oils, clays, or lotions to the scalp, face, or neck. 27
71	71	(15) “Practice of hairdressing and cosmetic therapy” means the engaging by any licensed 28
72	72	hairdresser and cosmetician in any one or more of the following practices: the application of the 29
73	73	hands or of mechanical or electrical apparatus, with or without cosmetic preparations, tonics, 30
74	74	lotions, creams, antiseptics, or clays, to massage, cleanse, stimulate, manipulate, exercise, or 31
75	75	otherwise to improve or to beautify the scalp, face, neck, shoulders, arms, bust, or upper part of the 32
76	76	body; or the manicuring of the nails of any person; or the removing of superfluous hair from the 33
77	77	body of any person; or the arranging, dressing, curling, waving, weaving, cleansing, cutting, 34
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81	81	singeing, bleaching, coloring, or similarly treating the hair of any person, or the application or 1
82	82	removal of eyelash extensions, fibers or false eyelashes to an eyelid or eyelids and any use or 2
83	83	application of any chemical, adhesive, glue, tonic, oil, dye, serum or lotion to the area of the eyelid, 3
84	84	eyelash or the eyebrow. Provided, however, that the practice of hairdressing and cosmetic therapy 4
85	85	shall not include natural hair braiding. 5
86	86	(16) “Practice of manicuring” means the cutting, trimming, polishing, tinting, coloring, or 6
87	87	cleansing the nails of any person. 7
88	88	(17) “School” means a school approved under chapter 40 of title 16, as amended, devoted 8
89	89	to the instruction in, and study of, the theory and practice of barbering, hairdressing, and cosmetic 9
90	90	therapy, esthetics, and/or manicuring. 10
91	91	5-10-8. Issuance of licenses — Qualifications of applicants. 11
92	92	(a) The division shall issue licenses to persons engaged in, or desiring to engage in, the 12
93	93	practice of barbering, hairdressing and cosmetic therapy and/or manicuring or esthetics and for 13
94	94	instructing in any approved school of barbering or hairdressing and cosmetic therapy and 14
95	95	manicuring or esthetics; provided, that no license shall be issued to any person under this chapter 15
96	96	unless the applicant for the license: 16
97	97	(1) Is at least eighteen (18) years of age; 17
98	98	(2) Is a citizen of the United States of America or has legal entry into the country; 18
99	99	(3) Is of good moral character; 19
100	100	(4) Is a high school graduate or holds the equivalent or has twenty-five (25) or more years 20
101	101	of prior experience in the practice for which the license is sought; 21
102	102	(5) Has satisfactorily completed the course of instruction in an approved school of 22
103	103	barbering, hairdressing, and cosmetic therapy and/or manicuring or esthetics, which shall include 23
104	104	a separate course and certificate for application or removal of eyelash extensions, fibers or false 24
105	105	eyelashes issued by the division; 25
106	106	(6) Has satisfactorily passed a written and a practical examination approved by the division 26
107	107	to determine the fitness of the applicant to receive a license; and 27
108	108	(7) Has complied with § 5-10-10 and any other qualifications that the division prescribes 28
109	109	by regulation. 29
110	110	(b) Notwithstanding the provision of subsection (a)(4), on and after July 1, 1997, an 30
111	111	applicant seeking licensure as a barber must be a high school graduate or hold the equivalent 31
112	112	combination of education and experience. 32
113	113	(c) The division may license, on a case-by-case basis, with or without examination, any 33
114	114	individual who has been licensed as an esthetician, barber, cosmetologist, electrologist, or 34
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118	118	manicurist under the laws of another state, which, in the opinion of the division, maintains a 1
119	119	standard substantially equivalent to that of the state of Rhode Island. 2
120	120	SECTION 2. This act shall take effect upon passage. 3
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127	127	EXPLANATION
128	128	BY THE LEGISLATIVE COUNCIL
129	129	OF
130	130	A N A C T
131	131	RELATING TO BUSINESSES AND PROFESSIONS -- BARBERS, HAIRDRESSERS,
132	132	COSMETICIANS, MANICURISTS AND ESTHETICIANS
133	133	***
134	134	This act would add the application or removal of eyelash extensions and the use of 1
135	135	chemicals in the area of the eyelids to the definition of the "practice of hairdressing and cosmetic 2
136	136	therapy". 3
137	137	This act would take effect upon passage. 4
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139	139	LC002461
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