Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0698 Compare Versions

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

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5	5	2023 -- S 0698
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7	7	LC002312
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9	9	S TATE OF RHODE IS LAND
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: Senators Valverde, DiMario, and Sosnowski
18	18	Date Introduced: March 22, 2023
19	19	Referred To: Senate Commerce
20	20	(by request)
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Sections 5-10-1, 5-10-8 and 5-10-9 of the General Laws in Chapter 5-10 1
24	24	entitled "Barbers, Hairdressers, Cosmeticians, Manicurists and Estheticians" are hereby amended 2
25	25	to read 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
41	41
42	42
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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)(i) “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	(ii) "Apprentice hairdresser" means an employee whose principal occupation is service 16
60	60	with a hairdresser who has held a current license as a hairdresser for at least three (3) years with a 17
61	61	view to learning the art of hairdressing as defined in subsection (15) of this section. 18
62	62	(11) “Instructor” means any person licensed as an instructor under the provisions of this 19
63	63	chapter. 20
64	64	(12) “Manicuring shop” means a shop licensed under this chapter to do manicuring only 21
65	65	on the nails of any person. 22
66	66	(13) “Manicurist” means any person who engages in manicuring for compensation and is 23
67	67	duly licensed as a manicurist. 24
68	68	(14) “Practice of barbering” means the engaging by any licensed barber in all, or any 25
69	69	combination of, the following practices: shaving or trimming the beard or cutting the hair; giving 26
70	70	facial and scalp massages or treatments with oils, creams, lotions, or other preparations, either by 27
71	71	hand or mechanical appliances; singeing, shampooing, arranging, dressing, curling, waving, 28
72	72	chemical waving, hair relaxing, or dyeing the hair or applying hair tonics; or applying cosmetic 29
73	73	preparations, antiseptics, powders, oils, clays, or lotions to the scalp, face, or neck. 30
74	74	(15) “Practice of hairdressing and cosmetic therapy” means the engaging by any licensed 31
75	75	hairdresser and cosmetician in any one or more of the following practices: the application of the 32
76	76	hands or of mechanical or electrical apparatus, with or without cosmetic preparations, tonics, 33
77	77	lotions, creams, antiseptics, or clays, to massage, cleanse, stimulate, manipulate, exercise, or 34
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81	81	otherwise to improve or to beautify the scalp, face, neck, shoulders, arms, bust, or upper part of the 1
82	82	body; or the manicuring of the nails of any person; or the removing of superfluous hair from the 2
83	83	body of any person; or the arranging, dressing, curling, waving, weaving, cleansing, cutting, 3
84	84	singeing, bleaching, coloring, or similarly treating the hair of any person. Provided, however, that 4
85	85	the practice of hairdressing and cosmetic therapy 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 or completed a two 23
104	104	(2) year apprenticeship with a licensed hairdresser as defined in § 5-10-1; 24
105	105	(6) Has satisfactorily passed a written and a practical examination approved by the division 25
106	106	to determine the fitness of the applicant to receive a license; and 26
107	107	(7) Has complied with § 5-10-10 and any other qualifications that the division prescribes 27
108	108	by regulation. 28
109	109	(b) Notwithstanding the provision of subsection (a)(4), on and after July 1, 1997, an 29
110	110	applicant seeking licensure as a barber must be a high school graduate or hold the equivalent 30
111	111	combination of education and experience. 31
112	112	(c) The division may license, on a case-by-case basis, with or without examination, any 32
113	113	individual who has been licensed as an esthetician, barber, cosmetologist, electrologist, or 33
114	114	manicurist under the laws of another state, which, in the opinion of the division, maintains a 34
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118	118	standard substantially equivalent to that of the state of Rhode Island. 1
119	119	5-10-9. Classes of licenses. 2
120	120	Licenses shall be divided into the following classes and shall be issued by the division to 3
121	121	applicants for the licenses who have qualified for each class of license: 4
122	122	(1) A “hairdresser’s and cosmetician’s license” shall be issued by the division to every 5
123	123	applicant for the license who meets the requirements of § 5-10-8 and has completed a course of 6
124	124	instruction in hairdressing and cosmetology consisting of not less than twelve hundred (1,200) 7
125	125	hours of continuous study and practice. 8
126	126	(i) Effective January 1, 2024, to obtain a hairdresser's license, a person must have 9
127	127	possessed, for at least two (2) years prior to the filing of the application, a certificate of registration 10
128	128	in full force and effect from the department of health of the state specifying that person as a 11
129	129	registered, apprentice hairdresser. The application of that applicant shall be accompanied by an 12
130	130	affidavit, or affidavits, from his or her employer, or former employers, or other reasonably 13
131	131	satisfactory evidence showing that the applicant has been actually engaged in hairdressing as an 14
132	132	apprentice hairdresser in the state during those two (2) years. 15
133	133	(2) An “instructor’s license” shall be granted by the division to any applicant for the license 16
134	134	who has held a hairdresser’s and cosmetician’s license, a barber’s license, a manicurist’s license, 17
135	135	or an esthetician’s license, issued under the laws of this state or another state, for at least the three 18
136	136	(3) years preceding the date of application for an instructor’s license and: 19
137	137	(i) Meets the requirements of § 5-10-8; 20
138	138	(ii) Has satisfactorily completed three hundred (300) hours of instruction in hairdressing 21
139	139	and cosmetology, barber, manicurist, or esthetician teacher training approved by the division as 22
140	140	prescribed by regulation; 23
141	141	(iii) Has satisfactorily passed a written and a practical examination approved by the 24
142	142	division to determine the fitness of the applicant to receive an instructor’s license; 25
143	143	(iv) Has complied with § 5-10-10; and 26
144	144	(v) Has complied with any other qualifications that the division prescribes by regulation. 27
145	145	(3) A “manicurist license” shall be granted to any applicant for the license who meets the 28
146	146	following qualifications: 29
147	147	(i) Meets the requirements of § 5-10-8; and 30
148	148	(ii) Has completed a course of instruction, consisting of not less than three hundred (300) 31
149	149	hours of professional training in manicuring, in an approved school. 32
150	150	(4) An “esthetician license” shall be granted to any applicant for the license who meets the 33
151	151	following qualifications: 34
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155	155	(i) Meets the requirements of § 5-10-8; 1
156	156	(ii) Has completed a course of instruction in esthetics, consisting of not less than six 2
157	157	hundred (600) hours of continuous study and practice over a period of not less than four (4) months, 3
158	158	in an approved school of hairdressing and cosmetology; and 4
159	159	(iii) Any applicant who holds a diploma or certificate from a skin-care school, that is 5
160	160	recognized as a skin-care school by the state or nation in which it is located, and meets the 6
161	161	requirements of subsection (4)(i) of this section, shall be granted a license to practice esthetics; 7
162	162	provided, that the skin-care school has a requirement that, in order to graduate from the school, a 8
163	163	student must have completed a number of hours of instruction in the practice of skin care, which 9
164	164	number is at least equal to the number of hours of instruction required by the division. 10
165	165	(5) A “barber” license shall be issued by the division to every applicant for the license who 11
166	166	meets the requirements of § 5-10-8 and: 12
167	167	(i) Has completed a course of instruction in barbering consisting of not less than one 13
168	168	thousand five hundred (1,500) hours of continuous study and practice in an approved school; 14
169	169	(ii) Has possessed, for at least two (2) years prior to the filing of the application, a certificate 15
170	170	of registration in full force and effect from the department of health of the state specifying that 16
171	171	person as a registered, apprentice barber, and the application of that applicant is accompanied by 17
172	172	an affidavit, or affidavits, from his or her employer, or former employers, or other reasonably 18
173	173	satisfactory evidence showing that the applicant has been actually engaged in barbering as an 19
174	174	apprentice barber in the state during those two (2) years; or 20
175	175	(iii) A combination of barber school training and apprenticeship training as determined by 21
176	176	the rules and regulations prescribed by the division. 22
177	177	SECTION 2. This act shall take effect upon passage. 23
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184	184	EXPLANATION
185	185	BY THE LEGISLATIVE COUNCIL
186	186	OF
187	187	A N A C T
188	188	RELATING TO BUSINESSES AND PROFESSIONS -- BARBERS, HAIRDRESSERS,
189	189	COSMETICIANS, MANICURISTS AND ESTHETICIANS
190	190	***
191	191	This act would allow hairdressers to have apprentices. After a two (2) year apprenticeship, 1
192	192	the apprentice would be eligible to apply for a hairdresser license pursuant to § 5-10-8. 2
193	193	This act would take effect upon passage. 3
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