2018 -- S 2323

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LC003947

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- BARBERS, HAIRDRESSERS,

COSMETICIANS, MANICURISTS AND ESTHETICIANS

     Introduced By: Senators Euer, Quezada, Pearson, Calkin, and Nesselbush

     Date Introduced: February 15, 2018

     Referred To: Senate Commerce

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 5-10-1 and 5-10-29 of the General Laws in Chapter 5-10 entitled

"Barbers, Hairdressers, Cosmeticians, Manicurists and Estheticians" are hereby amended to read

as follows:

     5-10-1. Definitions.

     The following words and phrases, when used in this chapter, are construed as follows:

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

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

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

     (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 is 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 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 is

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 barbering, 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; or 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,

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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. Provided, however, that the practice of hairdressing and cosmetic therapy shall not

include natural hair braiding.

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

coloring, or cleansing the nails of any person.

     5-10-29. Persons exempt from chapter.

     (a) The provisions and penalties of this chapter do not apply to licensed physicians,

osteopaths, chiropractors, or registered nurses, natural hair braiders when acting within the scope

of their professions or occupations as defined by law.

     (b) Natural hair braiding. Natural hair braiding is a service of twisting, wrapping,

weaving, extending, locking, or braiding hair by hand or with mechanical devices.

     (1) Natural hair braiding includes:

     (i) The use of natural or synthetic hair extensions, natural or synthetic hair and fibers,

decorative beads, and other hair accessories;

     (ii) Minor trimming of natural hair or hair extensions incidental to twisting, wrapping,

weaving, extending, locking, or braiding hair;

     (iii) The use of topical agents such as conditioners, gels, moisturizers, oils, pomades, and

shampoos in conjunction with hair braiding;

     (iv) The making of wigs from natural hair, natural fibers, synthetic fibers, and hair

extensions; and

     (v) Mechanical devices mean clips, combs, crochet hooks, curlers, curling irons, hairpins,

rollers, scissors, blunt-tipped needles, thread, and hair binders.

     (2) Natural hair braiding is commonly known as "African-style hair braiding" but is not

limited to any particular cultural, ethnic, racial, or religious forms of hair styles.

     (3) Natural hair braiding does not include:

     (i) The application of dyes, reactive chemicals, or other preparations to alter the color of

the hair or to straighten, curl, or alter the structure of the hair; or

     (ii) The use of chemical hair joining agents such as synthetic tape, keratin bonds, or

fusion bonds.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- BARBERS, HAIRDRESSERS,

COSMETICIANS, MANICURISTS AND ESTHETICIANS

***

     This act would exempt natural hair braiders from the requirement to be licensed as

hairdressers or cosmeticians, and would define the practice of natural hair braiding.

     This act would take effect upon passage.

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