2022 -- H 8332

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LC006014

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- BARBERS, HAIRDRESSERS,

COSMETICIANS, MANICURISTS AND ESTHETICIANS

     Introduced By: Representatives Fellela, and Messier

     Date Introduced: June 09, 2022

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 5-10 of the General Laws entitled "Barbers, Hairdressers,

Cosmeticians, Manicurists and Estheticians" is hereby amended by adding thereto the following

section:

     5-10-9.2. License or permit for eyelash technician.

     (a) For the purposes of this section, the term "eyelash technician" means a person who

engages in the application or removal of eyelash extensions, fillers or false eyelashes and any use

or application of any chemical, adhesive, glue, tonic, oil, dye, serum or lotion to the area of the

eyelid, eyelash or the eyebrow.

     (b) On or after January 1, 2023, except as provided in subsection (g) of this section, no

person may practice as an eyelash technician without obtaining a license or temporary permit from

the division.

     (c) On and after January 1, 2023, each person seeking an initial license as an eyelash

technician shall apply to the division on a from prescribed by the division, accompanied by an

application fee of one hundred dollars ($100) and evidence that the applicant:

     (1) Has completed a course of not less than fifty (50) hours of study and received a

certificate of completion from an approved school to include, but not limited to, hairdressing and

cosmetology which provided instruction in performance of services specified in subsection (a) of

this section or in a school outside of the state whose requirements are equivalent to an approved

school located in this state; or

     (2)(i) Has practiced as an eyelash technician continuously in this state for a period of not

less than two (2) years prior to January 1, 2023; and

     (ii) Is in compliance with the infection prevention and control plan guidelines prescribed

by the division in the form of an attestation.

     (d) The division may grant a license under this section to any person who is licensed at the

time of application as an eyelash technician or entitled to perform similar services under a different

designation in other states pursuant to the provisions of § 5-10-11 as well as a temporary permit

pending approval upon receipt of a completed application, the application fee, and a copy of the

current license in another state, for a period not to exceed one hundred twenty (120) calendar days

which shall not be renewable.

     (e) Any license issued under this section shall expire in accordance with the provisions of

§ 5-10-10 and may be renewed every two (2) years, for a fee of one hundred dollars ($100). No

person shall carry on the occupation of eyelash technician after the expiration of such person's

license until such person has applied to the division for a renewal of such license.

     (f) No person shall use the title "eyelash technician" or similar title unless the person holds

a license or temporary permit issued under this section.

     (g) A person may practice temporarily as an eyelash technician in this state without a

license or temporary permit if such person, is at an event such as a professional course, seminar,

workshop, trade show or product demonstration:

     (1) Provides instruction on techniques related to being an eyelash technician; or

     (2) Participates in the demonstration of the practice of being an eyelash technician or a

product related to such practice as part of such event; provided that, such person:

     (i) Is licensed or certified in the state, territory or possession of the United States or foreign

country where such person primarily practices as an eyelash technician if such licensure or

certification is required by such state, territory, possession or foreign country;

     (ii) Practices as an eyelash technician under the direct supervision of a licensed eyelash

technician;

     (iii) Does not receive compensation for practicing as an eyelash technician in this state,

other than for providing instruction for such practice to persons in attendance at the course, seminar,

workshop, trade show or other event; and

     (iv) Provides instruction or demonstrates techniques or services related to practicing as an

eyelash technician only for persons enrolled in the course, seminar or workshop or attending the

trade show or other event at which such person provides instruction, demonstrates a product or

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offers such services. Any person or organization that holds or produces a course, seminar work

shop, trade show or other event at which eyelash technicians without a license or temporary permit

provide instruction, participate in a demonstration or offer services related to the practice of an

eyelash technician, shall ensure compliance with the provisions of this subsection.

     (h) The provisions of this section shall not apply to a student enrolled in a program at a

school approved pursuant to the provisions of subsection (c) of this section while engaged in a

course of instruction.

     (i) No license or temporary permit shall be issued under this section to any applicant against

whom professional disciplinary action is pending or who is the subject of an unresolved complaint

in any state or jurisdiction.

     (j) The division may take any disciplinary action set forth in § 5-10-26 against an eyelash

technician for failure to conform to the accepted standards of the profession, including, but not

limited to:

     (1) Conviction of a felony;

     (2) Fraud or deceit in obtaining or seeking reinstatement of a license to practice as an

eyelash technician;

     (3) Fraud or deceit in the practice of an eyelash technician;

     (4) Negligent, incompetent or wrongful conduct in professional activities;

     (5) Physical, mental or emotional illness or disorder resulting in an inability to conform to

the accepted standards of the profession; or

     (6) Abuse or excessive use of drugs, including, alcohol, narcotics, or chemicals. The

division may order a license holder to submit to a reasonable physical or mental examination if his

or her physical or mental capacity to practice safely is the subject of an investigation. The division

may petition the superior court to enforce such order or any action taken pursuant to § 5-10-26. The

division shall give notice and an opportunity to be heard on any contemplated action under section

§ 5-10-26.

     (k) The division shall promulgate rules and regulations necessary for the implementation

of the provisions of this section.

     SECTION 2. Section 5-10-10 of the General Laws in Chapter 5-10 entitled "Barbers,

Hairdressers, Cosmeticians, Manicurists and Estheticians" is hereby amended to read as follows:

     5-10-10. Application form -- Fee -- Expiration and renewal of licenses -- Fees.

     (a) Applications for licenses under §§§ 5-10-9 and 5-10-9.2 shall be made upon any forms

that are prescribed by the division and are accompanied by an application fee established in

regulation. The license of every person licensed under §§ 5-10-8, and 5-10-9 and 5-10-9.2 shall

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expire on the thirtieth (30th) day of October of every other year following the date of license. This

is determined on an odd-even basis. On or before the first day of September of every year, the

administrator of professional regulation shall mail an application for renewal of license to persons

scheduled to be licensed that year on an odd or even basis as to the license number. Every person

who wishes to renew his or her license must file with the administrator of professional regulation

a renewal application duly executed together with the renewal fee as set forth in § 23-1-54.

Applications, accompanied by the fee for renewal, shall be filed with the division on or before the

fifteenth (15th) day of October in each renewal year. Upon receipt of the application and fee, the

administrator of professional regulation shall grant a renewal license effective October 1 and

expiring two (2) years later on September 30.

     (b) Every person who fails to renew his or her license on or before September 30 following

the date of issuance as provided in subsection (a) of this section may be reinstated by the division

upon payment of the current renewal fee as set forth in § 23-1-54.

     (c) The license shall be on the person at all times while performing the services for which

they are licensed.

     SECTION 3. 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 require that eyelash technicians engaged in the application or removal of

eyelash extensions and the use of chemicals in the area of the eyelid, eyelash or eyebrow obtain a

license or temporary permit from the division of professional regulation within the department of

health (DOH) on or before January 1, 2023.

     This act would take effect upon passage.

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