Chapter 108 |
2019 -- H 5677 SUBSTITUTE A Enacted 07/08/2019 |
A N A C T |
RELATING TO BUSINESSES AND PROFESSIONS -- BARBERS, HAIRDRESSERS, COSMETICIANS, MANICURISTS AND ESTHETICIANS |
Introduced By: Representatives Williams, Cassar, Almeida, Vella-Wilkinson, and |
Date Introduced: February 27, 2019 |
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, |
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, or 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. |
(c) Any violation of this section shall result in a fine of fifty dollars ($50.00) for a first |
violation, one hundred dollars ($100) for a second violation, and one hundred fifty dollars ($150) |
for each subsequent violation. |
SECTION 2. This act shall take effect upon passage. |
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LC000009/SUB A |
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