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:

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

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

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as follows:

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     5-10-1. Definitions.

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

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

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

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

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     (2) "Barber" means any person who shaves or trims the beard; waves, dresses, singes,

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shampoos, or dyes the hair; or applies hair tonics, cosmetic preparations, antiseptics, powders, oil

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clays, or lotions to scalp, face, or neck of any person; or cuts the hair of any person; gives facial

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and scalp massages; or treatments with oils, creams, lotions, or other preparations.

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     (3) "Board" means the state board of barbering and hairdressing as provided for in this

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chapter.

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     (4) "Department" means the Rhode Island department of health.

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     (5) "Division" means the division of professional regulation within the department of

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health.

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     (6) "Esthetician" means a person who engages in the practice of esthetics, and is licensed

 

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as an esthetician.

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     (7) "Esthetician shop" means a shop licensed under this chapter to do esthetics of any

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person.

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     (8) "Esthetics" means the practice of cleansing, stimulating, manipulating, and

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beautifying skin, including, but not limited to, the treatment of such skin problems as

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dehydration, temporary capillary dilation, excessive oiliness, and clogged pores.

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     (9) "Hair design shop" means a shop licensed under this chapter to do barbering or

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hairdressing/cosmetology, or both, to any person.

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     (10) "Hairdresser and cosmetician" means any person who arranges, dresses, curls, cuts,

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waves, singes, bleaches, or colors the hair or treats the scalp, or manicures the nails of any person,

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either with or without compensation, or who, by the use of the hands or appliances, or of cosmetic

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preparations, antiseptics, tonics, lotions, creams, powders, oils or clays, engages, with or without

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compensation, in massaging, cleansing, stimulating, manipulating, exercising, or beautifying, or

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in doing similar work upon the neck, face, or arms, or who removes superfluous hair from the

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body of any person.

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     (11) "Instructor" means any person licensed as an instructor under the provisions of this

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chapter.

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     (12) "Manicuring shop" means a shop licensed under this chapter to do manicuring only

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on the nails of any person.

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     (13) "Manicurist" means any person who engages in manicuring for compensation and is

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duly licensed as a manicurist.

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     (14) "School" means a school approved under chapter 40 of title 16, as amended, devoted

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to the instruction in, and study of, the theory and practice of barbering, hairdressing, and cosmetic

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therapy, esthetics, and/or manicuring.

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     (15) "The practice of barbering" means the engaging by any licensed barber in all, or any

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combination of, the following practices: shaving or trimming the beard or cutting the hair; giving

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facial and scalp massages or treatments with oils, creams, lotions, or other preparations, either by

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hand or mechanical appliances; singeing, shampooing, arranging, dressing, curling, waving,

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chemical waving, hair relaxing, or dyeing the hair or applying hair tonics; or applying cosmetic

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preparations, antiseptics, powders, oils, clays, or lotions to scalp, face, or neck.

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     (16) "The practice of hairdressing and cosmetic therapy" means the engaging by any

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licensed hairdresser and cosmetician in any one or more of the following practices: the

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application of the hands or of mechanical or electrical apparatus, with or without cosmetic

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preparations, tonics, lotions, creams, antiseptics, or clays, to massage, cleanse, stimulate,

 

LC003947 - Page 2 of 5

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manipulate, exercise, or otherwise to improve or to beautify the scalp, face, neck, shoulders,

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arms, bust, or upper part of the body; or the manicuring of the nails of any person; or the

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removing of superfluous hair from the body of any person; or the arranging, dressing, curling,

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waving, weaving, cleansing, cutting, singeing, bleaching, coloring, or similarly treating the hair

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

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include natural hair braiding.

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

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coloring, or cleansing the nails of any person.

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     5-10-29. Persons exempt from chapter.

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

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

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of their professions or occupations as defined by law.

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

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

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     (1) Natural hair braiding includes:

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

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decorative beads, and other hair accessories;

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

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weaving, extending, locking, or braiding hair;

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

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shampoos in conjunction with hair braiding;

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

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extensions; and

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

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

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

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

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     (3) Natural hair braiding does not include:

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

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

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

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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

***

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

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

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     This act would take effect upon passage.

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