Senate Bill #260 (2019)

AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- BARBERS, HAIRDRESSERS, COSMETICIANS, MANICURISTS AND ESTHETICIANS

Exempts natural hair braiders from licensing requirements for hairdressers or cosmeticians, defines natural hair braiding and imposes fines for violations.

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Changes since original draft

  • 2019 – S 0260
  • 2019 – S 0260 SUBSTITUTE A
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  • LC000964
  • LC000964/SUB A
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  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • RELATING TO BUSINESSES AND PROFESSIONS – BARBERS, HAIRDRESSERS,
  • COSMETICIANS, MANICURISTS AND ESTHETICIANS
  • Introduced By: Senators Quezada, Metts, Euer, Crowley, and Valverde
  • Date Introduced: February 13, 2019
  • Referred To: Senate Commerce
  • It is enacted by the GeneralAssembly as follows:
  • 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,
  • LC000964 - Page 2of 5 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 shallnot include naturalhair braiding.
  • LC000964/SUB A - Page 2of 5 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 shallnot include naturalhair 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 mechanicaldevices.
  • (1) Naturalhair 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) Naturalhair 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. ======== LC000964 ========
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  • (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)
  • LC000964/SUB A - Page 3of 5 for each subsequent violation.
  • SECTION 2. This act shalltake effect upon passage. ======== LC000964/SUB A ========
  • LC000964/SUB A - Page 4of 5
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • 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 naturalhair braiding.
  • This act would take effect upon passage. ======== LC000964 ========
  • LC000964 - Page 5of 5
  • ***
  • This act would exempt natural hair braiders from the requirement to be licensed as hairdressers or cosmeticians, would define the practice of natural hair braiding and would impose fines for any violations of this act.
  • This act would take effect upon passage. ======== LC000964/SUB A ========
  • LC000964/SUB A - Page 5of 5

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for Passage

June 27, 2019 at 5:18pm
Yeas: 34 / Nays: 2 / Not voting: 1 / Recused: 1
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Bell Y
Sen. Cano Y
Sen. Ciccone N
Sen. Conley Y
Sen. Coyne Y
Sen. Crowley Y
Sen. Cruz Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Gallo NV
Sen. Goldin Y
Sen. Goodwin Y
Sen. Lawson Y
Sen. Lombardi R
Sen. Lombardo N
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. McKenney Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Murray Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Rogers Y
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y
Sen. Valverde Y