State of New Jersey
Department of Law and Public Safety
Division of Consumer Affairs


New Jersey Register
Volume 33, Number 21
Monday, November 5, 2001
Rule Proposal

Law And Public Safety
Division Of Consumer Affairs
New Jersey State Board Of Cosmetology And Hairstyling
Physical Requirements For Manicuring Shops Applying For Initial Shop License;
Physical Requirements For Skin Care Specialty Shops Applying For Initial Shop
License; Sale Of Merchandise; Ancillary Services; No Ancillary Services At
Licensed Manicuring Shops Or Licensed Skin Care Specialty Shops; Posting Of
Licenses And Required Notices; Supervision Of Shops And Absence Of Experienced
Practicing Licensee; Curriculum For 500 Hour Course For Student Teachers;
Curriculum For 300 Hour Manicuring Course

Proposed Amendments: N.J.A.C. 13:28-2.6, 2.9, 2.10, 2.11, 2.12, 2.13, 6.31 and 6.33

Proposed New Rule: N.J.A.C. 13:28-2.6A

Authorized By: New Jersey Board of Cosmetology and Hairstyling, Richard Griswold, Executive Director.

Authority: N.J.S.A. 45:5B-6(r) and 45:1-15.1.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2001-429.

Submit comments by January 4, 2002 to:

Richard Griswold, Executive Director

New Jersey Board of Cosmetology and Hairstyling

124 Halsey Street

PO Box 45003

Newark, New Jersey 07101

The agency proposal follows:

Summary

Pursuant to its general rulemaking authority, N.J.S.A. 45:5B-6(r), the New Jersey State Board of Cosmetology and Hairstyling (the Board) is proposing a new rule at N.J.A.C. 13:28-2.6A, concerning the establishment of licensed skin care specialty shops. The Board is proposing the new rule in order to implement the provisions of P.L. 2000, c.159, which supplemented N.J.S.A. 45:5B-1 et seq., and which provides that the Board may now license shops specializing in the provision of skin care specialty services.

Proposed new rule N.J.A.C. 13:28-2.6A sets forth the minimum facility and equipment requirements that all skin care specialty shops must comply with in order to be licensed. Specifically, establishments seeking to be licensed as skin care specialty service shops must contain at least 350 square feet of floor space. Each shop must also display a permanent sign with the name of the shop that is clearly visible to the public from the exterior of the shop. Each shop must also contain at least one lavatory and one sink, as well as one dry sterilizer, one wet sterilizer, one closed container for clean linens, one closed container for soiled linens, and a dispensary where supplies are prepared for use in the shop. N.J.A.C. 13:28-2.6A(b) requires that at least one experienced practicing licensee be present to generally oversee the management of the shop. N.J.A.C. 13:28-2.6A(c) requires all shops to display an informational notice regarding the filing of complaints with the Division. The Board believes that such requirements will promote the health, safety and welfare of New Jersey consumers by ensuring that skin care services are provided in a safe and sanitary manner.

In light of proposed new rule N.J.A.C. 13:28-2.6A, which would allow for the operation of skin care specialty shops, the Board is also proposing amendments to N.J.A.C. 13:28-2.11, concerning the provision of ancillary services in licensed shops, in order to clarify what additional services may be provided in the newly established skin care shops. Proposed new subsection (b) of N.J.A.C. 13:28-2.11 provides that no licensed skin care specialty shop may provide any ancillary service related to the beautification of the body or the enhancement of an individual's personal appearance except for the services delineated in the rule. The permissible services, which are defined as part of N.J.S.A. 45:5B-3, include the application of cosmetic preparations, antiseptics, tonics, lotions, creams or makeup to the scalp, face or neck, the massaging, cleansing or stimulating of the face, neck or upper part of the body with or without cosmetic preparations, and the removing of superfluous hair from the face, neck, arms, legs or abdomen by the use of depilatories, waxing or tweezing.

The Board is also proposing to amend N.J.A.C. 13:28-2.13, which sets forth supervision requirements for the various shops licensed by the Board, to include a new subsection (c) to provide that all skin care specialty shops must employ at least one experienced practicing licensee to oversee the management of the shop. The experienced practicing licensee must be a beautician, barber, cosmetologist-hairstylist, or skin care specialist who has been practicing for at least three years. For clarification purposes, the Board is also adding a new subsection (b) to N.J.A.C. 13:28-2.13 which provides that an experienced practicing licensee employed by a manicuring shop must be a licensed beautician, barber, cosmetologist-hairstylist, or manicurist with at least three years experience. Existing subsections (b), (c) and (d) are recodified as subsections (d), (e) and (f), without change.

In addition to the proposed amendments discussed above, the Board is proposing technical amendments to the rules set forth at N.J.A.C. 13:28-2.6, 2.9, 2.10 and 2.12, for clarification purposes, in light of proposed new rule N.J.A.C. 13:28-2.6A.

The board is also proposing amendments to N.J.A.C. 13:28-6.31 which sets forth the standard curriculum that must be completed by students enrolled in the 500 hour student teacher training course. The Board is proposing to change the breakdown of hours required as part of the classroom instruction in existing subject areas and is also proposing that new subject areas be included within the curriculum. The Board believes that the current curriculum is outdated and, therefore, the proposed amendments are necessary to bring the curriculum in line with the subjects covered by the national test that students must pass in order to be certified as cosmetology and hairstyling teachers.

The Board is also proposing amendments to the curriculum for manicuring courses set forth at N.J.A.C. 13:28-6.33. Currently, N.J.A.C. 13:28-6.33 provides for a 200 hour manicuring course curriculum. Pursuant to P.L. 2000, c.159, the number of hours an applicant seeking initial licensure as a manicurist must have completed was increased to 300. The Board proposes amendments to N.J.A.C. 13:28-6.33 in order to make the rule consistent with the new statutory requirement set forth at N.J.S.A. 45:5B-22. In light of the increase in hours, the proposed amendments to N.J.A.C. 13:28-6.33 also delineate additional areas of instruction that must be included as part of the new manicuring curriculum.

As the Board has provided a 60-day comment period on this notice of proposal, this notice is exempted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The Board believes that the proposed amendments and new rule will have a positive impact upon the licensed community and upon consumers by providing skin care specialty shops and their employees with direction as to minimum equipment and operating requirements that such shops must satisfy, as well as providing direction concerning the services that may be appropriately provided to consumers in such shops. In addition, the Board believes that the proposed amendments to the training curricula for student teachers and manicurists set forth at N.J.A.C. 13:28-6.31 and 6.33 will have a positive impact upon students enrolled in such courses by ensuring that they will receive the training and instruction necessary to competently teach other students or to perform manicuring services on consumers.

Economic Impact

The Board believes that the proposed amendments and new rule may have economic impact upon an applicant seeking a license to operate a skin care specialty shop to the extent that an applicant must ensure that the shop satisfies the minimum facility and equipment requirements outlined in N.J.A.C. 13:28-2.6A. In addition, skin care specialty shop license holders may also experience an economic impact as a result of the proposed amendments to N.J.A.C. 13:28- 2.11 to the extent that shops will be precluded from offering any ancillary services related to the beautification of the body other than services expressly delineated in the rule. The Board believes that the economic costs that may be borne by licensed shops as a result of the proposed amendments and new rule will be outweighed by the benefit to consumers in ensuring that skin care services are provided in a safe and sanitary manner, and that skin care shops are providing only those services in which their employees have been appropriately trained.

The Board also believes that the proposed amendments to N.J.A.C. 13:28- 6.31, concerning the curriculum for student teacher training courses, may have an economic impact upon schools of cosmetology and hairstyling to the extent that the schools may incur administrative expenses associated with changing established curriculums. Similarly, the schools may incur administrative expenses associated with changing established manicuring course curriculums as a result of the proposed amendments to N.J.A.C. 13:28-6.33. The proposed amendments to N.J.A.C. 13:28-6.33, which will increase the number of hours in the manicuring courses from 200 to 300, may also have an impact on students enrolled in such courses who may have to pay more as a result of the statutorily mandated increase. The costs to be borne by the licensed schools of cosmetology and hairstyling, as well as the manicuring students, the Board believes, will be outweighed by the benefit to consumers in ensuring that students training to become cosmetology and hairstyling teachers and manicurists are receiving sufficient training.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendments and new rule are governed by N.J.S.A. 45:5B-1 et seq., and are not subject to any mandated Federal requirements or standards.

Jobs Impact

The Board believes that proposed new rule N.J.A.C. 13:28-2.6A may result in the creation of jobs in the State to the extent that the rule will now permit the operation of shops which specialize in providing skin care specialty services. The opening of skin care specialty shops may result in the creation of additional employment opportunities for Board licensees. The number of jobs that may be created as a result of the proposed new rule, however, cannot be determined at this time because it will vary depending on the number of skin care specialty shops that are ultimately licensed pursuant to the rule, and on the number of employees that are hired by each skin care specialty shop.

Agriculture Industry Impact

The Board does not believe that the proposed amendments or new rule will have any impact on the agriculture industry in New Jersey.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Board to provide a description of the types and an estimate of the number of small businesses to which the proposed amendments and new rule will apply. Currently, the Board licenses approximately 80,000 practitioners, shops and schools of cosmetology and hairstyling. If, for purposes of the Act, Board licensees are considered "small businesses," then the following analysis applies.

The Act requires the Board to set forth the reporting, recordkeeping and other compliance requirements of the proposed amendments and new rule, including the kinds of professional services likely to be needed to comply with the requirements. The Act further requires the Board to estimate the initial and annual compliance costs of the proposed amendments and new rule, to outline the manner in which it has designed the proposed amendments and new rule to minimize any adverse economic impact upon small businesses, and to set forth whether the proposed amendments and new rule establish differing compliance requirements for small businesses.

The proposed amendments and new rule do not impose any reporting or recordkeeping requirements upon Board licensees. The proposed amendments and new rule, however, do impose various compliance requirements upon practitioners, shops and schools of cosmetology and hairstyling. Specifically, proposed new rule N.J.A.C. 13:28-2.6A(a) requires all skin care specialty shops to contain at least 350 square feet of floor space. A shop with more than two work stations must provide an additional 50 square feet of floor space for every work station. Each shop must display a permanent sign with the name of the shop that is clearly visible to the general public from the exterior of the shop. All skincare specialty shops must also contain at least one lavatory and sink, as well as dry and wet sterilizers, a closed container for clean linens, a closed container for soiled linens, and a dispensary where supplies are prepared and dispensed for use in the shop. Subsection (b) of N.J.A.C. 13:28-2.6A requires that at least one experienced practicing licensee be present to generally oversee the management of the shop. Pursuant to subsection (c) of N.J.A.C. 13:28-2.6A, all shops must display an informational notice regarding the filing of complaints with the Division.

N.J.A.C. 13:28-2.9 requires a licensed skin care specialty shop that wishes to sell merchandise within the shop, to ensure that the space allocated for such sales is in addition to the 350 square feet of floor space required for the provision of skin care specialty services. N.J.A.C. 13:28-2.11(b) prohibits the holder of a skin care specialty shop license from offering any ancillary services for the beautification of the body or the enhancement of personal appearance, except for the following: applying cosmetic preparations, antiseptics, tonics, lotions, creams or makeup to the scalp, face or neck; massaging, cleaning or stimulating the face, neck or upper part of the body, by hand, mechanical or electrical appliances; and removing superfluous hair from the face, neck, arms, legs or abdomen by the use of depilatories, waxing or tweezing.

The proposed amendments to N.J.A.C. 13:28-2.13(b) require that each manicuring shop have at least one experienced practicing licensee present to oversee the management of the shop. The licensee must be a beautician, barber, cosmetologist-hairstylist, or manicurist and must have three years experience in the field in which he or she is licensed. Similarly, subsection (c) of N.J.A.C. 13:28-2.13 requires that each skin care specialty shop employ at least one experienced practicing licensee to oversee the management of the shop who has three years experience as a licensed beautician, barber, cosmetologist- hairstylist, or skin care specialist.

The proposed amendments to N.J.A.C. 13:28-6.31 require schools of cosmetology and hairstyling and students enrolled in the 500 hour teacher training course at such schools to comply with the new curriculum requirements outlined in the rule. In addition, schools of cosmetology and hairstyling, as well as the students enrolled in manicuring courses at the schools, must also comply with the new curriculum requirements for the 300 hour manicuring course outlined in the proposed amendments to N.J.A.C. 13:28-6.33.

No additional professional services will be needed to comply with the proposed amendments or new rule. The costs of compliance with the proposed amendments and new rule are discussed in the Economic Impact statement above. The Board believes that the proposed amendments and new rule should be uniformly applied to all licensed practitioners, licensed shops and licensed cosmetology and hairstyling schools in order to ensure the health, safety and welfare of the general public in the provision of cosmetology and hairstyling services and, therefore, no differing compliance requirements based upon size are provided.

Full text of the proposal follows :

<< NJ ADC 13:28-2.6 >>

13:28-2.6 Physical requirements for manicuring shops applying for initial shop license

(a) In addition to meeting the requirements of <<+the introductory paragraph in N.J.A.C. 13:28-2.5(a) and of+>> N.J.A.C. 13:28-2.5(a)1, (b) and (c), all manicuring shops shall contain the following:

1.-7. (No change.)

(b) Each shop shall ensure that there is at least one experienced practicing licensee, as defined in N.J.S.A. 45:5B-11(a)<<+,+>> <<-or->> (b) <<+or (c)+>>, present to generally oversee the management of the shop.

(c) (No change.)

<< NJ ADC 13:28-2.6A >>

<<+13:28-2.6A Physical requirements for skin care specialty shops applying for initial shop license+>>

<<+(a) In addition to meeting the requirements of the introductory paragraph in N.J.A.C. 13:28-2.5(a) and of N.J.A.C. 13:28-2.5(a)1, (b) and (c), all skin care specialty shops shall contain the following:+>>

<<+1. At least one sink in the work area with hot and cold running water;+>>

<<+2. A dry sterilizer for each work area;+>>

<<+3. A wet sterilizer for each work area;+>>

<<+4. A closed container for clean linens;+>>

<<+5. A closed container for soiled linens;+>>

<<+6. A dispensary or place where supplies are prepared and dispensed; and+>>

<<+7. Such other equipment as is necessary to provide those services offered by the shop in a safe and sanitary manner.+>>

<<+(b) Each skin care specialty shop shall ensure that there is at least one experienced practicing licensee, as defined in N.J.S.A. 45:5B-11(a), (b) or (d), present to generally oversee the management of the shop.+>>

<<+(c) All licensed skin care specialty shops shall display the following notice in a location clearly visible to all patrons:+>>

<<+NOTICE+>>

<<+This shop and the operators herein are licensed to provide skin care specialty services by the State Board of Cosmetology and Hairstyling, an agency of the New Jersey Division of Consumer Affairs. Any member of the consuming public having a complaint concerning the matter in which this practice is conducted may notify the State Board of Cosmetology and Hairstyling or the New Jersey Division of Consumer Affairs, PO Box 45003, Newark, New Jersey 07101.+>>

<< NJ ADC 13:28-2.9 >>

13:28-2.9 Sale of merchandise

The holder of a shop license may permit the sale of merchandise within licensed premises, provided that space allocated for such sales is in addition to the space required by N.J.A.C. 13:28-2.5<<+, 2.6, or 2.6A+>>.

<< NJ ADC 13:28-2.10 >>

13:28-2.10 Ancillary services

(a) The holder of a shop license, other than a manicuring shop license <<+or a skin care specialty shop license+>>, may offer ancillary services related to the beautification of the body or the enhancement of personal appearance, but not included in the definition of cosmetology and hairstyling, on the licensed premises, provided that these services are performed in a safe and sanitary manner by personnel who are adequately trained to render such services, and that the space allocated for such services is in addition to the space required by N.J.A.C. 13:28-2.5.

(b)-(d) (No change.)

<< NJ ADC 13:28-2.11 >>

13:28-2.11 No ancillary services at licensed manicuring shops <<+or licensed skin care specialty shops+>>

<<+(a) +>>The holder of a manicuring shop license shall not offer on the licensed premises any ancillary services related to the beautification of the body or the enhancement of personal appearance or any services contained within the definition of cosmetology as set forth in N.J.S.A. 45:5B-3(j) except for <<+the following:+>>

<<+1. +>><<-manicuring->> <<+Manicuring+>> the fingernails<<-,->><<+;+>>

<<+2. +>><<-nail->> <<+Nail+>>-sculpturing<<-,->><<+;+>>

<<+3. +>><<-pedicuring->> <<+Pedicuring+>> the toenails<<-,->><<+;+>> or

<<+4. +>><<-removing->> <<+Removing+>> superfluous hair from the face, neck, arms, legs or abdomen by the use of depilatories, waxing or tweezing, but not by the use of electrolysis.

<<+(b) The holder of a skin care specialty shop license shall not offer on the licensed premises any ancillary services related to the beautification of the body or the enhancement of personal appearance or any services contained within the definition of cosmetology as set forth in N.J.S.A. 45:5B-3(j) except for the following:+>>

<<+1. Applying cosmetic preparations, antiseptics, tonics, lotions, creams or makeup to the scalp, face or neck;+>>

<<+2. Massaging, cleansing or stimulating the face, neck or upper part of the body, with or without cosmetic preparations, either by hand, mechanical or electrical appliances; or+>>

<<+3. Removing superfluous hair from the face, neck, arms, legs or abdomen by the use of depilatories, waxing or tweezing, but not by the use of electrolysis.+>>

<< NJ ADC 13:28-2.12 >>

13:28-2.12 Posting of licenses and required notices

(a) (No change.)

(b) All licensed shops other than manicuring shops <<+and skin care specialty shops+>> shall display the following notice:

NOTICE

This shop and the operators herein are licensed to engage in the practice of cosmetology and hairstyling by the State of New Jersey Division of Consumer Affairs. Any member of the consuming public having a complaint concerning the manner in which this practice is conducted may notify the State Board of Cosmetology and Hairstyling at 124 Halsey Street, Newark, New Jersey 07102, or the New Jersey Division of Consumer Affairs, Post Office Box 45003, Newark, New Jersey 07101.

<< NJ ADC 13:28-2.13 >>

13:28-2.13 Supervision of shops and absence of experienced practicing licensee

(a) Each <<+cosmetology and hairstyling+>> shop shall ensure that there is at least one experienced practicing licensee present to generally oversee the management of the shop. The experienced practicing licensee shall hold a beautician, barber or cosmetologist-hairstylist license and have three years of experience as a beautician, barber or cosmetologist.

<<+(b) Each manicuring shop shall ensure that there is at least one experienced practicing licensee present to generally oversee the management of the shop. The experienced practicing licensee shall hold a beautician, barber, cosmetology-hairstylist or manicuring license and have three years of experience as a beautician, barber, cosmetologist or manicurist.+>>

<<+(c) Each skin care specialty shop shall ensure that there is at least one experienced practicing licensee present to generally oversee the management of the shop. The experienced practicing licensee shall hold a beautician, barber, cosmetology-hairstylist or skin care specialty license and have three years of experience as a beautician, barber, cosmetologist or skin care specialist.+>>

Recodify existing (b)-(d) as <<+(d)-(f)+>> (No change in text.)

<< NJ ADC 13:28-6.31 >>

13:28-6.31 Curriculum for 500 hour course for student teachers



TIME DISTRIBUTION FOR INSTRUCTIONAL UNITS
AND CLINICAL PRACTICE


  Hours of
Class
and Subject
Related
Instruction
Hours of
Practical
Instruction
Total
State Laws, Rules & Regulations for
Cosmetology & Hairstyling Administrative
Shop Operations
5 0 5
Sanitation & Sterilization 5 0 5
Facials, Massage, Skin Care, Make-up,
Depilatory, Eyebrow Arching, Shaving
151530
Shampooing--including Temporary & Semi
Permanent Rinses
5 10 15
Hair and Scalp Treatments, Reconditioning
Treatments
510 15
Hair & Basic Layer & Clipper Cut--Razor,
Scissors, Thinning Shears, Tapering
103040
Hairstyling--including Pin Curls,
Fingerwaving & Blow Waving
10 30 40
Hair Tinting & Bleaching including Frosting,
Tipping & Streaks
102030
Permanent Waving 10 20 30
Chemical Relaxing & Pressing Thermal Curling
& Waving
10 25 35
Manicuring & Pedicuring 10 20 30
Chemistry Relating to Cosmetology 10 0 10
Teaching Methods 40 100 140
Motivation & Learning 10 0 10
Testing 10 0 10
Teacher Preparation 15 0 15
Instruction Evaluation 20 0 20
Classroom Management 20 0 20
TOTAL 220 280 500

<< NJ ADC 13:28-6.33 >>

13:28-6.33 Curriculum for <<-200->> <<+300+>> hour manicuring course



TIME DISTRIBUTION FOR INSTRUCTIONAL UNITS
AND CLINICAL PRACTICE

  Hours of
Class
and Subject
Related
Hours of
Practical
Instruction
Total
State Laws, Rules & Regulations for
Cosmetology & Hairstyling
Administrative Shop Operations
10 0 10
State Board Examination 5 10 15
Professionalism, Safety and Health 5 0 5
Sanitation, Sterilization and Bacteriology 10 5 15
Manicuring and Pedicuring 10 40 50
Diseases and Disorders of the Nail 10 0 10
Anatomy of the Hand, Arm, Foot and Leg 10 0 10
Nail Tips and Extensions 5 20 25
Nail Wraps 5 20 25
Nail Gels 5 10 15
Sculptured Nails 10 30 40
Nail Art 5 5 10
The Skin and its Diseases 5 0 5
Removal of Unwanted Hair 10 30 40
Salon Management 10 0 10
First Aid 5 0 5
Chemicals and Chemistry Relating to Products 10 0 10
TOTAL 130 170 300



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Posted November 5, 2001