SPECIAL ADOPTION
LAW AND PUBLIC SAFETY
(a)
DIVISION OF CONSUMER AFFAIRS
BOARD OF COSMETOLOGY AND HAIRSTYLING
Licensure Requirements for Hair Braiding and Hair
Braiding Shops; Curriculum for Hair Braiders;
Requirements for Cosmetology-Hairstyling,
Beauty Culture, Barbering, Manicuring, and Skin
Care Specialty
Special Adopted Amendments and Concurrent
Proposed Readoption of Specially Adopted
Amendments: N.J.A.C. 13:28-1.1, 1.1A, 1.2, 1.3,
1.7, 1A.1, 2.1, 2.2, 2.3, 2.5, 2.7, 2.7A, 2.8, 2.9, 2.10,
2.13, 2.14, 2.15, 3.3, 4.1, 4.2, 4.3, 4.4, 6.1, 6.7, 6.8,
6.10, 6.13, 6.15, 6.16, 6.20, 6.21, 6.22, 6.23, 6.27,
6.29, 6.31, and 6.36
Special Adopted New Rules and Concurrent
Proposed Readoption of Specially Adopted New
Rules: N.J.A.C. 13:28-6.35 and 6.36
Specially Adopted Amendments and New Rules Adopted and
Proposed Readoption of Specially Adopted Amendments and
New Rules Authorized: March 12, 2019,
by the Board of Cosmetology and Hairstyling,
Jay Malanga, Executive Director.
Filed: October 30, 2019, as R.2019 d.124.
Authority: N.J.S.A. 45:5B-6(r) and P.L. 2018, c. 126.
Calendar Reference: See Summary below for explanation
of exception to calendar requirement.
Concurrent Proposal Number:
PRN 2019-160.
Effective Date: October 30, 2019.
Expiration Date: October 27, 2020.
Submit written comments by
January 31, 2020, to:
Jay Malanga, Executive Director
New Jersey State Board of Cosmetology and Hairstyling
PO Box 45003
Newark, New Jersey 07101
or electronically at: www.NJConsumerAffairs.gov/proposal/
comment/.
Take notice that in accordance with P.L. 2018, c. 126, which Governor
Murphy signed on October 4, 2018, the Board of Cosmetology and
Hairstyling (Board) has adopted the following amendments and new rules
regarding the licensure of hair braiders and the provision of hair braiding
services in licensed shops. The statute provides that the Board may adopt
rules that are effective “immediately upon filing with the Office of
Administrative Law.” Therefore, these rules became effective on October
30, 2019, upon acceptance for filing by the Office of Administrative Law.
The rules will be effective for a period not to exceed six months from
October 30, 2019, or April 30, 2020.
Concurrently, the provisions of the specially adopted new rules and
amendments are being proposed for readoption in accordance with normal
rulemaking requirements of the Administrative Procedure Act, N.J.S.A.
52:14B-1 et seq. The filing of the concurrent notice of readoption extends
the expiration date of the specially adopted new rules and amendments an
additional 180 days, that is, until October 27, 2020. The adoption of the
concurrent proposed readoption of the specially adopted new rules and
amendments will become effective upon acceptance for filing at the
Office of Administrative Law (see N.J.A.C. 1:30-6.4(f)), if filed on or
before October 27, 2020.
The agency special adoption and concurrent proposal follows:
Summary
On October 4, 2018, P.L. 2018, c. 126 amended the Cosmetology and
Hairstyling Act of 1984, N.J.S.A. 45:5B-1 et seq., to expand economic
opportunities for African-American women, immigrants from African and
Caribbean countries, and others, by easing certain licensure requirements
that might otherwise prevent them from engaging in the practice of hair
braiding.
Prior to enactment of P.L. 2018, c. 126, those interested in providing
hair braiding services were required to complete 1,200 hours of training
at a beauty school, which could cost as much as $17,000 to attend, even
though most of the instruction hours would be devoted to topics that do
not pertain to hair braiding. With the enactment of P.L. 2018, c. 126, the
Legislature sought to remove certain barriers to economic opportunity for
individuals who might pursue work as hair braiders, while maintaining
consumer protections for patrons of hair braiders, which primarily include
African-American women and African- and Caribbean-immigrant
women.
P.L. 2018, c. 126 creates a limited license to perform hair braiding
services and a licensure requirement for hair braiding shops, with training
requirements appropriately tailored to the practice of hair braiding.
Pursuant to P.L. 2018, c. 126 and its own rulemaking authority at N.J.S.A.
45:5B-6.r, s, v, and w, the Board is specially adopting, and concurrently
proposing to readopt the specially adopted, new rules to incorporate the
requirements for licensure in hair braiding and for hair braiding shops.
Additionally, the Board is specially adopting, and concurrently proposing
to readopt, amendments to existing rules to clarify the impact of the new
law on other Board licensees and shops providing other services regulated
by the Board. Finally, the Board is specially adopting, and concurrently
proposing to readopt, amendments to rules concerning licensed
cosmetology and hairstyling schools, including elimination of the 60-day
Board-review period for schools offering hair braiding programs, which
waiver will allow schools to start their hair braiding programs more
quickly.
The new rules provide that prior to applying, applicants will need to
complete an approved hair braiding education course. The length of the
course (either 40 or 50 hours) will depend on whether the applicant can
demonstrate three years of hair braiding experience. If the applicant can
demonstrate three years of experience, the applicant may complete a 40-
hour course. If the applicant cannot demonstrate three years of experience,
the applicant must complete a 50-hour course. Once the course is
completed, applicants may submit their licensure applications for
consideration by the Board.
The Board notes that it is amending various rules throughout N.J.A.C.
13:28 to incorporate references to “hair braiding” in the existing rules, as
appropriate, to implement P.L. 2018, c. 126, and to ensure that licensees
and the public are aware that hair braiding is now a regulated service that
may be offered by Board licensees.
Existing N.J.A.C. 13:28-1.1 sets forth the scopes of practice of the
occupations licensed by the Board and also lists the necessary steps to
apply for, as well as to maintain, a license. The Board is proposing to
amend N.J.A.C. 13:28-1.1(a)1ii, which sets forth the scope of practice for
cosmetology-hairstyling, by adding language to note that in addition to
the services delineated at subparagraph (a)1ii—shampooing, cutting,
arranging, dressing, relaxing, curling, permanent waving, or styling—a
licensed cosmetologist-hairstylist may perform all the services in the
definition of hair braiding as set forth at proposed new N.J.A.C. 13:28-
1.1(a)6 and that there is no difference in the services that can be provided
by those licensed cosmetologist-hairstylists who obtained licensure before
P.L. 2018, c. 126 was enacted and those who obtained licensure after P.L.
2018, c. 126 was enacted. The Board is proposing to amend N.J.A.C.
13:28-1.1(a)2i regarding the scope of practice for licensed beauticians by
adding language to note that in addition to the services listed at
subparagraph (a)2i—shampooing, cutting, arranging, dressing, relaxing,
curling, permanent waving, or styling—a licensed beautician may
perform all the services in the scope of practice of hair braiding as set forth
at proposed new N.J.A.C. 13:28-1.1(a)6 with the exception of weaving.
An identical amendment is proposed by the Board at subparagraph (a)3ii
for licensed barbers. The incorporation of this language into each of these
provisions clarifies that individuals that hold beauty culture or barbering
licenses may perform hair braiding services, with the exception of
weaving, without having to obtain a hair braiding license. The Board is
also proposing for deletion N.J.A.C. 13:28-1.1(a)1ix, which is also
consistent with the provisions of P.L. 2018, c. 126. The Board is also
proposing to add new N.J.A.C. 13:28-1.1(a)6, as noted above, to formally
add a scope of practice for hair braiding, which mirrors the definition of
“hair braiding” at P.L. 2018, c.126.
N.J.A.C. 13:28-1.1(b) details the application process and requirements
for licensure. The Board is proposing to amend N.J.A.C. 13:28-1.1(b) to
clarify to all applicants of any of the various licenses that the applications
are filed with the Board for both examination and initial licensure, not
solely examination, as the current regulation provides. Additionally, the
rule has been amended to include the Board’s website address to advise
applicants that the form is available both online and in hardcopy.
Proposed new N.J.A.C. 13:28-1.1(e)1vi states that an applicant for
licensure in hair braiding who has three years of experience in hair
braiding shall demonstrate completion of a 40-hour program that is
consistent with the curriculum established at proposed new N.J.A.C.
13:28-6.35, discussed below. Proposed new N.J.A.C. 13:28-1.1(e)1vi(1)
provides that an applicant from a 40-hour program may demonstrate three
years of experience by submitting a W-2 or other document to show
employment as a hair braider. Proposed new N.J.A.C. 13:28-1.1(e)1vii
states that an applicant for licensure in hair braiding who does not have
three years of experience in hair braiding shall complete a 50-hour
program consistent with the curriculum established at proposed new
N.J.A.C. 13:28-6.36, discussed below. In order to facilitate the licensure
process for new applicants, the Board proposes new N.J.A.C. 13:28-
1.1(e)1viii, which will give individuals who were employed as hair
braiders as of October 30, 2019, the effective date of the specially adopted
new rules and amendments, up to three months after the publication date
of the notice of adoption of the proposed readoption of the specially
adopted new rules and amendments to obtain a hair braiding license. This
will also allow time for schools to establish hair braiding curricula
consistent with P.L. 2018, c. 126 and this rulemaking, for students to then
complete such educational programs, and for the Board to prepare the
necessary application forms for hair braiding applicants.
The Board proposes new N.J.A.C. 13:28-1.2(a)1i to note that testing
for the written theory portion of the examination for hair braiders will be
paper-based unless a Board-approved vendor is able to administer a
computer-based test for the hair braiding theory portion of the
examination This is to clarify for hair braiding applicants that the Board
may not be able to contract with a third-party vendor in time for a
computer-based test to be offered to the first few classes of graduates from
a hair braiding program who sit for the braiding examination. The Board
is currently working on proposals to send to vendors.
Subchapter 1A addresses definitions used in N.J.A.C. 13:28. The
Board proposes to add seven new definitions: hair braiding, hair braiding
specialist, mechanical device, practicing licensee, registered student,
senior student, and senior permit. “Hair braiding” and “hair braiding
specialist” are included because all other licensed specialties offered by
the Board are already included in the definitions section. Consistent with
the definition at P.L. 2018, c. 126, the new rules define “hair braiding” to
mean “twisting, wrapping, weaving, extending, locking, or braiding of
hair by hand or mechanical device.” The Board proposes to add a
definition for “mechanical device” to avoid confusion among licensees
over whether they may perform hair braiding services solely by hand or
can also perform them with a mechanical device. The Board is also
proposing to add a definition for the term “practicing licensee.” As
contemplated by the Legislature, adding this definition incorporates hair
braiders into the classes of licensees regulated by the Board. Similarly,
adding definitions for registered student, senior student, and student
permit helps to carry out the Legislature’s intent by clarifying that, as with
other licensees, an individual must be a registered student to qualify as a
senior student, and must be a senior student to obtain a student permit.
Subchapter 2 addresses requirements for licensure as a shop. The Board
proposes new N.J.A.C. 13:28-2.1(a)6 to incorporate a hair braiding shop
into the list of shops licensed by the Board. Therefore, as with other types
of shops the Board licenses, hair braiding shops will need to comply with
rules concerning shop licensure, layout and square footage, minimum
equipment, and restrictions on services offered. The Board is also
proposing to amend N.J.A.C. 13:28-2.1(b) by adding a link to its website,
so shop licensees know information on shop licensure is available both
online and in hardcopy. Proposed new N.J.A.C. 13:28-2.1(i) provides hair
braiding shops that were open on or before January 2, 2019, shall have
until February 27, 2020, 120 days after the effective date of the specially
adopted new rules and amendments, to comply with the requirements of
N.J.A.C. 13:28-2 and submit, to the Board, an application for a shop
license or waiver request. The Board is proposing this amendment to give
these businesses adequate time to review the requirements and determine
how a shop may comply with the Board’s requirements. The Board is also
proposing to amend N.J.A.C. 13:28-2.5(c) to allow a hair braiding shop
operating on or before January 2, 2019, to apply for a waiver of a Board
requirement. The Board notes that this waiver process was also offered to
shops licensed before a 1984 update of the Cosmetology and Hairstyling
Act.
Proposed new N.J.A.C. 13:28-2.7A(d) incorporates provisions from
P.L. 2018, c. 126, and prohibits hair braiding shops from engaging in
business activities other than the offering of hair braiding services; sale of
certain merchandise, as established by N.J.S.A. 45:5B-40 and existing
N.J.A.C. 13:28-2.9; and certain ancillary beautification services, as
established also by N.J.S.A. 45:5B-50 and existing N.J.A.C. 13:28-2.10.
The Board proposes new N.J.A.C. 13:28-2.13(a)6 to require a
cosmetologist-hairstylist, beautician, or hair braider with three years of
experience to act as the experienced practicing licensee of a hair braiding
shop. The proposed new paragraph mirrors P.L. 2018, c. 126. The Board
also proposes new N.J.A.C. 13:28-2.13(a)6i, which provides that, upon
licensure, a hair braider who completed a 40-hour hair braiding program
will be automatically considered eligible to act as an experienced
practicing licensee of a hair braiding shop. As noted above, and at P.L.
2018, c. 126, if an individual can demonstrate three years of experience in
hair braiding, he or she is permitted to attend a 40-hour, rather than a 50-
hour, program in hair braiding.
Subchapter 3 addresses safety and sanitation requirements for licensed
shops. The Board is proposing to amend N.J.A.C. 13:28-3.3(e)2 to change
“Material Data Safety Sheets (MDSS)” to “Safety Data Sheets (SDS).”
This change brings the rule language in line with current industry usage.
The Board is also proposing a similar amendment at N.J.A.C. 13:28-
3.3(e)4.
Subchapter 4 addresses enforcement of N.J.S.A. 45:5B-1 et seq., and
the Board’s rules in licensed shops. Subchapter 5 addresses the fees
charged by the Board.
Subchapter 6 addresses schools of cosmetology and hairstyling. The
Board is proposing new N.J.A.C. 13:28-6.8(a)3 to indicate that each time
a school submits a registration card request for a student enrolled in a 40-
hour hair braiding program, the school must also submit the
documentation the individual supplied to demonstrate three years of hair
braiding experience. As noted above, three years of experience in braiding
is required to attend a 40-hour, rather than a 50-hour, hair braiding
program. The Board will review the information to ensure individuals are
properly being admitted to 40-hour programs. The Board is also proposing
new N.J.A.C. 13:28-6.10(a)1 to waive the requirement that the Board be
given 60 days to review and approve a date for the commencement of a
school’s classes if a school is offering programs in hair braiding. This will
allow schools to get hair braiding programs operating more quickly than
would strict adherence to the 60-day review period. In addition, the Board
is proposing new N.J.A.C. 13:28-6.13(b)1 to waive the requirement that
the Board be given one-month notice if a school proposes a change to its
schedule of classes. This will allow schools to more expeditiously
incorporate hair braiding courses into their schedules.
The Board is proposing new N.J.A.C. 13:28-6.20(h) to list the supplies
a school will have to give to each hair braiding student. The Board is also
proposing new N.J.A.C. 13:28-6.21(d)11 to incorporate the qualifications
to be designated a junior hair braiding student and proposed new
paragraph (d)12 to incorporate the qualifications to be designated a senior
hair braiding student.
The Board is proposing a technical amendment to N.J.A.C. 13:28-6.22
to clarify that a school is to submit applications to the Board for each
student who is to sit for examination. The existing rule does not state that
the Board is to receive the application. The Board is also proposing
technical amendments to N.J.A.C. 13:28-6.23(a)6 because the term
“junior” was missing from the requirement that a minimum of one
licensed teacher attend to each classroom that has up to 25 manicuring
students. The Board is also proposing to add N.J.A.C. 13:28-6.23(a)8 to
establish that one licensed teacher is needed for every 25 hair braiding
students in a classroom. This incorporates into a hair braiding program the
teacher-to-student ratio requirement established for all other programs.
The Board is also proposing to amend N.J.A.C. 13:28-6.29 and 6.31 to
add “weaving” under the hours focused on “Hairstyling” in a
cosmetology-hairstyling program for clarification purposes and to ensure
that the public is aware cosmetologists-hairstylists are trained in, and may
perform, weaving.
The Board is proposing new N.J.A.C. 13:28-6.35 and 6.36 to set forth
the curriculum for the 40-hour and the 50-hour hair braiding courses,
respectively. The 40-hour program must focus on sanitation,
decontamination, and infection control, as outlined in proposed new
N.J.A.C. 13:28-6.35. Similarly, proposed new N.J.A.C. 13:28-6.36, for
students who cannot demonstrate three years’ braiding experience,
requires the same 40-hour curriculum plus 10 hours of training in braiding
services.
The Board has determined that the comment period for this notice of
proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5,
this notice is excepted from the rulemaking calendar requirement.
Social Impact
The Board believes that the specially adopted new rules and
amendments that are proposed herein for readoption will have a positive
impact on the public and the individuals seeking licensure in hair braiding.
Licensure of hair braiders will help ensure that an individual has met the
minimum standards established in N.J.S.A. 45:5B-1 et seq., as amended
by P.L. 2018, c. 126, including training related to health safety issues,
such as device disinfection and chemical hair treatment risks, when
performing this service for members of the public. The proposed
amendments and new rules will also have a positive impact on licensed
shops and hair braiders themselves to the extent that licensees will braid
hair in a manner that complies with safety and health standards. Members
of the public will also benefit in knowing they are receiving hair braiding
services from a person appropriately trained in sanitation and safety
matters when braiding hair, which subsequently may lead to an increase
in patronage for licensed shops offering braiding services. Licensed
schools may also benefit from the proposed amendments and new rules to
the extent that schools will be able to offer additional programs, which
may increase overall enrollment.
The specially adopted new rules and amendments that are proposed
herein for readoption implement the provisions of P.L. 2018, c. 126, and
are consistent with the legislative intent of this public law to put an end to
the penalties incurred by people providing hair braiding services to the
public and to create a solution to license these individuals without overly
disrupting their livelihoods or causing extreme financial detriment. The
proposed amendments and new rules aim to focus training and education
requirements on hair braiding services, as is done with the other
occupations licensed under the Board. The law and, subsequently, the
specially adopted new rules and amendments that are proposed herein for
readoption, are intended to provide a pathway for individuals, including
African-American women and immigrants from African and Caribbean
nations, to legally perform braiding services. P.L. 2018, c. 126 and the
specially adopted new rules and amendments that are proposed herein for
readoption also raise the stature of hair braiding by requiring licensure and
ensure the public is aware of the authority granted hair braiders by the
State to perform the services they are trained to do.
Economic Impact
The specially adopted new rules and amendments that are proposed
herein for readoption will have an economic impact on all potential
applicants for licensure to hair braid, all current hair braiding shops that
will now need to meet Board requirements and become licensed, and all
schools adding hair braiding to their curriculum. However, while there are
costs associated with the proposed new rules and amendments, those costs
are, as a general matter, less than the regulatory burdens and compliance
costs for the hair braiding profession prior to enactment of P.L. 2018, c.
126.
Applicants seeking to obtain a hair braiding license will incur costs to
complete a 40- or 50-hour hair braiding program. However, students may
qualify for financial aid and program schedules may offer students the
ability to attend part-time, which would allow an individual to work and
earn a salary while attending school, which may help offset some of these
costs. A hair braiding program can also be completed in as little as two
weeks, which could shorten the timeline for licensure for hair braiders
compared to other licensees. Other costs would be incurred by a hair
braiding license applicant including for a registration card, student permit,
and temporary permit, in addition to a license.
Schools will likely incur costs for the development and administration
of hair braiding programs, including purchasing supplies for each hair
braiding student and hiring instructors to teach in a hair braiding program.
However, the Board believes that given the number of hours required for
the two types of braiding programs established by the proposed
amendments and new rules, it is likely that these programs may be easily
incorporated into existing school schedules, so that teachers currently
working in a school may be able to provide the instruction. Therefore,
schools may not need to hire additional staff. To the extent that schools
incur costs to develop and administer these programs, schools may be able
to recover such costs if the demand for training and licensure in hair
braiding is high.
Hair braiding shops will incur costs as a result of the required licensure
fee, as well as any costs associated with updating the layout of a shop to
conform with Board requirements.
The Board anticipates that the proposed amendments and new rules
will have no direct financial impact on the public, but hair braiders may
pass the costs associated with their education and licensure onto
consumers as part of the fees they charge for hair braiding services.
Federal Standards Statement
A Federal standards analysis is not required because the specially
adopted new rules and amendments that are proposed herein for
readoption are subject to State statutory requirements and are not subject
to any Federal requirements.
Jobs Impact
The Board believes that the specially adopted new rules and
amendments that are proposed herein for readoption may result in job
growth since individuals who otherwise could be working productively as
hair braiders but for the regulatory burdens of the prior licensing
requirements and/or legal risk associated with non-compliance with those
requirements would now have a less costly pathway to legally provide hair
braiding services. The Board does not believe that the proposed
amendments and new rules will cause a loss of jobs. Instead, the proposed
amendments and new rules may cause an increase in the number of
licensees overseen by the Board.
Agricultural Industry Impact
The Board believes that the specially adopted new rules and
amendments that are proposed herein for readoption will not have an
impact on the agricultural industry in the State.
Regulatory Flexibility Analysis
Currently, the Board licensees approximately 73,408 practicing
licensees and approximately 7,000 shops. If, for the purposes of the
Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., Board
licensees are considered “small businesses” then the following analysis
applies.
The proposed amendments in Subchapter 1 contain compliance and
reporting requirements for persons applying to sit for examinations and be
initially licensed as hair braiders. As outlined at proposed N.J.A.C. 13:28-
1.1(e)1vi, (e)1vi(1), and (e)1vii, applicants must meet prescribed
education or experience requirements to obtain licensure, and must submit
documentation to substantiate such training and/or experience.
Subchapter 2 delineates the requirements for licensed shops. P.L. 2018,
c. 126 requires hair braiding shop owners to obtain licensure to operate.
The proposed amendments and new rules in Subchapter 2 impose various
compliance requirements upon these shops, as well as upon all shops
licensed by the Board. N.J.A.C. 13:28-2.1 imposes requirements to submit
documentation to the Board demonstrating ownership, floor plans, and the
description of services to be offered. Additional requirements call for
submission of documentation showing a shop is approved to operate by
its municipality. The rules also require the submission of a shop license
fee. In addition, N.J.A.C. 13:28-2.2 and 2.3 require a shop to file the
appropriate application with the Board if it changes locations or transfers
ownership. N.J.A.C. 13:28-2.4 establishes requirements for shop license
renewal. N.J.A.C. 13:28-2.5 imposes physical requirements for a shop.
N.J.A.C. 13:28-2.7 imposes requirements for shops that are in a person’s
private residence. N.J.A.C. 13:28-2.7A, 2.9, and 2.10 imposes restrictions
on merchandise a shop is allowed to sell and other services a shop may
provide. N.J.A.C. 13:28-2.8 prohibits a shop from renting space for the
operation of separate businesses. N.J.A.C. 13:28-2.13 imposes
requirements for beauty culture, barber shops, and hair braiding shops
with regard to individuals who act as experienced practicing licensees.
N.J.A.C. 13:28-2.14 prohibits unlicensed personnel from practicing in a
licensed shop, and N.J.A.C. 13:28-2.15 delineates the prohibited practices
a licensed individual may not perform, including in a licensed shop.
Subchapter 3 concerns the safety and sanitation requirements in
licensed shops. The rules in this subchapter impose requirements for
ventilation, lighting, hot and cold water, waste disposal, laundry facilities
(if the shop contains laundry facilities), and on the cleaning process to be
followed in a shop. N.J.A.C. 13:28-3.2 addresses the sanitization
requirements for implements and tools used in a shop, and N.J.A.C. 13:28-
3.3 addresses the personal hygiene requirements of the staff working in a
licensed shop. N.J.A.C. 13:28-3.4 delineates the products a licensed shop
is prohibited from having in its premises. N.J.A.C. 13:28-3.5 continues to
impose specific process requirements on shops providing manicuring and
pedicuring services. N.J.A.C. 13:28-3.6 also continues to prohibit salons
from having animals or pets unless they are trained to assist the disabled.
Subchapter 4 is amended to include hair braiding shops as premises
subject to inspection by the State. N.J.A.C. 13:28-4.2 requires all shops to
comply with the State’s laws and rules, and N.J.A.C. 13:28-4.3 requires
the holder of a shop license to be in compliance with State laws and rules.
N.J.A.C. 13:28-4.4 requires the holder of a shop license and the
experienced practicing licensee to verify the licensure of each practitioner
in their shop and record the date of verification. N.J.A.C. 13:28-4.5
requires the holder of a shop license to maintain a list of the licensed
personnel offering services inside the shop.
Subchapter 6 continues to impose requirements on schools adding hair
braiding to the list of programs a school may offer. Proposed new N.J.A.C.
13:28-6.8(a)3 requires a school to submit the information to the Board that
a hair braiding student uses to demonstrate three years of experience in
order to qualify for a 40-hour braiding program. Proposed new N.J.A.C.
13:28-6.20(h) requires schools to purchase certain items for hair braiding
students. Proposed new N.J.A.C. 13:28-6.23(a)8 imposes the requirement
that one teacher be designated in a classroom where there are up to 25
junior hair braiding students. Proposed new N.J.A.C. 13:28-6.35 and 6.36
impose curricula requirements for 40-hour and 50-hour hair braiding
programs that schools are required to follow. There is a possibility that
additional teachers may be needed to provide instruction to hair braiding
students as part of these programs.
No additional professional services will be needed to comply with the
specially adopted new rules and amendments that are proposed herein for
readoption, except as noted above. The Board believes the specially
adopted new rules and amendments that are proposed herein for
readoption are necessary to promote and protect the public welfare; thus,
the Board has provided no differing or lesser standards for small
businesses.
Housing Affordability Impact Analysis
The specially adopted new rules and amendments that are proposed
herein for readoption will have an insignificant impact on the affordability
of housing in New Jersey and it is extremely unlikely that the rules would
evoke a change in the average costs associated with housing because the
specially adopted new rules and amendments that are proposed herein for
readoption concern the practice of cosmetology-hairstyling, beauty
culture, barbering, skin care specialty, manicuring, and hair braiding in
the State of New Jersey.
Smart Growth Development Impact Analysis
The specially adopted new rules and amendments that are proposed
herein for readoption will have an insignificant impact on smart growth
development and it is extremely unlikely that the rules would evoke a
change in housing production in Planning Areas 1 or 2, or within
designated centers, under the State Development and Redevelopment Plan
in New Jersey because the specially adopted new rules and amendments
that are proposed herein for readoption concern the practice of
cosmetology-hairstyling, beauty culture, barbering, skin care specialty,
manicuring, and hair braiding in the State of New Jersey.
Racial and Ethnic Community Criminal Justice and Public Safety
Impact
The specially adopted new rules and amendments that are proposed
herein for readoption concern the incorporation of hair braiding into the
rules of the State Board of Cosmetology and Hairstyling pursuant to
enactment of P.L. 2018, c. 126. As a result, the specially adopted new
rules and amendments that are proposed herein for readoption will have
no impact on pretrial detention, sentencing, probation, or parole policies
concerning juveniles and adults in New Jersey.
Full text of the specially adopted new rules and amendments and
concurrently proposed readoption of specially adopted new rules and
amendments follows (additions indicated in boldface thus; deletions
indicated in brackets [thus]):
SUBCHAPTER 1. PRACTICING LICENSES, APPLICATION, AND
EXAMINATIONS
13:28-1.1 Practicing licenses; application and education requirements;
acceptable documentation of credentials; license renewals;
reinstatement; inactive status
(a) The following practicing licenses shall be available from the Board:
1. Cosmetology and hairstyling license, which shall authorize the
holder to provide the following services:
i. (No change.)
ii. Shampooing, cutting, arranging, dressing, relaxing, curling,
permanent waving, [or] styling of the hair, and all services included in
hair braiding, as set forth at (a)6 below;
iii.-vi. (No change.)
vii. Manicuring the fingernails, nail-sculpturing, or pedicuring the
toenails; and
viii. Cutting, fitting, coloring, or styling of hairpieces or wigs to the
extent that the services are being performed while the wig is being worn
by a person; [and]
[ix. Hairweaving to the extent that the procedure does not involve the
replacement of human hair by means of the insertion of any natural or
synthetic fiber hair into the scalp;]
2. Beauty culture license, which shall authorize the holder to provide
the following services:
i. Shampooing, cutting, arranging, dressing, relaxing, curling,
permanent waving, [or] styling of the hair, and all services included in
hair braiding, as set forth at (a)6 below, with the exception of
weaving;
ii.-vii. (No change.)
3. Barbering license, which shall authorize the holder to provide the
following services:
i. (No change.)
ii. Shampooing, cutting, arranging, relaxing, [or] styling of the hair,
and all services included in hair braiding, as set forth at (a)6 below,
with the exception of weaving;
iii.-vi. (No change.)
4. Skin care specialty license, which shall authorize the holder to
provide the following services:
i.-ii. (No change.)
iii. Removing superfluous hair from the face, neck, arms, legs, or
abdomen by the use of depilatories, waxing, or tweezers, but not by the
use of electrolysis; [and]
5. Manicuring license, which shall authorize the holder to provide the
following services:
i.-iii. (No change.)
iv. Removing superfluous hair from the face, neck, arms, legs, or
abdomen by the use of depilatories, waxing, or tweezers, but not by the
use of electrolysis[.]; and
6. Hair braiding license, which shall authorize the holder to
provide the following services:
i. Twisting, wrapping, weaving, extending, locking, or braiding of
hair by hand or with mechanical devices;
(1) Hair braiding services may include:
(A) The use of natural or synthetic hair extensions or fibers,
decorative beads, and other hair accessories;
(B) Minor trimming of natural hair or hair extensions incidental
to any twisting, wrapping, weaving, extending, locking, or braiding of
hair;
(C) Making wigs from natural hair, natural or synthetic fibers, and
hair extensions; and
(D) The use of topical agents in conjunction with performing hair
braiding, including conditioners, gels, moisturizers, oils, pomades,
and shampoos.
(b) Applications for examination and initial licensure may be
procured from the office of the Board [of Cosmetology and Hairstyling]
or online at https://www.njconsumeraffairs.gov/cos/Pages/default.
aspx.
(c)-(d) (No change.)
(e) Applicants for licensure shall have completed an educational
program in cosmetology and hairstyling, beauty culture, barbering, skin
care specialty, [or] manicuring, or hair braiding, as appropriate for the
practicing license the applicant seeks, consistent with the following:
1. Applicants for licensure who have obtained training at a
cosmetology and hairstyling school licensed in New Jersey shall submit
an official transcript substantiating that the applicant meets the following
requirements:
i.-v. (No change.)
vi. An applicant for licensure as a hair braiding specialist who
demonstrates at least three years of experience as a hair braider shall
have completed a 40-hour course of instruction in hair braiding,
consistent with the requirements of N.J.A.C. 13:28-6.35.
(1) To demonstrate three years of experience, an applicant shall
submit documents, such as, but not limited to, a Form W-2 from
previously or currently held employment where the applicant
performed hair braiding services, or a notarized attestation from
previous or current employers under whom the applicant performed
hair braiding services.
vii. An applicant for licensure as a hair braiding specialist who
cannot demonstrate at least three years of experience as a hair
braider shall have completed a 50-hour course of instruction in hair
braiding, consistent with the requirements of N.J.A.C. 13:28-6.36.
viii. An individual employed to perform only hair braiding
services, delineated at (a)6 above, as of October 30, 2019, shall have
until (three months after the publication date of the notice of adoption
of the proposed readoption of the specially adopted new rules and
amendments), to obtain licensure as a hair braider.
2. Applicants for licensure who have obtained training in a
cosmetology and hairstyling, beauty culture, barbering, skin care
specialty, [or] manicuring, or hair braiding program in a public school
approved by the State Board of Education to offer such vocational
programs, or in other cosmetology and hairstyling, beauty culture,
barbering, skin care specialty, [or] manicuring, or hair braiding
programs approved by the State Board of Education, shall submit an
official transcript verifying completion of such program.
3. Applicants who have obtained training in another state or country
shall demonstrate, by way of certification from the licensing authority in
the state or country that such training is substantially equivalent to the
training offered at cosmetology and hairstyling schools licensed in New
Jersey. Applicants holding a license from another state or country who
have engaged in the practice of cosmetology and hairstyling, beauty
culture, barbering, skin care specialty, [or] manicuring, or hair braiding
for at least three years in that state or country, may submit, in lieu of the
documentation of training required in this paragraph, a notarized affidavit
of work experience and a letter of certification of licensure from the
licensing authority in that state or country.
(f)-(i) (No change.)
(j) A licensee who continues to render services with a suspended
license shall be deemed to be engaging in the unauthorized practice of
cosmetology and hairstyling, beauty culture, barbering, skin care
specialty, [or] manicuring, or hair braiding, as appropriate, and shall be
subject to the penalties set forth [in] at N.J.S.A. 45:1-25.
(k) (No change.)
(l) A licensee may, upon application to the Board, choose inactive
status. A licensee electing inactive status shall not render cosmetology and
hairstyling, beauty culture, barbering, skin care specialty, [or] manicuring
services, or hair braiding, as appropriate, for the entire biennial
registration period. A licensee on inactive status may resume active
practice upon payment of the renewal fee for the current biennial
registration period set forth [in] at N.J.A.C. 13:28-5.1.
13:28-1.1A Credit towards licensure for education, training, and
experience received while serving as a member of the
Armed Forces
(a) (No change.)
(b) The Board shall issue a license to the applicant, if the applicant
presents evidence to the Board that:
1. (No change.)
2. The relevant training, experience, and education the applicant
received in the military, together with any training, experience, and
education obtained outside of the Armed Forces, is substantially
equivalent in scope and character to the training, experience, and
education required for licensure under N.J.A.C. 13:28-1.1(e) or (f);
i. (No change.)
ii. An applicant seeking credit for education courses and/or training
completed while in the military shall submit to the Board a Joint Services
Transcript of his or her education/training for a determination that the
education courses and/or training completed are substantially equivalent
in level, scope, and intent to the program as required for licensure under
N.J.A.C. 13:28-1.1(e)1 or 2. For the purpose of determining substantial
equivalence of the applicant’s military education and/or training, the
Board shall consider only those education courses and/or training relevant
to the practice of cosmetology and hairstyling, beauty culture, barbering,
skin care specialty, [or] manicuring, or hair braiding, as applicable, that
have been evaluated by the American Council on Education for
substantial equivalence to civilian postsecondary curricula; and
3. (No change.)
(c)-(e) (No change.)
13:28-1.2 Examination and reexaminations
(a) Applicants shall be subject to testing in all areas of cosmetology
and hairstyling appropriate for the license sought, and such examination
shall be in two parts: practical and theory. An applicant shall submit to the
Board the examination fee set forth [in] at N.J.A.C. 13:28-5.1 with the
application.
1. Applicants shall have the option of taking a computer-based test in
lieu of the written theory portion of the examination. The computer-based
test shall be administered by a Board-approved third-party vendor and the
fee for such test shall be paid by the applicant directly to the vendor. In
addition to the fee for the computer-based test, applicants for examination
shall submit the examination fee set forth [in] at N.J.A.C. 13:28-5.1 to the
Board.
i. Testing for the written theory portion of the examination for hair
braiding will be paper-based and administered by the Board, unless
before, on, or after (the publication date of the notice of adoption of
the proposed readoption of the specially adopted new rules and
amendments), a Board-approved third-party vendor is able to
administer the examination to applicants. The Board shall keep
information on this matter updated online.
(b)-(d) (No change.)
13:28-1.3 Temporary permits and student permits
(a) (No change.)
(b) Upon application, the Board shall issue a student permit, consistent
with the student’s course work, to any student registered at a licensed New
Jersey cosmetology and hairstyling school or enrolled in a [New Jersey
State approved] State-approved high school or vocational program, in a
cosmetology and hairstyling, beauty culture, barbering, manicuring, [or]
skin care specialty, or hair braiding course of study, as appropriate.
1. (No change.)
13:28-1.7 Teaching license; qualifications; application requirements
(a)-(c) (No change.)
(d) The holder of a teaching license issued by the Board pursuant to
this section shall be authorized to teach cosmetology and hairstyling,
beauty culture, barbering, skin care specialty, [and] manicuring, and hair
braiding.
SUBCHAPTER 1A. DEFINITIONS
13:28-1A.1 Definitions
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise:
…
“Cosmetology and hairstyling school” or “school of cosmetology and
hairstyling” means licensed schools offering cosmetology and hairstyling,
beauty culture, barbering, manicuring, [and/or] skin care specialty, and/or
hair braiding courses.
“Hair braider/hair braiding specialist” means a person who holds
a limited license to perform only the hair braiding services set forth
at N.J.A.C. 13:28-1.1(a)6.
“Hair braiding” means those services delineated at N.J.A.C. 13:28-
1.1(a)6.
…
“Mechanical device” means, but is not limited to, items, such as
clips and hairpins, used to assist in performing a service included in
the definition of “hair braiding.”
“Practicing licensee” means any person who holds a license to
practice cosmetology or hairstyling, barbering, beauty culture,
manicuring, skin care specialty, or hair braiding.
“Registered student” means a person who is engaged in learning
and acquiring a knowledge of any of the practices in the definition of
cosmetology and hairstyling, including beauty culture, barbering,
manicuring, skin care specialty, and hair braiding, under the
direction and supervision of a person duly authorized under N.J.S.A.
45:5B-1 et seq., and this chapter to teach cosmetology and hairstyling
and who is enrolled in a program of instruction at a licensed school of
cosmetology and hairstyling, completion of which may render the
person eligible for licensure pursuant to N.J.S.A. 45:5B-1 et seq., and
this chapter, but does not mean a person who is enrolled in a public
school vocational program in cosmetology and hairstyling approved
by the State Board of Education.
“Senior student” means a registered student who has successfully
completed one-half of the total hours of instruction required for
licensure as a cosmetologist-hairstylist, beautician, barber,
manicurist, skin care specialist, or hair braider in a licensed school of
cosmetology and hairstyling, as determined by the Board pursuant to
this chapter, or in any public school vocational program approved by
the State Department of Education.
“Shop” means any fixed establishment or place where one or more
persons engage in one or more of the practices of cosmetology or
hairstyling, barbering, beauty culture, manicuring, [or] skin care specialty,
or hair braiding, wherein licensees are authorized to perform the services
set forth [in] at N.J.A.C. 13:28-1.1(a).
…
“Student permit” means a permit issued to a senior student that
enables him or her to practice cosmetology and hairstyling, beauty
culture, barbering, manicuring, skin care specialty, or hair braiding,
as appropriate, based on the course of instruction in which the
student is enrolled, in a school clinic or shop while a registered student
at a licensed school of cosmetology and hairstyling or enrolled in an
approved vocational training program.
“Teacher of cosmetology and hairstyling” means a teacher licensed by
the Board to give instruction or training in the theory or practice at a
licensed school of cosmetology and hairstyling in any of the following
subject areas: cosmetology and hairstyling, beauty culture, barbering,
manicuring, [or] skin care specialty, or hair braiding.
SUBCHAPTER 2. SHOP LICENSES
13:28-2.1 Applications for initial shop license; changes to existing
shops
(a) The following shop licenses shall be available from the Board:
1. Cosmetology and hairstyling shop license, which shall authorize the
holder to provide the services delineated [in] at N.J.A.C. 13:28-1.1(a)1;
2. Beauty culture shop license, which shall authorize the holder to
provide the services delineated [in] at N.J.A.C. 13:28-1.1(a)2;
3. Barbering shop license, which shall authorize the holder to provide
the services delineated [in] at N.J.A.C. 13:28-1.1(a)3;
4. Skin care specialty shop license, which shall authorize the holder to
provide the services delineated [in] at N.J.A.C. 13:28-1.1(a)4; [and]
5. Manicuring shop license, which shall authorize the holder to provide
the services delineated [in] at N.J.A.C. 13:28-1.1(a)5; and
6. Hair braiding shop license, which shall authorize the holder to
provide the services delineated at N.J.A.C. 13:28-1.1(a)6.
(b) Applications for a shop license may be procured at the office of the
Board or online at https://www.njconsumeraffairs.gov/cos/Pages/
default.aspx.
(c)-(h) (No change.)
(i) Hair braiding shops operating prior to January 2, 2019, shall
have until February 27, 2020, to comply with N.J.A.C. 13:28-2.5(a)
and (b) and to submit a shop license application, or request a waiver
pursuant to N.J.A.C. 13:28-2.5(c), to the Board.
13:28-2.2 Removal of a shop
(a) Prior to the removal of a shop to another address, the holder of a
shop license shall apply to the Board for a new shop license and shall
comply with the application requirements set forth [in] at N.J.A.C. 13:28-
2.1.
1. (No change.)
2. The practice of cosmetology and hairstyling, beauty culture,
barbering, manicuring, [or] skin care specialty, or hair braiding, as
appropriate, shall not be performed on the premises of the new shop until
a shop license has been issued.
13:28-2.3 Transfer of ownership
(a) Upon any transfer of ownership, the holder of a shop license shall,
by letter, notify the Board of the transfer, by providing the name and
address of the new owner. The shop license shall be surrendered to the
Board as soon as the transfer of ownership is complete.
(b) Prior to the completion of a transfer of ownership, the intended new
owner shall apply for a new shop license pursuant to N.J.A.C. 13:28-2.1,
except as provided [in] at (b)1 below. The practice of cosmetology and
hairstyling, beauty culture, barbering, manicuring, [or] skin care specialty,
or hair braiding, as appropriate, shall not be performed on the premises
of the shop until a new shop license has been issued.
1. (No change.)
13:28-2.5 Physical requirements for cosmetology and hairstyling,
beauty culture, [and] barbering, and hair braiding shops
applying for initial shop license
(a) All licensed cosmetology and hairstyling, beauty culture, [and]
barbering, and hair braiding shops shall contain at least 350 square feet
of floor space. An additional 50 square feet of floor space shall be
provided for every work station in excess of two.
1.-2. (No change.)
(b) Cosmetology and hairstyling, beauty culture, [and] barbering, and
hair braiding shops shall display a permanent sign indicating the name
of the shop, which shall be clearly visible to the general public from the
exterior of the shop.
(c) Where application is made to issue a new shop license for premises
that had been licensed by the former Board of Barber Examiners or the
former Board of Beauty Culture Control, or for premises that operated
as hair braiding shops prior to January 2, 2019, and the shop premises
do not meet the minimum requirements of this section, the Board may, in
its discretion, waive one or more of the requirements of this section for
good cause shown. Such waiver will not be granted where the failure to
meet minimum requirements may result in the inability of the shop owner
to provide authorized services in a safe and sanitary manner.
(d) All cosmetology and hairstyling, beauty culture, [and] barbering,
and hair braiding shops shall display the following notice, as applicable,
to the services offered in the shop, in a location clearly visible to all
patrons:
NOTICE
This shop and the operators herein are licensed to engage in the practice
of [cosmetology and hairstyling, beauty culture, [or] barbering, or hair
braiding] 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 manner 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, www.njconsumeraffairs.gov/
complaint/cosmocom.pdf.
13:28-2.7 Shops within residential premises
(a)-(b) (No change.)
(c) No cosmetology and hairstyling, beauty culture, barbering,
manicuring, [or] skin care specialty, or hair braiding services shall be
rendered or offered to be rendered upon residential premises [which] that
are not licensed pursuant to N.J.S.A. 45:5B-9 and this chapter.
13:28-2.7A Limitation of business activities within shops
(a)-(c) (No change.)
(d) The holder of a hair braiding shop license shall not engage in
any business activities within the licensed premises except for the
offering of hair braiding services as defined at N.J.S.A. 45:5B-3.bb
and set forth at N.J.A.C. 13:28-1.1(a)6, and the sale of merchandise
pursuant to N.J.S.A. 45:5B-40 and N.J.A.C. 13:28-2.9, and the
offering of ancillary beautification services pursuant to N.J.S.A.
45:5B-40 and N.J.A.C. 13:28-2.10.
13:28-2.8 Leasing space prohibited
No holder of a shop license shall lease or sublease space or provide
space on the licensed premises to a non-employee for the purpose of
providing cosmetology and hairstyling, beauty culture, barbering,
manicuring, skin care specialty, hair braiding, or ancillary services as
part of a separate business to be conducted by the non-employee. Practices
commonly known as chair rentals or booth rentals are prohibited by this
section.
13:28-2.9 Sale of merchandise
The holder of a cosmetology and hairstyling, beauty culture, barbering,
manicuring, [or] skin care specialty, or hair braiding 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.
13:28-2.10 Ancillary services in licensed cosmetology and hairstyling,
beauty culture, barbering, [and] skin care specialty, and
hair braiding shops
(a) The holder of a cosmetology and hairstyling, beauty culture,
barbering, [or] skin care specialty, or hair braiding 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, as set forth at N.J.S.A. 45:5B-[3(j)]3.j, or
the offering set forth [in] at N.J.A.C. 13:28-1.1(a), on the licensed
premises, consistent with the provisions of this section, 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]
pursuant to N.J.A.C. 13:28-2.5 and 2.6A.
(b)-(d) (No change.)
13:28-2.13 Supervision of shops; experienced practicing licensee
(a) Except as provided [in] at (c) below, all shops shall ensure that
there is at least one experienced practicing licensee present to generally
oversee the management of the shop, consistent with the following
requirements:
1.-5. (No change.)
6. For a hair braiding shop, the practicing licensee shall hold a
cosmetology and hairstyling, beauty culture, or hair braiding license
and have three years of experience as a cosmetologist-hairstylist,
beautician, or hair braider.
i. Upon receiving his or her initial license, a licensed hair braider
shall be deemed to have met the three years of experience required to
act as an experienced practicing licensee if the licensee completed a
40-hour hair braiding program.
(b) A shop that satisfies the requirements of (a) above by employing a
practicing licensee who holds a beauty culture, barbering, skin care
specialty, [or] manicuring, or hair braiding license shall not employ
senior students who have been issued a student permit pursuant to
N.J.A.C. 13:28-1.3, other than those being trained in the practice for
which the practicing licensee holds a license, unless the shop also employs
a practicing licensee who holds a cosmetology and hairstyling license and
has at least three years of experience as a cosmetologist-hairstylist.
(c)-(g) (No change.)
13:28-2.14 Unlicensed personnel
(a) The holder of a shop license shall not aid, abet, or permit a person
not licensed by the Board to render any services encompassed within the
definition of cosmetology and hairstyling, beauty culture, barbering, skin
care specialty, [or] manicuring, or hair braiding pursuant to N.J.S.A.
45:5B-1 et seq.
(b) (No change.)
13:28-2.15 Prohibited practices
(a) (No change.)
(b) A [practitioner] practicing licensee shall not:
1.-7. (No change.)
8. Utilize any medical device to perform services within the definition
of cosmetology and hairstyling, beauty culture, barbering, manicuring,
[or] skin care specialty, or hair braiding, other than Class I medical
devices approved by the Federal Food and Drug Administration. A
practitioner shall comply with manufacturers’ instructions for use,
cleaning, and maintenance of Class I medical devices;
9.-12. (No change.)
SUBCHAPTER 3. SAFETY AND SANITATION
13:28-3.3 Personnel
(a)-(b) (No change.)
(c) No practitioner shall serve a patron if the practitioner has a
communicable, contagious, or infectious disease[, which] that could
reasonably be expected to be transmitted during the course of rendering
cosmetology and hairstyling, beauty culture, barbering, manicuring, [or]
skin care specialty, or hair braiding services.
(d) No practitioner shall serve a patron whom the practitioner knows,
or has reasonable grounds to believe, has a communicable, contagious, or
infectious disease[, which] that could reasonably be expected to be
transmitted during the course of rendering cosmetology and hairstyling,
beauty culture, barbering, manicuring, [or] skin care specialty, or hair
braiding services.
(e) All practitioners shall utilize safe practice techniques and follow
manufacturers’ instructions when utilizing any chemical preparations in
the rendering of cosmetology and hairstyling, beauty culture, barbering,
manicuring, [or] skin care specialty, or hair braiding services. The holder
of a shop license shall ensure that:
1. (No change.)
2. A copy of the most current [Material Data] Safety Data Sheets
[(MDSS)] (SDS) for each hazardous chemical is stored in a binder an
available to all shop staff and to the Board or its authorized representative;
3. (No change.)
4. Disposal of liquid waste is performed in accordance with the
instructions on the product label or the [MSDS] SDS.
SUBCHAPTER 4. ENFORCEMENT
13:28-4.1 Inspection of premises
(a) Any premises where it appears that cosmetology and hairstyling,
beauty culture, barbering, manicuring, [or] skin care specialty, or hair
braiding services have been, or are being, rendered shall be subject to
inspection by the Board or its representative.
(b)-(d) (No change.)
13:28-4.2 Compliance with laws and rules
Any individual rendering cosmetology and hairstyling, beauty culture,
barbering, manicuring, [or] skin care specialty, or hair braiding services
shall comply with all laws and rules relating to the provision of such
services, including the Cosmetology and Hairstyling Act of 1984,
N.J.S.A. 45:5B-1 et seq.; [the rules of the New Jersey State Board of
Cosmetology and Hairstyling, N.J.A.C. 13:28;] the Uniform Enforcement
Act, N.J.S.A. 45:1-7.1, 7.2, 7.3, and 14 et seq.; [and] the uniform rules of
the Division of Consumer Affairs, N.J.A.C. 13:45C; and this chapter.
13:28-4.3 Responsibility for compliance with laws and rules
The holder of a shop license, as well as the shop’s designated
experienced practicing licensee, shall be responsible for compliance with
all laws and rules relating to the operation of the premises at which
cosmetology and hairstyling, beauty culture, barbering, manicuring, [or]
skin care specialty, or hair braiding services are rendered and all laws
and rules relating to the practice of such services, including the
Cosmetology and Hairstyling Act of 1984, N.J.S.A. 45:5B-1 et seq.; [the
rules of the New Jersey State Board of Cosmetology and Hairstyling,
N.J.A.C. 13:28;] the Uniform Enforcement Act, N.J.S.A. 45:1-7.1, 7.2,
7.3, and 14 et seq.; [and] the uniform rules of the Division of Consumer
Affairs, N.J.A.C. 13:45C; and this chapter.
13:28-4.4 Verification of license
(a) The holder of a shop license and the designated experienced
practicing licensee shall verify that each practitioner rendering
cosmetology and hairstyling, beauty culture, barbering, manicuring, [or]
skin care specialty, or hair braiding services in the shop holds a valid
license or permit issued pursuant to this subchapter at all times. The holder
of a shop license and the designated experienced practicing licensee shall
review each practitioner’s license or permit, as well as two additional
forms of identification, at least one of which must bear a photograph of
the practitioner.
(b)-(e) (No change.)
SUBCHAPTER 6. SCHOOLS OF COSMETOLOGY AND
HAIRSTYLING
13:28-6.1 Compliance with laws and rules
Licensed schools shall comply with all laws and rules relating to the
practice of cosmetology and hairstyling, beauty culture, barbering,
manicuring, [or] skin care specialty, or hair braiding, including the
Cosmetology and Hairstyling Act of 1984, N.J.S.A. 45:5B-1 et seq.; [the
rules of the New Jersey State Board of Cosmetology and Hairstyling,
N.J.A.C. 13:28;] the Uniform Enforcement Act, N.J.S.A. 45:1-7.1, 7.2,
7.3, and 14 et seq.; [and] the Uniform Regulations of the Division of
Consumer Affairs, N.J.A.C. 13:45C; and this chapter. Any school
violating any provision of this chapter shall be subject to disciplinary
action by the Board. A notice of proposed suspension or revocation of a
license shall inform the licensee of the right to be heard pursuant to the
Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1
et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
13:28-6.7 Size of schools; number of students
(a) Each school shall have at least 2,750 square feet of floor space,
consisting of at least 500 square feet for offices, reception area, and locker
space separate and apart from the lavatories, and at least 2,250 square feet
for working space.
1. (No change.)
2. For every student thereafter, there shall be 20 square feet of floor
space per cosmetology and hairstyling, beauty culture, barbering, [or]
manicuring, or hair braiding student, but there shall be 25 square feet of
floor space per skin care specialty student.
(b)-(c) (No change.)
13:28-6.8 Student registration cards
(a) A request shall be submitted by the school to the Board for a student
registration card.
1.-2. (No change.)
3. When submitting a request for a registration card for a student
in a hair braiding program of 40 hours, the school shall include in the
request the documentation used by the student to demonstrate that
he or she has three years of hair braiding experience.
(b)-(c) (No change.)
13:28-6.10 Commencement of classes
(a) School classes shall commence on the first Monday of each month,
provided[,]; however, that if a holiday falls on the first Monday, school
classes shall commence on the first working day following the holiday.
The Board may, at its discretion, approve a date for the commencement
of school classes other than the first Monday of each month provided the
licensed school obtains Board approval at least 60 days prior to the
commencement of classes.
1. The Board shall waive the 60-day period required in (a) above
for schools seeking to provide instruction in hair braiding prior to
(the publication date of the notice of adoption of the proposed
readoption of the specially adopted new rules and amendments).
13:28-6.13 School schedules
(a) (No change.)
(b) The Board shall be advised one month in advance of any proposed
change in the schedule of classes.
1. The Board shall waive the one-month notice required of schools
seeking to add hair braiding classes to the schedule of classes prior to
(the publication date of the notice of adoption of the proposed
readoption of the specially adopted new rules and amendments).
13:28-6.15 School records
(a)-(d) (No change.)
(e) School rules and regulations and copies of current cosmetology and
hairstyling, beauty culture, barbering, manicuring, [or] skin care specialty,
or hair braiding laws and rules of the State of New Jersey shall be
maintained by each school in a location readily accessible to the students
and management.
13:28-6.16 Other trades; demonstrations
(a) Trades or professions, other than the teaching of cosmetology and
hairstyling, beauty culture, barbering, manicuring, [or] skin care specialty,
and hair braiding, shall not be practiced on the premises of a licensed
school.
(b) (No change.)
13:28-6.20 Minimum equipment
(a)-(g) (No change.)
(h) Each school shall supply each hair braiding student with a kit
having brushes, including at least one boar bristle brush, one paddle,
and one vent brush, combs, including at least one locking/twisting
comb, wide tooth comb, hair pick, and tail comb, braiding hair
packages consisting of human and synthetic hair, a hair weaving kit
including weft hair, needles, and thread, stocking caps, hair bond and
hair bond remover, clips, cape, shears, spray bottle, styptic powder
or liquid, mannequin and mannequin stand, lab type jacket or smock
uniform, a textbook, and a full copy of this chapter.
Recodify existing (h)-(n) as (i)-(o) (No change in text.)
13:28-6.21 Student standards and requirements
(a)-(c) (No change.)
(d) Junior and senior students shall be distinguished as follows:
1.-8. (No change.)
9. Junior skin care specialty students are those students who have
completed less than 300 hours of their courses in skin care; [and]
10. Senior skin care specialty students are those students who have
completed 300 hours or more of their courses in skin care[.];
11. Junior hair braiding students are those students who have
completed less than 20 hours of their courses if enrolled in a 40-hour
hair braiding program; or less than 25 hours of their courses if
enrolled in a 50-hour hair braiding program; and
12. Senior hair braiding students are those students who have
completed 20 hours or more of their courses if enrolled in a 40-hour
hair braiding program; or 25 hours or more of their courses if
enrolled in a 50-hour hair braiding program.
(e)-(k) (No change.)
(l) A student who desires to transfer to another school shall notify the
Board of his or her intention at least two weeks in advance of the proposed
transfer.
1. (No change.)
2. Credit hours for cosmetology and hairstyling, beauty culture,
barbering, manicuring, [or] skin care specialty, or hair braiding training
in out-of-State schools will be granted if such schools are approved by the
Board.
(m)-(q) (No change.)
13:28-6.22 Application submission by schools
The school shall submit applications to the Board for each student for
examination within 30 days after the student’s completion of the course
of study. Each application must be accompanied by two recent
photographs, a copy of a high school or equivalency diploma, and the
appropriate fees pursuant to N.J.A.C. 13:28-5.1.
13:28-6.23 Number of teachers employed; teacher restrictions
(a) The number of teachers a school shall employ shall be determined
in the following manner:
1. A minimum of one licensed teacher for every clinic area attended by
up to 25 senior students (whether cosmetology and hairstyling, beauty
culture, barbering, manicuring, [or] skin care specialty, or hair braiding
students);
2.-5. (No change.)
6. A minimum of one licensed teacher for every classroom attended by
up to 25 junior manicuring students; [and]
7. A minimum of one licensed teacher for every classroom attended by
up to 25 junior skin care specialty students[.]; and
8. A minimum of one licensed teacher for every classroom attended
by up to 25 junior hair braiding students.
(b) Teachers shall devote their entire time during school hours to the
proper instruction of students and shall not engage in private or public
practice of cosmetology and hairstyling, beauty culture, barbering,
manicuring, [or] skin care specialty, or hair braiding during school
hours. Teachers licensed by the Board shall be in constant attendance at
all classes conducted by licensed schools.
(c)-(e) (No change.)
13:28-6.27 Clinical work prerequisites and limitations
(a) (No change.)
(b) A school shall not permit its students to practice cosmetology and
hairstyling, beauty culture, barbering, manicuring, [or] skin care specialty,
or hair braiding on the public under any circumstances, except by way
of clinical work performed upon persons willing to submit themselves to
such practice.
(c) Before clinical work may be performed, the person to receive
cosmetology and hairstyling, beauty culture, barbering, manicuring, [or]
skin care specialty, or hair braiding services shall be advised by the
teacher in charge that the operator is a senior student.
(d) (No change.)
(e) Clinical services may be performed upon the general public during
the hours of school training daily from Monday to Saturday, inclusive, by
senior cosmetology and hairstyling, senior beauty culture, senior barber,
senior manicuring, [and] senior skin care specialty, and senior hair
braiding students only.
(f)-(h) (No change.)
(i) Truthful, non-deceptive school advertisements for clinic patrons
upon whom cosmetology and hairstyling, beauty culture, barbering,
manicuring, [or] skin care specialty, or hair braiding services may be
performed are permitted, provided; however, that all such advertisements
must clearly inform the prospective clinic client that the advertised
services are to be performed by senior students under the supervision of
licensed teachers.
(j) (No change.)
(k) The school shall keep records or slips showing the number of
cosmetology and hairstyling, beauty culture, barbering, manicuring, [or]
skin care specialty, or hair braiding treatments provided by senior
students. These records or slips shall be maintained and kept by the school
on its premises as part of its official records.
(l) (No change.)
13:28-6.29 Curriculum for 1,200-hour cosmetology and hairstyling
course
TIME DISTRIBUTION FOR INSTRUCTIONAL UNITS AND CLINICAL PRACTICE:
Hours of Class and
Subject Related
Instruction
Hours of Practical
Instruction Total
…
Hairstyling—including Pin Curls, Finger-waving,
[&] Blow Waving, & Weaving
25 135 160
…
13:28-6.31 Curriculum for 500-hour teacher-training course
TIME DISTRIBUTION FOR INSTRUCTIONAL UNITS AND CLINICAL PRACTICE:
Hours of Class and
Subject Related
Instruction
Hours of Practical
Instruction Total
…
Hairstyling—including Pin Curls, Fingerwaving,
[&] Blow Waving, & Weaving
10 30 40
…
13:28-6.35 Curriculum for 40-hour hair braiding course
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
10 0 10
Professional Image, Hygiene, & Related
Practices
2 0 2
Decontamination & Infection Control 15 2 17
Cleansing, Hair, and Scalp Analysis 2 6 8
Hair Growth & Loss, Diseases & Disorders,
Fungal, & Parasitic Infection
3 0 3
TOTAL HOURS 32 8 40
13:28-6.36 Curriculum for 50-hour hair braiding course
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
10 0 10
Professional Image, Hygiene, & Related
Practices
2 0 2
Decontamination & Infection Control 15 2 17
Cleansing, Hair, and Scalp Analysis 2 6 8
Hair Growth & Loss, Diseases & Disorders,
Fungal, & Parasitic Infection
3 0 3
Braiding:
-Consultation
-Classifying Texture
-Types of Braids
-Weaving; Wig and Wig Construction
-Extensions, Synthetic & Human Hair
-Braid Styling
-Implements, Tools, & Materials
3 7 10
TOTAL HOURS 35 15 50
13:28-[6.35]6.37 (No change in text.)
13:28-[6.36]6.38 Annex classrooms
(a) An application for approval of a school of cosmetology and
hairstyling to conduct an annex classroom separate and apart from the
licensed main facility for specific training activities shall be submitted on
an application form prescribed and provided by the Board. The application
shall specify the location of the annex classroom and the type of
instruction to be conducted in the annex classroom, whether cosmetology
and hairstyling, beauty culture, barbering, manicuring, [or] skin care
specialty, or hair braiding.
1.-4. (No change.)
(b) The minimum requirements for an annex classroom are as follows:
1. The minimum floor space in any annex classroom shall be at least
500 square feet, excluding offices, reception, locker, and lavatory space,
for the first 25 students.
i. For every student thereafter, there shall be 20 square feet of floor
space per cosmetology and hairstyling, beauty culture, barbering, [and]
manicuring, and hair braiding student and 25 square feet of floor space
per skin care specialty student.
ii. (No change.)
2. Each annex classroom shall possess and operate equipment adequate
and sufficient for the courses of instruction administered. This equipment
shall be modern, installed in accordance with standard building codes or
safety regulations, and operated in conformity with standard safety
regulations. The minimum equipment required for all annex classrooms
shall include: an ultrasonic unit, a chalk board, one locker per student,
separate lavatory facilities for men and women with toilets and sinks
having hot and cold running water, a library of texts and reference books
and such other necessary equipment in accordance with the approved
curriculum. In addition, annex classrooms shall conform to the following
equipment standards:
i. An annex classroom approved for instruction in cosmetology and
hairstyling, [and] beauty culture, and hair braiding shall include: work
stations for at least 25 students or for the actual number of students in
attendance, whichever is greater, two shampoo bowls and chairs, two
In order to ensure your comments are received, please send your comments concerning any rule proposals
via email to DCAProposal@dca.lps.state.nj.us. Please include the following in your email:
Email Subject Line: Rule Proposal Subject
Email Body: Comments to the Rule Proposal, Name, Affiliation
and Contact Information (email address and telephone number)
|
