Rule Proposal

VOLUME 47, ISSUE 3
October 14, 2016

Rule Proposals

Law and Public Safety
Division of Consumer Affairs

New Jersey State Board of Cosmetology and Hairstyling

Proposed Amendments: N.J.A.C. 13:28-6.28, 6.29, 6.29A, 6.29B, and 6.31

Proposed Repeals and New Rules: N.J.A.C. 13:28-6.30 and 6.32

Proposed New Rule: N.J.A.C. 13:28-6.28A

Board of Cosmetology and Hairstyling Rules;  Schools of Cosmetology and Hairstyling
 
Authorized By: Jay Malanga, Executive Director, New Jersey State Board of Cosmetology and Hairstyling.
 
Authority: N.J.S.A. 45:1-15.1 and 45:5B-6.r.
 
Proposal Number: PRN 2016-019.
 
Submit comments by November 12, 2016, to:
 
   Jay Malanga, Executive Director
   New Jersey State Board of Cosmetology & Hairstyling
   124 Halsey Street
   PO Box 45003
   Newark, NJ 07101
 
The agency proposal follows:
 
Summary

The New Jersey State Board of Cosmetology and Hairstyling (the Board) is proposing new N.J.A.C. 13:28-6.28A to make it easier for barbers who obtained their State-issued barbering licenses after 1985, to obtain a plenary cosmetology and hairstyling license. The Board is proposing an amendment to N.J.A.C. 13:28-6.28 to make it clear that this rule applies only to individuals who obtained a State-issued barbering license prior to 1985. The Board is proposing to repeal and replace N.J.A.C. 13:28-6.30 to enhance the shaving course curriculum that must be completed by beauticians wishing to obtain a cosmetology and hairstyling license. The Board is proposing to similarly amend the shaving curriculum set forth in N.J.A.C. 13:28-6.32 for the Board-administered and approved teacher shaving course. Additionally, the Board is proposing various technical amendments to the curricula for cosmetology and hairstyling, beauty culture, barbering, and teacher-training courses.

N.J.A.C. 13:28-6.28 through 6.33 establish the course curricula that must be completed to be eligible for licensure as a cosmetologist-hairstylist, beautician, barber, and teacher of cosmetology and hairstyling in New Jersey. Under N.J.A.C. 13:28-6.29, in order to be licensed as a cosmetologist-hairstylist, an individual must complete a total of 1,200 hours of instruction in a variety of subjects. Beauticians must complete 1,100 hours of instruction and barbers must complete 900 hours of instruction (see N.J.A.C. 13:28-6.29A and 6.29B, respectively).

Under existing N.J.A.C. 13:28-6.28, if a barber wishes to obtain a cosmetology and hairstyling license, he or she must complete an additional 500 hours of training, for a total of 1,400 hours. Thus, a barber applying for a cosmetology and hairstyling license would have to complete 200 more hours of instruction than an individual applying for initial licensure as a cosmetologist-hairstylist. The Board believes that barbers who received their licenses after 1985 do not need to complete the 500-hour course curriculum set forth at N.J.A.C. 13:28-6.28 because beginning in 1985, barbering licensees have been required to successfully complete many courses in subject matter substantially similar to those required of cosmetologist-hairstylists. However, because the barbering course curriculum set forth in N.J.A.C. 13:28-6.29B does not include instruction in manicure and pedicure, the Board proposes to add new N.J.A.C. 13:28-6.28A that would require barbers licensed after 1985 to complete a 300-hour manicure and pedicure course if they wish to obtain a cosmetology and hairstyling license.

Because barbers licensed before 1985 were likely to have learned barbering by completing an apprenticeship, and were not required to complete the same curriculum as barbers licensed after 1985, the Board proposes to require that barbers licensed before 1985 complete the existing, more broadly based curriculum set forth at N.J.A.C. 13:28-6.28, if they wish to obtain a cosmetology and hairstyling license.

The Board is also proposing to enhance the shaving curriculum for beauticians wishing to obtain a cosmetology and hairstyling license. Under N.J.A.C. 13:28-6.29A, an applicant must complete 1,100 hours of instruction to be eligible for a beauty culture license, as compared to 1,200 hours of instruction for a plenary cosmetology and hairstyling license. The curriculum for a beauty culture license is nearly identical to the curriculum for a cosmetology and hairstyling license, except for 100 hours of instruction in barbering, shaving, and beard and mustache trimming. Existing N.J.A.C. 13:28-6.30 requires a beautician wishing to obtain a cosmetology and hairstyling license to complete a shaving course outline consisting of only 25 hours of instruction. The Board believes that beauticians seeking to obtain a cosmetology and hairstyling license should complete the same curriculum and number of hours of instruction in barbering, shaving, and beard and mustache trimming as initial applicants for a cosmetology and hairstyling license. Therefore, the Board proposes to enhance the shaving course curriculum set forth in N.J.A.C. 13:28-6.30 to make it identical to the barbering, shaving, and beard and mustache trimming course curriculum set forth in N.J.A.C. 13:28-6.29, by repealing existing N.J.A.C. 13:28-6.30 and replacing it with the new rule. The Board is proposing repeal and replace N.J.A.C. 13:28-6.32, which sets forth the curriculum for the Board-administered and approved teacher shaving course.

The Board is also proposing to make several technical amendments to N.J.A.C. 13:28-6.29, 6.29A, 6.29B, and 6.31. The Board proposes to remove all references to "semi-permanent rinses" from the subject matter of shampooing. The term "rinse" specifically refers to a coloring product that simply shampoos out in one shampoo service. Semi-permanent products are not rinses, and thus should not be categorized with shampoos and rinses. The Board also believes that "scalp care," as referenced at N.J.A.C. 13:28-6.29B, should be more appropriately grouped with "common disorders of the skin, scalp, & hair" than with "shampooing."

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

The Board believes that proposed new N.J.A.C. 13:28-6.28A will have a positive impact on barbers licensed after 1985 who wish to obtain cosmetology and hairstyling licenses, because they will gain instruction in manicuring and pedicuring, subjects now absent from the existing 900-hour barbering curriculum. The Board also believes that by reducing the number of hours that they must complete from 500 to 300, they will be able to complete the program more quickly. The Board also believes that enhancing the barbering, shaving, and mustache and beard trimming course curriculum will ensure that beauticians who seek a cosmetology and hairstyling license are adequately trained to perform barbering services. The Board believes these comprehensive and well-rounded courses of study will prepare cosmetology and hairstyling licensees to provide all services in a safe and sanitary manner. The Board also believes that the proposed amendments, repeals, and new rules will equalize the path to licensure as a cosmetologist-hairstylist by requiring that barbers and beauticians seeking to convert their licenses, as well as applicants for initial licensure, complete a total of 1,200 hours of instruction.
 
Economic Impact

The Board believes that proposed new N.J.A.C. 13:28-6.28A will have a positive economic impact on barbers licensed after 1985 who seek to obtain a cosmetology and hairstyling license. Reducing the number of hours of additional instruction required to obtain a cosmetology and hairstyling license should also reduce the cost of completing the program.

The proposed replacement of N.J.A.C. 13:28-6.30, requiring 75 additional hours in barbering, shaving, and beard and mustache trimming, may increase the cost for beauticians seeking a cosmetology and hairstyling license; however the Board believes that the increased instruction will assure that beauticians obtaining cosmetology and hairstyling licenses receive the same number of hours of instruction in barbering, shaving, and beard and mustache trimming as applicants for [page=177] initial licensure as a cosmetologist-hairstylist. Similarly, the proposed replacement of N.J.A.C. 13:28-6.32 may increase the cost of completing a Board-administered and approved teacher shaving course. The costs to applicants to complete this training are difficult to ascertain with specificity and will vary based on the costs established by licensed schools offering the training courses. However, the Board believes that the costs to applicants are outweighed by the benefit to protect the health, safety, and welfare of consumers seeking cosmetology and hairstyling services in the State.
 
Federal Standards Statement

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

The Board does not anticipate that the proposed amendments, repeals, and new rules will increase or decrease jobs in the State.
 
Agriculture Industry Impact

The proposed amendments, repeals, and new rules will have no impact on the agriculture industry in the State.
 
Regulatory Flexibility Analysis

Currently, the Board licenses approximately 41,221 cosmetologist-hairstylists, 1,530 barbers, and 17,590 beauticians. If these licensees are considered "small businesses" within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., then the following analysis applies.

The proposed amendments, repeals, and new rules will impose compliance requirements on individuals holding barbering and beauty culture licenses who desire to obtain cosmetology and hairstyling licenses, and on individuals completing the Board-administered and approved teacher shaving course. These requirements are discussed in the Summary above.

No additional professional services will be needed to comply with the proposed amendments, repeals, and new rules. The costs of compliance with the proposed amendments, repeals, and new rules are discussed in the Economic Impact above. The Board believes that the proposed amendments, repeals, and new rules should be uniformly applied to all beauticians and barbers wishing to obtain cosmetology and hairstyling licenses, and on all individuals taking the Board-administered and approved teacher shaving course, in order to ensure the health, safety, and welfare of the general public in the provision of cosmetology and hairstyling services. Therefore, no differing compliance requirements for any applicant are provided based upon the size of the business.
 
Housing Affordability Impact Analysis

The proposed amendments, repeals, and new rules will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the proposed amendments, repeals, and new rules concern changes to the course curriculums to be completed by barbers licensed after 1985, beauticians wishing to obtain cosmetology and hairstyling licenses, and by individuals taking the Board-administered and approved teacher shaving course.
 
Smart Growth Development Impact Analysis

The proposed amendments, repeals, and new rules will have an insignificant impact on smart growth and there is an extreme unlikelihood 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 proposed amendments, repeals, and new rules concern changes to the course curriculums to be completed by barbers licensed after 1985, beauticians wishing to obtain cosmetology and hairstyling licenses, and by individuals taking the Board-administered and approved teacher shaving course.
 
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
(Agency Note: The column headings of existing N.J.A.C. 13:28-6.28, 6.29, 6.29A, 6.29B, 6.30, 6.31, and 6.32 are indicated below in boldface, as that is how they appear in the existing Administrative Code text. There is no proposed change in the text to the column headings, only the actual columns, as indicated. However, the column headings of proposed new N.J.A.C. 13:28-6.28A, 6.30, and 6.32 are proposed as new and will be permanent boldface in the Administrative Code text.)
 
SUBCHAPTER 6.    SCHOOLS OF COSMETOLOGY AND HAIRSTYLING
 
13:28-6.28   Curriculum for 500-hour course for [barbers] persons holding a State barbering license issued prior to 1985 who wish to obtain a [cosmetology-hairstyling] cosmetology and hairstyling license
 
(No change in table.)
 
13:28-6.28A      Curriculum for 300-hour course for persons holding a New Jersey State barbering license issued after 1985 who wish to obtain a cosmetology and hairstyling license
 

 
13:28-6.29   Curriculum for 1,200 hour cosmetology and hairstyling course
 

 
13:28-6.29A   Curriculum for 1,100 hour beauty culture course
 

 
13:28-6.29B   Curriculum for 900 hour barber course
 

 
[13:28-6.30   Curriculum for 25-hour shaving course for beauticians who wish to obtain a cosmetology-hairstyling license
 

 
13:28-6.30        Curriculum for 100-hour shaving course for beauticians who wish to obtain a cosmetology and hairstyling license
 

 
13:28-6.31   Curriculum for 500-hour teacher-training course
 

 
[13:28-6.32   Curriculum for Board administered and approved teacher shaving course
 

 
13:28-6.32        Curriculum for Board-administered and approved teacher shaving course