HB 1431 – AS AMENDED BY THE HOUSE

8Mar2012… 0923h

2012 SESSION

12-2179

10/04

HOUSE BILL 1431

AN ACT relative to requirements for a barber to obtain a license and for a licensed barber, cosmetologist, manicurist, or esthetician to obtain a shop license.

SPONSORS: Rep. Bowers, Sull 3; Rep. Antosz, Rock 9; Rep. Tasker, Rock 1; Rep. Simmons, Hills 17; Rep. M. Reed, Hills 26; Rep. Hansen, Hills 6; Rep. LeBrun, Hills 26

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill reduces the number of hours for a person to obtain a barber license by training and experience, and allows for a shop license to be issued for a residence and to a licensed barber, cosmetologist, manicurist, or esthetician upon licensure.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Mar2012… 0923h

12-2179

10/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to requirements for a barber to obtain a license and for a licensed barber, cosmetologist, manicurist, or esthetician to obtain a shop license.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Findings.

I. Qualifications of barbers. The general court finds that:

(a) For thousands and thousands of years parents taught their trade to their children;

(b) In recent times, there has been a shift toward classroom training;

(c) Many people who might not learn well in a classroom setting can learn very well via a hands-on experience of doing the work;

(d) Education via a repeated experience is often retained better than via classroom training; and

(e) The state, therefore, should facilitate alternatives to classroom training.

II. It is the intent of the general court that the board of barbering, cosmetology, and esthetics, be flexible in determining what is “equivalent training and experience” compared to classroom training, and that the board determine qualifications primarily by practical exam rather than by number of hours of training.

III. Shop licensure. The general court finds that a barber, cosmetologist, manicurist, or esthetician licensed under RSA 313-A is ipso facto qualified to engage in that trade; and that requiring a qualified applicant to wait one year before opening a shop is undue restraint of trade. The general court further finds that requiring a shop in a residence to have its own entrance, space, and required facilities, separate from the residents, is an unwarranted barrier to entry. It is the intent of the general court that the only requirements for a shop are those that are necessary to ensure public health and safety.

2 Barbers; Training. Amend RSA 313-A:10, I(c) and (d) to read as follows:

(c) Have received training of:

(1) A minimum of 800 hours of training in a school of barbering approved by the board; or

(2) [A minimum of 1,600 hours distributed over a period of at least 12 months under a licensed barber who has engaged in the practice of barbering within the state for at least 2 years] Equivalent training and experience;

(d) Pass an examination conducted by the board, demonstrating the minimum skills needed to perform the art of barbering; and

3 Shop License; Minimum Licensure Removed. Amend RSA 313-A:19, II(a) to read as follows:

II.(a) Any licensed barber, cosmetologist, manicurist, or esthetician [who has completed one year of actual experience in a salon or barbershop] shall, upon written application accompanied by the required fees, receive a license to operate a salon, barbershop, or mobile barbershop in this state, provided that the salon, barbershop, or mobile barbershop meets all requirements established in the rules of the board.

4 Rulemaking; Shop Licenses. Amend RSA 313-A:8, X to read as follows:

X. Conditions and standards for operation under a shop license, including health and safety standards, provided that a shop in a residence may share its entrance, space, and required facilities with the residents and shall not be required to have its entrance marked;

5 Effective Date. This act shall take effect 60 days after its passage.