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NEW JERSEY REGISTER
VOLUME 35, NUMBER 11
MONDAY, JUNE 2, 2003
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY STATE BOARD OF COSMETOLOGY AND HAIRSTYLING
BOARD OF COSMETOLOGY AND HAIRSTYLING RULES

Proposed Readoption with Amendments: N.J.A.C. 13:28

Authorized By: New Jersey State 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 2003-209.

Submit comments by August 1, 2003 to:

Richard Griswold, Executive Director

New Jersey State Board of Cosmetology and Hairstyling

124 Halsey Street

PO Box 45003

Newark, New Jersey 07101

The agency proposal follows:

Summary

The New Jersey State Board of Cosmetology and Hairstyling (the Board) is proposing to readopt N.J.A.C. 13:28 with amendments. These rules are scheduled to expire on May 8, 2003, pursuant to Executive Order No. 66(1978). Because this notice of readoption has been filed prior to May 8, 2003, the expiration date of the rules in Chapter 28 is extended by 180 days, pursuant to N.J.S.A. 52:14B-5.1, to November 4, 2003.

In compliance with the Executive Order, the Board undertook a thorough review of the existing provisions of N.J.A.C. 13:28 in order to delete unnecessary or unreasonable rules and to clarify existing provisions. The Board believes that the rules proposed for readoption, as amended, are necessary, reasonable, understandable and responsive to the purpose for which they were promulgated.

Initially, the Board notes that it has made minor, grammatical changes to several rules throughout the subchapters of N.J.A.C. 13:28. The Board believes that these technical amendments are necessary in order to clarify the existing language in the rules. The proposed amendments, however, do not alter the substantive meaning of the rules so amended.

The following is a summary of the existing rules of Chapter 28 which the Board proposes to readopt, as well as a summary of the amendments which the Board is proposing to adopt at this time.

The rules in Subchapter 1 set forth the requirements for obtaining a license to practice cosmetology and hairstyling. Subsections (a) through (f) of N.J.A.C. 13:28-1.1, which set forth the information and materials which must be submitted to the Board as part of a license application, are proposed to be readopted with a technical change to subsection (c) in order to delete superfluous language. The Board is proposing a new subsection (g) which provides that the Board shall send a notice of renewal to all licensees at least 60 days prior to the date of license expiration. If the renewal notice is not sent at least 60 days prior to the license expiration date, a licensee may not be charged any monetary penalties or fines. Existing subsection (g), which provides that all practicing licenses shall be renewable biennially within six months of expiration, is proposed to be recodified as new subsection (h) and is amended to provide that a licensee must renew his or her license for a period of two years from the last expiration date. Failure to submit the renewal application within 30 days following the date of license expiration shall result in the imposition of a late fee. A licensee who fails to submit the renewal application within 30 days after the date of license expiration will have his or her license suspended without a hearing.

The Board is further amending N.J.A.C. 13:28-1.1 by proposing a new subsection (i), which provides that a licensee who continues to engage in the practice of cosmetology and hairstyling with a suspended license will be deemed to be engaging in unauthorized practice. A licensee who has had his or her license suspended for failure to renew the license in a timely manner may apply to the Board for reinstatement within five years following the date of license expiration, pursuant to proposed new subsection (j). A licensee seeking reinstatement must remit payment of all past delinquent renewal fees, a reinstatement fee, and an affidavit listing each job the licensee held during the period his or her license was suspended. In addition, an applicant for reinstatement whose license has been suspended for more than five years must also retake and pass the licensure examination administered by the Board, in order to ensure that the applicant has maintained his or her professional competence during the suspension period. Proposed new subsection (k) provides that a licensee may, upon application to the Board, renew his or her license as inactive. A licensee who elects inactive status may not engage in the practice of cosmetology and hairstyling for the entire biennial registration period. An inactive licensee can resume the active practice of cosmetology and hairstyling by submitting to the Board the renewal fee for the current biennial registration period.

The Board is proposing new subsections (g), (i), (j) and (k) and amendments to recodified subsection (h) in light of recent amendments to the Uniform Enforcement Act, N.J.S.A. 45:1-7.1, P.L. 1999, c.403, which mandate the license renewal and reinstatement requirements outlined in the subsections.

N.J.A.C. 13:28-1.2, which requires applicants for licensure to take and pass the licensure examination administered by the Board, N.J.A.C. 13:28- 1.3, which sets forth requirements for the issuance of temporary permits to practice, and N.J.A.C. 13:28-1.4, which sets forth requirements for applicants seeking a license to teach or practice cosmetology and hairstyling when such applicants already hold barber and beauty culture licenses issued by the Board, are proposed to be readopted with technical changes. N.J.A.C. 13:28-1.5, which concerns the replacement of lost licenses, and N.J.A.C. 13:28-1.6, which sets forth notification requirements for change of address, are proposed to be readopted without change. N.J.A.C. 13:28-1.7, which sets forth qualifications for applicants seeking a license to teach cosmetology and hairstyling, is proposed to be amended to provide that an applicant must present evidence to the Board that he or she does not have a communicable, contagious, or infectious disease which could reasonably be expected to be transmitted during the course of teaching cosmetology and hairstyling services. The Board is proposing the inclusion of such language to make the rule consistent with the statutory requirements set forth at N.J.S.A. 45:5B-15.

The rules in Subchapter 2 establish requirements for the licensure and operation of cosmetology and hairstyling shops. N.J.A.C. 13:28-2.1, which sets forth the information which must be included in an application for a shop license, is proposed to be readopted without change. N.J.A.C. 13:28-2.2, which concerns the removal of a shop to a different address, is proposed to be readopted with technical changes. The Board is proposing to amend N.J.A.C. 13:28-2.3, concerning the transfer of ownership of a shop license, to clarify that the practice of cosmetology and hairstyling shall not be performed on the premises of a shop whose license has been transferred until a new shop license has been issued by the Board. The Board is also proposing to amend N.J.A.C. 13:28-2.3 to include a new paragraph (b)1, which provides that if a transfer of ownership of a licensed shop results from the death or disability of a principal shareholder or partner in the business entity which holds the license, then the shop may continue to operate under the existing shop license for a period of six months. The Board is proposing new paragraph (b)1 to make the rule consistent with the requirements of N.J.S.A. 45:5B-36 which provide for a six-month grace period during which a shop may continue to operate under an existing license when the transfer results from the death or disability of an owner.

The Board is also proposing that the following rules be readopted without change: N.J.A.C. 13:28-2.4, which sets forth renewal requirements for shop licenses; N.J.A.C. 13:28-2.5, 2.6 and 2.6A, which establish minimum square footage and equipment requirements for cosmetology and hairstyling shops, manicuring shops, and skin care specialty shops, respectively; N.J.A.C. 13:28-2.7, which establishes guidelines for the operation of shops on residential premises; N.J.A.C. 13:28-2.8, which prohibits the holder of a shop license from leasing or providing space in the shop to a non-employee for purposes of providing cosmetology and hairstyling services, or ancillary services, as part of a separate business to be conducted by the non-employee; N.J.A.C. 13:28-2.9, which provides that a shop license holder may permit the sale of merchandise within the shop; N.J.A.C. 13:28-2.10, which authorizes the provision of certain ancillary services in licensed cosmetology and hairstyling shops; N.J.A.C. 13:28-2.11, which delineates the type of services that may be provided in licensed manicuring and skin care specialty shops; N.J.A.C. 13:28-2.13, which sets forth requirements for the supervision of shop operations by experienced practicing licensees; and N.J.A.C. 13:28-2.14, which prohibits shop license holders from employing unlicensed personnel to provide cosmetology and hairstyling services.

The Board is proposing that N.J.A.C. 13:28-2.12, which requires the posting of shop and practitioner licenses, be amended at paragraph (a)2 to provide that the wallet identification card issued by the Board to an individual practitioner may not be posted in the shop by a licensee to satisfy the requirements of the rule. The Board believes that this amendment is necessary in order to clarify that the rule requires the posting of the actual license issued to the practitioner. The identification card, although issued to a practitioner with his or her license, is not a license, and may not be used as such. In addition, the Board is proposing to amend N.J.A.C. 13:28-2.15, which delineates prohibited practices, to provide a new subsection (d), which states that massaging, cleansing or stimulating the skin, with or without cosmetic preparations, by hand, mechanical or electrical appliances, below the stratum corneum and, therefore, affecting the living cells of the epidermis, is prohibited. The Board believes that this amendment is necessary in order to provide direction to licensees as to the appropriateness of such conduct. Some services which are currently being provided in licensed shops, including glycolic acid peels and microderm abrasion facials, affect the living layers of the skin and, therefore, go beyond the cosmetic beautification of the skin. Such conduct falls outside the scope of lawful practice by Board licensees as defined in N.J.S.A. 45:5B-3. The Board is also proposing new subsections (e) and (f) of N.J.A.C. 13:28-2.15 to provide that any licensee who massages, cleanses or stimulates the skin, with or without cosmetic preparations, by hand, mechanical or electrical appliances, below the stratum corneum will be deemed to be engaging in unlawful practice. The holder of a shop license will also be deemed to be engaging in unlawful practice if he or she aids, abets or permits the performance of such services by a licensee practicing in the shop.

The rules in Subchapter 3 set forth safety and sanitation requirements for licensed shops and the licensed practitioners operating within such shops. The Board is proposing that the four rules contained in Subchapter 3 be readopted without change. N.J.A.C. 13:28-3.1 sets forth requirements for cleaning and sanitizing licensed shop premises and fixtures. N.J.A.C. 13:28-3.2 establishes standards for sanitizing implements and tools used in the provision of shop services. N.J.A.C. 13:28-3.3 establishes sanitary standards that must be followed by all shop personnel in the provision of services. N.J.A.C. 13:28-3.4 delineates products which have been deemed prohibited and which, therefore, may not be used in a licensed shop.

Subchapter 4 establishes standards for enforcement of the rules in Chapter 28. N.J.A.C. 13:28-4.1, which provides for the inspection by the Board of any premises where it appears that cosmetology and hairstyling services are being rendered, is proposed to be readopted without change. The Board is proposing that N.J.A.C. 13:28-4.2, which provides that persons rendering cosmetology and hairstyling services must comply with all pertinent statutes and rules, be amended to provide that such persons must comply with all laws and rules relating to the provision of cosmetology and hairstyling 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, 14 et seq., and the uniform regulations of the Division of Consumer Affairs, N.J.A.C. 13:45C. The Board is proposing this amendment in order to provide more direction to licensees concerning which laws and rules they must follow. The Board is proposing similar amendments to N.J.A.C. 13:28-4.3, which currently requires shop license holders to comply with applicable laws and rules. The Board is also proposing technical amendments to N.J.A.C. 13:28-4.3 in order to clarify the existing meaning of the rule.

The Board is proposing that N.J.A.C. 13:28-4.4, which requires the holder of a shop license to verify that each practitioner rendering cosmetology and hairstyling services in the shop holds a valid license, and N.J.A.C. 13:28- 4.5, which requires the holder of a shop license to maintain a record of all practitioners rendering services within the shop, be readopted without change.

Subchapter 5 delineates the fees that shall be charged by the Board. The Board is proposing that N.J.A.C. 13:28-5.1 be amended to include a fee, at subparagraph (a)6i, for those licensees electing to renew as inactive, pursuant to proposed new subsection (k) of N.J.A.C. 13:28-1.1. This fee will be the subject of a future rule proposal by the Director of the Division of Consumer Affairs as it will be applied on a uniform basis to all licensees of the Division electing inactive renewal status. The Board is also proposing that the reference to the restoration fee charged by the Board in N.J.A.C. 13:28- 5.1(a)18 be amended to refer to a reinstatement fee, to make the terminology used in N.J.A.C. 13:28-5.1 consistent with the terminology that will be used in N.J.A.C. 13:28-1.1 as proposed to be amended at this time.

Subchapter 6 establishes standards applicable to licensed schools of cosmetology and hairstyling. N.J.A.C. 13:28-6.1, which provides that licensed schools shall comply with applicable laws and rules, is amended to provide specific references to the laws and rules with which licensed schools must comply. The Board is proposing the same changes to this rule as it is proposing in N.J.A.C. 13:28-4.2 and 4.3. Specifically, N.J.A.C. 13:28- 6.1, as amended, will provide that all schools will be responsible for complying with 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, 14 et seq., and the uniform regulations of the Division of Consumer Affairs, N.J.A.C. 13:45C. In addition, the Board is proposing to amend N.J.A.C. 13:28-6.1, which currently states that a licensed school shall have the right to request a hearing prior to any suspension of revocation of the license, to provide that the school shall have an opportunity to be heard consistent with the Administrative Procedure Act and the Uniform Administrative Procedure Rules.

The Board is proposing that N.J.A.C. 13:28-6.2, which sets forth the application procedure for school licensure, N.J.A.C. 13:28-6.3, which prohibits the registration of students at a school prior to the granting of school licensure, and N.J.A.C. 13:28-6.4, which sets forth requirements for choosing a school name and for utilizing advertisements and signs in the conduct of school business, be readopted without change. The Board is also proposing that N.J.A.C. 13:28-6.5, which prohibits licensed schools from operating cosmetology and hairstyling shops in conjunction with, or as part of, the school administration, N.J.A.C. 13:28-6.6, which requires a licensed school operating on the same premises as a licensed shop to have a separate and distinct entrance from the shop, and N.J.A.C. 13:28-6.7, which sets forth the square footage requirements with which licensed schools must comply, be readopted without change.

N.J.A.C. 13:28-6.8 requires licensed schools to obtain student registration cards from the Board for each student enrolled in a course of study at the school. Currently, paragraph (a)3 of N.J.A.C. 13:28-6.8 requires that the costs of submitting the student registration card application be borne by the student. The Board is proposing that paragraph (a)3 be deleted because it believes that decisions concerning payment of application costs should be left to the discretion of the individual school.

The Board is also proposing that the following rules in Subchapter 6 be readopted without change: N.J.A.C. 13:28-6.9, which sets forth requirements for enrolling non-English-speaking students at licensed schools; N.J.A.C. 13:28-6.10, which provides that school classes must begin on the first Monday of each month; N.J.A.C. 13:28-6.11, which sets forth requirements for the calculation of credit hours; N.J.A.C. 13:28-6.12, which defines "full-time student" and "part-time student" and concerns attendance of classes on Saturdays, and the scheduling of make-up classes; N.J.A.C. 13:28-6.13, which requires all schools to submit a schedule of proposed classes to the Board for approval; N.J.A.C. 13:28-6.14, which prohibits smoking by students or teachers in classrooms or clinics; N.J.A.C. 13:28-6.15, which requires schools to maintain a register of all enrolled students and to maintain detailed records of student attendance; and N.J.A.C. 13:28-6.16, which prohibits trades or professions other than the teaching of cosmetology and hairstyling from being practiced on the premises of a licensed school and prohibits schools from renting space for product or service demonstrations to individuals or business entities unless the space used for such demonstrations is in addition to the space required for school operation.

N.J.A.C. 13:28-6.17 provides that when a licensed school moves to a new location or undergoes a transfer of ownership, the school must provide notice to the Board as soon as practicable, and must submit an initial application for licensure. Currently, subsection (b) of N.J.A.C. 13:28-6.17 provides that in the case of a move or a transfer, the Board may waive any requirements for initial licensure which the Board deems may be too burdensome under the circumstances of a particular case, and may permit the new school to operate pending completion of the initial application process. The Board is proposing to amend N.J.A.C. 13:28-6.17(b) to make the provision applicable only to licensed schools that have moved to new locations. The Board is proposing a new subsection (c) be added to N.J.A.C. 13:28-6.17 which will be applicable to the transfer of ownership by licensed schools. New subsection (c) provides that the new school shall not commence operations until all requirements for the initial application for licensure of schools are satisfied. Subsection (c), however, also provides that if the transfer of ownership by a licensed school results from the death or disability of a principal shareholder or partner in the business entity which holds the school license, the school may continue to operate for six months pending completion of the application process to obtain a new license. This six-month grace period is mandated by N.J.S.A. 45:5B-36.

The Board is proposing the amendments to subsection (b) and new subsection (c) in order to clarify that when a transfer of ownership is undertaken, the new school must satisfy all requirements for initial school licensure and may not have any of these requirements waived, which could be done in the case of a school moving to a new location. The Board believes that strict adherence to the application requirements for initial licensure is necessary in the case of a transfer of ownership in order to ensure that the new owners have the necessary resources available to properly run the school. A waiver of any of these requirements could negatively impact future students of the school.

The Board is proposing that N.J.A.C. 13:28-6.18, which requires a school to retain the services of a supervising teacher, and N.J.A.C. 13:28-6.19, which requires all premises used as licensed schools, including branch schools, to be separately licensed by the Board, be readopted without change.

The Board is proposing that N.J.A.C. 13:28-6.20, which sets forth the minimum equipment requirements for all schools, be readopted with several amendments. The existing requirement in subsection (b) that all schools provide students with three marcel ovens and irons, is amended to give schools the option of providing students with electronically controlled marcel irons. In addition, subsection (b) is amended to give schools the option of providing students with canvas or styrofoam blocks. Currently, the rule mandates that schools provide students with canvas blocks only. The Board is also amending subsections (c) and (e) to delete the requirement that cosmetology and hairstyling students be provided with a "swab" and that skin care specialty students be provided with "night cream," as the Board does not believe that such supplies are necessary for proper instruction in these courses of study. The Board is also proposing amendments to subsections (b) and (c) of N.J.A.C. 13:28-6.20 to require that all cosmetology and hairstyling, and manicuring students be provided with "a cold wax kit" instead of the currently required "waxing strips" because the Board believes that the cold wax kit is more useful for students receiving instruction in their respective courses of study. The Board is also proposing other amendments to N.J.A.C. 13:28-6.20 which are technical in nature.

N.J.A.C. 13:28-6.21 establishes standards for students, including how junior and senior students shall be designated. The Board is proposing that subsections (c) and (d), which currently define junior manicuring students as students who have completed less than 100 hours of training, and senior manicuring students as students who have completed 100 hours or more of training, be amended to define junior students as students who have completed less than 150 hours of training, and senior students as students who have completed 150 hours or more of training. The Board is proposing these changes in order to make the definitions outlined in the rule consistent with the provisions of P.L. 2000, c.159, which amended the Cosmetology and Hairstyling Act at N.J.S.A. 45:5B-22 to increase the hours of instruction for all manicuring courses from 200 to 300.

The Board is proposing that N.J.A.C. 13:28-6.22, which requires a licensed school to submit applications for examination for each student to the Board within 30 days of the student's completion of his or her course of the study, and that N.J.A.C. 13:28-6.23, which establishes the minimum number of teachers that must be employed by a licensed school, be readopted without change. The Board is proposing that N.J.A.C. 13:28-6.24, which requires a licensed school which utilizes students enrolled in teacher training courses as instructors to provide direct supervision of such student teachers by fully licensed teachers, be readopted with technical changes. N.J.A.C. 13:28-6.25, which sets forth requirements for providing refresher courses, and N.J.A.C. 13:28-6.26, which sets forth requirements for providing postgraduate courses, are proposed to be readopted without change. The Board is also proposing that N.J.A.C. 13:28-6.27, which establishes clinical work prerequisites and limitations, be readopted with a technical change.

N.J.A.C. 13:28-6.28 through 6.34 set forth the curriculum which licensed schools must utilize in the courses of study offered. N.J.A.C. 13:28-6.28 establishes the curriculum for the 500-hour course for barbers who wish to obtain a cosmetology-hairstyling license; N.J.A.C. 13:28-6.29 establishes the curriculum for the 1,200-hour cosmetology and hairstyling course; N.J.A.C. 13:28-6.30 establishes the curriculum for the 25-hour shaving course for beauticians who wish to obtain a cosmetology-hairstyling license; N.J.A.C. 13:28-6.31 establishes the curriculum for the 500-hour teacher training course; N.J.A.C. 13:28-6.32 establishes the curriculum for the teacher shaving course; N.J.A.C. 13:28-6.33 establishes the curriculum for the 300-hour manicuring course; and N.J.A.C. 13:28-6.34 establishes the curriculum for the 600-hour skin care specialty course. The Board is proposing that N.J.A.C. 13:28-6.28 through 6.34 be readopted without change, except for technical amendments to the section headings for N.J.A.C. 13:28-6.31 and 6.34, which clarify the name of the courses to be taught by the licensed schools.

N.J.A.C. 13:28-6.35, which requires all licensed schools to post a bond in favor of the State in the amounts set forth in the rule, and N.J.A.C. 13:28- 6.36, which sets forth operational requirements for licensed schools wishing to conduct instruction at annex classrooms, are proposed to be readopted without change.

The Board has provided a 60-day comment period for this notice of proposal. Therefore, 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 the existing rules continue to protect the health, safety and welfare of the citizens of New Jersey by identifying those individuals who are qualified and legally authorized to provide cosmetology and hairstyling services. These rules establish the requisite standards of licensure in the State and positively affect the regulated community by clarifying the varied aspects of the practice of cosmetology and hairstyling for the benefit of all licensed practitioners, shop license and school license holders, and all applicants for licensure. The readoption of N.J.A.C. 13:28 is essential in order for the Board to continue to regulate the practice of cosmetology and hairstyling services to identify those individuals who are qualified to engage in the practice, and to ensure that every licensee, shop, school, and applicant for licensure is aware of the procedures involved in the issuance of a license.

The readoption of N.J.A.C. 13:28 continues the accepted practice standards for licensed practitioners of cosmetology and hairstyling, licensed shops and licensed schools established by the Board, and by so doing, provides individual licensees, shop and school license holders, and applicants for licensure with a clear and comprehensive set of rules to guide them in their professional work. Applicants for licensure will benefit by having a set of rules which govern the manner in which they may qualify for licensure. The Board also believes that licensees will benefit from the proposed readoption as a result of the uniform standards that will be applied throughout the field of cosmetology and hairstyling.

The Board believes that the proposed readoption will have a positive impact upon the general public by continuing to safeguard the public health and safety by ensuring the maintenance of appropriate practice standards, which will enable practitioners of cosmetology and hairstyling services, cosmetology and hairstyling shops and schools of cosmetology and hairstyling to provide the highest quality service in the rendering of such services.

The Board believes that the technical amendments proposed in Chapter 28 will help to clarify existing requirements, and that the substantive amendments proposed will positively impact the regulated community. The proposed amendments to subsection (h) and proposed new subsections (g), (i), (j) and (k) of N.J.A.C. 13:28-1.1, concerning license renewal, suspension and reinstatement, and inactive licensure status, will have a positive impact upon the regulated community to the extent that licensees will be on notice as to what activities they must perform in order to maintain a license that is inactive, or to reinstate a license that has been suspended.

The Board believes that the proposed amendments to N.J.A.C. 13:28-2.3 and 6.17, which clarify that upon transfer of ownership of a licensed shop or school, respectively, the shop or school must obtain a new license and shall not provide cosmetology and hairstyling services on the premises until the new license has been secured, will positively impact consumers by ensuring that only those shops and schools which have satisfied all requirements for initial licensure may operate at a new location or under new ownership. The proposed amendment to N.J.A.C. 13:28-2.12, which provides that the wallet identification card issued by the Board may not be posted by a licensee to satisfy the identification requirements of the rule, will help to clarify for licensees their obligations under the existing rule concerning the posting of licenses.

In addition, the Board believes that the proposed amendments to N.J.A.C. 13:28-2.15, which provide that massaging, cleansing or stimulating the skin below the stratum corneum shall be prohibited, will positively impact licensees, shops and schools, as well as the consumers they serve, by prohibiting conduct which the Board believes could endanger the health, safety and welfare of consumers.

The Board likewise believes that proposed amendments to N.J.A.C. 13:28- 4.2, 4.3 and 6.1, which delineate for licensees, shop owners and school operators what laws and rules they must comply with, will have a positive impact upon licensees, shops and schools by providing more guidance as to what standards must guide their professional conduct.

Economic Impact

The Board anticipates that the rules proposed for readoption with amendments will not impose any new or additional significant costs upon applicants for licensure, individual licensees, holders of cosmetology and hairstyling shops and school licenses, or consumers. The proposed readoption of the existing rules will continue the economic impact that the rules have had on such persons. Subchapter 1 will continue to have an economic impact upon applicants for licensure to the extent that applicants seeking to be licensed to provide cosmetology and hairstyling services pursuant to N.J.A.C. 13:28-1.1 or 1.4, or to teach such services pursuant to N.J.A.C. 13:28-1.7, and those applicants seeking a temporary license or student permit pursuant to N.J.A.C. 13:28-1.3, will incur administrative expenses associated with submitting the required application and supporting materials, as well as the costs of the examination required pursuant to N.J.A.C. 13:28-1.3. The readoption of N.J.A.C. 13:28-1.6 will also have an economic impact upon licensees of the Board, to the extent that the licensees who change their addresses will incur administrative expenses associated with submitting the required notification to the Board of the address change.

The Board also believes that the proposed amendments to N.J.A.C. 13:28- 1.1(g), (h), (i) and (j) concerning licensure renewal, suspension and reinstatement, may have an economic impact upon licensees to the extent that licensees who submit their renewal applications within 30 days of their license expiration date must submit a late fee, in addition to the standard license renewal fee charged by the Board. Licensees who have had their licenses suspended for failure to renew within 30 days of the license expiration date may incur additional costs if they wish to have their license reinstated. A licensee seeking reinstatement within five years of the date his or her license expired must submit a renewal application, all past delinquent renewal fees, a reinstatement fee and an affidavit listing each job the licensee held during the period his or her license was suspended. An individual whose license has been suspended for more than five years shall also be required to retake and pass the licensure examination, which will result in added expenses for some licensees. Proposed new subsection (k) of N.J.A.C. 13:28-1.1, concerning inactive licensure status, may also have an economic impact upon licensees who choose to renew their licenses with the designation of inactive status, to the extent that such persons who wish to resume the active practice of cosmetology and hairstyling may experience the economic costs associated with remitting the renewal fee for the current biennial registration period specified in N.J.A.C. 13:28-5.1 prior to resumption of practice.

The proposed readoption of the existing rules in Subchapter 2 may have an economic impact upon applicants for, and holders of, shop licenses. Specifically, applicants for shop licenses may incur administrative expenses associated with submitting applications and the supporting documentation required pursuant to N.J.A.C. 13:28-2.1. The readoption of N.J.A.C. 13:28-2.2 and 2.3, which concern the removal of a shop to a new location and the transfer of shop ownership, may have an economic impact upon shop license holders to the extent that a shop license holder who seeks to move his or her shop to a new location, or who obtains an interest in a shop by way of a transfer of ownership, will have to obtain a new shop license before commencing operation of the shop. In addition, shop license holders may be economically impacted by the proposed readoption of N.J.A.C. 13:28-2.4, which requires the remittance of the renewal fees set forth in N.J.A.C. 13:28-5.1. The proposed readoption of N.J.A.C. 13:28-2.5, 2.6 and 2.6A may have an economic impact upon licensed shops to the extent that cosmetology and hairstyling shops, manicuring shops, and skin care specialty shops, must comply with the square footage and minimum equipment requirements set forth in the rules.

The proposed readoption of N.J.A.C. 13:28-2.8 may have an economic impact upon licensed shops to the extent that shops are prohibited from subleasing space to non-employees and are, therefore, prohibiting from using arrangements commonly known as "chair rentals" to generate income. The proposed readoption of N.J.A.C. 13:28-2.9 and 2.10 may also have an economic impact upon licensed shop owners to the extent that the rule authorizes shops to sell merchandise, and, in the case of cosmetology and hairstyling shops, to provide ancillary services related to the beautification of the body, such as electrolysis and tanning, which can be used to generate additional income. The readoption of N.J.A.C. 13:28-2.11, which prohibits the offering of ancillary services at licensed manicuring and skin care specialty shops, may likewise have an economic impact upon these shops which may not offer such services to generate additional income.

The Board believes that the proposed amendments to N.J.A.C. 13:28-2.15, which prohibit licensees and shops from offering any service in which the skin is massaged, cleansed or stimulated below the stratum corneum, may have an economic impact upon shops which are currently offering such services.

The proposed readoption of Subchapter 3 will continue to impose economic costs upon shop license holders to the extent that shop owners may incur costs associated with establishing and maintaining the minimum operational standards set forth in N.J.A.C. 13:28-3.1 and the sanitization standards set forth in N.J.A.C. 13:28-3.2 for licensed shops.

The proposed readoption of Subchapter 4 may impose economic costs upon shop license holders to the extent that N.J.A.C. 13:28-4.4 requires the shop license holder to maintain documentation concerning the licensure status of each licensee that is employed by the shop. The shop license holder may incur administrative expenses associated with satisfying this documentation requirement.

N.J.A.C. 13:28-5.1, which sets forth the Board's fee schedule, will continue to have an economic impact upon licensees, shops and schools of cosmetology and hairstyling to the extent that all such licensees will be required to remit to the Board the fees specified in the rule.

The rules proposed for readoption in Subchapter 6 will continue to have an economic impact upon licensed schools of cosmetology and hairstyling. Specifically, schools will incur administrative expenses associated with submitting applications and/or supporting documentation, pursuant to the following: N.J.A.C. 13:28-6.2, which requires submission of a school license application; N.J.A.C. 13:28-6.8, which requires submission of an application for a student registration card for each student enrolled in the school; N.J.A.C. 13:28-6.9, which requires submission of enrollment agreements to be entered into by the school and all non-English speaking students; N.J.A.C. 13:28-6.11, which requires submission of designated make-up hours for missed hours of classroom instruction; N.J.A.C. 13:28-6.13, which requires submission of proposed classes, including anticipated hours of instruction; N.J.A.C. 13:28-6.18, which requires submission of the employment contract entered into between the school and a supervising teacher; N.J.A.C. 13:28- 6.21, which requires submission, as part of applications for student registrations, of an affidavit or other proof that students have been informed about the licensure examination requirements; N.J.A.C. 13:28-6.22, which requires submission of applications for examination for all students who complete their initiated course of study; N.J.A.C. 13:28-6.24, which requires submission of the names of all teachers and student teachers retained by the school; N.J.A.C. 13:28-6.25 and 6.26, which require submission of applications for student registration cards for any student enrolled in a refresher course or postgraduate course, respectively; and N.J.A.C. 13:28- 6.36, which requires submission of an application to conduct instruction in an annex classroom.

In addition, the readoption of N.J.A.C. 13:28-6.7 and 6.20 may have an economic impact upon schools to the extent that the licensed schools must comply with the minimum space and equipment requirements established in the rules. The readoption of N.J.A.C. 13:28-6.15 may have an economic impact upon schools to the extent that the schools may incur administrative expenses associated with maintaining detailed student attendance records. The proposed amendments to N.J.A.C. 13:28-6.17 may have an economic impact upon licensed schools to the extent that a school which seeks to move to new locations, or upon those persons or business entities that obtain interest in a school by way of a transfer of ownership, will have to obtain a new school license prior to continuing operation of the school. The Board also believes that the proposed readoption of N.J.A.C. 13:28-6.19 may have an economic impact upon schools to the extent that schools wishing to utilize branch facilities will have to separately license all such facilities. The proposed readoption of N.J.A.C. 13:28-6.23 may have an economic impact upon licensed schools to the extent that schools must employ the number of teachers specified in the rule in order to commence classes. In addition, the proposed readoption of N.J.A.C. 13:28- 6.35 may have an economic impact upon schools by requiring the posting of a bond in favor of the State in the amount specified in the rule. The amount of the bond will vary depending on the size of the school.

Federal Standards Statement

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

Jobs Impact

The rules proposed for readoption with amendments will enable the Board to continue to evaluate the qualifications of all applicants for licensure to ensure that only qualified persons are eligible to provide cosmetology and hairstyling services and to operate cosmetology and hairstyling shops and schools in the State. In addition, the rules proposed for readoption with amendments may have a positive impact upon jobs in the State, to the extent that new practitioner licenses, as well as new shop and/or school licenses will be granted to applicants, resulting in the creation of additional jobs in the profession. In addition, the proposed readoption with amendments will continue to provide the Board with a mechanism to limit licensure to those individuals and business entities that adhere to appropriate professional practice standards. The proposed readoption with amendments may, therefore, have a negative impact upon jobs in the State, to the extent that individuals and business entities that fail to comply with the requirements established in N.J.A.C. 13:28 will be prohibited from providing cosmetology and hairstyling services and from operating shops and/or schools of cosmetology, resulting in a loss of jobs in the State.

Agriculture Industry Impact

The Board does not anticipate that the rules proposed for readoption with amendments will have any impact on the agriculture industry of the State.

Regulatory Flexibility Analysis

requires the Board to provide a description of the types and an estimate of the number of small businesses to which the proposed readoption with amendments 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 readoption with amendments, 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 readoption with amendments, to outline the manner in which it has designed the proposed readoption with amendments to minimize any adverse economic impact upon small businesses, and to set forth whether the proposed readoption with amendments establish differing compliance requirements for small businesses.

The proposed readoption with amendments will continue to impose reporting, recordkeeping and compliance requirements upon cosmetology and hairstyling practitioners, shops and schools. The rules in Subchapter 1 proposed for readoption with amendments will continue to impose such requirements upon applicants for licensure to practice cosmetology and hairstyling, and upon practicing licensees. N.J.A.C. 13:28-1.1 requires all applicants for licensure to submit applications, complete with supporting documentation, evidencing proof of age, education and training, as well as the fee set forth in N.J.A.C. 13:28-5.1. The proposed amendments to N.J.A.C. 13:28-1.1 will also impose compliance requirements upon practicing licensees to the extent that N.J.A.C. 13:28-1.1(h) requires licensees to remit their renewal applications to the Board, along with the specified renewal fee, prior to the date of their license expiration. If a licensee submits the renewal application within 30 days following the date of his or her license expiration, he or she must also submit a late fee with the application. If a licensee fails to submit the renewal application within 30 days of the license expiration date, he or she must cease providing cosmetology and hairstyling services because his or her license is considered suspended. Pursuant to subsection (j) of N.J.A.C. 13:28-1.1, a licensee applying for reinstatement must submit a renewal application, all past delinquent renewal fees, a reinstatement fee and an affidavit of employment listing each job held during the period of license suspension, including the names, addresses, and telephone numbers of each employer. Licensees seeking reinstatement after five years must also retake and pass the licensure examination. Proposed new subsection (k) of N.J.A.C. 13:28-1.1 requires licensees who seek to renew their licenses as inactive to cease engaging in the practice of cosmetology and hairstyling for the entire biennial registration period. An inactive licensee who seeks to resume the active practice of cosmetology and hairstyling must remit payment of the renewal fee for the current registration period.

N.J.A.C. 13:28-1.2 requires all applicants for licensure to pass an examination administered by the Board. N.J.A.C. 13:28-1.3 requires all applicants for a temporary permit or a student permit to remit the fee specified in N.J.A.C. 13:28-5.1. N.J.A.C. 13:28-1.4 requires all persons who hold barber and beautician licenses issued by the State who wish to be licensed as cosmetologist-hairstylists to remit the fee set forth in N.J.A.C. 13:28-5.1. In addition, all persons who hold both a barber license and a license to teach beauty culture issued by the Board may be issued a license to teach cosmetology and hairstyling upon remittance of the fee provided in N.J.A.C. 13:28-5.1. N.J.A.C. 13:28-1.5 requires all licensees seeking a duplicate replacement license to submit two forms of identification, the fee provided in N.J.A.C. 13:28-5.1, and a notarized affidavit explaining the circumstances surrounding the loss of the original license. N.J.A.C. 13:28-1.6 requires all licensees to notify the Board in writing upon a change of address within 30 days. N.J.A.C. 13:28-1.7 requires all persons who apply for a license to teach cosmetology and hairstyling to secure a teaching license from the Board and to submit the required documentation delineated in the rule.

The rules in Subchapter 2 impose various recordkeeping and compliance requirements upon the holders of cosmetology and hairstyling shop licenses. N.J.A.C. 13:28-2.1 requires all persons or business entities desiring a shop license to submit an application to the Board, complete with supporting documentation, and to remit the fee provided in N.J.A.C. 13:28-5.1. N.J.A.C. 13:28-2.2 and 2.3 require a shop license holder to notify the Board prior to removal of the shop to a new address and to notify the Board of any transfer of ownership in the shop. Upon removal of a shop to a new location or transfer of ownership, the shop license holder must apply to the Board for a new license. N.J.A.C. 13:28-2.4 requires that all shop licenses be renewed. N.J.A.C. 13:28-2.5, 2.6 and 2.6A require all licensed cosmetology and hairstyling shops, manicuring shops, and skin care specialty shops, respectively, to meet certain minimum square footage and equipment requirements in order to begin operation. The rules also require the posting of notices concerning the types of services that may be provided by each shop. N.J.A.C. 13:28-2.7 requires shops located within private residences to ensure patrons direct entry into the shop, without requiring passage through any portion of the residence.

N.J.A.C. 13:28-2.8 prohibits the leasing or subleasing of space in licensed shops to non-employees for the purpose of providing cosmetology and hairstyling services, or ancillary services, as part of a separate business to be conducted by the non-employee. N.J.A.C. 13:28-2.9 requires shop license holders wishing to sell merchandise on the licensed premises to ensure that the space allocated for such sales is in addition to the square footage requirements mandated for all shops pursuant to N.J.A.C. 13:28-2.5, 2.6 and 2.6A. N.J.A.C. 13:28-2.10 requires the holder of a cosmetology and hairstyling shop license who wishes to provide ancillary beautification services to consumers to meet certain minimum training and operational requirements. N.J.A.C. 13:28-2.11 requires manicuring and skin care shop license holders to provide only those services delineated in the rule. N.J.A.C. 13:28-2.12 requires all shops to display the shop license, the licenses for all practitioners rendering services in the shop, and a listing of all services performed and the charges for each service.

N.J.A.C. 13:28-2.13 requires all licensed shops to retain the services of at least one experienced practicing licensee who must be present to oversee the management of the shop. N.J.A.C. 13:28-2.14 prohibits a licensed shop from retaining an unlicensed person to render cosmetology and hairstyling services in the shop. N.J.A.C. 13:28-2.15 prohibits practitioners and shop license holders from utilizing credo blades, skin scrapers, lancets or other comparable instruments. The proposed amendments to N.J.A.C. 13:28-2.15(d), (e) and (f) also prohibit practitioners and shop license holders from massaging, cleansing or stimulating the skin below the stratum corneum.

The rules in Subchapters 3 and 4 also impose compliance and recordkeeping requirements upon licensed practitioners and shop license holders. N.J.A.C. 13:28-3.1 requires all shops to be properly lighted and ventilated and to have an adequate supply of potable water. Licensed shops must also ensure that wastes are disposed of in a safe manner, and that all fixtures, equipment and supplies in the shop are maintained in a sanitary manner. N.J.A.C. 13:28-3.2 requires licensees to appropriately sanitize all implements and tools used in the shop. N.J.A.C. 13:28-3.3 requires licensees to perform services in a safe and sanitary manner and to observe certain minimum safety techniques. N.J.A.C. 13:28-3.4 prohibits a licensee or licensed shop from using any product that contains methyl methacrylate monomer, a poisonous and deleterious substance when used as an ingredient in nail care products.

N.J.A.C. 13:28-4.1 requires a shop license holder to make available to the Board during an inspection any documentation retained by the licensee pursuant to the rules in Chapter 28. N.J.A.C. 13:28-4.2 and 4.3 require all individual licensees and shop license holders to comply with all laws and rules applicable to the practice of cosmetology and hairstyling in the State. N.J.A.C. 13:28-4.4 requires the holder of a shop license to verify that each practitioner rendering services in the shop holds a valid license issued by the Board, and to maintain documentation of such verification for at least two years.

The rules proposed for readoption with amendments in Subchapter 6 will continue to impose reporting, recordkeeping and compliance requirements upon licensed schools of cosmetology and hairstyling. N.J.A.C. 13:28-6.1 requires all licensed schools to comply with all laws and rules applicable to the practice of cosmetology and hairstyling in the State. N.J.A.C. 13:28-6.2 requires licensed schools to submit an application for licensure, and supporting documentation, prior to providing instruction in cosmetology and hairstyling services. Applicants for a school license must also appear before the Board for an interview. N.J.A.C. 13:28-6.3 prohibits a school from registering any students prior to obtaining a license. N.J.A.C. 13:28-6.4 prohibits the use of false or misleading statements in advertisements, and requires the school to display at the main entrance a sign indicating that the establishment is a school of cosmetology and hairstyling. N.J.A.C. 13:28-6.5 prohibits schools from operating shops in conjunction with, or as part of, the school administration. N.J.A.C. 13:28-6.6 requires that separate entrances be provided for shops located on the same premises as licensed schools. N.J.A.C. 13:28-6.7 requires all schools to comply with minimum square footage requirements. N.J.A.C. 13:28-6.8 requires schools to submit an application for a student registration card for each student enrolled at the school. N.J.A.C. 13:28-6.9 requires licensed schools to submit enrollment agreements entered into between the school and all non-English speaking students, as well as applications for registration cards for each non-English speaking student. Schools offering classes in languages other than English must also employ a licensed teacher who is fluent in English and the language in which the course will be offered, and must provide instruction materials and examinations in the foreign language.

N.J.A.C. 13:28-6.10 requires all schools to begin classes on the first Monday of each month. N.J.A.C. 13:28-6.11 prohibits a school from granting credit for more than 40 hours of regularly scheduled class time in any calendar week. N.J.A.C. 13:28-6.12 prohibits a school from authorizing make-up classes which would cause the total class hours for any week to exceed 48 for any student. N.J.A.C. 13:28-6.13 requires a school to submit to the Board for approval a schedule of all proposed classes prior to implementation of such schedule. N.J.A.C. 13:28-6.14 requires schools to prohibit smoking by students and teachers in classrooms or clinics. N.J.A.C. 13:28-6.15 requires schools to maintain registers of all students and to check student attendance twice daily. A detailed attendance record must be maintained for a period of five years. In addition, the school must forward to the Board uniform time sheets of daily attendance at the end of each month.

N.J.A.C. 13:28-6.16 prohibits schools from renting space for demonstrations to outside companies, individuals, corporations or other business entities unless such space is in addition to the minimum square footage required pursuant to N.J.A.C. 13:28-6.7. The proposed amendments to N.J.A.C. 13:28-6.17 require licensed schools which seek to move to new locations, or those individuals or business entities that obtain an interest in a school by way of a transfer of ownership, to obtain a new school license prior to continuing operation of the school. N.J.A.C. 13:28-6.18 requires a licensed school to hire a supervising teacher and to submit evidence of such employment to the Board. N.J.A.C. 13:28-6.19 requires all premises used as licensed schools, including all branch facilities, to be separately licensed. N.J.A.C. 13:28-6.20 requires all licensed schools to comply with the minimum equipment and supply requirements set forth in the rule. N.J.A.C. 13:28-6.21 requires schools to inform all students enrolled about the minimum requirements for admission to the licensing examination, and to provide the Board with information concerning student attendance. N.J.A.C. 13:28-6.21 also requires that junior and senior students, as well as students in teacher training courses, comply with the attendance and performance requirements set forth in the rule.

N.J.A.C. 13:28-6.22 requires a licensed school to submit an application for examination for each student within 30 days after the student's completion of his or her course of study. N.J.A.C. 13:28-6.23 requires licensed schools to employ a minimum number of teachers, which is based on the size of the student population. In addition, N.J.A.C. 13:28-6.23 prohibits all teachers employed in licensed schools from engaging in the public or private practice of cosmetology and hairstyling during school hours. N.J.A.C. 13:28-6.24 requires a licensed school to provide direct supervision for any student enrolled in a teacher training course who is utilized to teach a course at the school. N.J.A.C. 13:28-6.25 and 6.26 limit the offering of refresher courses and postgraduate courses, respectively, to those students who satisfy the criteria established in the rules. N.J.A.C. 13:28-6.27 requires a licensed school performing clinical work to display a sign which informs patrons that services provided in the clinic will be provided by students enrolled in the school. The rule also requires a licensed school to comply with the standards set forth in the rule prior to allowing students to perform services upon the general public as part of a student's clinical training.

N.J.A.C. 13:28-6.28 through 6.34 require licensed schools to comply with the curricula established in the rules for the various courses of study that the schools offer. Specifically, N.J.A.C. 13:28-6.28 establishes the curriculum for the 500-hour course for barbers who wish to obtain a cosmetology-hairstyling license; N.J.A.C. 13:28-6.29 establishes the curriculum for the 1,200-hour cosmetology and hairstyling course; N.J.A.C. 13:28-6.30 establishes the curriculum for the 25-hour shaving course for beauticians who wish to obtain a cosmetology-hairstyling license; N.J.A.C. 13:28-6.31 establishes the curriculum for the 500-hour teacher training course; N.J.A.C. 13:28-6.32 establishes the curriculum for the teacher shaving course; N.J.A.C. 13:28-6.33 establishes the curriculum for the 300- hour manicuring course; and N.J.A.C. 13:28-6.34 establishes the curriculum for the 600-hour skin care specialty course. N.J.A.C. 13:28-6.35 requires a licensed school to post a bond in favor of the State. The amount of the bond varies depending on the number of students enrolled in the school. N.J.A.C. 13:28-6.36 requires a school wishing to operate an annex classroom which will be separate from the licensed school facility to submit an application to the Board for the use of such classroom. An annex classroom must meet the minimum square footage, equipment and operational requirements established in the rule.

No additional professional services will be needed to comply with the rules proposed for readoption with amendments. In addition, the Board does not believe that there will be any significant, additional economic impact upon licensees, licensed cosmetology and hairstyling shops, and licensed schools of cosmetology and hairstyling as a result of the proposed readoption with amendments. The cost of compliance with the proposed readoption with amendments are discussed in the economic impact statement above. The Board believes that the proposed readoption with amendments should be uniformly applied to all licensed practitioners of cosmetology and hairstyling services, cosmetology and hairstyling shops and cosmetology and hairstyling schools to ensure the health, welfare and safety of the general public in the provision of cosmetology and hairstyling services and, therefore, no differing compliance requirements for any licensee, licensed shop or licensed school are provided based upon the size of the business.

Smart Growth Impact

The Board does not believe that the rules proposed for readoption with amendments will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.

Full text of the proposed readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:28.

Full text of the proposed amendments follows:

<< NJ ADC 13:28-1.1 >>

13:28-1.1 Applicants for examination for licensure; acceptable documentation of credentials<<+; license renewals; reinstatement; inactive status+>>

(a)-(b) (No change.)

(c) All applications must be accompanied by proof of satisfactory completion of high school or its equivalent. The following are deemed to constitute such proof:

1. A high school diploma <<-or the equivalent thereof->>;

2.-3. (No change.)

(d)-(f) (No change.)

<<+(g) The Board shall send a notice of renewal to all licensees at least 60 days prior to the date of license expiration. If the notice to renew is not sent at least 60 days prior to the license expiration date, no monetary penalties or fines shall apply to a licensee for failure to renew.+>>

<<-(g) All practicing licenses issued by the Board shall be renewed biennially within six months of expiration. Applications for renewal submitted more than six months after the expiration of the license shall be accompanied by a restoration fee as set forth in N.J.A.C. 13:28-5.1.->>

<<+(h) A licensee shall renew his or her license for a period of two years from the last expiration date. The licensee shall remit a renewal application to the Board, along with the renewal fee set forth in N.J.A.C. 13:28-5.1, prior to the date of license expiration. A licensee who submits a renewal application within 30 days following the date of license expiration shall submit the renewal fee, as well as the late fee set forth in N.J.A.C. 13:28- 5.1. A licensee who fails to submit a renewal application within 30 days of license expiration shall have his or her license suspended without a hearing.+>>

<<+(i) A licensee who continues to render cosmetology and hairstyling services with a suspended license shall be deemed to be engaging in the unauthorized practice of cosmetology and hairstyling and shall be subject to the penalties set forth in N.J.S.A. 45:1-25.+>>

<<+(j) A licensee who has had his or her license suspended pursuant to (g) above who applies to the Board for reinstatement shall submit a renewal application, all past delinquent renewal fees, the reinstatement fee set forth in N.J.A.C. 13:28-5.1, and an affidavit of employment listing each job held during the period of license suspension, including the names, addresses, and telephone numbers of each employer. An individual whose license has been suspended for more than five years shall also retake and pass the license examination set forth in N.J.A.C. 13:28-1.2.+>>

<<+(k) A licensee may, upon application to the Board, choose inactive status. A licensee electing inactive status shall not render cosmetology and hairstyling services for the entire biennial registration period. A licensee on inactive status may resume the practice of cosmetology and hairstyling upon payment of the renewal fee for the current biennial registration period set forth in N.J.A.C. 13:28-5.1.+>>

<< NJ ADC 13:28-1.2 >>

13:28-1.2 Examination and reexaminations

(a)-(b) (No change.)

(c) An applicant who fails one part of the examination shall be reexamined only on the part failed; provided, however, that an applicant <<+ applying+>> for a cosmetology and hairstyling license <<-by endorsement->> pursuant to N.J.S.A. 45:5B-29 and 30 who fails one part of the examination shall retake the complete examination.

(d) An applicant who fails the examination or fails to appear for an examination may be rescheduled for examination upon written notice to the Board. Payment of the initial fee <<+set forth in N.J.A.C. 13:28-5.1+>> shall entitle an applicant to be scheduled for no more than two examinations.

<< NJ ADC 13:28-1.3 >>

13:28-1.3 Temporary permits and student permits

(a) (No change.)

(b) Upon application, the Board may issue a student permit to any student registered at a licensed New Jersey cosmetology and hairstyling school or enrolled in a New Jersey State approved high school or vocational program.

1. An application for a student permit shall be accompanied by the appropriate fee as set forth in N.J.A.C. 13:28-5<<+.1+>> and a certification from the school that the student has completed the requisite hours of training, as set forth in N.J.S.A. 45:5B-3(r).

<< NJ ADC 13:28-1.4 >>

13:28-1.4 Application for license to teach or practice cosmetology and hairstyling by persons holding both a barber license and a beauty culture license

(a) (No change.)

(b) Any person holding both a New Jersey State barber license and a New Jersey <<-state->> <<+State+>> license to teach beauty culture may be issued a license to teach cosmetology and hairstyling upon application to the Board and payment of the appropriate fee as set forth in N.J.A.C. 13:28- 5<<+.1+>>.

<< NJ ADC 13:28-1.7 >>

13:28-1.7 Qualifications of teachers

(a)-(b) (No change.)

(c) To qualify as a candidate for licensure as a teacher of cosmetology and hairstyling, an applicant shall present satisfactory evidence to the Board that he or she:

1.-2. (No change.)

3. Does not have a communicable, contagious, or infectious disease <<+which could reasonably be expected to be transmitted during the course of teaching cosmetology and hairstyling services+>>;

4.-7. (No change.)

8. Has attained six months employment experience in a licensed shop <<-in New Jersey->>; and

9. (No change.)

<< NJ ADC 13:28-2.2 >>

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 notify the Board of his <<+or her+>> intention and make application for a new shop license pursuant to N.J.A.C. 13:28-2.1.

1. (No change.)

2. <<-No->> <<+The+>> practice of cosmetology and hairstyling shall <<+not+>> be <<-done->> <<+performed+>> on the premises of the new shop until a shop license has been issued.

<< NJ ADC 13:28-2.3 >>

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, 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 (b)1 below. The practice of cosmetology and hairstyling shall not be performed on the premises of the shop until a new shop license has been issued+>>.

<<+1. If a transfer of ownership by a licensed shop results from the death or disability of a principal shareholder or partner in the business entity which holds the shop license, the shop may continue to operate for six months, pursuant to N.J.S.A. 45:5B-36, pending completion of the application process to obtain a new license.+>>

<< NJ ADC 13:28-2.12 >>

13:28-2.12 Posting of licenses and required notices

(a) All shops shall display the following in a location clearly visible to all patrons:

1. (No change.)

2. Licenses for all practitioners rendering services within the shop. Each license shall contain a current picture of the licensee<<+. A licensee's wallet identification card issued by the Board shall not be used to satisfy the requirements of this section+>>; and

3. (No change.)

(b) (No change.)

<< NJ ADC 13:28-2.15 >>

13:28-2.15 Prohibited practices

(a)-(c) (No change.)

<<+(d) Massaging, cleansing or stimulating the skin, with or without cosmetic preparations, by hand, mechanical or electrical appliances, below the stratum corneum, affecting the living cells of the epidermis shall be prohibited on any licensed premises.+>>

<<+(e) Any practitioner who massages, cleanses or stimulates the skin, with or without cosmetic preparations, by hand, mechanical or electrical appliances, below the stratum corneum, affecting the living cells of the epidermis shall be deemed to be engaging in unlawful practice by rendering services in an unsafe and unsanitary manner.+>>

<<+(f) A holder of a shop licensed shall be deemed to be engaging in unlawful practice pursuant to N.J.S.A. 45:5B-13(e) if he or she aids, abets or permits a practitioner to massage, cleanse or stimulate the skin with or without cosmetic preparations, by hand, mechanical or electrical appliances, below the stratum corneum, affecting the living cells of the epidermis.+>>

<< NJ ADC 13:28-4.2 >>

13:28-4.2 Compliance with <<-statutes->> <<+laws+>> and rules

Any individual rendering cosmetology and hairstyling services shall <<-be in compliance->> <<+comply+>> with all <<-pertinent statutes->> <<+ laws+>> and rules <<+relating to the provision of cosmetology and hairstyling 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, 14 et seq. and the uniform regulations of the Division of Consumer Affairs, N.J.A.C. 13:45C+>>.

<< NJ ADC 13:28-4.3 >>

13:28-4.3 Responsibility for compliance with laws <<+and rules+>>

The holder of a shop license, as well as the shop's supervisor, shall be responsible for compliance with all <<-of the->> laws <<+and rules+>> relating to the operation of the premises at which cosmetology and hairstyling services are rendered<<-. Operators as well as supervisors shall be responsible for compliance with->> <<+and+>> all <<-the->> laws <<+ and rules+>> relating to the practice of cosmetology and hairstyling <<+ 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, 14 et seq., and the uniform regulations of the Division of Consumer Affairs, N.J.A.C. 13:45C+>>.

<< NJ ADC 13:28-5.1 >>

13:28-5.1 Fee schedule

(a) The following fees will be charged by the Board:

1.-5. (No change.)

6. Biennial license renewal (individual)     $60.00

i. Inactive renewal status     (Fee to be determined by the Director)

7.-16. (No change.)

17. Late fee      30.00

18. Reinstatement fee     50.00

19. (No change.)

<< NJ ADC 13:28-6.1 >>

13:28-6.1 Compliance with law<<+s and rules+>>

Licensed schools shall comply with <<-the Cosmetology and Hairstyling Laws of the State and these rules->> <<+all laws and rules relating to the practice of cosmetology and hairstyling, 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, 14 et seq. and the uniform regulations of the Division of Consumer Affairs, N.J.A.C. 13:45C+>>. 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 <<-a hearing->> <<+be heard+>> pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. <<+and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.+>>

<< NJ ADC 13:28-6.8 >>

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. All costs of submission of this application form shall be paid by the student.->>

(b)-(c) (No change.)

<< NJ ADC 13:28-6.17 >>

13:28-6.17 Transfer of school business, relocation, renewal

(a) (No change.)

(b) In the case of a move <<-or transfer in (a) above->> <<+by a duly licensed school to a new location+>>, the Board may waive any provisions of this subchapter relating to the initial application for licensure of schools which the <<-board->> <<+Board+>> in its discretion deems to be unduly burdensome under the circumstances of the particular move <<-or transfer->>. The Board may permit the new school to operate pending completion of the application process <<+to obtain a new license+>>.

<<+(c) In the case of a transfer of ownership by a licensed school, the new school shall not commence operations until the provisions of this subchapter relating to the initial application for licensure of schools are satisfied, except as provided in (c)1 below.+>>

<<+1. If a transfer of ownership by a licensed school results from the death or disability of a principal shareholder or partner in the business entity which holds the school license, the school may continue to operate for six months, pursuant to N.J.S.A. 45:5B-36, pending completion of the application process to obtain a new license.+>>

<< NJ ADC 13:28-6.20 >>

13:28-6.20 Minimum equipment

(a) (No change.)

(b) The minimum equipment required for schools shall be as follows:

1.-3. (No change.)

<<-3.->><<+4.+>> Three marcel ovens and <<-marcel->> irons <<+ or three electronically controlled marcel irons+>>;

5.-8. (No change.)

9. Six canvas<<--->> <<+or styrofoam+>> blocks;

10.-25. (No change.)

26. A latherizer, one hone, one <<-strap->> <<+strop+>> and electric clippers;

27.-29. (No change.)

(c) Each school shall supply each cosmetology and hairstyling student with the following tools: two hair brushes, combs, 100 clips, cape, razor, shears, thinning shears, cold wave rods, end papers, rollers, <<-hair dye->> <<+ tint+>> brush<<-, swab->> or applicator bottle, hard rubber comb<<- s->>, marcel iron, blow dryer, protective eyewear, protective gloves, a manicuring kit with tips and wraps, a make-up kit, a tweezer<<-s->>, <<- waxing strips->> <<+a cold wax kit+>>, workbook and textbook.

(d) Each school shall supply each manicuring student with <<+a+>> kit<<- s->> having a pusher, files, emery boards, nipper, nail brush, orange wood stick, spatula, tips, wraps (non-adhesive), adhesive, sterilizer, finger bowl, appropriate creams, nail polish remover, styptic powder or liquid, protective eyewear, pedicure slippers, workbook, textbook, a tweezer<<-s->>, <<- waxing strips->> <<+a cold wax kit+>>, and a practice hand.

(e) Each school shall supply each skin care specialty student with <<+a+>> kit<<-s->> having one <<-theory book->> <<+textbook+>>, one workbook, one protective cloth drape, one pair of protective gloves, protective eyewear, two headbands, one shoulder cape, one package of cotton swabs, one roll of cotton, one box of tissues, six cleansing sponges, one package facial cotton pads, three spatulas, one <<-sterilizer jar and->> sterilizer container with lid, <<-one pair of->> <<+a+>> tweezer<<-s->>, <<- waxing strips->> <<+a cold wax kit+>>, one make-up kit, one set of makeup brushes, three terry cloth towels, one bottle of alcohol, one bottle of antiseptic, two 20-ounce bowls and one container of each of the following: cleansing cream, astringent, massage cream, <<-night cream,->> moisturizer and all purpose masque.

(f)-(l) (No change.)

<< NJ ADC 13:28-6.21 >>

13:28-6.21 Student standards and requirements

(a)-(c) (No change.)

(d) Junior and senior students shall be distinguished as follows:

1.-2. (No change.)

3. Junior manicuring students are those students who have <<-not yet->> completed <<-the first 100->> <<+less than 150+>> hours of their course in manicuring;

4. Senior manicuring students are those students who have completed <<- 100->> <<+150+>> hours or more of their course in manicuring;

5.-6. (No change.)

(e) Upon filing and acceptance by the Board of applications for permission to enroll in a teacher training course, student registration cards <<- will->> <<+shall+>> be issued by the Board. Students <<-taking teacher courses->> <<+enrolled in a teacher training course+>> shall comply with all Board rules and the rules of the particular school.

(f)-(q) (No change.)

<< NJ ADC 13:28-6.24 >>

13:28-6.24 Employment of licensed teachers

(a) A school shall permit only a licensed teacher or a registered <<- student->> teacher <<+training student+>>, under the direct supervision of a licensed teacher, to teach its students; provided, however, a demonstrator may demonstrate new processes, preparations and appliances to a class of school students if such demonstration is supervised by a licensed teacher at the school.

1. For purposes of this section, "direct supervision" means that the licensed teacher is physically present in the room at all times during the <<-student teacher's->> <<+teacher training student's+>> instruction and is immediately available to provide assistance, if necessary.

(b) (No change.)

(c) Each school shall submit a list of its teachers and registered <<- student teachers->> <<+teacher training students+>> to the Board and advise the Board in writing immediately of changes in its teaching staff.

<< NJ ADC 13:28-6.27 >>

13:28-6.27 Clinical work prerequisites and limitations

(a)-(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 manicuring and senior skin care specialty students only.

(f)-(l) (No change.)

<< NJ ADC 13:28-6.31 >>

13:28-6.31 Curriculum for 500 hour <<+teacher training+>> 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 15 15 30
Shampooing--including Temporary &
Semi-Permanent Rinses
5 10 15
Hair and Scalp Treatments, Reconditioning
Treatments
5 10 15
Hair & Basic Layer & Clipper Cut--Razor,
Scissors, Thinning Shears, Tapering
10 30 40
Hairstyling--including Pin Curls, Fingerwaving
& Blow Waving
10 30 40
Hair Tinting & Bleaching including Frosting,
Tipping & Streaks
10 20 30
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 13:28-6.34 >>

13:28-6.34 <<-Skin care specialty curriculum->> <<+Curriculum for 600- hour skin care specialty course+>>

TIME DISTRIBUTION FOR INSTRUCTIONAL UNITS AND CLINICAL PRACTICE

 Hours of Class
and Subject
Related Instruction
Hours of
Practical Instruction
Total
State Laws, Rules and Regulations for
Cosmetology and Hairstyling Administrative
Shop Operations
10 0 10
Orientation, Safety and Health and
Professionalism
10 0 10
Bacteriology, Sanitation and Sterilization 20 5 25
Anatomy, Physiology and Nutrition 40 0 40
Structure and Functions of Skin 25 0 25
Superfluous Hair 10 30 40
Chemistry Related to Skin Care 40 0 40
Electricity and Machines 15 40 55
Facial and Body Procedures 50 125 175
Make-up Techniques and Corrective Make-up
Techniques (post-surgical)
50 100 150
Business Practices and Job Skills 30 0 30
Total Hours 300 300 600


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Rule Proposals New Jersey State Board of Cosmetology and Hairstyling Consumer Affairs
Feedback NJ Dept. of Law and Public Safety State of New Jersey

Posted June 2, 2003