Chapter-28-Board-of-Cosmetology-and-Hairstyling

e Applicants for licensure shall have completed an educational program in cosmetology and hairstyling, beauty culture, barbering, skin care specialty, manicuring, or hair braiding as app

PRACTICING LICENSES, APPLICATION AND EXAMINATIONS

13:28-1.1 PRACTICING LICENSES; APPLICATION AND EDUCATION

REQUIREMENTS; ACCEPTABLE DOCUMENTATION OF CREDENTIALS; LICENSE RENEWALS; REINSTATEMENT; INACTIVE STATUS a) The following practicing licenses shall be available from the Board:

Cosmetology and hairstyling license authorizes the holder to shave or trim facial hair; shampoo, cut, arrange, dress, relax, curl, perm, or style the hair, and to perform all services included in hair braiding; singe, dye, tint, color, or bleach the hair; apply cosmetic preparations, antiseptics, tonics, lotions, creams, or makeup to the hair, scalp, face, or neck; massage, cleanse, or stimulate the face, neck, or upper chest and upper back with or without cosmetic preparations, either by hand, mechanical, or electrical appliances; remove superfluous hair from the face, neck, arms, legs, or abdomen by depilatories, waxing, or tweezers, but not by electrolysis; manicure the fingernails, nail-sculpturing, or pedicure the toenails; and cut, fit, color, or style hairpieces or wigs to the extent that the services are being performed while the wig is worn.

The beauty culture license authorizes the holder to perform a broad set of hair services, including shampooing, cutting, arranging, dressing, relaxing, curling, and permanent waving, as well as styling of the hair It also covers all hair-braiding services described in section (a)6 below, with weaving excluded.

Chapter 28, Page 6 (Last Revision Date: 10/18/2021) defines the allowed cosmetic services, including hair coloring and chemical processing (singeing, dyeing, tinting, coloring, or bleaching); applying cosmetic preparations, antiseptics, tonics, lotions, creams, or makeup to the hair, scalp, face, neck, or upper body; massaging, cleansing, or stimulating the face, scalp, neck, or upper chest and upper back with or without cosmetic products by hand, mechanical, or electrical devices; removal of superfluous hair from the face, neck, arms, legs, or abdomen using depilatories, waxing, or tweezers (but not electrolysis); manicuring fingernails, nail sculpting, or pedicuring toenails; and cutting, fitting, coloring, or styling hairpieces or wigs to be worn while the wig is on.

The barbering license authorizes the holder to provide a broad range of barber services, including shaving or trimming facial hair such as the beard and mustache; shampooing, cutting, arranging, relaxing, and styling the hair, and all hair-braiding services described in (a)6 below, with the exception of weaving; singeing, dyeing, tinting, coloring, or bleaching the hair; applying cosmetic preparations, antiseptics, tonics, lotions, or creams to the hair, scalp, face, or neck; massaging, cleansing, or stimulating the face, neck, or scalp with or without cosmetic preparations, by hand, mechanically, or with electrical devices; and cutting, fitting, coloring, or styling hairpieces or wigs to the extent that these services are performed while the wig is worn by a person.

4) Skin care specialty license, which shall authorize the holder to provide the following services:

Chapter 28 defines permissible cosmetic care activities as applying preparations such as makeup, antiseptics, tonics, lotions, or creams to the scalp, face, or neck; massaging, cleansing, or stimulating the face, neck, or upper chest and upper back, with or without cosmetic preparations, using hands, mechanical, or electrical devices; and removing superfluous hair from the face, neck, arms, legs, or abdomen with depilatories, waxing, or tweezers, but not by electrolysis.

A manicuring license authorizes the holder to provide manicure of the fingernails, pedicure of the toenails, nail sculpturing, and the removal of superfluous hair from the face, neck, arms, legs, or abdomen using depilatories, waxing, or tweezers, but not by electrolysis.

6) Hair braiding license, which shall authorize the holder to provide the following services: i Twisting, wrapping, weaving, extending, locking, or braiding of hair by hand or with mechanical devices;

(1) Hair braiding services may include:

(A) The use of natural or synthetic hair extensions or fibers, decorative beads, and other hair accessories;

(B) Minor trimming of natural hair or hair extensions incidental to any twisting, wrapping, weaving, extending, locking, or braiding of hair;

(C) Making wigs from natural hair, natural or synthetic fibers, and hair extensions; and

(D) The use of topical agents in conjunction with performing hair braiding, including conditioners, gels, moisturizers, oils, pomades, and shampoos

Applications for examination and initial licensure may be procured from the office of the Board or online at http://www.njconsumeraffairs.gov/cos/Pages/default.aspx All applications must be accompanied by satisfactory proof of age, and the following are deemed to constitute such proof.

1) Birth Certificate or Baptism Certificate;

2) Passport, citizenship papers, immigration certificate or Alien Registration Card;

3) A valid New Jersey driver's license; or

Any other document or affidavit that constitutes valid proof of age may be accepted All applications must be accompanied by proof of satisfactory completion of high school or an equivalent qualification; the following documents are deemed to constitute such proof.

2) A certified high school transcript substantiating successful completion of a secondary program; or

Licensure requires evidence of the GED pathway, including a transcript or diploma showing successful passage of the GED exam administered by the GED Testing Service In addition, applicants must complete an educational program aligned with their licensed practice—cosmetology and hairstyling, beauty culture, barbering, skin care specialty, manicuring, or hair braiding—as appropriate for the license they seek and in accordance with the provisions that follow.

1) Applicants for licensure who have obtained training at a cosmetology and hairstyling school licensed in New Jersey shall submit an official transcript substantiating that the applicant meets the following requirements:

Licensure in New Jersey requires the following instructional hours: cosmetologist-hairstylist must complete 1,200 hours of cosmetology and hairstyling instruction, per N.J.A.C 13:28-6.29; beautician must complete 1,100 hours of beauty culture instruction, per N.J.A.C 13:28-6.29A; barber must complete 900 hours of barbering instruction, per N.J.A.C 13:28-6.29B; skin care specialist must complete 600 hours of skin care instruction, per N.J.A.C 13:28-6.34; manicurist must complete 300 hours of manicuring instruction, per N.J.A.C 13:28-6.33; and a hair braiding specialist who has at least three years of hair braiding experience must complete a 40-hour hair braiding course, per N.J.A.C 13:28-6.35.

(1) To demonstrate three years of experience, an applicant shall submit documents, such as, but not limited to, a Form W-2 from previously or currently held employment where the applicant performed hair braiding services, or a notarized attestation from previous or current employers under whom the applicant performed hair braiding services vii An applicant for licensure as a hair braiding specialist who cannot demonstrate at least three years of experience as a hair braider shall have completed a 50- hour course of instruction in hair braiding, consistent with the requirements of N.J.A.C 13:28-6.36 viii An individual employed to perform only hair braiding services, delineated at (a)6 above, as of October 30, 2019, shall have until January 18, 2022, to obtain licensure as a hair braider

2) Applicants for licensure who have obtained training in a cosmetology and hairstyling, beauty culture, barbering, skin care specialty, manicuring, or hair braiding program in a public school approved by the State Board of Education to offer such vocational programs, or in other cosmetology and hairstyling, beauty culture, barbering, skin care specialty,

Chapter 28 Page 10 of 70 Last Revision Date: 10/18/2021 manicuring, or hair braiding programs approved by the State Board of Education, shall submit an official transcript verifying completion of such program

Applicants trained in another state or country must provide certification from the licensing authority that the training is substantially equivalent to the training offered by New Jersey-licensed cosmetology and hairstyling schools; alternatively, applicants who have practiced cosmetology and hairstyling, beauty culture, barbering, skin care, manicuring, or hair braiding for at least three years in that state or country may submit a notarized affidavit of work experience and a letter of licensure in lieu of the training documentation For licensure as a teacher, proof of requisite work experience must include affidavits from former employers showing a minimum of 30 hours per week in a licensed shop for six consecutive months, with the shop location and the applicant’s job description listed All licensure applications must be accompanied by the applicable fee set forth in N.J.A.C 13:28-5.1, and application fees are non-refundable; if the licensure process is not completed within six months of initial application, the Board will administratively close the application, and the applicant must reapply and repay the application fee and meet all requirements The Board will send renewal notices to all licensees at least 60 days before expiration; if the renewal notice is not issued at least 60 days prior to expiration, no monetary penalties apply for unlicensed practice during the period following expiration, not to exceed the number of days short of 60 before the renewals were issued Licenses must be renewed for a two-year period from the last expiration date, with a renewal application and fee due before expiration; if submitted within 30 days after expiration, the renewal fee plus a late fee must be paid, and if the renewal is not submitted within 30 days, the license shall be suspended without a hearing.

A licensee who continues to render cosmetology and hairstyling, beauty culture, barbering, skin care specialty, manicuring, or hair braiding services while their license is suspended is deemed to be engaging in the unauthorized practice and is subject to penalties under N.J.S.A 45:1-25 When a suspended license is reinstated, the licensee must submit a renewal application, all past delinquent renewal fees, the reinstatement fee established by N.J.A.C 13:28-5.1, and an affidavit of employment listing every job held during the suspension, including the names, addresses, and telephone numbers of each employer; if the license has been suspended for more than five years, the individual must retake and pass the license examination set forth in N.J.A.C 13:28-1.2 A licensee may apply to the Board for inactive status; while on inactive status, they shall not render any cosmetology and hairstyling, beauty culture, barbering, skin care specialty, manicuring services, or hair braiding for the entire biennial registration period, but may resume active practice upon payment of the renewal fee for the current biennial registration period set forth at N.J.A.C 13:28-5.1.

13:28-1.1A CREDIT TOWARDS LICENSURE FOR EDUCATION, TRAINING, AND

An applicant who has served in the United States Armed Forces and does not meet all of the training, education, and experience requirements for licensure under N.J.A.C 13:28-1.1(e) or (f) may apply to the Board for recognition of the training, education, or experience gained while serving as a member of the Armed Forces, and the Board will consider this military experience together with any non-military training, education, and experience to determine substantial equivalence to the licensure requirements The Board shall issue a license to the applicant if the applicant presents evidence to the Board demonstrating substantial equivalence to the required training, education, and experience.

1) The applicant has been honorably discharged from active military service;

SHOP LICENSES

13:28-2.1 APPLICATIONS FOR INITIAL SHOP LICENSE; CHANGES TO EXISTING SHOPS a) The following shop licenses shall be available from the Board:

Chapter 28 Page 18 of 70 Last Revision Date: 10/18/2021

1 Cosmetology and hairstyling shop license, which shall authorize the holder to provide the services delineated at N.J.A.C 13:28-1.1(a)1;

2 Beauty culture shop license, which shall authorize the holder to provide the services delineated at N.J.A.C 13:28-1.1(a)2;

3 Barbering shop license, which shall authorize the holder to provide the services delineated at N.J.A.C 13:28-1.1(a)3;

4 Skin care specialty shop license, which shall authorize the holder to provide the services delineated at N.J.A.C 13:28-1.1(a)4;

5 Manicuring shop license, which shall authorize the holder to provide the services delineated at N.J.A.C 13:28-1.1(a)5; and

The hair braiding shop license authorizes the holder to provide the services delineated at N.J.A.C 13:28-1.1(a)6, ensuring licensed operators meet state standards for professional practice Applications for a shop license may be obtained from the Board office or online at http://www.njconsumeraffairs.gov/cos/Pages/default.aspx If the application is for a business other than an individual proprietorship, it must be accompanied by proof of the form of ownership of the shop; the documents listed below are deemed to constitute proof of ownership.

Applicants seeking an initial shop license must provide reliable proof of ownership, such as documents or affidavits The application must include a floor plan drawn to scale detailing the location and total floor space for workstations, waiting areas, dispensary, shampoo stations, and, if applicable, lavatories and laundry facilities, with a copy of the original floor plan maintained on the shop premises The application for an initial shop license shall also contain a complete description of all services to be provided and the proposed hours of operation for the shop.

Under New Jersey Administrative Code N.J.A.C 13:28-5.1, license procedures require notice in writing to the Board of any changes to the list of services and hours of operation, and an initial shop license application must include a statement of approval from the municipal planning, zoning, or construction official (or a municipal determination that such approval is not required) After the Board receives an acceptable application and the required fee, it will inspect the premises, and no shop may operate until the Board reviews the inspection report and issues a shop license If the license holder seeks to expand or physically alter the shop—or to do so as part of a transfer of ownership—the holder must apply to the Board for approval, submit the application fee, a detailed statement of the proposed changes, the original and new floor plans, and a statement of approval from the municipality (or a municipality statement that approval is not required) Hair braiding shops operating before January 2, 2019 have until February 27, 2020, to comply with N.J.A.C 13:28-2.5(a) and (b) and to submit a shop license application, or to request a waiver under N.J.A.C 13:28-2.5(c).

Prior to moving a shop to a new address, the holder of a shop license must apply to the Board for a new shop license and must comply with the application requirements set forth in N.J.A.C 13:28-2.1.

1) An acceptable application shall be received by the Board not less than three weeks prior to the intended opening date of the new shop

Cosmetology and hairstyling services—such as beauty culture, barbering, manicuring, skin care specialties, and hair braiding—may not be performed at the new shop until a valid shop license has been issued This licensing requirement ensures that all beauty and grooming work complies with local rules and is conducted only after proper authorization In short, no on-site cosmetology or related services may take place before the shop has secured its license.

Upon any transfer of ownership, the holder of the shop license shall notify the Board by letter of the transfer and provide the name and address of the new owner, and the shop license shall be surrendered to the Board as soon as the transfer of ownership is complete Before the transfer is completed, the intended new owner shall apply for a new shop license pursuant to N.J.A.C 13:28-2.1, except as provided at (b)1 below The practice of cosmetology and hairstyling, beauty culture, barbering, manicuring, skin care specialty, or hair braiding, as appropriate, shall not be performed on the premises of the shop until a new shop license has been issued.

Under New Jersey law, when ownership of a licensed shop transfers due to the death or disability of a principal shareholder or partner in the entity that holds the shop's license, the shop may continue to operate for up to six months under N.J.S.A 45:5B-36 while the application process to obtain a new license is completed.

Shop license renewal requires holders to submit a renewal application before their current license expires; the Board, at its discretion, may renew shop licenses within 90 days from the expiration date; however, the Board will not renew a shop license if the renewal application is submitted beyond the permitted deadline.

Within 90 days after the expiration date, the shop owner must apply for an initial shop license under N.J.A.C 13:28-2.1 Notwithstanding any renewal or restoration of an expired license by the Board, the Board may initiate penalties it deems appropriate against the operator for running a shop without a valid license.

Initial shop license requirements for cosmetology, hairstyling, beauty culture, barbering, and hair braiding mandate a minimum of 350 square feet of floor space for every licensed shop, plus 50 extra square feet for every work station beyond the first two.

1) Each shop shall contain at least one lavatory Lavatories shall include a toilet, hand washing facilities and a door

All shops must be equipped with at least one shampoo basin with hot and cold running water and a reclining chair; barbering shops specifically require at least one chair with an adjustable headrest suitable for shaving services; there must be a designated area for cleaning and disinfecting implements and tools; an ultrasonic unit for cleaning metal implements and tools; a clean, closed receptacle at each work station for storage of sanitized implements and tools; closed containers for clean and soiled linens; a closed waste container accessible from each work station; hair drying facilities and/or hair drying equipment; a dispensary or area where supplies are prepared and dispensed; and such other equipment as is necessary to provide those services offered by the shop in a safe and sanitary manner Cosmetology and hairstyling, beauty culture, barbering, and hair braiding shops shall display a permanent sign indicating the name of the shop, clearly visible to the general public from the exterior When applying for a new shop license for premises previously licensed by the former Board of Barber Examiners or the former Board of Beauty Culture Control, or that operated as hair braiding shops before January 2, 2019, the Board may waive one or more requirements for good cause shown, with the caveat that a waiver will not be granted if failure to meet minimum requirements would prevent the shop owner from providing authorized services in a safe and sanitary manner.

Cosmetology and hairstyling salons, beauty culture shops, barbering establishments, and hair braiding shops must display the specified notice about the services offered, as applicable, in a location that is clearly visible to all patrons.

This shop and the operators herein are licensed to engage in the practice of cosmetology and hairstyling, beauty culture, barbering, or hair braiding by the

State Board of Cosmetology and Hairstyling, an agency of the New Jersey

Division of Consumer Affairs Any member of the consuming public who has a complaint regarding the manner in which this practice is conducted may notify either the State Board of Cosmetology and Hairstyling or the New Jersey Division of Consumer Affairs.

Consumer Affairs, PO Box 45003, Newark, New Jersey 07101, www.njconsumeraffairs.gov/complaint/cosmocom.pdf

13:28-2.6 PHYSICAL REQUIREMENTS FOR MANICURING SHOPS APPLYING FOR INITIAL SHOP LICENSE a) In addition to meeting the requirements of N.J.A.C 13:28-2.5(a), (a)1, (b), and (c), all manicuring shops shall contain the following:

1) At least one sink in the work area with hot and cold running water;

2) A designated area for cleaning and disinfecting implements and tools;

3) One ultrasonic unit for cleaning metal implements and tools;

4) A clean, closed receptacle for storage of sanitized implements and tools at each work station;

5) A closed container for clean linens;

6) A closed container for soiled linens;

7) A closed waste container for each work station;

8) A dispensary or place where supplies are prepared and dispensed; and

Licensed manicuring shops must equip themselves with all equipment necessary to provide their services in a safe and sanitary manner, and every shop is required to prominently display the following notice in a location clearly visible to all patrons.

Licensed by the State Board of Cosmetology and Hairstyling, this shop and its operators are authorized to practice manicuring, pedicuring, and the temporary removal of hair under the oversight of the New Jersey Division of Consumer Affairs.

Consumer Affairs Any member of the consuming public having a complaint concerning the manner in which this practice is conducted may notify the State

Board of Cosmetology and Hairstyling or the New Jersey Division of Consumer

Affairs, PO Box 45003, Newark, New Jersey 07101, www.njconsumeraffairs.gov/complaint/cosmocom.pdf

13:28-2.6A PHYSICAL REQUIREMENTS FOR SKIN CARE SPECIALTY SHOPS

APPLYING FOR INITIAL SHOP LICENSE a) In addition to meeting the requirements of N.J.AC 13:28-2.5(a), (a)1, (b), and (c), all skin care specialty shops shall contain the following:

1) At least one sink in the work area with hot and cold running water;

2) A designated area for cleaning and disinfecting implements and tools;

3) One ultrasonic unit for cleaning metal implements and tools;

4) A clean, closed receptacle for storage of sanitized implements and tools at each work station;

5) A closed container for clean linens;

6) A closed container for soiled linens;

7) A closed waste container for each work station;

8) A dispensary or place where supplies are prepared and dispensed; and

SAFETY AND SANITATION

Premises for all licensed shops require proper lighting and ventilation, including lavatories; for shops licensed after May 18, 2009, and for remodels with a new configuration after that date, ventilation must comply with N.J.A.C 5:23 and artificial lighting must reach a minimum of 70 foot-candles; every licensed shop must have hot and cold potable water as specified by N.J.A.C 5:23; waste must be disposed of in clean, covered containers in a manner that does not pose a public health hazard; if laundry facilities exist in shops licensed after May 18, 2009 or in remodels with a new configuration, the laundry area must be separate from the shop work area and not in the lavatory, and laundry facilities must be properly ventilated and lint-free; all licensed shops and their furniture, fixtures, equipment, storage cabinets and drawers must be maintained in a sanitary manner and in good repair; floors must be thoroughly cleaned daily and maintained in good repair; linens and toweling used in a licensed shop must be laundered and sanitized using agents that reduce microbial contamination (such as bleach) before direct contact with a patron, or disposable toweling may be used.

Within a licensed shop, all tools, implements, and electrical appliances must be maintained in a sanitary and safe state Tools and utensils used directly on patrons must be thoroughly cleaned and sanitized after each use in accordance with N.J.A.C 13:28-3.2 Smoking is prohibited in all areas of licensed shops under New Jersey law.

Smoke-Free Air Act, N.J.S.A 26:3d-55, and the Smoke Free Air Rules, N.J.A.C 8:6

13:28-3.2 SANITIZING IMPLEMENTS AND TOOLS a) A licensee shall sanitize all implements and tools by:

1) Cleaning all implements and tools thoroughly with a mild alkaline detergent to remove any soil, blood or any other foreign material;

2) Rinsing all implements and tools with tap water after cleaning;

3) Processing all implements and tools with a chemical disinfectant registered by the

Disinfectants registered with the Environmental Protection Agency (EPA) that are tuberculocidal specify the required contact time on their product labels; to ensure proper sterilization of all implements and tools, process them in an autoclave that is registered with the U.S Food and Drug Administration (FDA).

4) Following a manufacturer's instructions when using chemical disinfectant; and

Disinfected implements and tools used in manicuring services must be allowed to air dry and stored in a clean, dedicated drawer All reusable manicuring implements and tools must be sanitized in accordance with the applicable sanitation standards and procedures.

1) An enzyme pre-soak shall be used prior to cleaning;

Place the implement directly into an ultrasonic cleaner for a 10-minute cycle, or as recommended by the manufacturer Change the water and cleaning solution in the ultrasonic unit whenever they become visibly soiled, or at a minimum on a daily basis Disinfect the chamber of the ultrasonic unit at the end of each day with 70% isopropyl alcohol.

Whenever the chamber of the ultrasonic unit is filled with water, it must be degassed to remove air bubbles caused by the turbulence of tank filling The degassing cycle should run for five to ten minutes, or as recommended by the manufacturer.

3) The implement shall be inspected for pitting and rust, and damaged implements and tools shall be removed from use;

Rinse and dry the implement, then place it directly into an EPA-registered, tuberculocidal disinfectant for the contact time stated on the product label, or into an FDA-registered autoclave.

5) The implement shall be rinsed, dried and stored in a clean drawer c) All shops offering pedicuring services shall ensure that pedicure tubs are cleaned consistent with the following:

Between clients, cleaning procedures should include brushing the interior surfaces of the tub with a mild detergent to remove surface debris and residual salts and oils, draining and rinsing the tub, drying it with disposable paper towels, and applying a chemical disinfectant registered for interior tub sanitation.

Disinfection should be performed with EPA-registered products that are labeled tuberculocidal and used for the contact time specified on the product label Alternatively, apply a bleach wipe containing 6% sodium hypochlorite and allow a two-and-a-half-minute contact time to achieve effective disinfection.

End-of-day cleaning procedures should include removing, cleaning, and disinfecting the screen, filter, and any removable parts within the basin; brushing the interior surfaces of the tub with a mild detergent; and preparing a solution of sodium hypochlorite 6% (bleach) in water at a concentration of 100 ppm (one teaspoon of bleach per gallon of water), then running the machine for a 30-minute contact time to ensure effective disinfection.

End-of-day disinfection requires soaking all brushes in a sodium hypochlorite 6% (bleach) solution diluted in water to 2,600 ppm (3/4 cup of bleach per one gallon of water) for a 30‑minute contact time In addition, a licensee must discard after each use all emery boards, orangewood sticks, and all implements and tools that cannot be sanitized.

All practitioners must wash their hands or use waterless hand washing agents before and after serving each patron, before and after eating, after handling chemicals, and after using the bathroom; they shall wear clean outer garments; no practitioner shall serve a patron if they have a communicable, contagious, or infectious disease that could reasonably be transmitted during cosmetology and hairstyling, beauty culture, barbering, manicuring, skin care, or hair braiding services, and no practitioner shall serve a patron whom they know or have reasonable grounds to believe has such a disease; all practitioners shall employ safe practice techniques and follow manufacturers' instructions when using chemical preparations in these services, and the holder of a shop license shall ensure that these requirements are met.

1) Manufacturers written recommendations for use are readily available to all practitioners;

2) A copy of the most current Safety Data Sheet (SDS) for each hazardous chemical is stored in a binder and available to all shop staff and to the Board or its authorized representative;

3) All containers shall be labeled so that shop staff can easily identify the contents; and

4) Disposal of liquid waste is performed in accordance with the instructions on the product label or the SDS

13:28-3.4 PROHIBITED PRODUCTS a) A licensee, licensed shop, or school of cosmetology and hairstyling shall not utilize any product that contains methyl methacrylate monomer b) A licensee, licensed shop, or school of cosmetology and hairstyling shall not utilize styptic pencils Licensees, licensed shops and schools of cosmetology and hairstyling may utilize styptic liquid or powder, or other single-use antiseptic product c) A licensee, licensed premises or school of cosmetology and hairstyling shall utilize cosmetics that comply with the Department of Health and Senior Services requirements set forth at N.J.S.A 24:1-1 and N.J.A.C 8:21-1.2 and 1.5 d) Any violations of the provisions of this section shall constitute a deviation from the normal standards of practice required of a licensee, licensed premise or school of cosmetology and hairstyling, and shall subject a licensee, licensed premise or school of cosmetology and hairstyling to the penalties of N.J.S.A 45:1-25

13:28-3.5 MANICURE AND PEDICURING SERVICES a) A licensee or a licensed shop offering manicuring and pedicuring services shall comply with the following requirements:

1) A licensee shall not cover a nail with nail polish, base coat, top coat or any nail overlay if the nail shows any sign of infection, physical damage or trauma;

2) A licensee shall remove the entire artificial nail if the nail has become loose;

3) All waste generated from applying acrylic nails shall be deposited directly into a covered waste container at each work station; and

4) Written after care instructions shall be provided to all clients receiving acrylic nails

Shop license holders must not permit animals or pets on the licensed premises The prohibition does not apply to trained guide dogs (or dogs in training) for the disabled, including the sightless or hearing impaired, in accordance with the requirements of the Law Against.

ENFORCEMENT

Premises where cosmetology and hairstyling, beauty culture, barbering, manicuring, skin care specialty, or hair braiding services are or have been provided are subject to inspection by the Board or its representative During an inspection, all documents, implements, tools, and products maintained under this chapter must be available for immediate inspection, photocopying, and photographing by the Board or its authorized representative The Board or its authorized representative may photograph any person rendering services present during the inspection At the time of any inspection conducted under this subchapter, the Board or its authorized representative may serve a Notice of Violation and Notice to Appear Before the Board upon the shop owner(s), the experienced practicing licensee(s) in charge of the shop, and any individual observed to be engaging in conduct in violation of pertinent statutes and rules.

13:28-4.2 COMPLIANCE WITH LAWS AND RULES

Cosmetology and hairstyling professionals, beauty culture practitioners, barbers, manicurers, skin care specialists, and hair braiders in New Jersey must comply with all laws and rules governing these services, including the Cosmetology and Hairstyling Act of 1984 (N.J.S.A 45:5B-1 et seq.), the Uniform Enforcement Act (N.J.S.A 45:1-7.1, 7.2, 7.3, and 14 et seq.), the Uniform Rules of the Division of Consumer Affairs (N.J.A.C 13:45C), and this chapter.

13:28-4.3 RESPONSIBILITY FOR COMPLIANCE WITH LAWS AND RULES

The holder of a shop license, together with the shop’s designated experienced practicing licensee, is responsible for complying with all laws and rules relating to the operation of the premises where cosmetology and hairstyling, beauty culture, barbering, manicuring, skin care specialty, or hair braiding services are rendered, and with all laws and rules relating to the practice of these services, including the Cosmetology and Hairstyling Act of 1984, N.J.S.A 45:5B-.

1 et seq.; the Uniform Enforcement Act, N.J.S.A 45:1-7.1, 7.2, 7.3, and 14 et seq.; the uniform rules of the Division of Consumer Affairs, N.J.A.C 13:45C; and this chapter

Under this subchapter, the holder of a shop license and the designated experienced practicing licensee must continuously verify that every practitioner rendering cosmetology and hairstyling, beauty culture, barbering, manicuring, skin care specialty, or hair braiding services in the shop holds a valid license or permit issued pursuant to this subchapter at all times, and they must review each practitioner's license or permit along with two additional forms of identification, at least one of which bears the practitioner's photograph; they are also required to record every verification of licensure or permit status, with the record including the relevant details of the verification.

1) The date of verification attempt;

2) The identification of each practitioner;

3) The license or permit number; and

Photocopies of identification are reviewed for verification, and the holder of a shop license along with the designated experienced practicing licensee must maintain the documentation required under (b) above so that it is immediately available for inspection on the licensed premises by the Board or its authorized representative upon request The shop license holder must retain the documentation pursuant to (b) above for at least two years from the date of each record, storing it in a safe and secure location on the premises to protect the confidentiality of a practitioner's personal information Violation of these provisions constitutes aiding, abetting, or permitting unlicensed practice under N.J.A.C 13:28-2.14 and N.J.S.A 45:5B-13(d).

13:28-4.5 Record of Practitioners: The holder of a shop license must at all times maintain a record of all practitioners rendering services within the shop, with each practitioner’s entry containing the information specified for that practitioner.

1) Full name and any aliases;

2) Current street address, including apartment number, if applicable;

Date on which the practitioner commenced services must be recorded The holder of a shop license and the designated experienced practicing licensee shall keep the documentation referenced in (a) readily available for inspection on the licensed premises by the Board or its authorized representative upon request The holder shall retain the documentation for at least two years from the date on which each practitioner terminates services, store it in a safe and secure location on the premises, and ensure the confidentiality of a practitioner's personal information.

13:28-4.6 GROUNDS FOR SUSPENSION OR REVOCATION OF LICENSE

The Board may suspend and/or revoke the license of any practitioner or shop for engaging in any of the conduct set forth in N.J.S.A 45:1-21.

FEES

13:28-5.1 FEE SCHEDULE a) The following fees will be charged by the Board:

4) Examination fee (includes application fee) 50.00

5) Initial license fee (individual) i) If paid during the first year of a renewal cycle 90.00

Chapter 28 Page 38 of 70 Last Revision Date: 10/18/2021 ii) If paid during the second year of a renewal cycle 45.00

6) Biennial license renewal (individual) $90.00 i Inactive renewal status (Fee to be determined by the Director)

7) Shop license application fee (includes shop inspection fee) 150.00

8) Initial license fee (shop) i) If paid during the first year of a renewal cycle 200.00 ii) If paid during the second year of a renewal cycle 100.00

10) School license application fee (includes school inspection fee) 250.00

11) Initial license fee (school) i) If paid during the first year of a renewal cycle 300.00 ii) If paid during the second year of a renewal cycle 150.00

(if not submitted with school application) 250.00

14) Initial license fee (annex classroom) i) If paid during the first year of a renewal cycle 300.00 ii) If paid during the second year of a renewal cycle 150.00

15) Biennial license renewal (annex classroom) 300.00

20) Change of name or corporate status 50.00

SCHOOLS OF COSMETOLOGY AND HAIRSTYLING

13:28-6.1 COMPLIANCE WITH LAWS AND RULES

Licensed schools must comply with all applicable laws and regulations governing cosmetology, hairstyling, beauty culture, barbering, manicuring, skin care specialties, and hair braiding, including the Cosmetology and Hairstyling Act of 1984 (N.J.S.A 45:5B-1 et seq.), the Uniform Enforcement Act (N.J.S.A 45:1-7.1, 7.2, 7.3, and 14 et seq.), and the Uniform Regulations of the Division of Consumer Affairs (N.J.A.C 13.45C), as well as this chapter Any school violating provisions of this chapter may be subject to disciplinary action by the Board A notice of proposed suspension or revocation of a license shall inform the licensee of the right to be heard pursuant to the Administrative Procedure Act (N.J.S.A 52:14B-1 et seq., and 52:14F-1 et seq.) and the Uniform Administrative Procedure Rules (N.J.A.C 1:1).

Under the application procedure for school licenses, when the Board receives a request for information regarding a school's initial licensure, it will forward to the requester an application package that includes the application form, bond forms, a school bulletin, and an evaluation criteria worksheet, together with a copy of the school rules and regulations Upon receipt of a completed application, the School Committee shall review the application.

To submit a complete application, include a school bond, a current school bulletin, a certificate of incorporation or partnership agreement where applicable, personnel data forms, a floor plan, an employment contract of at least one year with the supervising teacher, an hour-by-hour breakdown of the course, a sample enrollment agreement, a sample certificate of completion, sample advertisements, certified-audited financial data, and the licensing fee required by N.J.A.C 13:28-5.1.

After the School Committee grants initial approval, the prospective owner(s) and the supervising teacher must appear before the full Board for an interview; following the interview, the Board will either approve or disapprove the application.

Approval will be granted only after a satisfactory school inspection is completed and all minimum square footage and equipment requirements are met as specified in N.J.A.C 13:28-6.7(a) and 13:28-6.20(b); upon approval of the initial application for school licensure and satisfactory completion of the school inspection, an initial cosmetology and hairstyling school license will be issued for the current registration period.

Students shall not be registered at a school until such time as that school has been licensed

Cosmetology and hairstyling schools must display their name and address exactly as it appears on the license in all advertisements It is prohibited to make false or misleading statements or to use the Board’s name to influence enrollment beyond simply stating that the school is licensed and governed by Board rules A sign at the main entrance must clearly indicate that the establishment is a school of cosmetology and hairstyling Private schools should choose their name carefully to avoid confusion or misrepresentation.

1) No new or modified school name shall infringe on the name of another existing school

2) No school, proposed or previously licensed, shall adopt any title or name commonly accepted as descriptive of collegiate or university institutions

Under this policy, no new or revised school name may include any term that references a political subdivision, geographic area, or the school's location Specifically, words or phrases tied to the State of New Jersey, the respective county, or a municipality closely associated with the school are not permitted.

Schools of cosmetology and hairstyling are prohibited from operating shops in conjunction with, or as a part of, the school administration

13:28-6.6 SEPARATE ENTRANCE FOR SHOP LOCATED ON SCHOOL PREMISES

When an individual or entity—whether a person, organization, corporation, association, or partnership—holds interests in both a licensed school and a licensed shop operating on the same premises, the licensed school and the licensed shop must have separate and distinct entrances.

Each school must have at least 2,750 square feet of floor space, including a minimum of 500 square feet allocated to offices, a reception area, and locker space that are separate from the lavatories, and at least 2,250 square feet dedicated to working space.

1) The total number of students in the first 2,250 square feet of working space is limited to

Per-student floor space requirements require 20 square feet for each student in cosmetology and hairstyling, beauty culture, barbering, manicuring, or hair braiding programs, and 25 square feet for skin care specialty students The Board may inspect schools at any time to determine the maximum allowable student attendance, applying the space formula described above to calculate this capacity No school may admit or retain any student beyond its approved maximum.

13:28-6.8 STUDENT REGISTRATION CARDS a) A request shall be submitted by the school to the Board for a student registration card

Applications must be submitted on the official forms provided by the Board and must include a declaration of the student’s assigned class schedule as approved by the school director Any changes to the student’s assigned class schedule must be reported to the Board in writing.

After completing the form referenced in (a)(1) above, submit it to the Board along with a photograph for each student measuring 1 1/2 inches by 1 3/4 inches and proof of the student's legal name, date of birth, and the required fee.

For students enrolling in a 40-hour hair braiding program, the school must include with the registration card request documentation proving that the student has three years of hair braiding experience The student registration card is valid from the date of issue until the student completes the course in which they are enrolled, as long as the student is not absent from school for more than three months.

When a student’s absences exceed three months, they will be dropped from the school's time sheets and must obtain a new student registration card, pursuant to N.J.A.C 13:28-6.2l(n), in order to resume training The school shall submit applications for student registration cards at least two weeks prior to the authorized monthly starting date.

When a registration card is not received before the monthly starting date, a school may permit a student to attend classes if an application for a student registration card has been filed with the Board office on or before the authorized monthly start date, and attendance under this provision is limited to 30 days; if the registration card is not issued within that period, the student’s training shall be discontinued until the card is issued.

Tiêu đề	Board of Cosmetology and Hairstyling Law and Public Safety
Trường học	Not specified
Chuyên ngành	Cosmetology and Hairstyling Law
Thể loại	law document
Năm xuất bản	2021
Thành phố	New Jersey

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