S1197

An Act concerning cosmetology and hairstyling and amending and supplementing P.L.1984, c.205.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 6 of P.L.1984, c.205 (C.45:5B-6) is amended to read as follows:

6. The board shall:

a. Review the qualifications of applicants for licensure;

b. Devise examinations for licensure which include practical and written portions;

c. Administer and grade examinations or employ competent examiners to administer and grade examinations but in no case shall the board permit a person having any affiliation with a licensed school to examine or grade an applicant who has been a registered student at the school with which the examiner has an affiliation;

d. Issue and renew licenses of any cosmetologist-hairstylist, beautician, barber, manicurist, skin care specialist, teacher, shop, or school;

e. Issue student permits to senior students, which permits shall remain valid during the period that the student is registered at a licensed school or enrolled in an approved vocational training program;

f. Issue temporary permits to applicants for licensure who are awaiting scheduling for or results from an examination;

g. Issue registration cards to registered students;

h. Suspend, revoke or refuse to renew a license and exercise investigative powers pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.);

i. Appoint and employ an executive director and an assistant executive director subject to the approval of the Attorney General, and other employees as necessary to carry out the provisions of this act;

j. Determine the duties that the executive director and the assistant executive director shall perform;

k. File with the Attorney General a petition to remove any executive director or assistant executive director for cause, which petition shall be acted upon by the Attorney General in a manner which he deems appropriate;

l. Establish fees for initial licensure, permits, renewals and restoration of licenses as well as for duplication of lost licenses pursuant to section 2 of P.L.1974, c.46 (C.45:1-3.2);

m. Maintain records of all practicing licensees and all licensed teachers. Records shall include the latest work address of each licensee, as provided on applications for licensure and renewals thereof;

n. Maintain a record of all registered students and all persons holding student permits;

o. Maintain a record of all shops licensed by the board to offer one or more of the services encompassed within the definition of cosmetology and hairstyling;

p. Maintain a record of all schools licensed by the board to offer courses of instruction or training in the practice and theory of cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding and skin care specialty to registered students, which courses shall be approved by the board for the awarding of credit for licensure;

q. Make available for public inspection all records required to be kept pursuant to this section;

r. Promulgate regulations governing the practice and teaching of cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding and skin care specialty as are necessary to implement this act and to insure that cosmetology and hairstyling services and instruction in those services are being offered both in a manner which is sanitary and safe and in a manner which is not intended to deceive or mislead the general public;

s. Promulgate regulations governing the conduct of shops and schools as are necessary to implement this act, including, but not limited to, regulations that ensure that all schools offer instruction on cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding and skin care specialty by instructors who are knowledgeable in the practice and teaching of cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding and skin care specialty, as the case may be, and to assure that cosmetology and hairstyling services and instruction in those services are being offered both in a manner that is sanitary and safe, and in a manner not intended to deceive or mislead the general public, students of the schools, or organizations awarding financial aid to the students and to clarify or define any term used in the act and to define any activity included in hairstyling and cosmetology, beauty culture, barbering, manicuring, hair braiding and skin care specialty;

t. Review curricula offered by licensed schools in courses of instruction offered to registered students and approve those curricula which offer comprehensive training in cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding and skin care specialty;

u. Direct the conduct of inspections or investigations of all licensed shops and schools;

v. Direct the conduct of inspections or investigations of any premises from which the board may have reason to believe that cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding and skin care specialty services are being offered, or that courses of instruction are being offered to registered students; [and]

w. Establish criteria and standards for education and experience required for licensure, which shall include one hour of domestic violence sensitivity and response training, to be completed prior to the student’s completion of a course of instruction at a school of cosmetology and hairstyling licensed in this State, or at a public school approved by the State Board of Education to offer a vocational program in cosmetology and hairstyling, or at a cosmetology and hairstyling program approved by the State Board of Education. The training shall include, but not be limited to, information concerning recognizing the signs of abuse and assault and the resources available to victims of domestic violence. The board shall prescribe regulations regarding the additional requirements for, and the approval of providers of, domestic violence sensitivity and response training;

x. In conjunction with a provider of domestic violence sensitivity and response training, develop, regularly update, and make available on the Division of Consumer Affairs website, in English, Spanish, Korean, and the three languages next most commonly spoken in the State, a presentation on domestic violence prevention and intervention appropriate for those licensed by the board and notify applicants for renewal of licensure of how to access that presentation; and

y. Provide information to licensees on where to obtain materials to educate consumers on domestic violence prevention and intervention.

(cf: P.L.2018, c.126, s.3)

2. (New section) A practicing licensee, or the practicing licensee’s employer, shall not be civilly or criminally liable for acting in good faith or failing to act on information obtained during the course of employment concerning potential domestic violence or sexual assault.

3. This act shall take effect immediately.

STATEMENT

This bill requires any person who holds a license to practice cosmetology and hairstyling, barbering, beauty culture, manicuring, hair braiding, or skin care specialty to complete one hour of domestic violence sensitivity and response training prior to the completion of a course of instruction, vocational program, or other approved program in cosmetology and hairstyling. The bill requires the New Jersey State Board of Cosmetology and Hairstyling to establish criteria and standards for domestic violence sensitivity and response training for practicing licensees. The training is required to include, but shall not be limited to, information concerning recognizing the signs of abuse and assault and the resources available to victims of domestic violence. The bill requires the board to issue regulations regarding the additional requirements for, and the approval of providers of, domestic violence sensitivity and response training.

In addition, the bill requires the board, in conjunction with a provider of domestic violence sensitivity and response training, to develop, regularly update, and make available on the Division of Consumer Affairs website in English, Spanish, Korean, and the three languages next most commonly spoken in the State, a presentation on domestic violence prevention and intervention appropriate for those licensed by the board and to notify applicants for renewal of licensure of how to access the presentation. The bill also requires the board to provide information to licensees on where to obtain materials to educate consumers domestic violence.

Pursuant to the provisions of the bill, a practicing licensee or the practicing licensee’s employer will not be civilly or criminally liable for acting in good faith or failing to act on information obtained during the course of employment concerning potential domestic violence or sexual assault.