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«1 of 1 DOCUMENT NEW JERSEY REGISTER Copyright © 2008 by the New Jersey Office of Administrative Law VOLUME 40, ISSUE 23 ISSUE DATE: DECEMBER 1, 2008 ...»

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1 of 1 DOCUMENT

NEW JERSEY REGISTER

Copyright © 2008 by the New Jersey Office of Administrative Law

VOLUME 40, ISSUE 23

ISSUE DATE: DECEMBER 1, 2008

RULE PROPOSALS

LAW AND PUBLIC SAFETY

DIVISION OF CONSUMER AFFAIRS

NEW JERSEY STATE BOARD OF COSMETOLOGY AND HAIRSTYLING

40 N.J.R. 6739(a) Proposed Readoption with Amendments: N.J.A.C. 13:28 Proposed New Rules: N.J.A.C. 13:28-2.7A, 3.5, 3.6 and 4.6 Proposed Repeals and New Rules: N.J.A.C. 13:28-2.15 and 6.14 Click here to view Interested Persons Statement Board of Cosmetology and Hairstyling Rules Authorized By: New Jersey State Board of Cosmetology and Hairstyling, Jay Malanga, 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 the calendar requirement.

Proposal Number: PRN 2008-394.

Submit comments by January 30, 2009 to:

Jay Malanga, Executive Director New Jersey State Board of Cosmetology & Hairstyling 124 Halsey Street P.O. 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, repeals and new rules. The rules in Chapter 28 are scheduled to expire on October 27, 2008, pursuant to Executive Order No. 66 (1978) and N.J.S.A. 52:14B-5.1. Because this notice of readoption has been filed prior to Page 2 40 N.J.R. 6739(a) October 27, 2008, the expiration date of the rules in Chapter 28 is extended by 180 days, to April 25, 2009, pursuant to N.J.S.A. 52:14B-5.1c.

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, where appropriate. 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. The Board is also proposing several new rules that it believes are necessary to ensure the health, safety and welfare of New Jersey consumers.

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, repeals and new rules that the Board is proposing.

The rules in Subchapter 1 set forth requirements for obtaining a license to practice cosmetology and hairstyling.

N.J.A.C. 13:28-1.1 delineates the information and materials that must be submitted to the Board as part of a license application. The Board has determined that proof of training should be documented by a transcript and, therefore, is proposing to amend subsection (d) of the rule to provide that all applications must be accompanied by a certified transcript from a cosmetology and hairstyling school. The Board has determined that amendments to subsection (e) of the rule are necessary to provide guidance to applicants for licensure as cosmetology and hairstyling teachers with respect to what will constitute sufficient work experience. The Board is proposing to amend subsection (e) to provide that applicants must have obtained, and submit proof of, a minimum of 40 hours a week working in a licensed shop over six consecutive months. The application must list the location of the shop and the applicant's job description. Subsection (f) of the rule currently requires applicants to submit an application fee. The Board is proposing to amend subsection (f) to clarify that application fees are non-refundable. Proposed amendments to subsection (f) also provide that if an applicant fails to complete the licensure application process within six [page=6740] months from the date of initial application, the Board will close the application. Applicants wishing to reapply after an application has been closed will be required pay another application fee. The Board is also proposing to amend N.J.A.C. 13:28-1.1(g), which requires the Board to send a notice of renewal to all licensees at least 60 days prior to the date of license expiration, to clarify when a licensee may be fined for continuing to practice if the Board fails to send out the renewal applications in a timely manner.

N.J.A.C. 13:28-1.2 requires applicants for licensure to take and pass the licensure examination administered by the Board. The Board is proposing to amend the reference in N.J.A.C. 13:28-1.2(a) to the "written" portion of the examination to refer to this part of the examination as the "theory" portion because the Board will now be providing applicants with the option of taking this part of the examination electronically pursuant to N.J.A.C. 13:28-1.2(a)1.

Proposed new N.J.A.C. 13:28-1.2(a)1 provides that applicants may take a computer-based test in lieu of the written theory portion of the examination. The fee for the computer-based test will be determined by a third-party vendor that will administer the examination.

The Board is proposing to further amend N.J.A.C. 13:28-1.2(a) to clarify that applicants for the examination are required to pay the examination fee set forth in the Board's fee schedule. Proposed amendments to N.J.A.C.





13:28-1.2(b) provide that applicants must achieve a minimum score of 75 percent on the theory portion of the examination in order to be eligible to take the practical examination. The proposed amendments also clarify that no applicant will be permitted to take the practical examination unless he or she has successfully completed the theory portion of the examination. Existing subsection (c) is proposed to be deleted in light of the examination requirements set forth in proposed new subsection (d), discussed below. Existing subsection (d) is proposed to be recodified as subsection (c), with amendments to clarify that an applicant who fails the theory portion of the examination or who fails to appear for the examination may retake the examination only upon submission of another examination fee. Proposed new N.J.A.C. 13:28-1.2(d) provides that payment of the initial examination fee will entitle an applicant to take and/or be scheduled to take the practical portion of the examination no more than two times. An applicant who fails the practical portion of the examination and/or who fails to appear for the practical portion of the examination twice may be rescheduled for examination upon written notice to the Board and submission of another examination fee.

Page 3 40 N.J.R. 6739(a) The Board is proposing a new subsection (e), which provides that if an applicant has not passed both the theory and practical portions of the examination within three years from the date he or she first took the examination, the applicant must take a refresher training course prior to being reexamined. The Board is also proposing a new subsection (f), which requires an applicant to take the licensing examination within five years of completing his or her training. If an applicant does not take the examination, or fails to appear for the examination, for more than three years following the completion of his or her training, the applicant will be required to take a refresher training course prior to being examined. An applicant, however, will not be permitted to take the examination if he or she applies to take the examination more than five years following the date he or she completed training. Applicants in this category will be required to retake and complete their training program in full prior to being admitted to the examination. The Board believes that proposed new N.J.A.C. 13:28-1.2(e) and (f) will help to ensure the competency and practical skills of applicants applying for licensure, thereby helping to ensure that only qualified applicants become licensed to provide cosmetology and hairstyling services in the State.

N.J.A.C. 13:28-1.3, which sets forth requirements for the issuance of temporary practice permits, and N.J.A.C.

13:28-1.4, which sets forth requirements for cosmetology and hairstyling licensure for persons who hold barber and/or beauty culture licenses issued by the Board, are proposed to be readopted without change. The Board is proposing to amend N.J.A.C. 13:28-1.5, concerning the replacement of lost licenses, to require that one of the two forms of identification to be presented to obtain a new license must be a United Stated government-issued or State government-issued photo identification. The Board believes that the proposed amendment is necessary to deter fraudulent conduct by helping to ensure the identity of persons applying for replacement licenses.

N.J.A.C. 13:28-1.6, which sets forth notification requirements for a change of address, is proposed to be readopted without change. N.J.A.C. 13:28-1.7 sets forth qualifications for cosmetology and hairstyling teachers. The Board is proposing to amend the rule to provide that in order to be qualified to teach, an applicant must have been employed for 40 hours a week for six consecutive months in a licensed shop, consistent with the proposed amendments to N.J.A.C.

13:28-1.1(e) discussed above.

The rules in Subchapter 2 establish requirements for the licensure and operation of shops providing cosmetology and hairstyling services. The Board is proposing to amend the heading of N.J.A.C. 13:28-2.1, to clarify that the rule applies to applications for initial shop licenses and for changes to existing shops. The Board is also proposing to amend subsection (c) of the rule which currently requires applicants to submit a shop floor plan. The proposed amendments will require applicants for an initial shop license to submit a floor plan that is drawn to scale and accurately details the location and the total floor space for work stations, waiting areas, dispensary, shampoo stations, lavatories and, if applicable, laundry facilities. The new floor plan requirements will help the Board conduct a thorough inspection of the premises prior to licensure. A copy of the original floor plan must be maintained on the shop premises.

The Board is proposing a new subsection (d) that will require an application for an initial shop license to contain a complete description of services that will be provided at the shop. The Board believes that the requested information is necessary to help ensure that shops will be offering only those services for which a shop license is being sought.

Applications must also include the shop's hours of operation, in order to facilitate Board inspection of the premises. The shop license holder must notify the Board in writing of any changes to the list of services and hours of operation.

Proposed new subsection (e) requires applicants for an initial shop license to submit a statement of approval from the planning, zoning or construction official in the municipality where the shop is located. If municipal approval is not required, the applicant must submit a statement from the municipality to that effect. Existing subsection (d) is proposed to be recodified as new subsection (f), without change. The Board is also proposing a new subsection (g) that will require a shop license holder who seeks to expand or make physical alterations to the shop, or who seeks to expand or make physical alterations to a shop as part of a transfer of ownership pursuant to N.J.A.C. 13:28-2.3, to apply to the Board for approval of the expansion or physical alterations. The applicant must submit an application fee, a detailed statement concerning the proposed changes, the original and new floor plan for the shop and a statement of approval from the planning, zoning or construction official in the municipality where the shop is located, if applicable. The Board believes that the proposed amendments to N.J.A.C. 13:28-2.1 are reasonable and necessary to help ensure that the Board Page 4 40 N.J.R. 6739(a) obtains the information it needs to make informed decisions concerning the licensure of shops throughout the State.

N.J.A.C. 13:28-2.2, concerning the removal of a shop to a different address, is proposed to be amended to require applicants to comply with all requirements for an initial shop license set forth in N.J.A.C. 13:28-2.1. The Board is proposing to readopt N.J.A.C. 13:28-2.3, concerning the transfer of ownership of a shop license, and N.J.A.C.

13:28-2.4, which sets forth renewal requirements for shop licenses, without change.

The Board is proposing several amendments to 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. The Board is proposing to require all shops to have a designated area for cleansing and disinfecting implements. In addition, all shops must have one ultrasonic unit for cleaning metal implements and a clean, closed receptacle at each work station that allows implements to be completely immersed in an enzyme solution prior to cleaning and disinfecting. The Board is proposing to delete the current requirements that all shops have dry and wet sterilizers at each work station. The Board believes that the use of the equipment and procedures being proposed at this time obviates the need for such sterilizers. The Board also believes that use of the new equipment and procedures is necessary to ensure that implements and tools used in licensed shops will be thoroughly and appropriately cleaned and [page=6741] disinfected, leading to the provision of services in a safer and more sanitary manner.

The Board is also proposing to amend N.J.A.C. 13:28-2.5, 2.6 and 2.6A to require all work stations to be equipped with a clean, closed receptacle for storage of sanitized implements and a closed waste container. The Board is also proposing several technical amendments to N.J.A.C. 13:28-2.5, 2.6 and 2.6A. Specifically, the Board is proposing to amend subsections (c) of N.J.A.C. 13:28-2.6 and 2.6A, which require manicuring and skin care specialty shops, respectively, to post notices advising consumers of the types of services that may lawfully be provided by the shops.

The Board is proposing that the notices for both manicuring and skin care specialty shops be amended to advise consumers that the temporary removal of hair may be performed in such shops, consistent with the provisions of the Cosmetology and Hairstyling Act at N.J.S.A. 45:5B-3.



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