TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 313-A
BARBERING, COSMETOLOGY, AND ESTHETICS

Section 313-A:1

    313-A:1 Definitions. –
As used in this chapter:
I. "Barber" means any person practicing barbering.
II. "Barbering" means:
(a) Shaving or trimming the beard or cutting the hair;
(b) Giving facial or scalp massages or treatment with oils, creams, lotions, or other preparations, either by hand or mechanical appliances; or
(c) Shampooing, arranging, dressing, or styling the hair.
II-a. "Master barber" means any person licensed by the board as a master barber to practice the following:
(a) Shaving or trimming the beard or cutting the hair;
(b) Giving facial or scalp massages or treatment with oils, creams, lotions, or other preparations, either by hand or mechanical appliances;
(c) Shampooing, arranging, dressing, or dyeing the hair or applying hair tonics;
(d) Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to scalp, face, or neck, or removing superfluous hair from the face and neck of any person; or
(e) Styling, waving, curling, straightening, or bleaching the hair by mechanical or chemical means.
III. "Barbershop" means any establishment or place of business wherein the practice of barbering is engaged in or carried on.
IV. "Board" means the board of barbering, cosmetology, and esthetics.
V. "Cosmetologist" means any person practicing cosmetology.
VI. "Cosmetology" means arranging, dressing, curling, waving, cleansing, cutting, bleaching, coloring, or similarly treating the hair of any person, and performing other work customarily performed by a cosmetologist such as giving facials, manicures, pedicures, and artificial nail enhancements, applying makeup or eyelashes to any person, and removing superfluous hair.
VII. "Esthetician" means any person practicing esthetics.
VIII. 'Esthetics" means:
(a) Giving facials, applying makeup, giving therapeutic skin care treatments, removing superfluous hair, or applying eyelashes to any person;
(b) Beautifying the face, neck, arms, and shoulders, by use of cosmetic preparations, antiseptics, tonics, lotions, or creams;
(c) Massaging, cleansing, or stimulating the face, neck, arms, and shoulders, by means of the hands, devices, apparatus, or appliances, with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams; or
(d) Providing pedicure and manicure services, including therapeutic skin and nail care treatments for the feet and hands, beautifying the feet and hands, and massaging, cleansing, or stimulating the feet and hands by means of the hands, devices, apparatus, or appliances, with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams, trimming or filing the nails, and polishing the nails.
VIII-a. "Fitzpatrick scale" means the following scale for classifying the 6 skin types, based on the skin's reaction to the first 10 to 45 minutes of sun exposure after the winter season:
Skin Type Sunburning and Tanning History
1 Always burns easily; never tans
2 Always burns easily; tans minimally
3 Burns moderately; tans gradually
4 Burns minimally; always tans well
5 Rarely burns; tans profusely
6 Never burns; deeply pigmented.
IX. "Manicurist" or "pedicurist" means any person practicing manicuring or pedicuring.
X. "Manicuring" or "pedicuring" means cutting, trimming, polishing, applying artificial enhancements such as tips or acrylic to the natural nails, or coloring or cleansing the nails of any person.
XI. "Mobile barbershop" means a vehicle or structure, readily mobile, designed, constructed or adapted to serve as a barbershop at multiple sites.
XI-a. "Operator" means a person age 18 or older who has received training through a program approved by the board in the safe operation of tanning devices, operates the tanning device, controls the length of the exposure to UV light, and instructs the consumer in the proper use of the device. A person age 16 or older who, prior to January 1, 2005, has been certified by a program that was subsequently approved by the board shall be an operator under this paragraph.
XI-b. "Phototherapy device" means equipment that emits UV radiation and is used by licensed health care professionals in the treatment of disease.
XII. "Salon" means a beauty salon or other place kept open for the business of cosmetology, manicuring, or esthetics.
XIII. "School" means a school or other institution, or a dedicated program within such school or institution, conducted for the purpose of teaching cosmetology, manicuring, barbering, or esthetics.
XIV. "Tanning device" includes any equipment, including a sunlamp, tanning booth, and tanning bed, that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers and is used for the tanning of human skin. The term also includes any accompanying equipment, including protective eyewear, timers, and handrails.
XV. "Tanning facility" means any location, place, area, structure or business which provides access to a tanning device for a fee, membership dues or any other compensation.
XVI. "Ultraviolet (UV) radiation" means electromagnetic radiation with wavelengths between 200 nanometers and 400 nanometers.

Source. 2000, 118:1. 2002, 230:1. 2004, 177:1-3. 2005, 262:6. 2007, 47:1, eff. July 20, 2007. 2016, 297:1-4, eff. Aug. 20, 2016. 2021, 205:2, Pt. VIII, Sec. 1, eff. Oct. 9, 2021.

Section 313-A:2

    313-A:2 Board. –
I. There shall be a board of barbering, cosmetology, and esthetics consisting of 7 members as follows: one licensed barber, one licensed cosmetologist, one licensed esthetician, one licensed manicurist, one owner of a licensed barbering, cosmetology, esthetics, or manicuring school who shall be a resident of New Hampshire or a designee of such owner who shall be a licensee and a resident of New Hampshire, one owner of a registered tanning facility and one public member; each to be appointed by the governor with the consent of the council to a term of 5 years. No board member shall be appointed to more than 2 consecutive terms. Appointees to the unexpired portion of a full term shall become members of the board on the day following such appointment. Time served in filling an unexpired term shall not affect an appointee's eligibility to serve 2 consecutive full terms. Only board members provided for in this paragraph shall have the authority to vote in board determinations.
II. The barber, cosmetologist, esthetician, and manicurist members shall be the professional members of the board. Professional members of the board shall have been engaged in the practice of their profession within the state for not less than 5 years. In addition, no professional member shall be the owner or operator of any school or be directly or indirectly associated in the manufacture or wholesale distribution of cosmetic or barber appliances or supplies.
III. Each public member shall be a person who is not, and never was, a member of the barbering, cosmetology, or esthetics profession or the spouse of any such person, and who does not have and never has had, a material financial interest in either the provision of barbering, cosmetology, or esthetician services, or an activity directly related to such professions, including the representation of the board of any such professions for a fee at any time during the 5 years preceding appointment.
IV. Members shall annually elect, from among themselves, a chairperson, vice-chairperson, and secretary.
V. The board shall hold at least 6 regular meetings each year. Special meetings may be called at such times as the rules of the board may provide. A quorum of the board shall consist of a majority of the members of the board who have been approved by the governor and council. All meetings of the board shall be open to the public, except when the board conducts a nonpublic session under RSA 91-A.
VI. [Repealed.]

Source. 2000, 118:1. 2004, 177:4. 2009, 196:1, eff. July 1, 2009. 2015, 276:108, XI, eff. July 1, 2015. 2016, 297:5, eff. Aug. 20, 2016. 2021, 197:31, eff. July 1, 2021.

Section 313-A:3

    313-A:3 Removal of Members; Vacancies. – The governor and council may remove any member of the board for misconduct, incompetence, neglect of duty, or for any other just cause. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the governor and council as provided in RSA 313-A:2.

Source. 2000, 118:1, eff. Jan. 1, 2001.

Section 313-A:4

    313-A:4 Maintenance of Records. – The board shall maintain a record containing the names and addresses of all licensees and of all salons, barbershops and schools licensed pursuant to this chapter in accordance with the retention policy established by the office of professional licensure and certification. The board shall issue all notices, license and registration certificates. The record shall include the date of issuance, renewal, suspension or revocation of all licenses. This record shall be open to public inspection at all reasonable times.

Source. 2000, 118:1, eff. Jan. 1, 2001. 2021, 197:32, eff. July 1, 2021.

Section 313-A:5

    313-A:5 Receipts and Their Disposition. – All moneys received under this chapter shall be accounted for by the office of professional licensure and certification, and shall be deposited the same with the state treasurer.

Source. 2000, 118:1, eff. Jan. 1, 2001. 2015, 276:74, eff. July 1, 2015.

Section 313-A:6

    313-A:6 Repealed by 2021, 197:35, I, eff. July 1, 2021. –

Section 313-A:7

    313-A:7 Duties. –
I. The board shall:
(a) Prescribe the duties of its officers;
(b) Establish an office, within the office of professional licensure and certification at which all records and files of the board shall be kept in accordance with the retention policy established by the office of professional licensure and certification;
(c) Maintain a telephone line or an electronic mail address for the purpose of accepting consumer complaints;
(d) Keep a record of its proceedings in accordance with the retention policy established by the office of professional licensure and certification;
(e) Report to proper prosecuting officers all violations of this chapter coming within its knowledge;
(f) [Repealed.]
(g) [Repealed.]
II. The board may license a school to operate either:
(a) Dedicated programs within secondary schools, the purpose of which is to teach cosmetology, manicuring, barbering, or esthetics; or
(b) Postsecondary programs conducted for the purpose of teaching cosmetology, manicuring, barbering, or esthetics, including postsecondary programs leading to a certificate in manicuring, barbering, cosmetology, or esthetics.

Source. 2000, 118:1. 2004, 177:5. 2014, 132:5, eff. June 16, 2014. 2015, 276:75, eff. July 1, 2015. 2021, 197:33, 35, II, eff. July 1, 2021; 205:2, Pt. VIII, Sec. 2, eff. Oct. 9, 2021.

Section 313-A:8

    313-A:8 Rulemaking Authority. –
The board shall adopt rules, pursuant to RSA 541-A, relative to:
I. The application procedure for a license to practice under this chapter;
II. The qualifications of applicants, including the qualifications for satisfactory evidence of:
(a) A high school education or its equivalent; and
(b) Good professional character;
III. How an applicant shall be examined, including the time and place of the examination;
IV. How a license to practice under this chapter shall be renewed, including the requirements for continuing education;
V. The establishment of all fees required under this chapter;
VI. Ethical and professional standards required to be met by each holder of a license to practice under this chapter and how disciplinary actions by the board shall be implemented for violations of these standards or for any violation of this chapter;
VII. [Repealed]
VIII. Procedures for the conduct of hearings consistent with the requirements of due process;
IX. Conditions for practice under temporary licenses issued by the board;
X. Conditions and standards for operation under a shop license, including health and safety standards;
X-a. The regulation of tanning facilities including:
(a) Sanitation and hygiene standards to be met and maintained by tanning facilities.
(b) Standards for approving the training curricula and programs used for training tanning device operators.
(c) Registering tanning facilities.
(d) Standards for the inspection of tanning devices.
(e) Standards for the consumer consent form required under RSA 313-A:30, IV.
XI. Licensing and approval of schools and their curriculum;
XII. Licensing and approval of instructors;
XIII. Licensing of mobile barbershops;
XIV. The occasional performance of services at locations other than the principal place of business by persons licensed under this chapter;
XV. The review criteria for board consideration of an applicant's "good professional character";
XVI. The process of requesting and granting exemptions under RSA 313-A:10, II; 313-A:11, II; and 313-A:12, II; and
XVII. A schedule of administrative fines for violations of this chapter under RSA 313-A:22, III(e) and (f) and procedures for the payment of such fines.

Source. 2000, 118:1. 2004, 177:6-8, 14, eff. Jan. 1, 2005.

Section 313-A:9

    313-A:9 Licensure Required. –
I. It shall be a class A misdemeanor for any natural person, and a felony for any other person, to engage for remuneration in any practice regulated by this chapter without the appropriate license.
II. It shall be a misdemeanor for any person to:
(a) Operate a barbershop, salon, or school unless such establishment is at all times under the direct supervision and management of a professional licensed under this chapter.
(b) Hire, employ, or otherwise allow any person to engage in a practice regulated by this chapter, unless such person then holds a valid license or a temporary permit issued by the board to practice the respective profession.
(c) Operate a school, unless it has been licensed by the board and is operated according to rules adopted by the board.
(d) Engage in the instructing of any activity licensed by this chapter without holding an appropriate license issued under this chapter.

Source. 2000, 118:1. 2006, 76:3, eff. July 1, 2006. 2021, 98:1, eff. Aug. 30, 2021. 2023, 235:5, eff. July 15, 2023.

Section 313-A:10

    313-A:10 Qualifications; Barbers. –
I. In order to be issued a barber's license by the board, a person shall:
(a) Be of good professional character;
(b) Have completed high school or its equivalent;
(c) Have received training of:
(1) A minimum of 800 hours of training in a school of barbering approved by the board; or
(2) A minimum of 1,600 hours distributed over a period of at least 12 months under a licensed barber who has engaged in the practice of barbering within the state for at least 2 years;
(d) Pass an examination conducted by the board; and
(e) Pay a fee established by the board.
II. An applicant not meeting the conditions of RSA 313-A:10, I(b) through (c) may petition the board for exemption. The board, acting under rules adopted under RSA 313-A:8, XVI, may grant the exemption.
III. In order to be issued a master barber's license by the board, a person shall:
(a) Be of good professional character;
(b) Have completed high school or its equivalent;
(c) Have received training of:
(1) A minimum of 1,500 hours of training in a school of master barbering approved by the board; or
(2) A minimum of 3,000 hours distributed over a period of at least 18 months under a licensed barber who has engaged in the practice of barbering within the state for at least 2 years;
(d) Pass an examination conducted by the board; and
(e) Pay a fee established by the board.

Source. 2000, 118:1. 2007, 47:2, eff. July 20, 2007.

Section 313-A:11

    313-A:11 Qualifications; Cosmetologists. –
I. In order to be issued a cosmetologist's license by the board, a person shall:
(a) Be of good professional character;
(b) Have completed high school or its equivalent;
(c) Have received training of:
(1) A minimum of 1,500 hours of training in a school of cosmetology approved by the board; or
(2) A minimum of 3,000 hours distributed over a period of at least 18 months under a licensed cosmetologist who has engaged in the practice of cosmetology within the state for at least 2 years;
(d) Pass an examination conducted by the board; and
(e) Pay a fee established by the board.
II. An applicant not meeting the conditions of RSA 313-A:11, I(b) through (c) may petition the board for exemption. The board, acting under rules adopted under RSA 313-A:8, XVI, may grant the exemption.

Source. 2000, 118:1, eff. Jan. 1, 2001.

Section 313-A:12

    313-A:12 Qualifications; Manicurists. –
A person, to be issued a manicurist's license by the board, shall, in addition to satisfying the requirements of RSA 313-A:11, I(a), (b), and (e):
I. Have completed a course of at least 300 hours of professional training in manicuring, in a school approved by the board and passed an examination conducted by the board; or
II. Have satisfied the requirement set out in RSA 313-A:11, I(d) and, as an apprentice in a salon, received, in the opinion of the board, the equivalent of the course required under paragraph I.

Source. 2000, 118:1, eff. Jan. 1, 2001.

Section 313-A:13

    313-A:13 Qualifications; Estheticians. – To be issued an esthetics license by the board, an applicant shall, in addition to satisfying the requirements of RSA 313-A:11, I(a), (b), and (e), have completed a course of at least 600 hours of training in a school approved by the board and have passed an examination conducted by the board. An apprenticeship approved by the board may substitute for the required training. Estheticians who have practiced professionally in this state for a period of at least 3 years prior to July 1, 1989, and who have satisfied the requirements of RSA 313-A:11, I(a), (b), and (e) and the training requirements of this section shall not be required to take the examination provided for in this section to be eligible for licensure under this chapter. Credit towards the hours requirement for esthetician training may be given to a licensed cosmetologist or barber for equivalent training in the cosmetology or barber program in a school approved by the board upon certification of the training by the school. Credit towards the hours requirement for esthetician training may be given to a licensed massage therapist for massage therapy training deemed equivalent by the board. Cosmetologists licensed by the board may obtain the training hours in subjects required by the board in increments at separate schools but must present certifications to the board for all required hours and curriculum subjects.

Source. 2000, 118:1. 2002, 230:2, eff. July 16, 2002. 2016, 53:1, eff. July 4, 2016.

Section 313-A:14

    313-A:14 Nonresidents. – The board shall license any applicant who is similarly licensed in any other state, provided the other state's licensing requirements are substantially equivalent to or higher than those of this state.

Source. 2000, 118:1, eff. Jan. 1, 2001.

Section 313-A:15

    313-A:15 Examinations. – The board shall hold examinations in barbering, cosmetology, manicuring, and esthetics at least once every 6 months in such towns throughout the state as it may deem convenient for applicants and at such additional times as it may from time to time determine. The scope and content of the examinations shall be established by the board. The board shall notify all applicants at least 10 days in advance as to the place, date, and time of examinations.

Source. 2000, 118:1, eff. Jan. 1, 2001.

Section 313-A:16

    313-A:16 Applications. – Applicants shall make written application to the board on a form prescribed and supplied by the office of professional licensure and certification which shall contain satisfactory evidence of the qualifications required of the applicant; and the applicant shall also pay the examination fee.

Source. 2000, 118:1, eff. Jan. 1, 2001. 2021, 197:34, eff. July 1, 2021.

Section 313-A:17

    313-A:17 Display of License. – Every person licensed under this chapter shall display the license in a conspicuous place adjacent to or near the person's work station.

Source. 2000, 118:1, eff. Jan. 1, 2001.

Section 313-A:18

    313-A:18 Temporary Permit. –
I. Any person eligible to take an examination for a license under this chapter may apply to the board for a permit to professionally operate temporarily pending the holding of such examination. The application shall be accompanied by the payment of a fee established by the board which shall be credited as the required examination fee.
II. A temporary permit shall authorize its holder to engage temporarily in the practice of the profession for which such permit was issued under the guidance of a licensed practitioner in a registered salon or barbershop. If, upon notice from the board, the applicant fails without just cause to take the examination, the permit shall terminate. If the applicant fails to pass the examination, the board in its discretion may grant a second temporary permit, under like conditions, which permit in all circumstances shall expire 60 days from its issuance, unless just cause for failure to take the examination shall be shown to the satisfaction of the board.

Source. 2000, 118:1, eff. Jan. 1, 2001. 2016, 297:6, eff. Aug. 20, 2016.

Section 313-A:19

    313-A:19 Shop Licensure. –
I. It shall be a misdemeanor for any person, as owner, manager, or agent, to open, establish, conduct, or maintain a salon, barbershop, or mobile barbershop without first having obtained a shop license from the board. Application for such shop license shall be made to the board in writing and shall state the name and address of the owner of such shop, the shop's address or, in the case of a mobile barbershop, the business mailing address of the owner, and such other information as may be required by the board. Licenses under this section shall be conspicuously posted within the licensed establishment.
II. Any licensed barber, cosmetologist, manicurist, or esthetician shall, upon written application accompanied by the required fees, receive a license to operate a salon, barbershop, or mobile barbershop in this state, provided that the salon, barbershop, or mobile barbershop meets all requirements established in the rules of the board.
III. In the event of a change of location of any licensed shop and upon notice thereof, the board shall issue a transfer of licensure of such shop to its new location, provided such new location meets the requirements of this section. The board may revoke any shop license upon a finding that such shop fails to comply with this chapter or the rules adopted by the board; provided that, before any such certificate shall be revoked, the holder shall have notice thereof and be granted a proper hearing.
IV. In addition to licenses issued under paragraph II, the board may issue a license to an owner of a salon or barbershop who does not personally engage in cosmetology, barbering, or esthetics, provided the salon or barbershop shall fulfill all requirements set forth in the rules of the board and provided further that the owner has paid the required license fee for such salon or barbershop and employs a licensed cosmetologist, barber, manicurist, or esthetician as manager in the salon or barbershop. However, this section shall not authorize such owner to practice cosmetology, barbering, manicuring, or esthetics unless the owner has a cosmetologist, barber, or esthetician license.

Source. 2000, 118:1. 2002, 230:3, 4. 2013, 31:1, eff. July 15, 2013. 2023, 235:6, eff. July 15, 2023.

Section 313-A:20

    313-A:20 Expiration and Renewal of Licenses and Certificates. – Each barber, master barber, barber instructor, barbershop, barber school, esthetician, esthetics instructor, esthetics school, esthetics salon, manicurist, beauty salon, or manicuring salon license issued under this chapter, and any apprentice certificate issued under RSA 313-A:24, shall expire on the last day of the birth month of the licensee or certificate holder in the odd year next succeeding its date of issuance. Each cosmetologist, cosmetology instructor, or cosmetology school license issued under this chapter shall expire on the last day of the birth month of the licensee in the even year next succeeding its date of issuance. Any personal license or apprentice certificate which has expired may be renewed within 6 months by payment of the renewal fee and a late fee established by the board. After 6 months and within 5 years, a personal license or apprentice certificate may be renewed by paying the renewal fee and a late fee established by the board. Any school or shop license which has expired may be renewed upon payment of the renewal fee plus a late fee established by the board.

Source. 2000, 118:1. 2007, 47:3. 2009, 196:2, eff. July 1, 2009. 2016, 297:7, eff. Aug. 20, 2016. 2021, 205:2, Pt. VIII, Sec. 4, eff. Oct. 9, 2021.

Section 313-A:21

    313-A:21 Inspectors. –
I. The office of professional licensure and certification shall employ inspectors and authorize them to enter and make reasonable examination and inspection of any salon, barbershop, or school during business hours for the purpose of ascertaining whether or not the administrative rules of the board and the provisions of this chapter are being observed. Each inspector shall file a report with the board of such findings with respect to each inspection made. Salaries and necessary expenses of the inspectors shall be charged against the fees and other moneys collected by the board.
II. The board shall adopt rules relative to the qualifications for inspectors under this section.
III. Sanitary inspections of all salons, barbershops, and schools shall be made at least twice each year.

Source. 2000, 118:1, eff. Jan. 1, 2001. 2015, 276:76, eff. July 1, 2015.

Section 313-A:22

    313-A:22 Disciplinary Action. –
I. [Repealed.]
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter;
(b) Conviction of a felony or any offense involving moral turpitude;
(c) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession;
(d) Unfitness or incompetency by reason of negligent habits or other causes; or negligent or willful acts performed in a manner inconsistent with the health or safety of persons relying on the expertise of the licensee;
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the person unfit to practice under this chapter;
(f) Mental or physical incompetency to practice under this chapter;
(g) Willful or repeated violation of the provisions of this chapter;
(h) Suspension or revocation of a license, similar to one issued under this chapter, in another jurisdiction and not reinstated; or
(i) Failure to observe the requirements of any rule adopted by the board.
III. [Repealed.]
IV. [Repealed.]

Source. 2000, 118:1. 2004, 177:9-12, eff. Jan. 1, 2005. 2023, 212:9, I, eff. Oct. 3, 2023.

Section 313-A:23

    313-A:23 Repealed by 2023, 212:9, II, eff. Oct. 3, 2023. –

Section 313-A:24

    313-A:24 Apprentice Registration and Certificates. –
I. No person shall enter an apprenticeship or enroll in a school under this chapter unless such person has registered with the board as an apprentice and been issued an apprentice certificate. The board shall have sole authority to regulate apprentices and apprenticeship under this chapter. The board shall issue an apprentice certificate to any student receiving instruction within a licensed school and/or shop to learn barbering, cosmetology, esthetics, or manicuring.
II. A person applying for an apprentice certificate under this section shall be granted such certificate upon:
(a) Submitting proof sufficient to the board to show that such person is at least 16 years of age;
(b) Paying a fee established by the office of professional licensure and certification; and
(c) Being deemed by the board to be of good professional character.
III. No salon or barbershop shall at any one time have more than one apprentice per licensed professional, except as follows:
(a) Each licensed barber may have up to 2 apprentices for barbering.
(b) Each licensed master barber may have up to 2 apprentices for barbering, or one apprentice master barber and one apprentice barber.
IV. Upon completing the number of hours specified in the board's apprentice rules, an apprentice shall be eligible to apply to the board for certification.
V. Notwithstanding RSA 161-B:11, VI-a, an applicant for an apprentice certificate shall not be required to provide a social security number as a prerequisite for obtaining a certificate.

Source. 2000, 118:1. 2006, 290:23. 2012, 25:1, eff. July 1, 2012. 2016, 297:8, eff. Aug. 20, 2016. 2021, 205:2, Pt. VIII, Sec. 3, eff. Oct. 9, 2021.

Section 313-A:25

    313-A:25 Exemptions. –
The provisions of this chapter relative to barbering, cosmetology, esthetics, and manicuring shall not be construed to apply to the following persons:
I. Physicians and surgeons licensed under RSA 329 when engaged in the practice of their profession.
II. Chiropractors licensed under RSA 316-A when engaged in the practice of their profession.
III. Commissioned medical or surgical officers of the United States army, navy, or marine hospital service.
IV. Registered and practical nurses licensed under RSA 326-B when engaged in the practice of their profession.
V. Morticians licensed under RSA 325 when engaged in the practice of their profession.
VI. Persons engaged in behalf of a manufacturer or distributor solely in demonstrating the use of any machine or other article for purposes of sale, without charge to the person who is the subject of such demonstration.
VII. Persons engaged in the practice of barbering, cosmetology, esthetics, or manicuring in a charitable or benevolent institution, nursing home, long-term care facility, or assisted living facility where such practice is carried on solely for the benefit of the residents of such institution.
VIII. Persons conducting programs relating to demonstrations of barbering, cosmetology, esthetics, or manicuring sponsored by a professional organization.
IX. Licensees engaged in the practice of their profession upon a person who is not able to leave his or her residence because the person has a disability, limited mobility, or by reason of the person's age in that person's place of residence.
X. Persons licensed as massage therapists under RSA 328-B.
XI. Persons licensed as physical therapists or physical therapist assistants under RSA 328-A and 328-F.
XII. Persons employed as shampoo assistants in a licensed shop who perform the functions of shampooing, rinsing, and removing rollers or perm rods, and rinsing treated or untreated hair.
XIII. Persons engaged in the practice of natural hair braiding. For purposes of this chapter, "natural hair braiding" means the service of twisting, wrapping, weaving, extending, locking, or braiding hair by hand or with mechanical devices, such as clips, combs, crochet hooks, curlers, curling irons, hairpins, rollers, scissors, blunt-tipped needles, thread, and hair binders.
(a) Natural hair braiding includes:
(1) The use of natural or synthetic hair extensions, natural or synthetic hair and fibers, decorative beads, and other hair accessories;
(2) Minor trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking, or braiding hair;
(3) The making of wigs from natural hair, natural fibers, synthetic fibers, and hair extensions; and
(4) The use of topical agents such as conditioners, gels, moisturizers, oils, pomades, and shampoos in conjunction with services in subparagraphs (1)-(3).
(b) Natural hair braiding is commonly known as "African-style hair braiding" but is not limited to any particular cultural, ethnic, racial, or religious forms of hair styles.
(c) Natural hair braiding does not include:
(1) The application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair; or
(2) The use of chemical hair joining agents such as synthetic tape, keratin bonds, or fusion bonds.

Source. 2000, 118:1, eff. Jan. 1, 2001. 2016, 297:9, eff. Aug. 20, 2016. 2017, 94:2, eff. Aug. 7, 2017.

Registration of Tanning Facilities

Section 313-A:26

    313-A:26 Repealed by 2004, 177:15, eff. Jan. 1, 2008. –

Section 313-A:27

    313-A:27 Compliance With Law. –
I. Every tanning device used by a tanning facility shall comply with all applicable federal and state laws and regulations, including those promulgated by the Federal Trade Commission and the United States Food and Drug Administration.
II. The board shall enforce this chapter against a person who adulterates or misbrands a tanning device. The board may investigate a person accused of adulterating or misbranding a tanning device.

Source. 2004, 177:13, eff. Jan. 1, 2005.

Section 313-A:28

    313-A:28 Registration of Tanning Facility. –
I. It shall be unlawful for any person to engage in the business of operating a tanning facility unless the facility is registered in accordance with this chapter and the registration of such facility is current and valid.
II. Any person, corporation, partnership, association, or other entity operating or intending to open or operate a tanning facility within this state shall file a registration statement annually with the board in accordance with rules adopted under RSA 541-A. Such registration statement shall be required for each facility location, shall be duly signed and verified, and shall be posted in a prominent location at the tanning facility. Such registration statement shall include, but not be limited to, the name and the business address of the applicant; if an individual, the name under which the business will be conducted; if a partnership, the name and business address of each member thereof; the name under which the business is to be conducted; if a corporation, the name of the corporation and the name and business address of each of the officers of the corporation; and the place, including the complete mailing address and physical address, where the business is to be conducted. Registration statements shall also list the number and type of tanning devices at each tanning facility location.

Source. 2004, 177:13, eff. Jan. 1, 2005.

Section 313-A:29

    313-A:29 Registration Fee Required. – No person shall operate a tanning facility without paying an annual registration fee established by the board. Registration fees received from each tanning facility shall be deposited into the office of professional licensure and certification fund.

Source. 2004, 177:13, eff. Jan. 1, 2005. 2018, 330:5, eff. July 1, 2018.

Section 313-A:30

    313-A:30 Operational Requirements. –
I. Operators shall have sufficient knowledge in the operation of the tanning devices, including but not limited to:
(a) Requirements of this section and of 21 CFR 1040.20;
(b) Proper use of U.S.F.D.A. Recommended Exposure Schedule;
(c) Procedures for correct operation of the tanning facility/device;
(d) Recognition of injuries and the facility's procedures for handling such injuries from overexposure to ultraviolet radiation;
(e) Manufacturer's procedures for operation and maintenance of the tanning device;
(f) Proper use of protective eyewear;
(g) Emergency procedures in case of injury;
(h) Effects of UV radiation, acute and chronic exposure, biological effects and health risks;
(i) Photosensitizing agents; and
(j) Recognition of the 6 skin types and the Fitzpatrick Scale.
II. Operators shall be trained in all of the areas listed in paragraph I. Training shall be received through curricula and programs approved by the board. A tanning facility shall maintain a list of the facility's operators who have been trained in accordance with this section. Such list shall include the date of the training and shall be available for inspection by the board.
III. Operators shall obtain proof of age from each tanning device user pursuant to RSA 313-A:31, I.
IV. Operators shall read aloud and shall provide each tanning device user with a written consent statement containing the wording listed below and the Fitzpatrick Scale. The consumer consent form shall include the following wording in at least size 12 font:
"DANGER-ULTRAVIOLET RADIATION
Follow instructions.
Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions.
Repeated exposure may cause premature aging of the skin and skin cancer.
Wear protective eyewear. Failure to use protective eyewear may result in severe burns or long-term injury to the eyes.
Medication or cosmetics may increase your sensitivity to the ultraviolet radiation.
Consult a physician before using sunlamp or tanning equipment if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight."
V. Upon notification by a consumer of a complaint or an alleged tanning injury, a registrant shall provide information to the consumer about how complaints may be filed with the board.
VI. The tanning facility registrant shall maintain a record for each individual tanning device user which shall include dates exposed, length of exposure and signed consent form. Records shall be maintained for a minimum of 3 years or 3 years past the age of majority of the client.

Source. 2004, 177:13, eff. Jan. 1, 2005. 2015, 54:1, eff. Aug. 1, 2015.

Section 313-A:31

    313-A:31 Tanning of Minors Prohibited. –
I. It shall be unlawful for a person under the age of 18 to utilize a tanning device at a tanning facility in this state. Operators shall obtain proof of age from each person using a tanning device.
II. This section shall not apply to any physician, advanced practiced registered nurse, or physician assistant licensed under RSA 329, RSA 326-B, or RSA 328-D, respectively, who, in his or her practice, uses or prescribes to be used a phototherapy device with respect to a patient of any age.

Source. 2004, 177:13, eff. Jan. 1, 2005. 2015, 54:2, eff. Aug. 1, 2015.

Section 313-A:32

    313-A:32 Repealed by 2023, 212:9, III, eff. Oct. 3, 2023. –

Section 313-A:33

    313-A:33 Exemption. – This subdivision shall not apply to a phototherapy device used by or under the supervision of a licensed health care professional for treatment of disease.

Source. 2004, 177:13, eff. Jan. 1, 2005.

Section 313-A:34

    313-A:34 Unregistered Tanning Facilities. – Upon notification by the board, operating an unregistered tanning facility shall result in a fine of $100 per day, for every day the facility remains in operation after 7 business days from the date notification was issued.

Source. 2004, 177:13, eff. Jan. 1, 2005.