NEW
HAMPSHIRE BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS
2
INDUSTRIAL PARK DRIVE
CONCORD,
NEW HAMPSHIRE 03301
CHAPTER
Bar 100 ORGANIZATIONAL RULES
REVISION
NOTE #1:
Document #6046-a, effective 6-1-95,
made extensive changes to the wording, format, structure
and numbering of rules in Part Bar 101 titled “Definitions.” Document #6046-a superseded all prior filings
for the sections in this part. The prior
filings for former Part Bar 101 include the following documents:
#1879,
eff 12-3-81
#2539,
eff 11-18-83
#4814,
eff 5-16-90
#5308,
eff 1-16-92
#5544,
eff 12-28-92
REVISION
NOTE #2:
Document #13810, effective 1-19-24, adopted,
readopted with amendment, readopted with amendment and
renumbered, or repealed various rules in Chapter Bar 100 on organizational rules. Document #13810 adopted Bar 101.29 defining “school
instructor”. Document #13810 also readopted
with amendment and renumbered Bar 101.26 defining “passport photo” as Bar
101.23, readopted with amendment and renumbered Bar 102.05 titled “Organization”
as Bar 102.04, and readopted with amendment and renumbered Bar 102.06 titled “Office
Location, Office Hours, Mailing Address, and Telephone” as Bar 102.05. Document #13810 also readopted with amendment
Bar 103.02 titled “Custodian of Records”.
Document #13810 repealed the following
rules:
Bar
101.01 defining “adjudicatory proceeding”
Bar
101.08 defining “complaint”
Bar 101.20 defining “instructor”
Bar 102.04 titled “Staff”
Bar 103.03 titled “Roster
Distribution”
The
adoption and repeals necessitated renumbering, but not readopting, several existing
definitions in Part Bar 101 titled “Definitions” as indicated in the source notes.
The filings, beginning with Document
#6046-a, which affected the repealed rules prior to Document #13810 included
the following documents. Italics
indicate the rules were subject to expiration only pursuant to RSA 541-A:17, II:
#6046-a, eff 6-1-95, EXPIRED:
6-1-03
#7932, eff 8-3-03
#8223, eff 12-9-04 (Bar 101.01 only)
#9313, eff 11-5-08 (Bar 103.03 only)
#10412-A, eff 9-19-13
PART
Bar 101 DEFINITIONS
Bar 101.01 “Apprentice” means a person being instructed
in a shop or school and registered in accordance with RSA 313-A:24.
Source. (See Revision Note #1 at chapter heading for
Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13; renumbered by #13810 (formerly Bar
101.02) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.02 “Appliance” means a barbering, cosmetology,
esthetics, or manicuring device that is operated by electricity, such as a
curling iron or electric clipper.
Source. (See Revision Note #1 at chapter heading for
Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13; renumbered by #13810 (formerly Bar
101.03) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.03 “Barber” means “barber” as defined in RSA
313-A:1, I.
Source. (See Revision Note #1 at chapter heading for
Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13; renumbered by #13810 (formerly Bar
101.04) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.04 “Barbering” means “barbering” as defined in
RSA 313-A:1, II.
Source. (See Revision Note #1 at chapter heading for
Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13; renumbered by #13810 (formerly Bar
101.05 (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.05 “Barbershop” means “barbershop” as defined in
RSA 313-A:1, III.
Source. (See Revision Note #1 at chapter heading for
Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13; renumbered by #13810 (formerly Bar
101.06) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.06 “Board” means “board” as defined in RSA
313-A:1, IV.
Source. (See Revision Note #1 at chapter heading for
Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932, eff
8-3-03; ss by #10412-A, eff 9-19-13; renumbered by #13810 (formerly Bar
101.07) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.07 “Cosmetologist” means “cosmetologist” as
defined in RSA 313-A:1, V.
Source. (See Revision Note #1 at chapter heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13; renumbered by #13810 (formerly Bar
101.09) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.08 “Cosmetology” means “cosmetology” as defined
in RSA 313-A:1, VI.
Source. (See Revision Note #1 at chapter heading for
Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13; renumbered by #13810 (formerly Bar
101.10) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.09 “Disinfect”
means a reduction in microbial presence on a surface at 99.99% or greater by
use of an EPA registered disinfectant with bactericidal, virucidal, and
fungicidal properties.
Source. (See Revision Note #1 at chapter heading for
Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13; renumbered by #13810 (formerly Bar
101.11) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.10 “Dispensary” means a
separate area containing a sink.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.11); renumbered by #13810 (formerly Bar 101.12)
(see Revision Note #2 at chapter heading for Bar 100)
Bar 101.11 “Division” means the
division of public health services, department of health and human services.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.12); renumbered by #13810
(formerly Bar 101.13) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.12 “Esthetician” means
“esthetician” as defined in RSA 313-A:1, VII.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.13); renumbered by #13810
(formerly Bar 101.14) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.13 “Esthetics” means “esthetics”
as defined in RSA 313-A:1, VIII.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.14); renumbered by #13810
(formerly Bar 101.15) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.14 “Ex parte communications” means the transmittal of information
or argument by or on behalf of a party concerning the merits of the subject
matter of any adjudicatory proceeding to or from a decision-maker in that
proceeding without proper notice to and opportunity to participate in by all
parties.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.15); renumbered by #13810
(formerly Bar 101.16) (see Revision Note #2 at chapter heading for Bar 100)
Bar
101.15 “Faradic unit” means a current is an
alternating and interrupted current capable of producing a mechanical reaction
without a chemical effect.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.16); renumbered by #13810
(formerly Bar 101.17) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.16 “Implement” means a
utensil or tool used in the barber, cosmetology, esthetician, or manicuring
trade.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.17); renumbered by #13810
(formerly Bar 101.18) (see Revision Note #2 at chapter heading for Bar 100)
Bar
101.17 “Institution” means a place that is legally
responsible for the residents' full-time health and welfare.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.18); renumbered by #13810
(formerly Bar 101.19) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.18 “Iontophoresis unit”
means a machine which introduces water soluble product into the skin with the
use of electric current, such as the use of the positive and negative poles of
a galvanic machine.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.20); renumbered by #13810
(formerly Bar 101.21) (see Revision Note #2 at chapter heading for Bar 100)
Bar
101.19 “Licensee” means any person or business
licensed or registered by the board or holding a temporary permit pursuant to
RSA 313-A:18.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.21); renumbered by #13810
(formerly Bar 101.22) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.20 “Manicurist” means
“manicurist” as defined in RSA 313-A:1, IX.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95, EXPIRED:
6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.22); renumbered by #13810
(formerly Bar 101.23) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.21 “Manicuring” means
“manicuring” as defined in RSA 313-A:1, X.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.23); renumbered by #13810
(formerly Bar 101.24) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.22 “Orangewood stick”
means a stick made from the orange tree used in manicuring procedure.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.24); renumbered by #13810
(formerly Bar 101.25) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.23 “Passport photo” means a 2 inch by 2 inch photograph, facial front view, with a plain
background, taken within 2 years of the issuance of a license.
Source. (See Revision Note #1 at chapter heading for
Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.25); ss by #13810, eff 1-19-24 (formerly Bar 101.26)
(see Revision Note #2 at chapter heading for Bar 100)
Bar 101.24 “Person” means any
individual, partnership, corporation, association, governmental subdivision or
public or private organization.
Source. (See Revision Note #1 at chapter heading for
Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.26); renumbered by #13810 (formerly Bar 101.27) (see Revision
Note #2 at chapter heading for Bar 100)
Bar 101.25 “Rulemaking” means the statutory procedures for the
formulation of a rule.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.27); renumbered by #13810
(formerly Bar 101.28) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.26 “Salon” means
“salon” as defined in RSA 313-A:1, XII.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #9455-A, eff
4-14-09; ss by #10412-A, eff 9-19-13 (from Bar 101.28); renumbered by #13810
(formerly Bar 101.29) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.27 “Sanitize” means to clean a surface by removing visible debris
using soap and water or a cleaning agent.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.29); renumbered by #13810
(formerly Bar 101.30) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.28 “School” means
“school” as defined in RSA 313-A:1, XIII.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.30); renumbered by #13810 (formerly Bar 101.31) (see Revision
Note #2 at chapter heading for Bar 100)
Bar 101.29 “School instructor” means any person licensed
by the board to teach in a school.
Source. (See Revision Note #2 at chapter heading for
Bar 100) #13810, eff 1-19-24
Bar 101.30 “Shampoo sink” means
a sink with a spray hose and neck rest.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.31); renumbered by #13810
(formerly Bar 101.32) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.31 “Shop” means any
salon or barbershop licensed in accordance with RSA 313-A:19.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.32); renumbered by #13810
(formerly Bar 101.33) (see Revision Note #2 at chapter heading for Bar 100)
Bar 101.32 “Shop apprentice”
means an individual registered in accordance with RSA 313-A:24 and being
instructed in a shop licensed in accordance with RSA 313-A:19 for a specific
period to learn barbering, cosmetology, esthetics, or manicuring.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.33); renumbered by #13810
(formerly Bar 101.34) (see Revision Note #2 at chapter heading for Bar 100)
Bar
101.33 “Shop instructor” means any person licensed
by the board to teach in a shop.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.34); renumbered by #13810
(formerly Bar 101.35) (see Revision Note #2 at chapter heading for Bar 100)
Bar
101.34 “Sink” means a basin connected with a drain
with hot and cold running water.
Source. (See Revision Note #1 at chapter heading for Bar 100) #6046-a, eff 6-1-95,
EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.35); renumbered by #13810
(formerly Bar 101.36) (see Revision Note #2 at chapter heading for Bar 100)
Bar
101.35 “Student apprentice” means an individual
registered in accordance with RSA 313-A:24 and being instructed in a school
licensed in accordance with RSA 313-A:9, IV.
Source. (See Revision Note #1 at chapter heading for
Bar 100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.36) renumbered by #13810
(formerly Bar 101.37) (see Revision Note #2 at chapter heading for Bar 100)
Bar
101.36 “Student instructor” means any
person training in a school to become an instructor.
New. #10412-A,
eff 9-19-13 (formerly Bar 101.38); renumbered by #13810 (formerly Bar 101.38)
(see Revision Note #2 at chapter heading for Bar 100)
PART
Bar 102 BOARD ORGANIZATIONS
Bar 102.01 Duties and Responsibilities. The board shall administer the provisions of
RSA 313-A, which include but are not limited to safeguarding life, health, and
property, to promoting public welfare and maintaining a high standard of
integrity regarding the practice of barbering, cosmetology, esthetics, and
manicuring in this state.
Source. #1879, eff 12-3-81; ss by #2539, eff
11-18-83; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #5544, eff
12-28-92, EXPIRED: 12-28-98
New. #8223,
eff 12-9-04
Bar 102.02 Composition of the Board. The board shall consist of 7 members who meet
the eligibility requirements of RSA 313-A:2.
Source. #8223,
eff 12-9-04
Bar 102.03 The Chairperson and Vice Chairperson. The chairperson shall preside at all meetings. In the absence of the chairperson, the
vice-chairperson shall preside.
Source. #8223,
eff 12-9-04
Bar
102.04 Organization. Beginning with the regular meeting in
September and annually thereafter, the board shall meet and organize, and by
election from among its members, select a chairperson and vice-chairperson.
Source. #8223, eff
12-9-04; ss
by #13810, eff 1-19-24 (formerly Bar 102.05) (see Revision Note #2
at chapter heading for Bar 100)
Bar
102.05 Office Location, Office Hours,
Mailing Address, and Telephone.
(a) The board’s office shall be located at 7 Eagle
Square, Concord NH 03301.
(b) The board’s office shall be open to the
public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.
(c) The board’s mailing address shall be:
The Board of Barbering,
Cosmetology, and Esthetics
c/o The Office of Professional
Licensure and Certification
7 Eagle Square
Concord NH 03301
(d) The board’s telephone number shall be (603)
271-2152.
Source. #8223, eff
12-9-04; ss
by #13810, eff 1-19-24 (formerly Bar 102.06) (see Revision Note #2
at chapter heading for Bar 100)
PART
Bar 103 PUBLIC INFORMATION
Bar 103.01 Record of Board Actions. Minutes shall be kept of board meetings and
of official actions taken by the board.
Minutes of board actions which are not confidential under RSA 91-A:3, II
or RSA 91-A:5 shall be governmental records and shall be available for
inspection during the board’s ordinary office hours within 5 days from the
close of the meeting or vote in question unless the 72 hours availability
requirement of RSA 91-A:3, III is applicable.
Source. #8223,
eff 12-9-04; EXPIRED: 7-1-09 pursuant
to RSA 541-A:17, II and 2008, 303:4 effective 7-1-08;
New. #12604,
eff 8-16-18
Bar 103.02 Custodian of Records. Persons desiring copies of board records
shall submit a request, which identifies as particularly as possible the
information being sought. If records are
requested which contain both public and confidential information, the board
shall delete the confidential information and provide the remaining
information.
Source.
#8223, eff 12-9-04;
ss by #13810, eff 1-19-24
(see Revision Note #2 at chapter heading for Bar 100)
CHAPTER Bar 200 RULES OF PRACTICE
AND PROCEDURE
Statutory Authority: RSA
313-A
REVISION
NOTE:
Document
#13748, effective 9-19-23, repealed Part Bar 201 through Part Bar 218 in
Chapter Bar 200, titled “Practice and Procedure”, and renamed the chapter as “Rules
of Practice and Procedure”. Document #13748
also adopted a new Part Bar 201 titled “Practice and Procedure and Waiver of Rules”,
containing Bar 201.01 titled “Rules of Practice and Procedure” and Rule Bar 201.02
titled “Waiver of Administrative Rules.”
Document #13748 replaces
all prior filings affecting the rules in the former Chapter Bar 200. The prior filings included the following
documents. Italics
indicate the rules were subject to expiration only pursuant to RSA 541-A:17, II:
#2040, eff
6-3-82
#2539, eff
11-18-83
#4814, eff
5-16-90
#5308, eff
1-16-92, EXPIRED 1-16-98
#6577, eff
9-13-97
#7951-A, eff
9-10-03
#7951-B, eff 9-10-03
#9997-A,
eff 9-16-11
#9997-B, eff
9-16-11
#12604,
eff 8-16-18
As practice and procedure rules, the rules
in Document #13748 will not expire except pursuant to RSA 541-A:17, II.
PART Bar 201 PRACTICE AND PROCEDURE AND WAIVER OF RULES
Bar 201.01
Rules of Practice and Procedure.
The Plc 200 rules shall govern with regards to all procedures for:
(a) The receipt of misconduct complaints;
(b) The conduct of adjudicatory proceedings;
(c) Rulemaking submissions, considerations, and
dispositions of rule making;
(d)
Public comment hearings;
(e)
Declaratory rulings;
(f) All statements of policy and interpretation;
(g) Explanation of adopted rules; and
(h)
Voluntary surrender of licenses.
Source. (See Revision Note at chapter heading for Bar
200) #13748, eff 9-19-23
Bar
201.02 Waiver of Administrative Rules.
(a) The board shall initiate a waiver of a
substantive rule upon its own motion by providing affected parties with notice
and opportunity to be heard and issuing an order which finds that a waiver
would be necessary to advance the purpose of the rules of the board.
(b) Individuals who wish to request a waiver of a
rule shall submit a written request to the board, which includes:
(1) The rule for which a waiver is requested;
(2)
The anticipated length of time the requested waiver will be needed;
(3)
The reason for requesting the waiver;
(4)
Evidence of how the waiver will provide for the health and safety of the
consumer or licensee;
(5) A
time-limited written compliance plan which sets forth plans to achieve
compliance including an estimated date of compliance; and
(6)
The signature of the applicant.
(c) The board shall consider the following when determining
whether to approve or deny a waiver:
(1)
If adherence to the rule would cause the petitioner unnecessary or undue
hardship;
(2)
If the requested waiver is necessary because of any neglect or
misfeasance on the part of the practitioner;
(3) If
enforcement of the rule would injure a third person(s); and
(4) If
waiver of the rule would injure a third person(s).
(d) The board shall approve a waiver of an
administrative rule request only if:
(1)
Granting a waiver does not have the effect of waiving or modifying a
provision of RSA 310-A;
(2) The
petitioner has shown good cause exists pursuant to (c) above to waive the rule;
and
(3)
The board determines that the individual’s plans for compliance with the
rule includes an estimated date of compliance and eventual compliance.
(e) If the board, after receiving and reviewing a
request for a waiver, requires further information or documentation to grant or
deny the waiver, the board shall:
(1)
Notify the applicant in writing within 30 days; and
(2)
Specify the information or documentation the board requires.
(f) The board shall issue a written approval or
denial of the waiver within 60 days of the date the request is received, unless additional information or documentation is
required. If additional information and
documentation is required, then the board shall issue a written approval or
denial within 60 days of receiving the requested information or documentation.
Source. (See Revision Note at chapter heading for Bar
200) #13748, eff 9-19-23
CHAPTER Bar
300 REGISTRATION OR LICENSING
REQUIREMENTS
Statutory
Rulemaking Authority RSA 313-A:8
PART
Bar 301 APPLICATION PROCEDURE
Bar 301.01 Apprentice Application.
(a) Upon the board's receipt of a
request for an application for registration as an apprentice, the board shall
send the applicant an application for registration as an apprentice.
(b)
Each applicant for an apprentice registration shall complete and submit
to the board an application for registration as an apprentice including:
(1) The applicant’s name, address, and telephone
number;
(2) The appropriate type of apprenticeship:
a. Cosmetology;
b. Barbering;
c. Master Barber;
d. Manicuring; or
e. Esthetics;
(3) A check, money order, electronic payment, or
cash in the amount of $25.00;
(4) A copy of a birth certificate or driver’s
license providing proof of age as required by RSA 313-A:24, II (a); a copy of the applicant’s high school diploma
or equivalent if the applicant is under 21 years of age, or a letter from the
applicant’s high school indicating that he or she is currently enrolled and on
track for graduation; and
(5) Whether the applicant:
a. Has been convicted of a felony or
misdemeanor, other than a traffic violation, which has not been annulled by a
court, and, if yes, the applicant shall submit:
(i) A Court provided copy of the charge(s), conviction(s),
penalties imposed, and a statement created by the applicant relative to the
charges;
(ii) If the applicant is currently on probation,
the probation officer’s name, mailing address, and telephone number, a letter
from the probation officer stating that the applicant is in
compliance, and;
(iii) If the applicant has completed probation or parole,
a letter indicating that the applicant met all the requirements and is no
longer on parole or probation;
b. Is addicted to the use of alcohol or
other habit-forming drugs to a degree rendering him or her unfit to practice
under RSA 313-A;
c. Has had any past disciplinary action against
him or her in any jurisdiction in which registration is similar to the one requested to have issued under
this application; and
d. Has been determined by a court to be mentally
incompetent, or has been told by health practitioner or mental health practitioner
that he or she has a mental condition that would impair his or her ability
to practice the profession for which they are seeking registration under RSA
313-A;
(6) The applicant’s social security number; and
(7) A date and signature or electronic signature
affirming the following pledge: “I, hereby certify that the statements made on
this application and in any other documents submitted in connection with this
application are true and accurate. I have not withheld information that is
requested. I am aware that a false, dishonest, or misleading answer may be
grounds for: 1) denial of this application; 2) disciplinary action against my
license; and further that false statements are punishable by law”; and
(c)
The applicant may provide to the board any information explaining or
providing background to the affirmative answer(s) in (5) above.
(d)
If the apprenticeship will take place in a school licensed in accordance
with RSA 313-A:9, IV, the school's owner, or his or her designee, shall:
(1) Provide the name, address, and telephone
number of the school where the instruction will take place;
(2) Include the enrollment date; and
(3) Sign or electronically sign, and date the
application.
(e)
If the apprenticeship will take place in a shop, licensed in accordance
with RSA 313-A:19, the shop instructor shall be licensed in accordance with RSA
313-A:9, V.
(f)
The shop instructor shall:
(1) Provide the name, address, and telephone
number of the shop where the instruction will take place;
(2) Include the enrollment date; and
(3) Sign and date the application.
(g)
An applicant for a shop instructor license shall:
(1) In accordance with RSA 313-A:10, I(c)(2) and
RSA 313-A:11, I(c)(2), have been engaged in the practice within the state for
at least 2 years;
(2) Submit to the board a check, money order, electronic
payment, or cash in the amount of $50.00; and
(3) Supply the following on the application for
registration as an apprentice form:
a. His or her
b. His or her initial
c. His or her signature and current date
affirming the statement “I certify that the apprentice whose name is stated
above is serving his or her apprenticeship training under my direction. I agree
to notify the board office in writing when the apprenticeship is completed or
has terminated. I understand by signing this application I agree to ensure the
apprentice is in compliance with board’s administrative
rules and governing statute and should the apprentice fail to comply, I will be
subject to disciplinary action by the board”.
Source. #1879, eff 12-3-81; ss by #2539, eff
11-18-83; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #6046-b,
eff 6-1-95; ss by #6577, eff 9-13-97; ss by #7555, eff 9-12-01; ss by #8655,
eff 6-9-06; amd by #8753, eff 11-27-06; amd by #9047, eff 12-12-07; amd
by #9652, eff 2-3-10; ss by #11055, eff 3-18-16
Bar 301.02 Procedure for
Approving and Denying an Application for Apprentices.
(a) Upon the board's receipt of an application,
the board shall approve or deny the application within 30 days of receipt.
(b) If the applicant answered in the negative to
all the statements in Bar 301.01 (b) (5), the applicant shall be deemed by the
board to be of good professional character.
(c) If the applicant answered in the affirmative,
the board shall determine if this person is of good professional character
after reviewing factors surrounding the affirmative answer.
(d) Factors the board shall take into consideration
shall be as follows:
(1)
Whether the person has been found guilty of abuse, neglect, exploitation
of any person or has been convicted of child endangerment, fraud
or a felony against a person in this or any other state by a court of law;
(2) Whether the person has a current mental
condition affecting the ability to practice the profession;
(3) The
length of time that has passed since the crime or disciplinary action;
(4)
Information showing the positive answer is not indicative of the persons
current character; and
(5) Any
relevant circumstances surrounding the affirmative answer.
(e) The board shall
approve an application and issue an apprentice registration with the shop
instructor’s name, when applicable, if:
(1) Application for registration as an
apprentice is completed in accordance with RSA 313-A:24 and Bar 301.01;
(2) The
shop instructor meets the requirements of Bar 301.01(e); and
(3) The applicant is deemed to
be of good professional character.
(f) The board shall deny an application if:
(1) The
application is not completed in accordance with RSA 313-A:24 and Bar 301.01;
(2) The
shop instructor applicant does not meet the requirements of Bar 301.01(f); or
(3) The
applicant is not deemed to be of good professional character.
(g) If the board denies an applicant pursuant to
(f), above, the board shall return the application to the applicant with all
attachments and a letter as follows:
(1)
Referencing the statute or rule the applicant has not complied with;
(2)
Explaining what the applicant shall do in order to
become registered or licensed; and
(3)
Providing the secretary's name and telephone number for further
assistance.
(h) The board shall send a copy of the letter
described in Bar 301.02(g), to the school or the proposed shop instructor.
Source. #1879, eff 12-3-81; amd
by #2040, eff 6-3-82; ss by #2539, eff 11-18-83; ss by #4814, eff 5-16-90; ss
by #5308, eff 1-16-92; ss by #6020, eff 4-14-95; ss by #6046-b, eff 6-1-95; ss
by #6577, eff 9-13-97; ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06,
EXPIRED: 6-9-14
New. #10808, eff 4-2-15
Bar 301.03 Apprenticeship.
(a)
“Reflexology” means the study and interpretation of reflex component of
the function of a body part, system, or of a particular kind of activity.
(b)
The number of hours of instruction to complete an apprenticeship shall
be in accordance with:
(1) For barbers, RSA 313-A:10, I(c)(1) or (2);
(2) For cosmetologists, RSA 313-A:11, I(c)(1) or
(2);
(3) For manicurists, RSA 313-A:12, I, or,
pursuant to RSA 313-A:12, II, 600 hours in a shop apprenticeship program;
(4)
For estheticians, RSA 313-A:13 or, pursuant to RSA 313-A:13, 1200 hours in a
shop apprenticeship program; and
(5) For a master barber, RSA 313-A:10 III, (c) (1)
or (2).
(c)
The apprentice shall receive the following types of instruction:
(1) For barber apprentices:
a. Shampooing;
b. Haircutting;
c. Hairstyling, for men and women;
d. Razor cutting;
e. Shaves and beard trim;
f. Scalp massaging;
g. Hair analysis;
h. Hairpieces;
i. Business management and salesmanship;
j. Textbook theory, which shall consist of
reading textbooks in regard to barbering;
k. State laws and rules; and
l. Bacteriology safety and sanitation;
(2) For cosmetology apprentices:
a. Shampooing;
b. Hairstyling;
c. Hair shaping;
d. Hair coloring, including temporary,
semi-permanent, and permanent;
e. Permanent waving and straightening;
f. Hair analysis and scalp treatments;
g. Facials and waxing, including contraindications;
h. Manicuring and pedicuring;
i. Bacteriology, safety, and sanitation;
j. Personal development;
k. Business management and salesmanship;
l. State laws and rules;
m. Textbook theory, which shall consist of
reading textbooks, no more than 5 years old, in regard to
cosmetology;
n. Sculptured nail, nail tip, nail wrap, and gel
application; and
o. Reflexology and massage as it relates to cosmetology,
manicuring, and pedicuring services;
(3) For esthetic apprentices:
a.
Textbook theory, which shall consist of
reading textbooks no more than 5 years old, in regard to
esthetics;
b. Anatomy and physiology;
c. Bacteriology, safety, and sanitation;
d. Basic chemistry of ingredients;
e. Professional practices;
f. Facial and body treatments;
g. Treatments for facial and body hair;
h. Reflexology and massage as it relates to
esthetic services;
i. Pedicuring;
j.
Makeup services; and
k. State laws and rules;
(4) For a manicuring apprentice:
a. Bacteriology, safety
and sanitation;
b. Professional practice;
c. Basic manicuring;
d. Sculptured nail, nail tip, nail wrap and gel
application;
e. Pedicuring;
f. Proper drill use;
g. Textbook theory, which shall consist of
reading textbooks, no more than 5 years old, in regard to
manicuring;
h. State laws and rules; and
i. Reflexology and massage as it relates to
manicuring and pedicuring; and
(5) For master barber apprentices:
a. Shampooing;
b. Haircutting;
c. Hairstyling, for men and women;
d. Razor cutting;
e. Shaves and beard trim;
f. Scalp massaging;
g. Permanent waving and straightening;
h. Coloring
i. Hair analysis;
j. Hairpieces;
k. Business management and salesmanship;
l. Textbook theory, which shall consist of
reading textbooks in regard to barbering;
m. State laws and rules; and
n. Bacteriology safety and sanitation.
(d)
Each student, at the beginning of the course, shall receive a course
outline, including:
(1) The name of the course;
(2) A course description;
(3) The course goals;
(4) The contents of the units of instruction and,
as applicable, hours;
(5) The course format; and
(6) The grading procedures.
(e)
For a student enrolled in a cosmetology program not offering the 1500
hours in a career and technical program within a high school with an 83 minute
a day block or less, the maximum apprenticeship hours shall be no more than 325
hours as follows:
(1) Orientation, 6 hours;
(2) Your professional image, 5 hours;
(3) Infection control including principles and
practice, 26 hours;
(4) Shampooing, rinsing, conditioning, 18 hours;
(5) Wet hairstyling, thermal styling, thermal
pressing, 110 hours;
(6) Principles of design, 10 hours;
(7) Manicuring and pedicuring, 30 hours;
(8) Facials, 25 hours;
(9) Facial make-up, 15 hours;
(10) Removal of unwanted hair, 10 hours;
(11) Seeking employment, 5 hours;
(12) Properties of hair and scalp, 20 hours;
(13) Introduction to hair cutting, 40 hours; and
(14) Orientation to clinic floor, 5 hours.
(f)
For a student enrolled in a cosmetology program not offering the 1500
hours in a career and technical program within a high school with 84 minutes a
day block, or more, in addition to Bar 301.03 (e), the maximum apprenticeship
hours shall be no more than 35 hours as follows:
(1) Perm wrapping, 20 hours; and
(2) Color application, 15 hours.
(g)
A career and technical high school student apprentice enrolled in a 360 hour maximum program shall be required to take an exam
in order to obtain the hours in subjects described in Bar 301.03(e) and (f).
The passing grade shall be 75%.
(h)
If the student apprentice enrolled in a 360 hour
maximum program passes the examination, he or she shall receive the hours
described in Bar 301.03(e) and (f) for the subject portion of the written exam
passed.
(i) If the student apprentice enrolled in a 360 hour maximum program fails the examination, he or she
shall not receive the hours described in Bar 301.03(e) and (f) for the subject
portion of the written exam failed.
(j)
At the discretion of the receiving school a career and technical high
school student apprentice may transfer hours, previously acquired at the career
and technical high school program.
(k)
The written exam that was
administered by the career and technical high school shall be forwarded to the
applicant’s post-secondary school of
choice.
(l)
A career and technical high school student apprentice enrolled in a
program offering at least a 3-year 1500 hour course
shall receive the following types of instruction:
(1) Shampooing;
(2) Hairstyling and shaping;
(3) Hair coloring, including, temporary,
semi-permanent, and permanent;
(4) Chemical waving and straightening;
(5) Hair analysis and scalp treatments;
(6) Basic skin care including facials, hair
removal, and contraindications;
(7) Wigs, extensions, and enhancements;
(8) Manicuring and pedicuring;
(9) Infection control;
(10) Bacteriology, safety, and disinfection;
(11) Professional development;
(12) Business management and sales;
(13) Artificial nails and enhancements;
(14) Reflexology as it relates to cosmetology
services;
(15) Textbook theory; and
(16) State laws.
(o)
A shop apprentice's hours shall not be transferable to a school. A
student apprentice's hours shall not be transferable to a shop.
(p) A shop apprentice may transfer to another shop
apprenticeship. A student apprentice may transfer to another school.
(m)
If an apprentice wishes to transfer to, or re-enroll in another apprenticeship, the apprentice shall
reapply in accordance with Bar 301.01, and attach a letter stating that he or
she is a transfer or re-enroll
apprentice. When transferring or re-enrolling in an apprenticeship,
the apprentice shall reapply within 12 months of the termination date of the
initial apprenticeship in order to maintain all of his
or her accumulated hours. If an
apprentice reapplies after 12 months, but before 24 months, he or she shall
maintain half of his or her accumulated hours. If an apprentice reapplies after
24 months he or she shall not maintain any of his or her accumulated hours.
(n)
Apprentices shall sanitize and
disinfect areas of the school or salon where there might be a threat to
the health of the apprentice or the general public.
(o)
Any post-secondary school that wishes to implement online education
shall clearly state in the student apprentice contract that other schools or
states might not recognize any online education hours obtained.
(p)
The school shall determine if prospective student apprentices possess
the skills and comprehension necessary to succeed in an online education
environment and maintain in each student’s record documentation of the method
used to determine the student’s skill and comprehension.
(q)
The school shall track and record the student’s progression in the
online education course(s).
(r)
The school shall ensure the student demonstrates participation in the
online education course(s).
(s)
The school shall administer a test at the mid-point and at the end of
each online education course. The testing shall be done in person at the
school.
(t)
Online instruction shall be limited to the theory portion only and no
more than 25% of the total course.
(u)
No practical or clinical instruction shall be permitted through online
education.
(v)
The school shall make available to student apprentices and instructors
access to technical support for the online educational course(s) or program(s).
(w)
The school shall be responsible for the quality of the courses of study
and programs offered through online education and traditional methods of study.
(x)
After successfully completing 800 hours of barber training or 1500 hours
of cosmetology training in a licensed school, the alternate program may grant
an individual up to 500 advanced placement hours towards training in the
alternate program.
(y)
Advanced placement hours shall be granted in the following areas according
to the school policy:
(1) Microbiology and infection control;
(2) Implements, tools, and equipment;
(3) Anatomy and physiology;
(4) Chemistry;
(5) Electricity and light therapy;
(6) Properties and disorders of the skin;
(7) Properties and disorders of the scalp and
hair;
(8) Treatments of the hair and scalp;
(9)
Facial massage;
(10) Haircutting;
(11) Styling;
(12) Chemical texturizing;
(13) Hair coloring and lightening;
(14) Business and job search; and
(15) State law and regulations.
Source. #1879, eff 12-3-81; ss by #2539, eff
11-18-83; amd by #2778, eff 7-24-84; ss by #4814, eff
5-16-90; ss by #5308, eff 1-16-92; ss by #5772, eff 1-11-94; ss by #6046-b, eff
6-1-95; ss by #6577, eff 9-13-97; amd by #7436, eff
1-26-01; ss by #7555, eff 9-12-01; ss by #7828, eff 2-13-03; ss by #8097, eff
6-11-04; ss by #8655, eff 6-9-06; amd by #9047, eff
12-12-07; amd by #9652, eff 2-3-10; ss by #10144, eff
6-7-12; ss by #10412-B, eff 9-19-13; ss by #11055, eff 3-18-16; ss by #13018,
EMERGENCY RULE, eff 4-7-20, EXPIRED: 10-4-20
Bar
301.04 Instructors of Apprentices.
(a) Each apprentice shall receive his or her
instruction from a cosmetologist, barber, esthetician, manicurist, or master
barber who is a licensed instructor in accordance with Bar 301.08 or Bar 301.01
(f).
(b) An instructor license shall expire in
accordance with RSA 313-A:20.
(c) A shop instructor shall keep a monthly record
of the apprentice's attendance on a sheet provided by the board, including:
(1) The
name of the apprentice;
(2) The
name and address of the shop;
(3) The
apprentice licensure date;
(4) The
month and year for which the record is being submitted;
(5) The
total number of hours completed during the apprenticeship;
(6) The
signature of the shop instructor; and
(7) The
signature of the shop apprentice.
(d) The shop instructor shall submit the monthly
record of attendance to the board no later than the 15th of the next following
month.
(e) Instructors shall administer written, oral,
or practical tests pertaining to Bar 301.03(c). The tests shall be graded and reviewed with the students
promptly. Each apprentice shall be tested at least once a month. Shop
instructors shall send a copy of each completed and corrected test to the board
along with the monthly record of attendance in accordance with Bar 301.04(e).
(f)
Shop instructors shall prohibit a shop apprentice being instructed in master
barbering or cosmetology from practicing on a paying customer until the
apprentice has completed at least 3 months and 400 hours of the apprenticeship.
A licensed barber apprenticing to obtain a cosmetology license, or a
cosmetologist apprenticing to obtain a barber license, may practice on a client
immediately.
(g) Shop instructors shall prohibit a shop
apprentice being instructed in barbering or esthetics, unless the apprentice is
a licensed cosmetologist, from practicing barbering or esthetics on a paying
customer until the apprentice has completed at least 150 hours of the
apprenticeship.
(h) Shop instructors shall ensure that a shop
apprentice being instructed in manicuring does not practice manicuring on a
paying customer until the apprentice has completed at least 50 hours.
(i) All shops with an
apprentice practicing on paying customers shall have the apprentice wear a name
tag. The name tag shall state "Apprentice".
(j) Except as prohibited by RSA 313-A and these
rules, the instructor shall assign paying customer services to the apprentice.
(k) The instructor shall provide each apprentice
with at least 2 written progress reports during each course. The reports shall
evaluate the apprentice's theory and practical work, and attendance.
Instructors shall be available to discuss the reports and the apprentice’s
progress in the course.
(l) Related theory and practice shall precede
clinic activities, and apprentices shall have demonstrated competence in both
theory and practice before being allowed to participate in such activities.
Instruction in theory and practice shall not be replaced by the clinic or working
on paying customers, and apprentices shall not be excused from scheduled
classes to work in the clinic or on paying customers.
(m) A shop instructor shall be readily
accessible, in the shop, to the shop apprentice at all times
during professional services on a client within the first 50% of hours required
by Bar 301.03 (b).
(n) Once the shop apprentice has completed over 50%
of the hours required by Bar 301.03 (b) and is in compliance
with Bar 301.04(m), the shop apprentice shall have direct access to a
licensee when providing professional services on a client.
(o) An esthetician apprentice shall have completed
at least 400 hours prior to the application of any cosmetic exfoliation
chemical.
(p) The shop instructor shall be
with the esthetician apprentice at all times during the application of
any cosmetic exfoliation chemical.
Source. #1879, eff 12-3-81; ss by #2539, eff
11-18-83; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #5772, eff
1-11-94; ss by #6046-b, eff 6-1-95; ss by #6577, eff 9-13-97; ss by #7555, eff
9-12-01; ss by #7828, eff 2-13-03; ss by #8097, eff 6-11-04; ss by #8655, eff 6-9-06;
amd by #9047, eff 12-12-07; ss by #11055, eff 3-18-16
Bar 301.05 Apprentice
Termination.
(a) An instructor or
an apprentice may terminate an apprenticeship at any time upon written
notification to the board. The instructor
and the apprentice shall notify the board within 5 business days of the
termination date.
(b)
The written notification of termination
required by (a), above, shall include, if it is from the:
(1)
Instructor:
a. The
apprentice's name;
b. The
shop or school name, address, and telephone number;
c. The date
of termination; and
d. The
monthly record of attendance up to the termination date; and
(2) Apprentice,
all items in (b)(1) a. through c, above.
(c) When a shop apprenticeship is terminated by
the apprentice, in accordance with Bar 301.05(a), the board shall write to the
shop instructor informing the instructor of the termination and requiring the
instructor to forward all outstanding monthly records of attendance. Upon receipt of the board's letter, the shop
instructor shall forward the information immediately to the board.
(d) When the apprenticeship is terminated by the
instructor, in accordance with Bar 301.05(a), the board shall write to the
apprentice informing the apprentice of the termination.
(e) An apprentice
who does not complete an apprenticeship may apply again, at any time, for
registration as an apprentice in accordance with RSA 313-A:24 and Bar
301.01. Previously accumulated hours
shall be maintained in accordance with Bar 301.03(o) or (p).
Source. #2613, eff 2-3-84; ss by #4393, eff 3-31-88;
ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #6046-b, eff 6-1-95;
ss by #6577, eff 9-13-97; ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06,
EXPIRED: 6-9-14
New. #10808, eff 4-2-15
Bar
301.06 Completion of Apprenticeship. The apprentice shall complete and file an
application for licensure in accordance with Bar 301.07(b) upon completion of
the apprenticeship.
Source. #5308, eff 1-16-92; ss by #6046-b, eff 6-1-95;
ss by #6577, eff 9-13-97; ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06,
EXPIRED: 6-9-14
New. #10808, eff 4-2-15
Bar 301.07 Barber, Cosmetologist, Esthetician,
Manicurist and Master Barber Application.
(a)
Upon the board's receipt of a request for an application for licensure
by exam, the board or testing agency shall send the “Exam Application Form”,
effective October 2017, and the “Initial
Application for Licensure” form, effective October 2017, to the applicant.
(b)
Each applicant applying for a barber, cosmetologist, esthetician, manicurist,
or master barber exam shall
supply the following on the “Initial Application for Licensure” form:
(1) The applicant’s name, address, and telephone
number;
(2) The applicant’s month of birth;
(3) The type of license being requested:
a. Barber;
b. Cosmetologist;
c. Esthetician;
d. Manicurist; or
e. Master barber; and
(4) The applicant’s signature and date.
(c)
In addition to the requirements in Bar 301.07(b), the applicant shall
attach a copy of the applicant’s high school diploma or its equivalent.
(d) Individuals who have completed the required
number of hours in accordance with Bar 301.03 in an out-of-state school
approved by that state may apply for the exam.
In addition to the requirements in Bar 301.07 (b) and (c) the out of state student shall provide a letter
verifying school training, sent out by the applicant's state board.
(e)
The letter required by (d), above, shall state or include:
(1) The name of the board or agency and the state
where the apprenticeship took place;
(2) The name of the applicant;
(3) The name of the school or shop and the
address where the apprenticeship was completed;
(4) Apprenticeship enrollment date;
(5) Apprenticeship completion date;
(6) The total number of apprenticeship hours
completed;
(7) The date, signature and title of the person writing the letter; and
(8) The board or agency seal.
(f)
The board shall approve or deny an application in accordance with Bar
301.02.
(g)
The board shall approve an application and issue a temporary permit if:
(1) The applicant has completed an apprenticeship
in accordance with Bar 301.03;
(2) The applicant has submitted
an application in accordance with Bar 301.01(b) and (c);
(3) The application was approved in accordance
with RSA 313-A:18, I; and
(4) The applicant is deemed to be of good
professional character.
(h)
An applicant working under a temporary permit shall have immediate
access to a licensee when providing professional services on a client.
(i) The board shall provide notification to the
applicant of the examination in accordance with Bar 303.02(a).
(j)
The temporary permit shall expire in accordance with RSA 313-A:18, II.
(k)
The board shall deny an application if:
(1) If the application is not completed in
accordance with Bar 301.07(b) and (c);
(2) The applicant has not completed an
apprenticeship, in accordance with Bar 301.03; or
(3) The applicant is deemed not to be of good
professional character.
(l)
If the board denies an
application pursuant to (k), above, the board shall return the application to
the applicant with all attachments and a letter. The letter shall be in accordance with Bar
301.02(g).
Source. #6577, eff 9-13-97 (from Bar 302.01); ss by
#7555, eff 9-12-01; ss by #8655, eff 6-9-06; amd by
#9047, eff
12-12-07; amd by #9652, eff 2-3-10; paras. (c)-(l)
EXPIRED: 6-19-14; paras. (a) & (b) EXPIRED: 12-12-15; ss by #12085,
INTERIM, eff 1-14-17, EXPIRES: 7-13-17; amd by #12226,
eff 6-30-17; ss by #12413, eff 11-1-17
Bar
301.08 Application for A School
Instructor License.
(a) Each applicant for an instructor's license
shall:
(1) Be
currently licensed as a barber, cosmetologist, esthetician, manicurist, or master
barber; and
(2)
Have completed the following:
a. At least 800 hours of instructor training
in a school for master barbering and cosmetology, 700 hours of instructor
training in a school for esthetics or barbering, or 550 hours of instructor training
in a school for manicuring;
b. At
least 12 months of actual employment in a shop and have completed 500 hours of
instructor training in a school for master barbering and cosmetology, 400 hours
of instructor training in a school for esthetics or barbering, or 250 hours of
instructor training in a school for manicuring; or
c. At
least 8 years of actual employment in a shop.
(b) In addition to the requirements in Bar
301.07(b)(1) through (4), the applicant shall submit the following:
(1) A
copy of the applicant’s current cosmetology, barber, manicurist, esthetician,
or master barber license;
(2)
Proof of 8 years’ work experience or 12 months’ work experience in
accordance with Bar 305.01 (c), in a shop licensed pursuant to RSA 313-A:19;
and
(3) A
copy of the hours in accordance with Bar 301.08(a)(2) as a student instructor
in accordance with Bar 302.06(k), if applicable.
(c) Applicants shall pass a written and practical
examination in accordance with Bar 303.03(a), and Bar 303.06, to obtain a
school instructor’s license.
(d)
If the applicant meets the requirements
of (a) and (b) above, the applicant shall be issued a temporary permit in
accordance with RSA 313-A:18.
(e) An applicant working under a temporary
instructor permit shall have a licensed instructor in the same room while
instructing a class.
(f) The board shall deny an application if:
(1) The
applicant does not meet the requirements of (a) and (b) above; or
(2) The
applicant is deemed not to be of good professional character, after considering
the factors contained in Bar 301.02 (d).
(g) If the board denies an application
pursuant to Bar 301.07 (k), the board shall return the application to the
applicant with all attachments and a letter. The letter shall be in accordance
with Bar 301.02(g).
Source. #6577, eff 9-13-97 (from Bar 302.02); amd by #7324, eff 7-26-00; ss by #7555, eff 9-12-01; ss by
#8655, eff 6-9-06; amd by #9047, eff 12-12-07; paras.
(c)-(g) EXPIRED: 6-9-14; ss by #10808, eff 4-2-15; ss by #11055, eff 3-18-16
Bar 301.09 Application for a Shop License.
(a) Each applicant applying for a shop license in
accordance with RSA 313-A:19 shall submit an application
on a form provided by the board, as specified in (b)below.
(b)
The applicant shall submit the following to the board on or with the
application for a shop license:
(1) The name and address of the shop, in accordance
with RSA 313-A:19, I;
(2) The name and address of the shop owner, in accordance
with RSA 313-A:19, I;
(3) The owner's barber, cosmetologist, esthetician, manicurist
or master barber license if applicable;
(4) The name and address of the shop manager if
applicable;
(5) The manager's barber,
cosmetologist, esthetician, manicurist or master
barber license if applicable;
(6) Signature of the shop owner and current date;
(7) Signature of the manager, if applicable, and
current date; and
(8)
A check, money order, or cash in the amount
of $60.00.
(c)
In addition to the requirements of Bar 301.09 (b) the applicant, and
manager if applicable, shall complete the same information as required by Bar
301.01 (b) (5) and (b) (6).
(d)
Each applicant applying for a shop license in accordance with RSA
313-A:19, II, to independently operate a booth within a shop, shall submit an application on a form supplied by the board, as
specified in (e), below.
(e)
The applicant shall submit the following on or with the application for
a booth rental license:
(1) The name and address of shop;
(2) The same information as required by Bar
301.01 (b) (5) and (b) (6);
(3) The applicant's signature and current date;
and
(4)
A check, money order, or cash in the amount of $50.00.
(f) Upon receipt of a completed application in
accordance with (b) or (d) above, the board shall contact the applicant by
phone to set up a date and time of the inspection and requiring the booth
renter, shop owner, and if applicable, manager to be present at the shop during
the inspection.
(g) A prior shop owner shall not
require an inspection for an initial booth rental application.
(h) If, upon inspection pursuant
to Bar 404.01, the inspector finds that the shop is in
compliance with RSA 313-A and Bar 404.02(a), the board shall issue a
shop license.
(i)
The board shall deny an application if:
(1) The applicant does not meet the requirements
of (b) and (d) above;
(2) The inspector finds the shop is not in
compliance with RSA 313-A or Bar 404.01(a);
(3)
The applicant is deemed not to be of good professional character;
(4) There is pending discipline against the shop
license, shop owner’s personal license(s), or the applicant’s shop or personal
license(s); or
(5) The application contains fraudulent or
deceitful information.
(j) If the board denies an
application pursuant to (i), above, the board shall
return the application to the applicant with all attachments and a letter. The letter shall be in accordance with Bar
301.02(g).
Source. #6577, eff 9-13-97 (from Bar 302.03); ss by
#7555, eff 9-12-01; ss by #8655, eff 6-9-06; amd by
#8753, eff 11-27-06; amd by #9047, eff 12-12-07; amd by #9455-B, eff4-14-09; amd
by #9652, eff 2-3-10; ss by #10412-B, eff
9-19-13; ss by #10653, eff 8-7-14; ss by #10808, eff 4-2-15
Bar 301.10 Application for a School License.
(a)
Each applicant applying for a barber, cosmetology, esthetic, manicuring
or master barber school license shall submit an application
on a form provided by the board.
(b)
The applicant shall submit the following to the board on or with the
application for a school license:
(1) The name and address of the school;
(2) A detailed floor plan of the entire school
showing arrangement of class rooms and placement of
equipment;
(3) A list of equipment for each type of license;
(4) The school curriculum for each course;
(5) The owner's barber, cosmetologist, esthetician,
manicurist or master barber instructor license number,
if applicable;
(6) The name and address of the instructor, if applicable;
(7) Proof of one year of work experience as an
instructor in accordance with Bar 305.01 (c)(1) through (5);
(8) Indicate the type of school such as barber,
cosmetology, esthetics or manicuring;
(9) Signature of the instructor, if applicable,
and current date;
(10) The signature of the school owner and
the current date; and
(11) A check, money order, or cash in the amount
of $150.00 for each type of school license;
(c)
Upon receipt of a completed application in accordance with (b) above,
the board shall contact the applicant by phone to set up a date and time of the
inspection and requiring the owner to be present at the school during the
inspection.
(d)
If, upon inspection pursuant to Bar 404.01, the inspector finds
that the school is in compliance with RSA 313-A or Bar
404.02(a), the board shall issue a school license.
(e)
The board shall deny an application if:
(1) The application is not completed in accordance
with (b) above;
(2) The inspector finds the school is not in compliance
with RSA 313-A or Bar 404.01(a); or
(3) The applicant is deemed not to be of good
professional character.
(f)
If the board denies an application pursuant to (e), above, the board
shall return the application to the applicant with all attachments and a
letter. The letter shall be in
accordance with Bar 301.02(g).
Source. #6577, eff 9-13-97 (from Bar 302.04); ss by #7555,
eff 9-12-01; ss by #8655, eff 6-9-06; amd by #8753,
eff 11-27-06; amd by #9047, eff 12-12-07; amd by #9652, eff 2-3-10; paragraphs. (d)-(f) EXPIRED:
6-26-14 pursuant to RSA 541-A:14-a, III; ss by #10653, eff 8-7-14
PART
Bar 302 QUALIFICATIONS
Bar 302.01 School Equipment.
(a)
The school shall make available to students textbooks, supplementary
instructional materials, and equipment needed to fulfill course requirements.
(b)
The school shall provide students and teachers with access to current reference
materials that may include, but are not limited to, such formats as books,
periodicals and other written matter, audio-visual equipment and materials,
digital media, and online education platforms to support the educational
program(s). Equipment for producing digital and paper copies of supplementary
instructional materials shall be available.
(c)
Classroom and demonstration areas shall be shielded from visual and
auditory distractions allowing students to see and hear instruction clearly.
(d)
Classrooms for theory instruction shall have sufficient tables or desks
and chairs to serve all students assembled at one time.
(e)
The school shall make available:
(1) Drinking water from sanitary fixtures;
(2) Lavatories with hot and cold running water
maintained in sanitary condition;
(3) Fire extinguishers maintained in operable
condition;
(4) First aid supplies;
(5) Emergency evacuation plans to staff and
students; and
(6) Training to staff in emergency procedures.
(f)
The school shall provide a clinic area used exclusively as a training
facility.
(g)
The clinic area shall contain the following:
(1) Sufficient stations and resources to meet the
training needs of all students scheduled for clinic work at the same time;
(2) One sink with hot and cold running water for
hand washing; and
(3) A sign clearly indicating that all work is
performed by supervised students posted in a place easily seen by clinic
patrons.
(h) Products and supplies needed for laboratory
work shall be provided by the school.
(i) All advertising for clinic services shall
state clearly that the work is performed by supervised students.
(j)
When a school and a shop are under the same ownership or otherwise are
associated, separate operation of the shop and school shall be maintained as
follows:
(1) If the school and shop are located
in the same building, separate entrances and visitor reception areas
shall be maintained; and
(2) The school and shop shall have separate
public information releases, advertisements, names, and advertising signs.
Source. #1879, eff 12-3-81; amd
by #2040, eff 6-3-82; ss by #2539, eff 11-18-83; amd
by #2613, eff 1-3-84; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by
#6046-b, eff 6-1-95; ss and moved by #6577, eff 9-13-97 (from Bar 303.01); ss
by #7555, eff 9-12-01; amd by #7828, eff 2-13-03; ss
by #8655, eff 6-9-06; amd by #9047, eff 12-12-07; ss by
#11055, eff 3-18-16
Bar 302.02 Shop and Licensee Equipment.
(a)
A barber, cosmetology, esthetics, or manicuring shop shall have
equipment necessary to safely perform barber, cosmetology, esthetics, or
manicuring services.
(b)
All shampoo services shall be performed in a shampoo sink.
Source. #2613, eff 2-3-84; ss by #4814, eff 5-16-90;
ss by #5308, eff 1-16-92; ss by #5772, eff 1-11-94; ss by #6046-b, eff 6-1-95;
ss and moved by #6577, eff 9-13-97 (from Bar 303.02); amd
by #7323, eff 7-26-00; ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06; amd by #9047, eff 12-12-07; ss by #10412-B, eff 9-19-13; ss
by #13728, eff 10-20-23
Bar 302.03 Schools and Shops Square Footage.
(a)
Space allocated for a cosmetology school shall be at least 1,500 square
feet, and esthetic, manicuring barbering and master barber school shall
be at least 1,000 square feet used exclusively for teaching of cosmetology,
esthetics, barbering master barber and/or manicuring.
(b)
A shop shall be at least 144 square feet including the lavatory area and
reception area.
Source. #5308, eff 1-16-92; ss by #6046-b, eff
6-1-95; ss and moved by #6577, eff 9-13-97 (from Bar 303.03); ss by #7555, eff
9-12-01; ss by #8655, eff 6-9-06; amd by #9047, eff
12-12-07; para (b) EXPIRED: 6-9-14; para (a)
EXPIRED: 12-12-15
New. #12085, INTERIM, eff 1-14-17, EXPIRED:
7-13-17
New. #12412, eff 11-1-17
Bar 302.04 Independently Operating Booths Equipment. A licensee wishing to obtain a shop license
in accordance with RSA 313-A:19, II, to operate an independently owned booth
shall apply for a license in accordance with Bar 301.09(b). The booth shall be located in a shop already licensed in accordance
with RSA 313-A:19, I.
Source. #5308, eff 1-16-92; ss by #6046-b, eff 6-1-95;
ss and moved by #6577, eff 9-13-97 (from Bar 303.04); ss by #7555, eff 9-12-01;
ss by #8655, eff 6-9-06; ss by #10412-B, eff
9-19-13; ss by #13728, eff 10-20-23
Bar 302.05 School and Shop Additional Requirements.
(a)
As used in this section, “whirlpool, foot spa, or spa” means any basin
using circulating water.
(b)
Upon change of ownership or relocation of a shop or school, the owner
shall notify the board, in writing at least 21 days prior to new ownership or
relocation. The new owner or an owner
relocating his or her shop shall submit a “Shop Application” in accordance with
Bar 301.09 and an inspection shall be required in accordance with Bar 404.01.
(c)
The entrance to the shop or school shall be either from the outside or
from a common hallway. Access to the
shop or school shall not be through any living quarters.
(d)
Lavatory facilities shall be publicly accessible to all students,
patrons, and employees.
(e)
Mechanical ventilation shall be provided by a method of supply air and
return or exhaust air in all schools and shops, with a minimum exchange rate of
35 cubic feet per minute.
(f)
All schools and shops shall have at least one covered container for
disinfected implements.
(g)
A school or shop shall have a
disinfecting container.
(h)
All schools and shops shall keep their floors, walls, woodwork,
ceilings, furniture, furnishing, and fixtures clean.
(i) Each shop or school shall have hot and cold
running water.
(j) If a school or shop ceases to do business, the
licensee shall notify the board immediately.
(k)
If a school or shop chooses to have an animal present in the school or
shop, a sign indicating the type of animal, such as dog, cat, or bird, shall be
clearly displayed and readable at the entrance to the school or shop.
(l)
The entrance to the shop or school shall be clearly marked.
(m)
The shop or school shall have safety data sheets (SDS) required by the
Occupational Safety Health Administration (OSHA) under 29 CFR 1910.1200 (g) for
products being used.
(n)
If a licensee chooses to advertise, the licensee shall not advertise or
solicit clients in any form of communication in a manner that is false or misleading.
(o)
A licensee shall not defraud another person.
(p)
After each patron, each whirlpool, foot spa, or spa shall be cleaned and
disinfected as follows:
(1) All water shall be drained and all debris removed
from the spa basin;
(2) The spa basin shall be disinfected by
filling spa basin with water and by circulating:
a. Two tablespoons of automatic dishwashing powder and ¼ cup of 5.25%
chlorine bleach to one gallon of water through the unit for 10 minutes; or
b. Surfactant or enzymatic soap with an EPA-registered disinfectant
with bactericidal, fungicidal, and viricidal activity which is used according
to manufacturer’s instructions through the unit for 10 minutes;
(3) The spa basin shall be drained and rinsed
with clean water; and
(4) The spa basin shall be wiped dry with a clean
towel.
(q)
At the end of each day, each whirlpool, foot spa, or spa shall be
cleaned and disinfected as follows:
(1) The screen shall be removed and all debris
trapped behind the screen removed;
(2) The screen and the inlet shall be washed with
surfactant or enzymatic soap or detergent and rinsed with clean water;
(3) Before replacing the screen, one of the
following procedures shall be performed:
a. The screen shall be totally
immersed in a chlorine bleach solution of ¼ cup of 5.25% chlorine bleach to one gallon of water for 10 minutes; or
b. The screen shall be totally immersed in an EPA-registered disinfectant with
bactericidal, fungicidal, and virucidal activity, and used in accordance to the manufacturer’s instructions for 10 minutes;
(4) The inlet and area behind the screen shall be
cleaned with a brush and surfactant soap and water to remove all visible
debris and residue; and
(5) The spa system shall be flushed with low-sudsing surfactant or enzymatic soap and warm water
for at least 10 minutes, and then rinsed and drained.
(r)
Every week, after cleaning and disinfecting pursuant to (q) and (r) above
each whirlpool, foot spa, or spa shall be cleaned and disinfected in the
following manner:
(1) The whirlpool, foot spa, or spa basin shall
be filled completely with water and ¼ cup of 5.25% bleach for each one gallon
of water;
(2) The whirlpool, foot spa, or spa system shall
be flushed with the bleach and water solution pursuant to (r) (3),
above, for 10 minutes and allowed to sit for 6 to 10 hours; and
(3) Whirlpool, foot spa, or spa system shall be
drained and flushed with water before use by a patron.
(s)
Pipeless pedicure units shall be sanitized and
disinfected after each use with an EPA-registered disinfectant according to
manufacturers’ instructions.
(t)
A record shall be made of the date and time of each cleaning and
disinfecting as required by (q) and (r) above, including whether the cleaning
was a daily or weekly cleaning.
(u)
The record pursuant to (t) above shall be made available upon request by
either a patron or inspector.
(v)
The water in a vaporizer machine shall be emptied daily and the unit
disinfected.
(w)
Each shop or school shall comply with applicable local and state
plumbing, electrical, and building codes.
(x)
All needles, lancets, or other products containing potential blood borne
pathogens shall be properly disposed in accordance with OSHA under 29 CFR 1910-1030.
(y)
Shops required to have a manager shall notify the board immediately if
the current manager leaves and assign a new manager as required by RSA 313-A:19,
IV.
(z)
The notification required by (y), above, shall include the manager’s requirement
as follows:
(1) Complete the same information as required by Bar 301.01(b)(5) and (b)(6); and
(2) Write a signed and dated
letter from the new manager indicating they will accept the manager’s position.
(aa)
Prior to relocation of an independently operated booth, the booth renter
shall notify the board, in writing. The
booth renter relocating his or her booth shall submit a “Booth Rental
Application” in accordance with Bar 301.09 (e).
If the application is in compliance with Bar
301.09 (e) the board shall issue a new booth license.
(ab)
A master barber or barber wanting a mobile barbershop shall be licensed
in the same manner as a shop and follow all shop and licensee requirements.
(ac)
A shop owner shall not change the name of a shop pending disciplinary
action against the shop license or during any probationary period on the shop
license.
(ad)
Shop applicants with a shop located in a residence shall submit a floor
plan. The floor plan shall include a detailed plan showing the entrance to the
shop, location of restroom, treatment room, dispensary or equipment area, and
reception area if any.
(ae)
Floor plans for shops located within a residence shall not be altered
after inspection and license issuance unless approved by the board.
(af) An individual requesting a new floor plan
shall also file a new shop application with the floor plan,
and shall be inspected pursuant to Bar 404.01.
(ag) All containers with chemicals shall be labeled,
marked, or tagged with information specified by OSHA in 29 CFR 1910.1200(f)(6)(i) through (ii).
(ah) All product not in
original containers shall be labeled, marked, or tagged with the product name.
(ai) All shops shall have an
emergency eyewash station for use that is immediately accessible to everyone.
(aj)
All employees and booth renters, if applicable, shall be notified where
the eyewash station is. The eyewash station shall be clearly marked.
(ak)
As used in this section, “emergency eyewash station” means either:
(1) An unexpired, FDA-compliant portable eyewash kit or station; or
(2) A plumbed-in eyewash station.
Source. #6577, eff 9-13-97 (from Bar 304.01); amd by #7323, eff 7-26-00; ss by #7555, eff 9-12-01); ss by
#7555, eff 9-12-01; ss by #8655, eff 6-9-06; amd by
#9455-B, eff
4-14-09; amd by #9652, eff 2-3-10; ss by #10412-B,
eff
9-19-13; ss by #10653, eff 8-7-14; ss by #10808, eff 4-2-15; ss by #13205, eff
5-13-21
Bar 302.06 School Operational Requirements.
(a)
Each school shall employ at least one instructor for every 20
apprentices.
(b)
Each school shall provide or make accessible to each student text books
and tools to meet the needs of the curriculum.
(c)
A school shall ensure that each apprentice wears a lab coat or uniform.
(d)
A school shall keep a record of each student apprentice's attendance which
includes:
(1) The name of the apprentice;
(2) The name and address of the school;
(3) The total number of hours completed during
the apprenticeship;
(4) The signature of the designated time keeper; and
(5) The signature of the student apprentice.
(e)
The school shall forward the record of attendance to the board within 10
business days of a graduation or termination if all the student apprentice
academic and financial obligations to the school have been satisfied.
(f)
Each school offering student instructor training shall send a letter to
the board which includes the:
(1) Name and address of the school;
(2) Curriculum being used; and
(3) Student instructor’s name, address, and
current license number.
(g)
The school shall enroll only New Hampshire barber, cosmetology, esthetician,
manicuring or master barber
licensees into the student instructor program.
(h)
Each school shall require that a student instructor take courses in at
least the following:
(1) Observation theory;
(2) Teaching techniques;
(3) Motivation;
(4) Business management;
(5) Student relations;
(6) Testing and lesson planning;
(7) Student teaching-theory;
(8) Student teaching-practical; and
(9) Shop internship.
(i) Schools offering a student instructor course
shall have books covering subjects listed in Bar 302.06(h).
(j)
A student instructor shall be under the direct
supervision of a licensed instructor at all times.
(k)
Each school offering a student instructor course shall issue a certificate
to the student instructor at the completion of the hours required by Bar 301.08(a)
(2) a. or b. which includes the:
(1) Name of the school;
(2) Licensee names;
(3) Number of hours completed; and
(4) Signature of the owner of the school and
current date.
(l)
Each school shall inform the student instructor that an application for
licensure in accordance with Bar 301.08, shall be completed and filed upon completion of the student
instructor training program.
(m)
A school instructor shall be readily accessible, in the school, to the
student instructor apprentices at all times during classroom or professional service
on a client. During classroom or clinic
hours school instructors shall devote their time to instructing student apprentices and shall not perform any
service on a paying client except during the performance of their duties as an
instructor.
(n)
Schools shall give a copy of their rules to each student apprentice.
(o)
Every school shall have a dispensary, clinic area, classroom, and
office.
(p)
Each school shall display at least one permanent sign indicating the
type of school such as, barber, cosmetology, esthetics, or manicuring. The sign shall clearly identify the school as
an education institution.
(q)
The school shall have a published mission statement including a
statement that students will be prepared for a career in barbering, cosmetology,
esthetics, or manicuring.
(r)
The mission statement required by (q), above, shall be published in the
school’s catalog.
(s)
The school shall assess the achievements of its programs and students on the basis of:
(1) The pass rate on examination for schools
offering full programs for licensure to practice;
(2) The rates of employment in job related
industry and placement in postsecondary schools;
(3) The individual school’s program completion
rates; and
(4) The comments and suggestions regularly
solicited from students, graduates and employers of
graduates.
(t)
The school shall meet or exceed the following outcomes:
(1) A program completion rate of at least 50%;
(2) A pass rate on state licensing examination of
at least 70% for schools offering full program(s); and
(3) A placement rate of eligible students in
postsecondary school or industry related employment of at least 60%.
(u)
The institution shall use its assessments and other appropriate
information in formulating plans to maintain and improve its educational and
student support services, and to modify its objectives to meet new
circumstances and needs.
(v)
The school shall have N. H. licensed substitute instructors who are familiar
with the school's curriculum, policies and procedures
available for instruction when needed.
(w)
The school shall allow the instructors to have the opportunity to
prepare for class, evaluate students' progress in the course, counsel students
individually, and participate in activities of continuing education.
(x)
School attendance policies shall:
(1) Give appropriate attendance credit for all
hours attended;
(2) Not add or deduct attendance hours as a
reward or penalty;
(3) Round actual attendance hours to no more than
the nearest quarter hour; and
(4) Give hour credit only for hours obtained
within the school curriculum or under the direct supervision of a school
instructor.
(y)
The school shall provide each student before enrollment with written
information accurately describing:
(1) Placement rates of the school's graduates;
(2) Compensation a successful graduate can
reasonably expect;
(3) The physical demands of practicing the profession;
(4) Licensing requirements for the jurisdiction
in which the school is located, or for which it is preparing graduates;
(5) Completion rates for students in the school;
and
(6) Pass/fail rates of school graduates on
licensing examinations.
(z)
The school shall provide a copy of the enrollment agreement to the
student or legal guardian if the student is a dependent minor. The agreement shall give complete information
on the total cost of the program.
Source. #6577, eff 9-13-97 (from Bar 304.02); amd by #7324, eff 7-26-00; ss by #7555, eff 9-12-01; ss by
#8097, eff 6-11-04; ss by #8655, eff 6-9-06; amd by
#9047, eff 12-12-07; amd by #9536, eff 9-2-09; paras
(a)-(d), (f), (h)-(x), and (z)-(ab) EXPIRED: 6-9-14; para (g) EXPIRED: 12-12-15;
ss by #12085, INTERIM, eff 1-14-17, EXPIRED: 7-13-17
New. #12413, eff 11-1-17
Bar 302.07 Licensee.
(a) Each licensee shall wash his or her hands
immediately before attending to a patron.
(b) Shampoo bowls shall be sanitized and disinfected after each use.
(c) The licensee shall be responsible for
compliance with the following requirements:
(1) All non-electrical implements shall be
sanitized and disinfected after each use on a person and shall be kept in a dry
container or drawer. Combs and brushes shall not be placed in the licensee's
pocket at any time;
(2) The disinfection container(s) shall remain covered at all times;
(3) All implements that have been used on a patron
or soiled in any manner shall be placed in a closed container;
(4) All electrical implements which come into
direct contact with a client shall be disinfected before each use;
(5) All implements and supplies which come into
direct contact with a patron and cannot be disinfected such as cotton pads,
emery boards, sponges, and neck strips shall be disposed of after each use in a
closed container;
(6) After a towel has been used, it shall be
deposited in a container and not used until laundered;
(7) Creams and other semi-solid substances shall
be removed from containers with a clean spatula or similar article without
allowing such implements to come in contact with the
patron. Containers of cream, powder and other toilet preparations shall be
covered when not in use; and
(8) Implements which come in
contact with a patron shall be sanitized and disinfected after each use.
If a make-up brush or neck duster is used, it shall be disinfected after each
use.
(d) All licensees shall wear shoes and clothing.
(e) Each patron shall be covered with a cape. The
cape shall not come in direct contact with the patron’s neck, unless laundered
after each use.
(f) If the skin of the licensee or patron is
punctured, the licensee shall immediately do the following:
(1) Apply antiseptic and a
sterilized bandage;
(2) Make available to the patron
antiseptic and a sterilized bandage if still bleeding;
(3) Under both (1) and (2)
above, sanitize and disinfect
the implement and appliance in use at the time of the puncture before
proceeding; and
(4) Under both (1) and (2),
above, put on disposable gloves.
(g) A licensee shall not:
(1) Apply methyl methacrylate
(MMA) monomer on a person, or
have MMA available for use in the facility;
(2) Use product in any other
manner than that product’s intended use;
(3) Use a variable speed
electrical nail file on the natural nail unless it has been specifically
designed for use on the natural nail;
(4) Use a blade to remove any
corns, callouses, or skin, or have blades available for use in the facility;
(5) Diagnose any medical
condition or treat any medical condition unless referred by a physician;
(6) Provide any service within
the scope of practice unless they have received training prior to performing
the service;
(7) Perform services on a
client if the licensee has reason to believe the client has any of the following:
a. A communicable disease;
b. A contagious condition;
c. An inflamed, infected,
broken, raised or swollen skin or nail tissue; or
d. An open wound or sore in the area to be worked on that would contraindicate
the efficacy of the service;
(8) Use any adulterated
chemical exfoliating substances;
(9) Use carbolic acid, also
known as phenol, over 2% strength;
(10) Alter a license issued by
the board;
(11) Use an animal to perform
any service, including, but not limited to, worms, insects, fish, amphibians,
reptiles, birds, and mammals; or
(12) Use a dermaroller,
dermapen, plasma pen, or any microneedling device or
equipment which rolls or pulsates using needles or pins, or
have microneedling devices available for use in the facility.
(h) The licensee shall:
(1) Notify the board in writing
within 30 days of a name or address change by providing:
a. Old name and address;
b. Current name and address;
c. With name changes must
include a copy of official documentation, such as, a marriage license, court
paper, divorce decrees; and
d. Current license number;
(2) If he or she loses his or
her license, alters his or her license, or works in one or more location,
request a duplicate license by providing the following in writing:
a. His or her name and address;
b. The same information as required by Bar 301.01 (b) (5) and (b) (6); and
c. A check, money order, electronic payment, or cash in the amount of $15.00;
and
(3) When transferring his or
her license to another state, request a certificate of state licensure from the
board by providing the following in writing:
a. His or her name and address;
b. Name of the state to receive
the certificate of state licensure; and
c. A money order, electronic payment, or cash in the amount of $20.00.
(i) The board shall issue to the licensee the
following:
(1) A duplicate license within
30 days of receipt of request if the licensee has provided the information
pursuant to (h) (2), above; or
(2) A certificate of state
licensure within 14 days of receipt of a request if the license has provided
the information pursuant to (h) (3), above.
(j) All check(s) returned to the board shall be
subject to a penalty in accordance with RSA 6:11-a.
(k) A licensee who chooses to use an electrical
nail file shall have completed a certified program in the proper use of an
electrical nail file in a school licensed by the board or a certified program.
(l) The licensee shall provide a copy of the
certificate required by Bar 302.06(ab) above within 30 days of receiving it.
(m) After each service, the licensee shall ensure
that the surface(s) of all equipment that come in direct contact with client’s
skin, including manicuring tables, pedicure basin, mats, and cushions, shall be
sanitized.
(n) An esthetician shall complete additional
technical, hands-on training for each of the procedures or equipment in the
following:
(1) Cosmetic chemical
substances for exfoliation;
(2) Body therapies, including
manual or mechanical lymphatic drainage massage as it relates to skin
beautification;
(3) Microdermabrasion or
mechanical equipment for cosmetic exfoliation;
(4) Light therapy devices;
(5) Ultrasonic devices;
(6) Microcurrent devices;
(7) FDA registered Class I and
II devices; and
(8) Radiofrequency devices.
(o) The hands-on training may be obtained
anywhere but shall be specific and adequate for the type of service to be
performed.
(p) An esthetician shall use cosmetic exfoliating
substances and equipment described in (n), above, according to the
manufacturers’ directions and within the equipment’s approved scope of use pursuant
to its 510k filing with the FDA.
(q) An esthetician using cosmetic exfoliating
substances and equipment described in (n), above, shall have a sufficient
understanding of the Fitzpatrick Scale to determine appropriate peel
protocol. The esthetician shall assess
the client’s skin tone and determine where the client’s skin tone falls on the
scale.
(r) An
esthetician shall receive training in sanitation precautions, the related
theory, chemistry, safety precautions, ultraviolet light protection,
contraindications, and practical application prior to performing services described
in (n), above.
(s) An esthetician shall obtain a written client
history of conditions related to services described in (n), above, including,
but not limited to, the following:
(1) Being currently under a
physicians care or treatment;
(2) Predisposition to herpes
simplex virus;
(3) Current pregnancy;
(4) History of cosmetic related
irritants or allergic reactions;
(5) Frequency of sun exposure
or tanning bed use; and
(6) The use of topical or oral
medications, or both, which increase the individuals’ susceptibility to adverse
reactions such as photosensitivity.
(t) Any New Hampshire licensed cosmetologist or
esthetician providing services described in (n) (1) – (8), above, prior to June
9, 2006, shall be allowed to continue such services provided they comply with
(n) through (s) for estheticians.
(u) Licensees
who wish to perform a service at a location other than a shop licensed in
accordance with RSA 313-A:19 and the board’s administrative rules shall submit
a written request to the board, which includes:
(1) The service to be provided;
(2) The date and location the
service will be provided;
(3) The name of the charitable
organization or individual in need;
(4) The reason for providing
service at an unlicensed location;
(5) Evidence of how the
licensee will provide for the health and safety of the consumer; and
(6) The signature of the
licensee.
(v) The board shall approve or deny the above
request within 60 days of receipt of the request.
(w) The board shall approve a request only if:
(1) The board finds that
approval would not jeopardize the health and safety of the public;
(2) The
board determines that the event is to benefit a charitable organization or
individual in need;
(3) The board determines this
is not a regular practice; and
(4) The board determines the
event does not benefit the licensee.
(x) The board shall
deny a request only if:
(1) The board finds the health
and safety of the public is jeopardized;
(2) The board determines that the
event is to benefit the licensee; or
(3) The board determines that
the event is held on a regular basis.
(y)
A licensee, instructor, or shop apprentice shall attach a current passport
photograph to the professional or shop apprentice license upon receipt of the
license.
(z) Individuals who are granted a temporary
permit shall attach a current passport photograph to the temporary permit upon
receipt.
(aa) Licensees, instructors, shop apprentices, and
individuals with a temporary permit shall make government-issued photo
identification available to the inspector at any time while working in the
shop.
Source. #6577, eff 9-13-97 (formerly Bar 304.03); amd by #6670, EMERGENCY RULE, eff 1-13-98, amendment
EXPIRED: 5-13-98; amd by #6849, eff 9-3-98; ss by
#7555, eff 9-12-01; amd by #7828, eff 2-13-03; ss by
8655, eff 6-9-06; amd by #8753, eff 11-27-06; ss by
#9314, eff 11-5-08; amd by #9455-B, eff 4-14-09; ss
by #10412-B, eff 9-19-13; ss by #10808, eff 4-2-15; ss by #11055, eff 3-18-16;
ss by #12226, eff 6-30-17; ss by #13205, eff 5-13-21
Bar 302.08 Shampoo Assistant.
Source. #8098, eff 6-11-04, EXPIRED: 6-11-12
PART
Bar 303 EXAMINATIONS
Bar 303.01 Scheduling Examinations. Each practical and written exams shall be
held in accordance with RSA 313-A:15.
The exams shall be held once a month.
The location of exams shall, include but not be limited to, the
Courtyard Marriott& Grappone Conference Center in Concord and a school
licensed by the board.
Source. #1879, eff 12-3-81; ss by #2539, eff
11-18-83; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #5544, eff
12-28-92; ss by #5772, eff 1-11-94; ss by #6046-b, eff 6-1-95; ss and moved by
#6577, eff 9-13-97 (from Bar 401.02); ss by #7555, eff 9-12-01; ss by #7829,
eff 2-13-03; ss by #9315, eff 11-5-08, EXPIRED: 11-5-16
New. #12085, INTERIM, eff 1-14-17, EXPIRED:
7-13-17
New. #12413, eff 11-1-17
Bar 303.02
Notification.
(a)
The board through a testing agency shall notify applicants of examinations
in accordance with RSA 313-A:15. The board's
notification sent by the testing company shall be in writing to the applicant
at least 10 days prior to the date of the examination.
(b)
The notification shall:
(1) Include the date, time, and place of
examination;
(2) Include a list of supplies needed; and
(3) Provide a name and telephone number for
further assistance.
(c)
The testing agency shall notify the board, schools, and all applicants
of their exam result in writing.
Source. #1879, eff 12-3-81; amd
by #2040, eff 6-3-82; ss by #2539, eff 11-18-83; amd
by #2613, eff 2-3-84; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by
#5544, eff 12-28-92; ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss
and moved by #6577, eff 9-13-97 (from Bar 401.02); ss by #7555, eff 9-12-01; ss
by #9315, eff 11-5-08, EXPIRED:
11-5-16
New. #12085, INTERIM, eff 1-14-17, EXPIRED:
7-13-17
New. #12413, eff 11-1-17
Bar 303.03 Written Examination Criteria.
(a) Written exams shall be the national tests developed by the
National Interstate Council and the board.
(b)
The
written exams for barber, master barber, esthetics, manicuring, cosmetology,
and instructor shall consist of 100 multiple choice questions for each respective
profession.
Source. #5308, eff 1-16-92; ss by #5544, eff 12-28-92;
ss by #5772, eff 1-11-94; ss by #6046-b, eff 6-1-95; ss and moved by #6577, eff
9-13-97 (from Bar 402.01); ss by #7555, eff 9-12-01; amd
by #9047, eff 12-12-07; ss by #9315, eff 11-5-08; ss by #11096, eff 5-16-16
Bar 303.04 Written
Examination Administration.
(a) National written examinations shall be
administered by a professional testing company’s trained and certified
representatives known as proctors or examiners or the board.
(b) To become a proctor or examiner the licensee
shall provide the board with the following:
(1)
Proof of 5 years' work experience in accordance with Bar 211.01(d)(1)
through (5);
(2) A
copy of current cosmetology, barber, master barber, manicurist, or esthetician license; and
(3) A
letter stating the licensee would like to become a proctor/examiner.
(c) Once the board receives the above information,
it shall put the licensee's name on a list for the next available training
seminar.
(d) The training seminar shall include the
following:
(1)
Training in administration procedures of the written and practical
examination;
(2) An
overview of the practical exam;
(3)
Training on how to reduce candidate test anxiety;
(4) A discussion of the different types of
rater error that decrease the reliability of practical examinations; and
(5)
Step-by-step scoring review.
(e) The passing grade shall be 75% for each portion
of the written examination in accordance with Bar 303.03(a) and (b) for a
barber, cosmetologist, esthetician, manicurist and
instructor.
(f) No person, other than the person
administering the exam, shall remove the written examination material from the
examination area.
Source. #5308, eff 1-16-92; ss by #5544, eff
12-28-92; ss by #6046-b, eff 6-1-95; ss and moved by #6577, eff 9-13-97 (from
Bar 402.02); ss by #7555, eff 9-12-01; amd by #9047,
eff 12-12-07; ss by #9315, eff 11-5-08; amd by #9652,
eff
2-3-10; ss by #11096, eff 5-16-16
Bar 303.05 Oral Examination.
(a)
An oral exam shall be given, in English only, in place of the written
examination, if the applicant requests in writing an oral exam from the testing
agency or the board.
(b)
The written request required by (a), above, shall include:
(1) The name of applicant;
(2) His/her signature; and
(3) Current date.
Source. #6577, eff 9-13-97 (from Bar 402.03); ss by
#7555, eff 9-12-01; ss by #9315, eff 11-5-08, EXPIRED: 11-5-16
New. #12085, INTERIM, eff 1-14-17, EXPIRED:
7-13-17
New. #12413, eff 11-1-17
Bar 303.06 Practical Examination Administration.
(a)
A practical examination shall be administered in English only and given
by trained and certified representatives from the testing agency and the board
proctors/examiners as described in Bar 303.04, or the board.
(b)
The passing grade shall be 75 percent for a barber, master barber,
cosmetologist, esthetician, manicurist, and instructor on the practical
examination.
(c)
A practical examination shall be given by trained and certified
representatives from the testing agency and the board proctors/examiners as described
in Bar 303.04.
(d)
The applicant shall bring a mannequin as a model, on whom he/she shall
demonstrate all tasks. The applicant shall
also bring necessary supplies, implements, and appliances. No supplies, implements, or appliances shall
be provided to an applicant by the board or other applicants.
Source. #6577, eff 9-13-97 (from Bar 403.01); ss by
#7555, eff 9-12-01; amd by #7829, eff 2-13-03; amd by #9047, eff 12-12-07; ss by #9315, eff 11-5-08; amd by #9652, eff 2-3-10; paras (b)-(d) EXPIRED: 11-5-16;
ss by #12085, INTERIM, eff 1-14-17, EXPIRED: 7-13-17
New. #12413, eff 11-1-17
Bar 303.07
Practical Exam Criteria.
(a)
Practical exams shall be the national tests developed by the National
Interstate Council to ensure the applicant conforms to the minimal skills
taught.
(b)
Practical examinations shall be as follows:
(1) The master barber test shall consist
of:
a. Regular tapered haircutting;
b. Hair lightening;
c. Hair coloring;
d. Shaving with a straight razor;
e. Chemical relaxing;
f. Chemical waving;
g. Facial; and
h. Work area and client preparation;
(2) The cosmetologist test shall consist of:
a. Chemical waving;
b. Hair shaping;
c. Hair coloring;
d. Hair lightening;
e. Chemical hair relaxing;
f. Thermal curling;
g. Manicuring;
h. Facials; and
i. Work area and client preparation;
(3) The esthetician test shall consist of:
a. Facial massaging;
b. Facial masks;
c. Hair removal of the eyebrows;
d. Makeup;
e. Cleansing the face;
f. Steaming and exfoliating the face; and
g. Work area and client preparation;
(4) The manicurist test shall consist of a:
a. Basic manicure and polish application;
b. Sculptured nail;
c. Nail tip;
d. Nail wrap; and
e. Work area and client preparation;
(5) The instructor test shall consist of a:
a. Theory lesson plan;
b. Theory lecture;
c. Practical demonstration; and
d. Demonstration lesson plan; and
(6) The barber test shall consist of a:
a. Regular tapered haircutting;
b. Shaving with a straight razor;
c. Work area and client preparation; and
d. Facial.
(c)
A proctor or examiner shall test a maximum of 8 applicants at the same
time.
Source. #6577, eff 9-13-97 (from Bar 403.02); ss by
#7555, eff 9-12-01; ss by #7829, eff 2-13-03; amd by
#9047, eff
12-12-07; ss by #9315, eff 11-5-08, EXPIRED: 11-5-16
New. #12085, INTERIM, eff 1-14-17, EXPIRED:
7-13-16
New. #12413, eff 11-1-17
Bar 303.08 Failure to Appear.
(a)
If an applicant fails without just cause, such as medical emergency, death
in the family, or automobile accident, to take the examination they were scheduled for, the
temporary permit shall terminate as required by RSA 313-A:18.
(b)
Upon the expiration of a permit the applicant shall not work in that profession. The applicant shall return the temporary
permit to the board and reapply in accordance with Bar 301.07(b),
if he or she still wishes to be licensed.
Source. #6577, eff 9-13-97 (from Bar 404.01); ss by #7555,
eff 9-12-01; ss by #9315, eff 11-5-08; ss by #9997-B, eff
9-16-11; ss by #12619, eff 9-13-18
Bar 303.09 Failure of Exam.
(a)
If an applicant fails the written examination, they shall retake the portion
of the written exam failed. If an
applicant fails, the practical exam they shall retake the entire practical
exam.
(b)
If an applicant fails the examination, they shall pay the applicable
fee(s) to retake the exam, if they still wish to become licensed.
Source. #6577, eff 9-13-97 (from Bar 404.02); ss by
#7555, eff 9-12-01; amd by #7829, eff 2-13-03; amd by #8753, eff 11-27-06; amd
by #9047, eff 12-12-07; ss by #9315, eff
11-5-08; ss by #10412-B, eff 9-19-13; ss by #13728, eff 10-20-23
Bar 303.10 Passing the Exam.
(a)
When an applicant passes both the practical and written examinations he
or she shall pay the licensure fee in the amount of $30.00 to the board. Once the board has received the fee a barber,
cosmetology, esthetician, manicurist, master barber, or instructor license
shall be issued by the board.
(b)
When an instructor passes both the practical and written examinations in
another licensure category he or she shall pay the licensure fee in the amount
of $60.00. Once the board has received
the fee an instructor license for a barber, cosmetology, esthetician,
manicurist, or master barber shall be issued by the board.
Source. #6577, eff 9-13-97 (from Bar 404.03); ss by
#7555, eff 9-12-01; ss by #8753, eff 11-27-06; ss by #9315, eff
11-5-08; ss by #9652, eff 2-3-10; ss by #12619, 9-13-18
PART
Bar 304 INDIVIDUALS LICENSED IN ANOTHER STATE
Bar
304.01 Individuals Licensed In
Another State Application.
(a)
The board shall license any applicant who is similarly licensed in
another state pursuant to RSA 313-A:14.
(b)
Upon the board's receipt of a request from an individual licensed in
another state, the board shall send to the requestor an “Individuals Licensed
in Another State Form” application, revised May 2017.
(c)
Applicants who are licensed in another state shall submit the following
to the board on the application
form:
(1) The applicant’s name, address, and telephone number;
(2) The applicant’s month of birth;
(3) The type and state of current license;
(4) Name and address of the school or shop in
which the licensee was an apprentice;
(5) Apprentice enrollment date;
(6) Apprentice completion date;
(7) Total apprenticeship hours completed; and
(8) His or her signature and current date.
(d)
In order to verify licensure, each applicant shall request the
state board in which the current license is held to complete a certificate of
state licensure.
(e)
The certificate of state licensure shall include the following:
(1) The state of licensure and the name of the
board or agency that issued the license;
(2) The name of the applicant;
(3) The name and address of the school or shop
where the apprenticeship was completed;
(4) The applicant’s enrollment and completion
date;
(5) The total number of hours completed;
(6) The year first license was issued;
(7) The expiration date of last held license;
(8) The exam date(s), language exam taken in, and
scores;
(9) The signature, current date, and title of the
person filling out the certificate of state licensure; and
(10) The state seal, if applicable.
(f)
In addition to the requirements in Bar 304.01(c) and (d), the applicant
shall submit the following information to the board with the application form:
(1) A copy of a high school diploma or equivalent
certificate;
(2) A money order, electronic payment, or cash in
the amount of $100.00; and
(3) A copy of a transcript of training including
total number of hours.
(g)
If the applicant for a barber, cosmetology, esthetics, manicuring, or
master barber license does not have the required hours in accordance
with Bar 301.03, but still wishes to become licensed, the applicant shall provide
proof of work experience in accordance with Bar 305.01 (c).
(h)
Individuals licensed in another state who wish to provide work experience
shall provide the number of hours worked on the letter pursuant to Bar 305.01
(c). The minimum number of hours worked shall be 3,000 for master barbers
and cosmetologists, 1,600 for a barber, 1200 for an esthetician, and 600
for a manicurist.
Source. #1879, eff 12-3-81; ss by #2539, eff
11-18-83; ss by #2613, eff 2-3-84; ss by #4814, eff 5-16-90; ss by #5308, eff
1-16-92; ss by #5544, eff 12-28-92; ss by #5772, eff 1-11-94; ss by #6046-b,
eff 6-1-95; ss by #6230, eff 4-26-96; ss and moved by #6577, eff 9-13-97
(formerly Bar 601.01); ss by #7555, eff 9-12-01; amd
by #7828, eff 2-13-03; ss by #8655, eff 6-9-06; amd
by #8753, eff 11-27-06; amd by #9047, eff 12-12-07;
ss by #9652, eff 2-3-10; ss by #11055, eff 3-18-16; ss by #12226, eff 6-30-17
Bar 304.02 Approving and Denying an Application From
an Individual Who is Licensed in Another State.
(a)
The board shall approve or deny the application in accordance with Bar
301.02.
(b) The board shall approve an
application if:
(1) The applicant meets the requirements of Bar
304.01(a);
(2) The application is completed in accordance
with Bar 304.01 (c);
(3) The applicant submits all items required in
accordance with Bar 304.01(d) through (f);
(4) The date required by 304.01 (f) (10) on
certificate of state licensure is no more than 60 days since issuance; and
(5) The applicant is deemed to be of good
professional character.
(c)
The board shall deny an application if the applicant:
(1) Does not meet the minimum requirements of Bar
304.01(a);
(2) Does not complete the application in
accordance with Bar 304.01(c);
(3) Did not submit all items in accordance with
Bar 304.01 (d) through (f); or
(4) Is deemed not to be of good professional
character, in accordance with the factors in Bar 301.02 (d).
(d)
If the board denies an applicant pursuant to (e), above, the board shall
return the application and with all attachments and a letter in accordance with
Bar 301.02(g).
(e)
Once the applicant files the form for individuals licensed in
another state, no refund shall be issued if the applicant does not complete the
process.
Source. #5308, eff 1-16-92; ss by #5772, eff 1-11-94;
ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss and moved by #6577, eff
9-13-97 (formerly Bar 601.02); ss by #7555, eff 9-12-01; ss by #8655, eff
6-9-06, EXPIRED: 6-9-14
New. #10808, eff 4-2-15; ss by #11096, eff 5-16-16
PART
Bar 305 APPLICANTS APPLYING FOR AN
EXEMPTION
Bar 305.01 Applicants Applying for an Exemption.
(a)
The board shall grant exemptions, pursuant to RSA 313-A:10, II and RSA
313-A:11, II to the individual who:
(1) Registered as an apprentice before July 1,
1989;
(2) Is at least 21 years of age and who does not
meet the educational requirements of RSA 313-A:10, I(b) or RSA 313-A:11, I(b)
or who cannot document completion of such educational requirements;
(3) Does not meet the 1,500 hours in a school or
3,000 hours under a licensee in accordance with RSA 313-A:10, I(c)(1) or (2)
and RSA 313-A:11, I(1) or (2); or
(4)
Does not meet the 2 years' working experience within the state in accordance
with RSA 313-A:10, I(c)(2) and RSA 313-A:11(c)(2).
(b)
Requests for exemption shall include a specific reference to RSA 313-A
pursuant to Bar 305.01(a) for which an exemption is requested.
(c)
The individual requesting an exemption under Bar 305.01(a)(2) shall
provide proof of employment in a letter, which includes:
(1) The place of employment and its name &
address;
(2) The months and years worked there;
(3) The owner's or manager's name and telephone
number;
(4) The owner's or manager's signature and current
date; and
(5) The applicant’s signature and current date.
(d)
In addition to Bar 305.01(b) the individual requesting an exemption
under Bar 305.01(a)(3) shall provide proof of the following:
(1) A current master barber or cosmetology
license;
(2) At least 300 hours of training in the
alternate profession that was obtained in a licensed school, or 4 months in a
shop apprenticeship program; or
(3) Proof of 8 years' work experience.
(e)
Proof of personal licensure, school hours, shop apprenticeship program, and
work experience shall be as follows:
(1) A copy of current master barber or cosmetology
license;
(2) Proof of 300 hours in accordance with Bar
301.03(b)(1) through (4), or have been enrolled in the shop apprenticeship
program, if applicable; or
(3) Proof of 8 years' work experience in
accordance with Bar 305.01(c)(1) through (5) in a shop licensed pursuant to RSA
313-A:17, if applicable.
(f)
The board shall approve or deny an exemption within 60 days of receipt of
the request. If the applicant is in
accordance with Bar 305.01(a) through (e) an exemption shall be approved.
(g) When an exemption is approved under Bar
305.01(a)(3) the licensee shall immediately complete and file an application
for licensure in accordance with Bar 301.07(b) and (c) along with 2 passport
photos.
(h)
The board shall approve or deny an application in accordance with Bar
301.02(a).
Source. #7951-B, eff 9-10-03 (formerly Bar 211.01);
ss by #9997-B, eff 9-16-11; ss by #12619, eff 9-13-18
CHAPTER Bar 400 RENEWALS, CONTINUING EDUCATION, INSPECTIONS
AND FORMS
PART
Bar 401 RENEWALS
Bar
401.01 Renewal Forms.
(a) The board shall send a renewal notice to each licensee at
least 60 days prior to the expiration date of the licensee’s license.
(b) Each licensee wishing to renew their license
or apprentice registration shall complete and file with the board as
applicable, one of the following renewal forms prior to the expiration date of
a license or apprentice registration:
(1) For
apprentices, the “Shop Apprentice Renewal Form”, revised July 2018;
(2) For
tanning facilities, the “Application to Renew a Tanning Facility” form, revised
July 2018;
(3) For
barbers, cosmetologists, manicurists, or estheticians, the “Renewal of Personal
License Form”, revised July 2018;
(4) For
booth rentals, the “Renewal Application for Two-Year Booth Rental License”
form, revised July 2018;
(5) For
shops, the “Renewal Application for Two-Year Shop License” form, revised July
2018; and
(6) For
barber, cosmetologist, esthetician, and manicurist schools, the “Renewal Application
for Two-Year School License” form, revised July 2018.
(c)
The licensee shall submit the following fee in the form of a check, money
order, electronic payment, or cash, to the board with the appropriate renewal
form listed in (b)(1)-(5) above:
(1) In
the amount of $150.00 for each barber, cosmetologist, esthetician, and manicurist
school;
(2) In
the amount of $100.00 for each
shop;
(3) In the amount of $40.00 for a barber,
master barber, cosmetologist, esthetician,
and manicurist;
(4) In the amount of $45.00 for a late barber,
master barber, cosmetologist, esthetician or
manicurist renewal if within 6 months of expiration;
(5) In the amount of $100.00 for a late
barber, master barber, cosmetologist, esthetician or
manicurist renewal after 6 months of expiration but within 5 years;
(6) In the amount of $55.00 for an inactive or
active shop or school instructor;
(7) In the amount of $30.00 for a shop
apprentice; and
(8) In the amount of $75.00 for an independent
booth renter.
(d) The licensee shall include the following on
each registration or license renewal form submitted pursuant to Bar
401.01(b)(1)-(5):
(1) The
name and address of the licensee or registration;
(2) The
current license or registration
number;
(3) The
appropriate type of license or
registration:
a.
Barber;
b.
Cosmetology;
c.
Esthetic;
d. Manicuring;
e. Apprentice;
f.
Instructor;
g.
Master barber; or
h.
Shop; and
(4) The
same information as required by Bar 301.01 (b) (5) and (b) (6).
(e) In addition to complying with Bar 401.01(b)
and (c), persons completing shop, school, shop instructor, and apprentice
registration renewal forms shall include the name of the school or shop.
(f) In addition to complying with the
requirements of Bar 401.01(b), (c), and (d), shop instructor license renewal
forms shall include the name of the apprentice.
(g)
If a shop license has expired, the
licensee shall pay the renewal fee plus the late fee of $55.00.
(h)
If an independent booth renter license
has expired, the licensee shall pay the renewal fee plus the late fee of $55.00.
Source. #1879, eff 12-3-81; ss by #2539, eff
11-18-83; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; amd by #5425, eff 6-24-92; ss by #6046-b, eff 6-1-95; ss by
#6230, eff 4-26-96; ss and moved by #6577, eff 9-13-97 (formerly Bar 602.01); amd by #7324, eff 7-26-00; ss by #7555, eff 9-12-01; ss by
#8655, eff 6-9-06; amd by #8753, eff 11-27-06; amd by #9047, eff 12-12-07; ss by #9345, eff 12-10-08; amd by #9455-B, eff 4-14-09; amd
by #9652, eff 2-3-10; ss by #10412-B, eff 9-19-13; ss by #11055, eff 3-18-16; ss
by #12619, eff 9-13-18
Bar 401.02 Procedure for Approving or Denying a
Renewal Form.
(a)
The board shall apply the same standards as required by Bar 301.02 for
approval or denial of the renewal form.
(b)
The board shall approve a renewal form and issue a license or apprentice
registration if the form is completed in accordance with Bar 401.01 and the
licensee or apprentice is deemed to be of good professional character in
accordance with the factors in Bar 301.02 (d).
(c)
If the renewal form is not completed in accordance with Bar 401.01, the
board shall deny the renewal and return it with all attachments and a
letter. The letter shall be in
accordance with Bar 301.02 (g).
(d)
If a license expires pursuant to RSA 313-A:20, the licensee shall not
operate a shop or school, or conduct barbering, cosmetology, esthetics, or manicuring,
until the licensee reapplies in accordance with Bar 401.01, pays the fee in
accordance RSA 313-A:20, and obtains a license from the board.
Source. #1879, eff 12-3-81; ss by #2539, eff
11-18-83; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; amd by #5425, eff 6-24-92; ss by #6046-b, eff 6-1-95; ss by
#6230, eff4-26-96; ss and moved by #6577, eff 9-13-97 (formerly Bar 602.02); ss
by #7555, eff 9-12-01; ss by #8655, eff 6-9-06; ss by #9345, eff 12-10-08; ss by
#12226, eff 6-30-17
PART Bar 402 DISCIPLINARY SANCTIONS
Bar 402.01 Notice
and Imposition of Sanctions.
(a)
Other than immediate license suspensions authorized by RSA 541-A:30, III
and Bar 402.03, the board shall impose disciplinary sanctions only:
(1) After prior notice and an opportunity to be
heard; or
(2) Pursuant to an agreed upon settlement or
consent decree.
(b)
Actions constituting misconduct shall be those specified in RSA
313-A:22, II.
(c)
Following a hearing and after a finding that misconduct has occurred by
a licensee, the board shall impose one or more sanctions pursuant to RSA
313-A:22, III.
(d)
In determining which sanction to impose, the board shall refer to the
following factors:
(1) The seriousness of the offense;
(2) The licensee's prior disciplinary record,
including number and type of prior instances of misconduct;
(3) The licensee's state of mind at the time of
the offense;
(4)
The licensee's acknowledgment of his or
her wrongdoing;
(5) The licensee's willingness to cooperate with
the board;
(6) The purpose of the rule or statute violated;
and
(7) The potential harm to public health and
safety.
Source. #5308, eff 1-16-92; amd
by #5425, eff 6-24-92; ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss
by #7951-B, eff 9-10-03; ss by #9345, eff 12-10-08; ss by #12226, eff 6-30-17
Bar 402.02 Administrative Fines. Administrative fines shall be assessed in
accordance with the factors stated in Bar 402.01(d) and Bar 404.11(a) and (b).
Source. #5308, eff 1-16-92; amd
by #5425, eff 6-24-92; ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss
by #7951-B, eff 9-10-03; ss by #9345, eff 12-10-08; ss by #12226, eff 6-30-17
Bar 402.03 Immediate License Suspension.
(a)
When the board receives information indicating that a licensee has
engaged in dishonesty or misconduct that poses an immediate danger to life or
health, the board shall issue an order pursuant to RSA 541-A:30, III, that sets
forth the alleged misconduct and immediately suspends the license for up to 10
working days pending commencement of an adjudicatory proceeding. If commenced within 10 working days, the
suspension shall continue until there is a decision in the proceeding.
(b)
Suspension orders under this section shall include the notice of hearing
pursuant to Bar 206.02(b).
(c)
No hearing date established in a proceeding conducted under this section
shall be postponed at the request of the licensee unless the licensee also
agrees to continue the suspension period pending issuance of the board's final
decision.
Source. #5308, eff 1-16-92; amd
by #5425, eff 6-24-92; ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss
by #7951-B, eff 9-10-03; ss by #9345, eff 12-10-08; ss by #12226, eff 6-30-17
Bar 402.04 Voluntary
License Surrender When Disciplinary Allegations are Pending.
(a)
A licensee may surrender a license at any time.
(b)
Surrender or nonrenewal of a license shall not preclude the board from
investigating or completing a disciplinary proceeding based upon the licensee's
conduct while the license is still in effect. Such investigations and
proceedings shall be handled in the same manner as other disciplinary
investigations and proceedings.
(c)
A licensee who surrenders a license shall have no right or privilege in
New Hampshire except as shall be specifically set forth in a board order
settlement agreement, or order of a court of competent jurisdiction. A licensee
who reapplies for a license in New Hampshire after surrender shall meet all the
requirements in effect for new applicants as set forth in statute and rules at
that time.
(d)
A licensee who surrenders a license as part of a settlement of pending
misconduct allegations shall make a written settlement offer to the board
before the close of the record in a disciplinary hearing.
(e)
Any settlement agreement reached under (d) above, shall include the
following concessions:
(1) That license surrender has occurred in
settlement of pending disciplinary allegations; and
(2) That the pending allegations shall be issues
to be resolved in any future application the licensee may submit in New Hampshire.
(f)
The fact of license surrender pending disciplinary action and the terms
of any settlement agreement pertaining thereto shall be distributed to all
relevant licensing authorities and data bank in the same manner as a final
decision containing specific findings of dishonesty or misconduct.
Source. #7951-B, eff 9-10-03; ss by #9345, eff
12-10-08; ss by #12226, eff 6-30-17
Bar 402.05 Reciprocal Discipline. When the board receives notice that a
licensee has been subjected to suspension or revocation of a license in another
jurisdiction without subsequent reinstatement, the board shall issue an order
directing the licensee to demonstrate why reciprocal discipline should not be
imposed in New Hampshire.
Source. #7951-B, eff 9-10-03; ss by #9345, eff
12-10-08; ss by #12226, eff 6-30-17
PART
Bar 403 SCHOOL INSTRUCTORS CONTINUING
EDUCATION FOR ACTIVE LICENSE - RESERVED
Bar 403.01 Continuing Education. Repealed
Source. #5308, eff 1-16-92; amd
by #5425, eff 6-24-92; ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss
and moved by #6577, eff 9-13-97 (formerly Bar 701.01); ss by #7555, eff 9-12-01;
ss by #9345, eff 12-10-08; rpld by #11096, eff
5-16-16
Bar
403.02 Inactive Instructor
Requirements. Repealed
Source. #5308, eff 1-16-92; ss by #5425, eff 6-24-92;
ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss and moved by #6577, eff
9-13-97 (formerly Bar 702.01); ss by #7555, eff 9-12-01; ss by #9345, eff
12-10-08; ss by #11055, eff 3-18-16; rpld by #11096, eff
5-16-16
PART
Bar 404 INSPECTIONS AND FORMS
Bar 404.01 Inspections.
(a)
Inspections shall be made in accordance with RSA 313-A:21, upon initial
application for a
independent operating booth, school, or shop license, upon the relocation of
shop or school, whenever necessary to investigate a complaint against a licensee,
and to follow up on violations previously documented.
(b)
All schools and shops shall be inspected for compliance with these rules
and RSA 313-A.
(c)
Inspectors shall inspect the school or shop as it was upon entering.
(d)
Inspections shall be documented by an inspector on an inspection report
which includes the following:
(1) The owner's name, establishment name, location and type, such as school, shop, or independent operating
booth;
(2) Whether the licensee has complied with the
requirements for containers and disinfection containers pursuant to Bar 302.05(f)
and (g);
(3) Whether the licensee has complied with the
requirements of the entrance pursuant to Bar 302.05(c);
(4) Whether the licensee has complied with the
requirements for lavatory facilities pursuant to Bar 302.05(d);
(5) Whether the licensee has complied with the
requirements for ventilation pursuant to Bar 302.05(e);
(6) Whether the licensee has complied with the
requirements for signs pursuant to Bar 302.01(g)(3) and (j)(2), Bar 302.05, (k)
and (l), and Bar 302.06(p);
(7) Whether the licensee has complied with the
requirements for floors pursuant to Bar 302.05(h);
(8) Whether the licensee has complied with the
requirements for water supply pursuant to Bar 302.05(i);
(9) Whether the licensee has complied with the
requirements of proper disinfection pursuant to Bar 302.05(q) – (w) and
(y) and Bar 302.07(a)-(f) and (m);
(10) Whether the licensee has complied with the
requirements for square footage pursuant to Bar 302.03, and Bar 302.04;
(11) Whether the licensee has the appropriate current
licenses;
(12) Whether the licensee has complied with the
requirements for Bar 302.05 (m)-(o); and
(13) Whether the licensee has complied with the
requirements for Bar 302.07 (g)-(i) and Bar 302.07
(k) and (n)-(s).
(e)
Inspection reports for all schools shall also include the items required
by Bar 302.06(a)- (ab).
(f)
Inspection reports for schools instructing barber apprentices shall also
include the items required by Bar 302.01(a).
(g)
Inspection reports for schools instructing cosmetology apprentices shall
also include the items required by Bar 302.01(b).
(h)
Inspection reports for school instructing esthetic apprentices shall
include the items required by Bar 302.01(c).
(i) Inspection reports for school instructing
manicuring apprentices shall also include the items required by Bar 302.01(d).
(j)
Inspection reports for cosmetology school instructing esthetic
apprentices shall also include the items required by Bar 302.01(e).
(k)
Inspection reports for shops with an apprentice shall also include the
items required by Bar 301.04(a) and (c)-(p) and Bar 301.05(a)-(c).
(l)
Inspection reports for shops operating as independent operating booths
shall also include the items required by Bar 302.04.
(m)
The inspection report shall be completed, dated, and signed by the
inspector before leaving the premises. Each
shop or school owner, manager, or licensee shall also sign the inspection
report, to indicate receipt, and shall be given a copy of the report before the
inspector leaves the premises.
(n)
The licensee shall post the most recent inspection report in a
conspicuous and unobstructed place in the shop or school following the
inspection.
(o)
Violation(s) shall be rectified within 7 working days unless a request
for a waiver in accordance with Bar 216 is submitted to the board’s office
within 3 days.
(p)
Failure to rectify or obtain a waiver in accordance with Bar 216 shall
result in disciplinary action by the board in accordance with RSA 313-A:23, Bar
206, and Bar 208.
Source. #1879, eff 12-3-81; ss by #2539, eff
11-18-83; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #5425, eff
6-24-92; ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss and moved by
#6577, eff 9-13-97 (formerly Bar 501.01); ss by #7323, eff 7-26-00; ss by
#7555, eff 9-12-01; ss by #9345, eff 12-10-08; amd by
#9652, eff 2-3-10; ss by #9964, eff
7-28-11; ss by #10412-B, eff 9-19-13; ss by #13728, eff 10-20-23
Bar 404.02 Initial License Inspection Passage. A school or shop initial license, including
initial licenses required due to relocation, shall be issued upon compliance
with Bar 404.01 and completion of an inspection showing compliance with all applicable
items on the inspection report.
Source. #5308, eff 1-16-92; ss by #6046-b, eff
6-1-95; ss by #6230, eff 4-26-96; ss and moved by #6577, eff 9-13-97 (formerly
Bar 501.02); ss by #7323, eff 7-26-00; ss by #7555, eff 9-12-01; ss by #9345,
eff 12-10-08; ss by #12226, eff 6-30-17
Bar 404.03 Initial License Inspection Failure.
(a)
When the inspection report for initial licensure for a school or shop
shows any deficiencies a license shall not be issued until a follow-up
inspection is held which reveals that the license has rectified all deficiencies.
(b)
Revocation and suspension shall be accomplished in accordance with RSA
313-A:23 and Bar 206 and Bar 208.
Source. #5308, eff 1-16-92; ss by #5425, eff 6-24-92;
ss by #6230, eff 4-26-96; ss and moved by #6577, eff 9-13-97 (formerly Bar
501.03); ss by #7323, eff 7-26-00; ss by #7555, eff 9-12-01; ss by #9345, eff
12-10-08; ss by #12226, eff 6-30-17
Bar 404.04 Who May be Fined.
(a)
Fines shall be imposed upon any licensee who violated the provisions of
RSA 313-A. Fines pursuant to Bar 404
shall be imposed for each offense upon the licensee who violates the provision
of RSA 313-A or the administrative rules of the board. Fines shall be assessed
to the shop owner where the violations occur.
(b)
Administrative fines shall be determined by the number of points the
licensee has accumulated during that inspection. Points shall be issued as outlined in Bar
404.08, 404.09 and 404.10.
Source. #6577, eff 9-13-97 (formerly Bar 503.01); ss by
#7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08, ss by #9345, eff
12-10-08; ss by #10808, eff 4-2-15; ss by #13205, eff 5-13-21
Bar 404.05 Notice.
(a)
Upon completion of an inspection, the board shall notify any licensee
the board is considering imposing a fine upon with an inspection report
described in Bar 404.01, which states the following information:
(1) The proposed amount of the fine according to
Part Bar 404.08 and Bar 404.09; and
(2) The person’s right to a hearing before the board
prior to final determination of a fine.
(b)
The notice shall state that the person shall have the following options
upon receipt of the notice:
(1) To waive the right to a hearing and pay the
proposed fine immediately;
(2) To request a pre-hearing conference in
accordance with Bar 404.06; or
(3) To request in writing a hearing in accordance
with Bar 404.07.
Source. #6577, eff 9-13-97 (formerly Bar 503.02); ss
by #7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08; ss by #9345, eff
12-10-08; ss by #10808, eff 4-2-15; ss by #13205, eff 5-13-21
Bar 404.06 Pre-Hearing Conference. Prior to a hearing, the person the board is
considering imposing a fine upon may request a meeting with a member of the
board’s staff to discuss the matter. If
a meeting is requested, it shall be the responsibility of the person the board
is considering imposing a fine upon to contact the board office to schedule a
mutually convenient appointment with the appropriate staff member.
Source. #6577, eff 9-13-97 (formerly Bar 503.03); ss
by #7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08; ss by #9345, eff
12-10-08; ss by #10808, eff 4-2-15; ss by #12226, eff 6-30-17
Bar 404.07 Scheduling Hearing. If the board has not received a written
response within 20 days from the date the licensee signed for the notice, the
proposed fine shall become final.
Source. #6577, eff 9-13-97 (formerly Bar 503.04); ss
by #7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08; ss by #9345, eff
12-10-08; ss by #10808, eff 4-2-15
Bar 404.08 Violation Points for a School.
(a)
For each violation of the following, 6 points shall be issued:
(1) Does not have the containers pursuant to Bar
302.05(f);
(2) If school closes and the licensee did not
notify the board pursuant to Bar 302.05(j);
(3) If the equipment qualifications described
in Bar 302.01(a)-(j) are not met;
(4) If the required provisions described in Bar
302.03 are not met;
(5) If the licensees did not comply with Bar
302.07(a)-(e).
(b)
For each violation of the following, 10 points shall be issued:
(1) Failure to keep floors, walls, woodwork,
ceilings, furniture, furnishing, and fixtures clean pursuant to Bar 302.05(h);
(2) If lavatory facilities are not publicly
accessible to all patrons and employees pursuant to Bar 302.05(d);
(3) If the sign was not provided pursuant to Bar
302.05(k);
(4) Mechanical ventilation is not available and
or not being used pursuant to Bar 302.05(e);
(5) Hot and cold running water are not provided
pursuant to Bar 302.05(i);
(6) Lab coat or uniform is not being worn
pursuant to Bar 302.06(c);
(7) If the school did not display one permanent
sign pursuant to Bar 302.06(p);
(8) If the school does not have a dispensary,
clinic area, classroom, and office pursuant to Bar 302.06(o);
(9) An apprentice kit was not provided pursuant to
Bar 302.06(b); and
(10) If the school rules were not provided to
student pursuant to Bar 302.06(n).
(c)
For each violation of the following, 50 points shall be issued:
(1) If there was not a proper number of
instructors pursuant to Bar 302.06(a);
(2) The school instructor is not readily
accessible pursuant to Bar 302.06(m);
(3) The apprentice was not properly supervised;
(4) Licenses and inspection report was not
displayed as required;
(5) Working with an expired license;
(6) Apprentice graduation and termination
notification was not sent pursuant to Bar 302.06(e);
(7) Operating a business without the appropriate
license;
(8) Employing a person without the appropriate
license;
(9) Did not have or use sanitation and disinfection
procedures as defined in Bar 101;
(10) Failure to track and record the apprentice’s progression
in an online education course;
(11) Allowing more than 25% of the course to be
done through online education; and
(12) Failure to administer a test at the mid-point
and at the end of each online education course in person at the school.
(d)
100 points shall be issued for allowing practical or clinical
instruction through online education.
Source. #6577, eff 9-13-97 (formerly Bar 504.01); ss
by #7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08; ss by #9345, eff
12-10-08; ss by #10144, eff 6-7-12; ss by #10412-B, eff 9-19-13; ss by #13018,
EMERGENCY RULE, eff 4-7-20, EXPIRED: 10-4-20; ss by #13728, eff 10-20-23
Bar 404.09 Violation Points for a Shop and/or
Licensee.
(a)
For
each violation of the following, 3 points shall be issued:
(1) Did not have the containers pursuant to Bar
302.05(f);
(2) Failure to keep floors, walls, woodwork, ceilings,
furniture, furnishing, and fixtures cleaned pursuant to Bar 302.05(h);
(3) If a shop closes and the licensee did not
notify the board pursuant to Bar 302.05(j);
(4) If the licensee did not comply with Bar 302.07
(a)-(e); and
(5)
If lavatory facilities are not publicly
accessible to all patrons and employees pursuant to Bar 302.05(d).
(b)
For each violation of the following, 5 points shall be issued:
(1) If a sign was not provided pursuant to Bar
302.05(k);
(2) Mechanical ventilation not obtained or used
pursuant to Bar 302.05(e); and
(3) Hot and cold running water are not provided
pursuant to Bar 302.05 (i).
(c)
For each violation of the following, 25 points shall be issued:
(1) Apprentice was not properly supervised;
(2) Inspection report was not displayed as required;
(3) Shop instructor did not comply with the
requirements of Bar 301.04(d), (e), (f), (g), (h), (k) and (l);
(4) Apprentice was not wearing a name tag
pursuant to Bar 301.04(i);
(5) Apprentice termination notification was not
sent pursuant to Bar 301.05(a);
(6)
If licensee did not comply with Bar 302.07(h), (k), (l), (m); and
(7)
Vaporizer machine not maintained pursuant to Bar 302.05 (v).
(d)
For each violation, 50 points shall be issued for unprofessional conduct
or if the licensee refuses to sign the inspection report as described in Bar
404.01 (e).
(e)
Unprofessional conduct shall include, but not be limited to:
(1) Yelling, swearing, or using profanity at the
inspector;
(2) Throwing items at the inspector;
(3) Verbally threatening the inspector; and
(4) Grabbing, pulling or
pushing the inspector.
(f) For each violation, 50 points shall be issued
if a licensee, instructor, shop apprentice, or individual with a temporary permit
fails to attach a passport photograph to their license or fails to display the
license as required.
(g) For each violation, 50 points shall be issued
if a licensee, instructor, shop apprentice, or an individual with a temporary
permit fails to provide the inspector with government issued photo
identification.
(h) For each violation, 100 points shall be issued
if the shop did not meet the requirements of Bar 302.05 (m), (q) through (s),
and (x), and Bar 302.07(n)-(s).
(i) For each violation, 250 points shall be issued
if a licensee did not comply with the procedures described in Bar 302.07(f) or
if the licensee did not have or use an EPA-registered disinfectant to disinfect
implements as defined in Bar 101.11.
(j) For each violation, 50 points for the first
offense, 250 points for the second offense, and 500 points for the third
offense shall be issued for having an individual provide services with an
expired New Hampshire license or work permit.
(k) For each violation, 50 points for the first offense,
250 points for the second offense, and 500 points for the third offense shall
be issued for operating a business without the appropriate license.
(l) For each violation, 500 points shall be issued
for having an individual provide services without holding a New Hampshire
license described by RSA 313-A.
(m) For each violation, 400 points for the first
offense, and 500 points for the second offense for a shop owner and licensee
for violation of Bar 302.07(g) (1)-(12).
(n) For offenses committed over
multiple days, each day shall constitute a separate offense. After the third
day the third offense points shall be issued for each day thereafter.
Source. #6577, eff 9-13-97 (formerly Bar 504.02); ss
by #7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08; ss by #9345, eff
12-10-08; ss by #10808, eff 4-2-15; ss by #11055, eff 3-18-16; ss by #12619,
eff 9-13-18
Bar 404.10 Administrative Fine Assessment for a School
and Shop. Except as provided by Bar
404.12, administrative fines shall be assessed as follows:
(a)
For 25 or more points, the fine shall be one dollar for each point; and
(b)
For failure to comply with an order of the board, the fine imposed shall
be $500.
Source. #6577, eff 9-13-97 (formerly Bar 504.03); ss
by #7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08; ss by #9345, eff 12-10-08;
ss by #12226, eff 6-30-17
Bar 404.11 Administrative Fine Adjustments.
(a)
Following a hearing, the board shall increase the amount of a fine
provided for in Bar 404.10 when one or more of the following aggravating
factors are reflected by specific findings of fact, expressed in the record:
(1) That the respondent was aware of RSA 313-A
and the board’s rules;
(2) Continuing noncompliance with the board
statutes, rules, and directives;
(3) The degree of respondent’s willfulness and/or
negligence involved in the violation;
(4) Any history of noncompliance with RSA 313-A,
rules,
or directives;
(5) Bad faith or misrepresentation of any
material fact; and
(6) Additional information presented during the
hearing which reflects an aggravating factor based on a totality of
circumstances.
(b)
Following a hearing, or a pre-hearing conference the board shall
decrease the amount of a fine provided for in Bar 404.10 when there are
mitigating factors reflected by specific findings of fact, expressed in the record
or good faith efforts to comply with RSA 313-A and the board’s rules, and
directives.
Source. #6577, eff 9-13-97 (formerly Bar 504.04); ss
by #7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08; ss by #9345, eff
12-10-08; ss by #12226, eff 6-30-17
Bar 404.12 Multiple Violations.
(a)
The board shall assess separate fines against a party for multiple
violations of the statutes, [and/or] rules, or both, provided
the board makes a separate finding of fact from the record for each violation.
(b)
Noncompliance which was carried out over a period of days shall be a
separate violation for each such day.
(c)
Nonpayment of a fine by a licensee in contravention of an order,
agreement or promise to pay, shall result in separate discipline by the board
and shall result in denying a license until paid.
Source. #6577, eff 9-13-97 (formerly Bar 504.05); ss
by #7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08; ss by #9345, eff
12-10-08; ss by #12226, eff 6-30-17
CHAPTER Bar
500 ETHICAL STANDARDS
PART
Bar 501 OBLIGATION TO OBEY AND ETHICAL
CONDUCT STANDARDS
Bar 501.01 Obligation to Obey.
(a)
Licensees shall obey the ethical conduct standards set forth in Bar
501.02.
(b)
Violations of any of the ethical conduct standards shall constitute
unprofessional conduct resulting in disciplinary proceedings pursuant to RSA
313-A:22, II (c).
Source. #8135, eff 8-5-04; ss by #9997-B, eff 9-16-11;
ss by #12619, eff 9-13-18
Bar 501.02 Ethical Conduct Standards. A licensee shall:
(a)
Comply with RSA 313-A and the board's administrative rules;
(b)
Submit only truthful and correct information in any application or other
document filed with, or statement made to, the board;
(c)
Obey in good faith, and within any time period
specified, any disciplinary orders issued by the board, including orders
requiring the payment of fees or fines;
(d)
Deal with colleagues and clients with honesty and integrity;
(e)
If maintaining a salon, maintain the salon premises in a sanitary and
hygienic manner;
(f)
Not perform any service that is outside the scope of practice for the
license that he or she holds;
(g)
Not misrepresent professional qualifications or credentials;
(h)
Not aid or abet, directly or indirectly, the practice of any person who
is not duly licensed;
(i) Not advertise claims that are misleading,
untrue, or insupportable by fact;
(j)
Use professional products specifically designed or manufactured for use
in his or her licensed profession according to the manufacturer’s instructions;
and
(k)
Cooperate with lawful investigation of the board.
Source. #8135, eff 8-5-04; ss by #9997-B, eff 9-16-11;
ss by #12619, eff 9-13-18
CHAPTER Bar
600 TANNING FACILITIES
PART
Bar 601 DEFINITIONS
Bar 601.01 “Fitzpatrick scale” means “Fitzpatrick scale”
as defined in RSA 313-A:1, VIII-a.
Source. #8444, eff 10-06-05, EXPIRED: 10-6-13
New. #10808, eff 4-2-15
Bar 601.02 “Operator” means “operator” as defined in RSA
313-A:1, XI-a
Source. #8444, eff 10-06-05, EXPIRED: 10-6-13
New. #10808, eff 4-2-15
Bar 601.03 “Personal use” means tanning devices which
are limited exclusively to an individual and this individual’s immediate
family.
Source. #8444, eff 10-06-05, EXPIRED: 10-6-13
New. #10808, eff 4-2-15
Bar 601.04 “Phototherapy device” means “Phototherapy
device” as defined in RSA 313-A:1, XI-b.
Source. #8444, eff 10-06-05, EXPIRED: 10-6-13
New. #10808, eff 4-2-15
Bar 601.05 “Tanning device” means “tanning device” as
defined in RSA 313-A:1, XIV.
Source. #8444, eff 10-06-05, EXPIRED: 10-6-13
New. #10808, eff 4-2-15
Bar 601.06 “Tanning facility” means “tanning facility”
as defined in RSA 313-A:1, XV.
Source. #8444, eff 10-06-05, EXPIRED: 10-6-13
New. #10808, eff 4-2-15
Bar 601.07 “Ultraviolet (UV) radiation” means “Ultraviolet
(UV) radiation” as defined in RSA 313-A:1, XVI.
Source. #8444, eff 10-06-05, EXPIRED: 10-6-13
New. #10808, eff 4-2-15
PART Bar 602 APPLICATION PROCEDURES
Bar 602.01 Application for a Tanning Facility
Registration.
(a)
Each applicant applying for a tanning facility registration in
accordance with RSA 313-A:28 shall make application on a form provided by the
board and attach the fee in the amount of $45.00.
(b)
The applicant shall supply the following on the application for a
tanning facility registration:
(1) The name and address of the facility, in
accordance with RSA 313-A:28, II;
(2) The name and address of the owner(s), in
accordance with RSA 313-A:28, II;
(3) A list of equipment including the number for
each type of tanning device; and
(4) Signature of owner(s) and current date.
(c)
Upon receipt of a completed application in accordance with (b) above, a
tanning facility registration shall be issued.
(d)
If the application is not completed in accordance with (b) above, the
board shall return it with all attachments and a letter. The letter shall be in accordance with Bar
301.02(d)(1) through (3).
Source. #8444, eff 10-06-05, EXPIRED: 10-6-13
New. #10808, eff 4-2-15
PART Bar 603 OPERATIONAL REQUIREMENTS
Bar 603.01 Tanning Owner Requirements.
(a)
Only tanning devices manufactured and certified under the provisions of
21 CFR 1040.20, shall be used in tanning facilities. Compliance shall be based on the standard in
effect at the time of manufacture as shown on the device identification label
required by 21 CFR Parts 1010.2 and 1010.3.
(b)
Each tanning device shall have the following:
(1) A method of remote timing located so that consumers
may not set their own exposure time; and
(2) A control that allows the consumer to turn on
and off the device at any time.
(c) There shall be physical barriers to protect
consumers from injury caused by falling against or breaking the lamps.
(d)
The tanning devices shall be maintained in good repair and comply with
all state and local electrical code requirements.
(e)
If a tanning device has a broken physical barrier the unit shall not be
used until the broken physical barrier is replaced.
(f)
Access to the booth shall be of rigid construction, doors shall open
outwardly, and nonslip floors shall be provided.
(g)
Disposable, one-time use eyewear shall not be reused by another
consumer. Eyewear that is reusable shall be disinfected with an EPA registered
disinfectant according to the manufacturer’s direction.
(h)
The operator shall have the consumer use protective eyewear that meets
the requirements of 21 CFR 1040.20 (c) (4).
(i) Protective eyewear shall not be altered in
any manner that would change its use as intended by the manufacturer, such as
removal of straps.
(j)
An entrance, either from the outside, or from a common hallway shall be
provided. Access shall not be through
any living quarters.
(k)
Lavatory facilities shall be publicly accessible to all consumers and
employees.
(l)
All tanning facilities shall keep their floors, walls, woodwork,
ceiling, furniture, furnishing, and fixtures clean.
(m)
When a tanning facility closes, the owner of the facility shall notify
the board in writing immediately.
(n)
Defective or burned-out lamps or filters shall be replaced with a type
intended for use in that device as specified on the product label on the
tanning device or with lamps or filters that are equivalent under 21 CFR 1040,
Section 1040.20.
(o)
Records required by RSA 313-A:30, VI maintained on computer systems
shall be regularly copied, at least monthly, and updated on storage media other
than the hard drive of the computer. An
electronic record shall be retrievable as a printed copy.
(p)
A tanning facility shall not claim, or distribute promotional materials
that claim, that using a tanning device is safe or free from risk or that the
use of the device will result in medical or health benefits. The only claim
that may be made is that the device is for cosmetic use only.
(q)
Soiled towels shall be deposited in a receptacle and not used again
until properly laundered and sanitized.
(r)
Each tanning facility shall be kept well lighted and ventilated.
(s)
Each tanning facility shall have the owners’ manual for each tanning
unit.
(t)
Contact surfaces of tanning devices shall be sanitized between each use
or the contact surfaces shall be covered by a non-reusable protective material
during each use.
(u) Any tanning facility, shop, or
salon that does not renew a tanning registration shall remove the tanning device(s)
from the premises.
Source. #8444, eff 10-06-05; ss by #10412-B, eff
9-19-13; ss by #10808, eff 4-2-15; ss by #12619, eff 9-13-18
Bar
603.02 Operator Requirements.
(a) All operators shall comply with RSA 313-A:30.
(b) Operators shall have the consumer present
their protective eyewear prior to each use.
(c) Operators shall not allow a consumer to use a
tanning device if that consumer does not have the protective eyewear required
by Bar 603.01 (h).
(d) A trained operator shall be present when a
tanning device is operated.
(e) The
operator shall limit the exposure of the consumer to one tanning session daily.
Session duration shall be determined by the certified operator using the
Fitzpatrick scale to gradually increase exposure and shall not exceed the
maximum timer interval established by the manufacturer.
(f) When a tanning device is being used, no other
person shall be allowed to remain in the tanning device area.
(g) Operators shall be at least 18 years of age.
(h) The consumer shall complete and sign a Fitzpatrick
Scale form. The operator shall total the points on the scale to estimate skin
type and sign the form. Operators shall keep the completed forms with the client
records.
(i) No Additional points shall be given for
additional questions.
Source. #8444, eff 10-06-05 amd
by #9652, eff 2-3-10; paras. (a)-(g) EXPIRED: 10-6-13; ss by #10808, eff 4-2-15;
ss by #10974, eff 11-13-15
Bar 603.03 Training for Device Operators.
(a)
All operators shall be trained as required by RSA 313-A:30, II.
(b)
Any individual or organization wanting to provide training in accordance
with RSA 313-A:30, II shall submit a curriculum for the board’s approval.
(c)
Tanning facilities shall maintain verification of training for each
tanning device operator as required by RSA 313-A:30, II.
(d)
Tanning facilities shall maintain a list of tanning device operators, as
required by RSA 313-A:30, II, that were trained in accordance with Bar 603.03
(a), which shall be available at the tanning facility for inspection by the
board.
Source. #8444, eff 10-06-05, EXPIRED:
10-6-13
New. #10808, eff 4-2-15
Bar 603.04 Complaints of Misconduct.
(a)
Complaints alleging misconduct by tanning facilities shall:
(1) Note violations of RSA 313-A and or the board
administrative rules;
(2) Be in writing; and
(3) Be filed at the board's offices in
(b)
A complaint shall contain the following information:
(1) The name and address of the complainant;
(2) The name and address of the tanning facility
against whom the complaint is directed;
(3) Date, time, place
and summary of alleged violation(s);
(4) Name, address of those having knowledge of
the alleged violations;
(5)
Specific provision of RSA 313-A and/or the board administrative rules on which
the complaint is based; and
(6)
Other data the complainant believes
pertinent to the complaint.
(c)
A complaint shall not be accepted that alleges acts of misconduct that
occurred prior to the laws passing requiring regulation of tanning facilities.
(d)
A complaint shall be treated as a petition to the board within the meaning
of RSA 541-A:29.
(e)
The licensee shall respond in writing to stated misconduct allegations
by responding to each allegation within 30 days.
Source.
#8444, eff 10-06-05, EXPIRED:
10-6-13
New. #10808, eff 4-2-15
PART Bar 604 INSPECTIONS AND FORMS
Bar 604.01 Inspections.
(a)
Inspections shall be made whenever necessary to ensure compliance with RSA
313-A or the board’s administrative rules, investigate a complaint against a
tanning facility, and to follow up on violations previously documented.
(b)
All tanning facilities shall be inspected for compliance with these
rules and RSA 313-A, and by an inspector on an inspection report as
follows:
(1) Whether the tanning facility has complied
with RSA 313-A:30 and 31;
(2) Whether the tanning facility has complied
with the requirements for tanning devices pursuant to Bar 603.01 (a) – (f),
(n), (o) (t); and (u);
(3) Whether the tanning facility has complied
with the requirements of eyewear pursuant to Bar 603.01 (g)-(i);
(4) Whether the tanning facility has complied
with the requirements of the entrance pursuant to Bar 603.01 (j);
(5) Whether the tanning facility has complied with
the requirements for lavatory facilities pursuant to Bar 603.01 (k);
(6) Whether the tanning facility has complied
with the requirements for floors, walls, woodwork, ceilings, furniture,
furnishing, and fixtures pursuant to Bar 603.01 (l);
(7) Whether the tanning facility has complied
with the requirements for promotional materials pursuant to Bar 603.01 (p);
(8) Whether the tanning facility has complied
with the requirements for containers and sanitizer pursuant to Bar 603.01 (q)
and (r);
(9) Whether the tanning facility has complied
with the requirements for lighting and ventilation pursuant to Bar 603.01 (s);
(10) Whether the
tanning facility has complied with the requirements for operators pursuant to
Bar 603.02 and 603.03; and
(11) Whether the tanning facility has a current
registration.
(c)
The inspection report shall be completed, dated, and signed by the
inspector before leaving the premises.
The tanning facility operator shall sign the inspection report, to
indicate receipt, and shall be given a copy of the report before the inspector
leaves the premises.
(d)
The tanning facility shall post the most recent inspection report in a
conspicuous and unobstructed place in the facility following the inspection.
(e)
Violation(s) shall be rectified within 7 working days unless a suspension
of operation is issued pursuant to RSA 313-A:32.
Source. #8444, eff 10-06-05, EXPIRED:
10-6-13
New. #10808, eff 4-2-15
PART
Bar 605 EXPIRATION OF REGISTRATION AND
RENEWALS.
Bar 605.01 Tanning Facility Registration Expires. All tanning facilities registrations shall
expire April 30th of each year.
Source. #8444, eff 10-06-05, EXPIRED:
10-6-13
New. #10808, eff 4-2-15
Bar 605.02 Renewal Forms.
(a)
The board shall send a renewal form at least 60 days prior to the
expiration date of registration.
(b)
Each applicant wishing to renew his/her registration shall complete and
file with the board a renewal form at least 30 days prior to the expiration
date of a registration and attach the fee in the amount of $45.00.
(c)
Each applicant shall include the following on the form:
(1) The name and address of the facility, in
accordance with RSA 313-A:28, II;
(2) The name and address of the owner(s), in
accordance with RSA 313-A:28, II;
(3)
A list of equipment including the
amount; and
(4) Signature of owner(s) and current date.
(d)
If a tanning facility registration expires the registrant shall pay the
renewal fee plus the late fee of $55.00.
Source. #8444, eff 10-06-05, EXPIRED: 10-6-13; amd by #9652, eff 2-3-10; ss by #10808, eff 4-2-15
Bar 605.03 Procedure for Approving or Denying a
Renewal Form.
(a)
The board, in accordance with Bar 605.02, shall approve or deny the
renewal form.
(b)
If the renewal form is completed, in accordance with Bar 605.02, the
renewal form shall be approved and a registration issued.
(c)
If the renewal form is not completed, in accordance with Bar 605.02, the
board shall return it with all attachments and a letter. The letter shall be in accordance with Bar
301.02(d)(1) through (3).
(d)
If a registration expires the tanning facility shall not operate until
the tanning facility reapplies in accordance with Bar 602.01, pays the fee, and
obtains a registration from the board.
Source. #8444, eff 10-06-05, EXPIRED: 10-6-13
New. #10808, eff 4-2-15
PART Bar 606 VIOLATION POINTS AND ADMINISTRATIVE FINES
Bar
606.01 Notice.
(a) The board shall notify, by certified mail
return receipt requested, any tanning facility the board is imposing a fine
upon of:
(1) The
proposed amount of the fine according to Bar 606.02 and Bar 606.03; and
(2) The
person’s right to a hearing before the board prior to final determination of a
fine.
(b) The notice shall state the person has the
following options upon receipt of the notice:
(1) To
waive the right to a hearing and pay the proposed fine immediately;
(2) To
request a pre-hearing conference in accordance with Bar 404.06; or
(3) To
request in writing a hearing in accordance with Bar 404.07.
Source. #8444, eff 10-06-05, EXPIRED: 10-6-13
New. #10808, eff 4-2-15
Bar 606.02 Violation Points for a Tanning Facility.
(a)
For each violation 3 points shall be issued if a tanning facility did
not comply with Bar 603.01 (j) –(m) or (q)-(t).
(b)
For each violation 5 points shall be issued if a tanning facility did not comply with Bar 603.01 (a)– (d) and (f) –
(i).
(c)
For each violation of the following, 25 points shall be issued:
(1) If tanning facility did not comply with Bar
603.01 (n), (o), (p), or (u); and
(2) If tanning facility did not comply with Bar
603.02 (c) or (f).
(d)
For each violation 100 points shall be issued if the tanning facility
did not comply with RSA 313-A:30.
(e)
For each violation 250 points shall be issued if the tanning facility
did not comply RSA 313-A:31.
(f) For each violation 50 points shall be
issued for unprofessional conduct or refusal to sign the inspection form as required
by 604.01 (c). Unprofessional conduct shall include, but
not be limited to:
(1) Hollering, screaming, yelling, swearing or using profanity at the inspector;
(2) Throwing items at the inspector;
(3) Verbally threatening the inspector; and
(4) Grabbing, pulling or
pushing the inspector.
Source. #8444, eff 10-06-05, EXPIRED: 10-6-13
New. #10808, eff 4-2-15
Bar 606.03 Administrative Fine Assessment for a
Tanning Facility. Except as provided
by Bar 606.04, administrative fines shall be assessed as follows:
(a)
For 25 or more, but less than 50 points, the fine imposed shall be $25;
(b)
For 50 or more, but less than 75 points, the fine imposed shall be $50;
(c)
For 75 or more, but less than 100 points the fine imposed shall be $100;
(d)
For 100 or more points the fine imposed shall be one dollar for each
point; and
(e)
For failure to comply with an order of the board, the fine imposed shall
be $500.00;
(f)
For failure to register a tanning facility, the fine shall be in
accordance with RSA 313-A:34.
Source. #8444, eff 10-06-05, EXPIRED: 10-6-13
New. #10808, eff 4-2-15
Bar 606.04 Administrative Fine Adjustments.
(a)
Following a hearing, the board shall increase the amount of a fine
provided for in Bar 606.03 when one or more of the following aggravating
factors are reflected by specific findings of fact, expressed in the record:
(1) Continuing noncompliance with the board
statutes, rules, and directives;
(2) The degree of respondent’s willfulness and/or
negligence involved in the violation;
(3)
Any history of noncompliance with RSA
313-A, rules or directives;
(4) Bad faith or misrepresentation of any
material fact; and
(5) Additional information presented during the
hearing which reflects an aggravating factor based on a totality of circumstances.
(b)
Following a hearing or a pre-hearing conference the board shall decrease
the amount of a fine provided for in Bar 606.03 when mitigating factors
reflected by specific findings of fact, expressed in the record or good faith
efforts to comply with RSA 313-A and the board’s rules, and directives.
Source. #8444, eff 10-06-05, EXPIRED: 10-6-13
New. #10808, eff 4-2-15
Bar 606.05 Multiple Violations.
(a)
The board shall assess separate fines against a party for multiple
violations of the statute and/or rules provided the board makes a separate
finding of fact from the record for each violation.
(b)
Nonpayment of a fine by a registrant in contravention of an order, agreement
or promise to pay, shall result in separate discipline by the board and shall
result in denying any future registration until paid.
Source. #8444, eff 10-06-05, EXPIRED: 10-6-13
New. #10808, eff 4-2-15
CHAPTER Bar
700 MOBILE BARBERSHOP
PART Bar 701 LICENSING OF MOBILE BARBERSHOPS
Bar 701.01 Definitions.
(a) “Mobile barbershop” means “mobile barbershop”
as defined in RSA 313-A, I, XI, namely “a vehicle or structure, readily mobile,
designed, constructed or adapted to serve as a barbershop at multiple sites.”
Source. #13128, eff 10-30-20
Bar 701.02 Mobile Barbershop Requirements and Specifications.
(a) Each mobile barbershop shall be equipped with
each of the following functioning systems:
(1) A self-contained, potable
water supply with water tanks that hold enough water to complete all services
for the day;
(2) A water heater that provides fresh, hot water continuously and on-demand;
(3) A generator with muffler and vent to the outside or solar power with a backup
generator; and
(4) A self-contained, re-circulating, flush chemical toilet with holding tank, for which
all wastewater shall be disposed of in accordance with
Env-Wq 1603.01.
(b) All storage cabinet
doors shall have safety locks.
(c) All equipment
which is not stored in storage cabinets shall be securely anchored to the
mobile barbershop.
(d) All furniture shall be anchored to the mobile
barbershop.
(e) A mobile barbershop shall have posted
policies and procedures in place to assist individuals with disabilities for
services, including services offered at that person’s place of residence.
(f) A mobile barbershop shall display on both
sides of the exterior of the barbershop, the mobile barbershop’s license number
and the name of shop.
(g) Mobile barbershops shall have a fire
extinguisher readily available in the unit.
(h) Mobile barbershops shall comply with the requirements
specified in Bar 302.02 and Bar 302.05 (a), (d), and (f)-(ad).
(i) An inspection pursuant to Bar 701.06 shall be
required prior to operation of the mobile barbershop to ensure compliance with
Bar 404.01, Bar 404.02, Bar 404.03, Bar 701.02, and Bar 701.03. Mobile barbershop licenses shall not be
granted if the mobile barbershop does meet the requirements of Bar 701.06
(j) A mobile barbershop shop license owner shall
maintain a permanent mailing address. The mobile barbershop license owner shall
report any permanent mailing address change to the board within 30 days of the
change.
(k) A mobile barbershop owner shall either:
(1) Have a global positioning
system (GPS) tracking device that enables the board to track the location of the
mobile barbershop over the internet and meet the following requirements:
a. The device shall be on board the mobile
barbershop and functioning at all times the mobile
barbershop is in operation or open for business; and
b. The mobile barbershop owner shall provide the
board with all information necessary to track the unit over the internet; or
(2) Submit to the board via
email, a weekly itinerary showing the dates, exact locations, and times of
services to be provided. The mobile
barbershop license owner shall submit the itinerary not less than 7 calendar
days prior to the beginning of services described in the itinerary and shall
submit to the board any changes in the itinerary not less than 24 hours prior
to the change. A mobile barbershop shall
follow the itinerary in providing services and the mobile barbershop owner
shall notify the board of any change.
(l) Email notification as described in (k) (2)
above shall include the mobile barbershop name and license number, the owner’s
name, address of location, and expected time frame on location.
Source. #13128, eff 10-30-20
Bar 701.03 Application Form for a Mobile Barbershop
License.
(a) Each applicant for a mobile barbershop shall
be currently licensed as a barber or master barber, or have a manager
employed that is currently licensed as a barber or master barber.
(b) Each applicant applying for a mobile
barbershop license shall complete and submit an application
on a “Mobile Shop Application” form, revised 5/2020, and a check, money order,
or cash for the fee required pursuant to Bar 301.09(b)(8).
(c) In addition to the requirements of Bar 301.09
(b) the applicant, and manager if applicable, shall submit on page 3 of the
“Mobile Barbershop Application” the same information and certify to the
truthfulness of the information provided as required by Bar 301.01(b)(5) – (b)(7).
(d) In addition to the requirements above, the
applicant shall provide a bill of sale in the event of a change of ownership
for a mobile barbershop.
(e) Each applicant applying for a mobile
barbershop license to independently operate a booth within a mobile barbershop,
shall complete and submit the application for a booth rental license as
specified in Bar 301.09(e)(1)–(4).
(f) Upon receipt of a completed application in
accordance with (b) or (f) above, the board shall contact the applicant by phone to set up a
date and time of the inspection and requiring the booth renter, shop owner, and
if applicable, manager to be present at the shop during the inspection.
(g) A prior shop owner shall not be required to
have an inspection for an initial booth rental application in a mobile barbershop.
(h) If, upon inspection pursuant
to Bar 701.06, the inspector finds that the shop is in
compliance with RSA 313-A and Bar 404.02(a), the board shall issue a
mobile barbershop license.
(i) The
board shall deny an application if:
(1) The applicant does not meet
the requirements of Bar 700;
(2) The inspector finds the shop is not in compliance with RSA 313-A
or Bar 404.01, with the exception that mobile barbershops need not meet the
square footage requirements in Bar 302.03;
(3) There is pending discipline against the shop
license, shop owner’s personal license(s), or the applicant’s shop or personal
license(s); or
(4) The application contains
fraudulent or deceitful information.
(j) If the board denies an
application pursuant to (i), above, the board shall
return the application to the applicant with all attachments and a letter. The letter shall be in accordance with Bar
301.02(g).
Source. #13128, eff 10-30-20
Bar 701.04 Prohibited Practices for a Mobile
Barbershop.
(a) A mobile barbershop shall not be used as a
residence during hours of operation.
(b) Services shall not be provided while the
mobile barbershop is in motion.
(c) A mobile barbershop shall not operate unless
a mobile barbershop license has been issued by the board.
(d) Mobile barbershops shall
not be driven unless they comply with department of safety rules for motor
vehicle licensing.
(e) Mobile barbershops shall
not operate if the potable water tanks are empty.
Source. #13128, eff 10-30-20
Bar 701.05 Renewal of a
Mobile Barbershop.
(a) Mobile barbershops shall
renew in the same manner as a shop per RSA 313-A:20.
(b) Mobile barbershops shall
complete and submit a “Renewal Application for Two-Year Mobile Shop License”
form, (5/2020 edition) and submit on page 2 the same information and certify to
the truthfulness of the information provided as required by Bar 301.01(b)(5) – (b)(7).
(c) The renewal fee for a mobile barbershop shall be as listed in Bar
401.01(c)(2). f a mobile barbershop
license has expired, the licensee shall pay the renewal fee plus the late fee
as listed in Bar 401.01(g).
Source. #13128, eff 10-30-20
Bar 701.06 Inspections of a Mobile Barbershop.
(a) Inspections of a mobile barbershop shall
include the same requirements as listed for a shop in Bar 404.01, Bar 404.02, and
Bar 404.03.
(b) In addition to (a) above, the inspector shall
inspect for compliance with Bar 701.01 and Bar 701.03.
Source. #13128, eff 10-30-20
Bar 701.07 Violation Points and Disciplinary Action for a
Mobile Barbershop.
(a) Disciplinary sanctions shall be imposed in
the same manner as for a shop in accordance with Bar 402.
(b) Violation points for a mobile barbershop
shall be the same as required in Bar 404.09.
(c) In addition to the violation points in (b)
above, violations for a mobile barbershop shall be as follows:
(1)
For each violation, 25 points shall be issued for failure to comply with
Bar 701.03 (a).
(2)
For each violation, 250 points shall be issued for failure to comply
with Bar 701.03 (b).
(3) For each violation, 50 points shall be issued
for the first offense, 250, for the second offense, 500 for the third offense
for failure to comply with Bar 701.03 (c).
(4)
For each violation, 50 points shall be issued for failure to comply with
Bar 701.03 (d).
(5)
For each violation, 250 points shall be issued for failure to comply
with Bar 701.03 (e).
(6)
For each violation, 250 points shall be issued for failure to comply
with Bar 701.02 (a) (1)-(4).
(7)
For each violation, 100 points shall be issued for failure to comply
with Bar 701.02 (b)-(h).
(8)
For each violation, 50 points shall be issued for failure to comply with
Bar 701.02(k)-(l).
(d) For each violation of 701.01 (i), points shall be issued in accordance with Bar 404.09.
Source. #13128, eff 10-30-20
APPENDIX
Rule |
|
|
|
Bar 101.01 |
RSA 313-A:23 |
Bar 101.02 |
RSA 313-A:24 |
Bar 101.03 |
RSA 313-A:8 |
Bar 101.04 |
RSA 313-A:1, I |
Bar 101.05 |
RSA 313-A:1, II |
Bar 101.06 |
RSA 313-A:1, III |
Bar 101.07 |
RSA 313-A:1, IV |
Bar 101.08 |
RSA 313-A:25 |
Bar 101.09 |
RSA 313-A:1, V |
Bar 101.10 |
RSA 313-A:1, VI |
Bar 101.11 |
RSA 313-A:8 |
Bar 101.12 |
RSA 313-A:8 |
Bar 101.13 |
RSA 313-A:8 |
Bar 101.14 |
RSA 313-A:1, VII |
Bar 101.15 |
RSA 313-A:1,
VIII |
Bar 101.16 |
RSA 313-A:23 |
Bar 101.17 |
RSA 313-A:8 |
Bar 101.18 |
RSA 313-A:8 |
Bar 101.19 |
RSA 313-A:25 |
Bar 101.20 |
RSA 313-A:9 |
Bar 101.21 |
RSA 313-A:8 |
Bar 101.22 |
RSA 313-A:8 |
Bar 101.23 |
RSA 313-A:8 |
Bar 101.24 |
RSA 313-A:1, X |
Bar 101.25 |
RSA 313-A:8 |
Bar 101.26 |
RSA 313-A:8 |
Bar 101.27 |
RSA 313-A:8 |
Bar 101.28 |
RSA 313-A:8 |
Bar 101.29 |
RSA 313-A:1, XIII |
Bar 101.30 |
RSA 313-A:8 |
Bar 101.31 |
RSA 313-A:1,
XIII |
Bar 101.32, 33,
34, 35, 36 |
RSA 313-A:8 |
Bar 101.37 |
RSA 313-A:9, 19
and 24 |
Bar 101.38 |
RSA 313-A:8 |
Bar
102 |
RSA
313-A:7 |
Bar
103 |
RSA
313-A:4, RSA 313-A:7, III |
Bar 103.02 |
RSA 313-A:4, RSA
313-A, I(b) and (d) |
|
|
Bar 201.01 |
RSA 313-A:22 and
RSA 318-A:23 |
Bar 201.02 |
RSA 541-A:16, I
(b) |
|
|
Bar
301.01-301.02 |
RSA
313-A:10, I(c)(2), RSA 313-A:11, I(c)(2); RSA 313-A:24 |
Bar 301.03 (a)
& (b) |
RSA 313-A:10,
I(c)(1), (2), RSA 313-A:11, I(c)(1), (2); RSA 313-A:12, RSA 313-A:13 |
Bar 301.03
(b)(1) |
RSA 313-A:10,
I(c)(1), (2) |
Bar 301.03
(b)(2) |
RSA 313-A:11,
I(c)(1), (2) |
Bar 301.03
(b)(3) |
RSA 313-A:12, I |
Bar 301.03
(b)(4) |
RSA 313-A:11 and
RSA 313-A:12 |
Bar 301.03
(b)(5) |
RSA 313-A:10,
I(c)(1), (2) |
Bar 301.03
(c)-(x) |
RSA 313-A:24 |
Bar
301.04-301.06 |
RSA
313-A:8, VII and RSA 313-A:24 |
Bar
301.07 (a)-(f), (i), (k) & (l) |
RSA
313-A:9, RSA 313-A:16 |
Bar
301.07(d) |
RSA
313-A:9; RSA 313-A:24 |
Bar
301.07 (g), (h) & (j) |
RSA
313-A:18 |
Bar
301.07(m) |
RSA
313-A:16 |
Bar 301.08 (a)
& (b) |
RSA 313-A:8, V |
Bar 301.08
(a)-(c) & (f) |
RSA 313-A:9 and
RSA 313-A:16 |
Bar 301.08
(d)-(e) |
RSA 313-A:18 |
Bar 301.09 |
RSA 313-A:9, RSA
313-A:16, and RSA 313-A:19 |
Bar 301.10 |
RSA 313-A:9 and
RSA 313-A:16 |
Bar 302.01 |
RSA 313-A:9, IV |
Bar 302.01 (a) |
RSA 313-A:9, IV |
Bar 302.02-302.03 |
RSA 313-A:8, X
and RSA 313-A:19 |
Bar 302.04 |
RSA 313-A:19, II(b) |
Bar 302.02 (b)
& (f) |
RSA 313-A:8, X
and RSA 313-A:19 |
Bar 302.02 (d) |
RSA 313-A:7, X;
RSA 313-A:17 |
Bar 302.04 |
RSA 313-A:19,
II(b) |
Bar 302.05 |
RSA 313-A:7, X;
RSA 313-A:8, X; RSA 313-A:17; RSA 313-A:19 |
Bar 302.06 |
RSA 313-A:8, V
RSA 313-A:9, IV |
Bar
302.06 (k) |
RSA
313-A:8, V |
Bar
302.06 |
RSA
313-A:8, V RSA 313-A:9, IV |
Bar 302.07 |
RSA 313-A:8, X,
XIV |
Bar 303.09 |
RSA 313-A:19 |
Bar 303.01,
303.02,303.03 - 303.04, 303.05,303.06 |
RSA
313-A:10, I(d); RSA 313-A:11, I(d); RSA 313-A:12, I; RSA 313-A:13;
RSA 313-A:15 |
Bar
303.06 |
RSA
313-A:10, I(d); RSA 313-A:11, I(d); RSA 313-A:12, I |
Bar
303.04 (a) Bar
303.06 (a) Bar
303.10 |
RSA
313-A:10, I(d); RSA 313-A:11, I(d); RSA 313-A:12, I RSA
313-A:13; RSA 313-A:15 |
Bar 303.07 (a) |
RSA 313-A:15 |
Bar 303.07 (b)
intro., (1), (2), & (6) |
RSA 313-A:10,
I(d) |
Bar
303.07 (b)(1), (2), & (6) |
RSA
313-A:10, I(d) |
Bar 303.07
(b)(3) |
RSA 313-A:13 |
Bar 303.07 (b)(4) |
RSA 313-A:12, I |
Bar 303.07 (b)(5) |
RSA 313-A:15, RSA 313-A:8, XII |
Bar 303.07 (c) |
RSA 313-A:15 |
Bar
303.08 |
RSA
313-A:15; RSA 313-A:8, III |
Bar 303.09 (a) |
RSA 313-A:19 |
Bar 303.10 |
RSA-A:10, I (d),
RSA 313-A:11, I (d); RSA 313-A:8, III |
Bar 304 |
RSA 313-A:14 |
Bar 304.01 |
RSA 313-A:8, I-II; RSA 313-A:14 |
Bar
305 |
RSA
313-A:10, II; RSA 313-A:11, II, RSA 541-A:22, IV; RSA 313-A:8, XVI |
|
|
Bar 404.01 |
RSA 313-A:21 |
Bar 401.01 (b)
& (d) |
RSA 313-A:18 |
Bar 401.01 (c),
(i), (k), (l), & (m) |
RSA 313-A:20 |
Bar 401.02 |
RSA 313-A:20 |
Bar 402 |
RSA 313:A:22 |
Bar 404.01 |
RSA 313-A:21 |
Bar 404.02 |
RSA 313-A:19;
RSA 313-A:21 |
Bar 404.03 |
RSA 313-A:19;
RSA 313-A:21; RSA 313-A:23 |
Bar 404.04 |
RSA 313-A:19 and
RSA 313-A:7, XVI |
Bar 404.05 |
RSA 313-A:19 and
RSA 313-A:7, XVI |
Bar
404.06-404.12 |
RSA 313-A:7, VI |
|
|
Bar
501.01 |
RSA
313-A:10, I(a), RSA 313-A:11, I(a), RSA 313-A:12, and RSA
313-A:13; RSA 313-A:8, VI |
Bar
501.02 |
RSA
313-A:22,II (c); RSA 313-A:8, VI |
|
|
Bar 601.01 |
RSA 313-A:1,
VIII-a |
Bar 601.02 |
RSA 313-A:1,
XI-a |
Bar 601.03 |
RSA 313-A:8, X-a |
Bar 601.04 |
RSA 313-A:1,
XI-b |
Bar 601.05 |
RSA 313-A:1,XIV |
Bar 601.06 |
RSA 313-A:1, XV |
Bar 601.07 |
RSA 313-A:1, XVI |
Bar 602.01 |
RSA 313-A:28, II |
Bar
603.01 |
RSA 313-A:8, X-a |
Bar 603.02 |
RSA 313-A:30 |
Bar 603.02 (b) |
RSA 313-A:30, I
(f), IV |
Bar 603.02 (c) |
RSA 313-A:30, I
(f), IV |
Bar 603.02 (d) |
RSA 313-A:30, I
(c) |
Bar 603.02 (e) |
RSA 313-A:30, I
(b), (j) |
Bar 603.02 (f) |
RSA 313-A:30, I
(c) |
Bar 603.02 (g) |
RSA 313-A:30, I
(c) |
Bar 603.02 (h) |
RSA 313-A;30 I
(j), VI |
Bar 603.02 (i) |
RSA 313-A:30, I
(b) |
Bar 603.02 (h) |
RSA 313-A:30 II
(j) |
Bar 603.03 |
RSA 313-A:30,
RSA 313-A:32 |
Bar 603.04 |
RSA 313-A:30,V |
Bar 604.01 |
RSA 313-A:8,X-a |
Bar 605.01 |
RSA 313-A:29 |
Bar 605.02 and
605.03 |
RSA 313-A:29 |
Bar 606 |
RSA 313-A:22 |
|
|
Bar 700 |
RSA 313-A:8,
XIII |