Provides option for individuals to satisfy requirements for licensure as manicurist through apprenticeship.

A1378

ASSEMBLY, No. 1378

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ELLEN J. PARK

District 37 (Bergen)

SYNOPSIS

���� Provides option for individuals to satisfy
requirements for licensure as manicurist through apprenticeship.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning apprenticeships for manicurists, and supplementing and amending
P.L.1984, c.205 (C.45:5B-1 et seq.).

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

���� 1.��� Section 3 of P.L.1984,
c.205 (C.45:5B-3) is amended to read as follows:

���� 3.��� As used in this act:

���� a.���� "Barber"
means any person who is licensed to engage in any of the practices encompassed
in barbering.

���� b.��� "Barbering"
means any one or combination of the following practices when performed on the
human body for cosmetic purposes and not for the treatment of disease or
physical or mental ailments and when performed for the general public,
primarily for male customers:

���� (1)�� shaving or trimming of
the beard, mustache or other facial hair;

���� (2)�� shampooing, cutting,
arranging, relaxing or styling of the hair;

���� (3)�� singeing, dyeing,
tinting, coloring, bleaching of the hair;

���� (4)�� applying cosmetic
preparations, antiseptics, tonics, lotions or creams to the hair, scalp, face
or neck;

���� (5)�� massaging, cleansing or
stimulating the face, neck or scalp with or without cosmetic preparations,
either by hand, mechanical or electrical appliances; or

���� (6)�� cutting, fitting,
coloring or styling of hairpieces or wigs, to the extent that the services are
performed while the wig is being worn by a person.

���� c.���� "Beautician"
means any person who is licensed to engage in any of the practices encompassed
in beauty culture.

���� d.��� "Beauty
culture" means any one or combination of the following practices when
performed on the human body for cosmetic purposes and not for the treatment of
disease or physical or mental ailments and when performed for the general
public, primarily for female customers:

���� (1)�� shampooing, cutting,
arranging, dressing, relaxing, curling, permanent waving or styling of the
hair;

���� (2)�� singeing, dyeing,
tinting, coloring, bleaching of the hair;

���� (3)�� applying cosmetic
preparations, antiseptics, tonics, lotions, creams or makeup to the hair,
scalp, face, neck or upper part of the body;

���� (4)�� massaging, cleansing, or
stimulating the face, scalp, neck or upper part of the body, with or without
cosmetic preparations either by hand, mechanical or electrical appliances;

���� (5)�� removing superfluous
hair from the face, neck, arms, legs or abdomen by the use of depilatories,
waxing or tweezers, but not by the use of electrolysis;

���� (6)�� manicuring the
fingernails, nail-sculpturing or pedicuring the toenails; or

���� (7)�� cutting, fitting,
coloring or styling of hairpieces or wigs to the extent that the services are
performed while the wig is being worn by a person.

���� e.���� "Board" means
the New Jersey State Board of Cosmetology and Hairstyling.

���� f.���� "Board of Barber
Examiners" means the State Board of Barber Examiners established pursuant
to P.L.1938, c.197

(C.45:4-27 et seq.).

���� g.��� "Board of Beauty
Culture Control" means the Board of Beauty Culture Control established
pursuant to Chapter 4A of Title 45 of the Revised Statutes.

���� h.��� "Clinic" means
a designated portion of a licensed school in which members of the general
public may receive cosmetology and hairstyling services from senior students in
exchange for a fee.� The clinic shall clearly post the fees for the cosmetology
and hairstyling services and provide notice to consumers that the services
provided in the clinic are performed by senior students under the supervision
of licensed instructors.

���� i.���� "Cosmetologist-hairstylist"
means any person who is licensed to engage in the practices encompassed in
cosmetology and hairstyling.

���� j.���� "Cosmetology and
hairstyling" means any one or combination of the following practices when
performed on the human body for cosmetic purposes and not for the treatment of
disease or physical or mental ailments and when performed for the general public,
for male or female customers:

���� (1)�� shaving or trimming of
the beard, mustache or other facial hair;

���� (2)�� shampooing, cutting,
arranging, dressing, relaxing, curling, permanent waving or styling of the
hair;

���� (3)�� singeing, dyeing,
tinting, coloring, bleaching of the hair;

���� (4)�� applying cosmetic
preparations, antiseptics, tonics, lotions, creams or makeup to the hair,
scalp, face or neck;

���� (5)�� massaging, cleansing or
stimulating the face, neck or upper part of the body, with or without cosmetic
preparations, either by hand, mechanical or electrical appliances;

���� (6)�� removing superfluous
hair from the face, neck, arms, legs or abdomen by the use of depilatories,
waxing or tweezers, but not by the use of electrolysis;

���� (7)�� manicuring the
fingernails, nail-sculpturing or pedicuring the toenails;

���� (8)�� cutting, fitting,
coloring or styling of hairpieces or wigs to the extent that the services are
being performed while the wig is being worn by a person.

���� (9)�� (Deleted by amendment,
P.L.2018, c.126)

���� k.��� "Manicurist"
means a person who holds a license to engage in only the practice of
manicuring.

���� l.���� "Manicuring"
means any one or combination of the following practices when performed on the
human body for cosmetic purposes and not for the treatment of disease or
physical or mental ailments and when performed for the general public, for male
or female customers:

���� (1)�� manicuring of the
fingernails;

���� (2)�� pedicuring of the
toenails;

���� (3)�� nail sculpturing; or

���� (4)�� removing superfluous
hair from the face, neck, arms, legs or abdomen by the use of depilatories,
waxing or tweezers, but not by the use of electrolysis.

���� m.�� "Owner" means
any person, corporation, firm or partnership who has a financial interest in a
school or shop entitling him to participate in the promotion, management and
proceeds thereof. It does not include a person whose connection with a school
or shop entitles him only to reasonable salary or wages for services actually
rendered.� "Owner" shall also mean any person, corporation, firm or
partnership who has a financial interest in a hair braiding shop entitling the
person, corporation, firm or partnership to participate in the promotion,
management and proceeds thereof.

���� n.��� "Practicing
licensee" means any person who holds a license to practice barbering,
beauty culture, cosmetology and hairstyling, manicuring or as a skin care
specialist.

���� o.��� "Registered
student" means a person who is engaged in learning and acquiring a
knowledge of any of the practices included in the definition of cosmetology and
hairstyling, including beauty culture, barbering, manicuring and skin care
specialty, under the direction and supervision of a person duly authorized
under this act to teach cosmetology and hairstyling and who is enrolled in a
program of instruction at a licensed school of cosmetology and hairstyling,
completion of which may render him eligible for licensure pursuant to this act
but does not mean a person who is enrolled in a public school vocational
program in cosmetology and hairstyling approved by the State Board of Education
or in any other cosmetology and hairstyling program approved by the State Board
of Education.

���� p.��� "Registration
card" means a document issued by the board to a registered student upon
receipt of documentation from a licensed school of cosmetology and hairstyling
that the student is enrolled.

���� q.��� "School" means
an establishment or place licensed by the board to be maintained for the
purpose of teaching cosmetology and hairstyling, beauty culture, barbering,
manicuring, hair braiding or skin care specialty to registered students.

���� r.���� "Senior
student" means a registered student who has successfully completed
one-half of the total hours of instruction required for licensure as a
cosmetologist-hairstylist, beautician, barber, manicurist or skin care
specialist in a licensed school of cosmetology and hairstyling, as determined
by the board pursuant to regulation, or in any public school vocational
training program approved by the State Board of Education.

���� s.���� "Student
permit" means a permit issued to a senior student which enables him to
practice cosmetology and hairstyling, beauty culture, barbering, manicuring or
skin care specialty, as appropriate, based on the course of instruction in
which the student is enrolled, in a school clinic or shop while a registered
student at a licensed school of cosmetology and hairstyling or enrolled in an
approved vocational training program.

���� t.���� "Shop" means
any fixed establishment, mobile facility, or place where one or more persons
engage in one or more of the practices included in the definition of
cosmetology and hairstyling, barbering, beauty culture, manicuring, hair
braiding or skin care specialty.

���� u.��� "Teacher"
means any person who is licensed by the board to give instruction or training
in the theory or practice of cosmetology and hairstyling, beauty culture,
barbering, manicuring or skin care specialty.

���� v.��� "Temporary
permit" means a permit issued to applicants for licensure awaiting
scheduling or results of an examination.

���� w.�� (Deleted by amendment,
P.L.2009, c.162)

���� x.��� "Skin care
specialist" means a person who holds a license to engage in only the
practices included in the definition of skin care specialty.

���� y.��� "Skin care
specialty" means any one or combination of the following practices when
performed on the male or female human body for cosmetic purposes and not for
the treatment of disease or physical or mental ailments and when performed for
the general public, primarily for male customers:

���� (1)�� applying cosmetic
preparations, antiseptics, tonics, lotions, creams or makeup to the scalp, face
or neck;

���� (2)�� massaging, cleansing or
stimulating the face, neck or upper part of the body, with or without cosmetic
preparations, either by hand, mechanical or electrical appliances; or

���� (3)�� removing superfluous
hair from the face, neck, arms, legs or abdomen by the use of depilatories,
waxing or tweezers, but not by the use of electrolysis.

���� z.���� (Deleted by amendment,
P.L.2009, c.162)

���� aa.�� "Hair braider"
or "hair braiding specialist" means a person who holds a license to
engage in only the practice of hair braiding.

���� bb.� "Hair braiding"
means the twisting, wrapping, weaving, extending, locking, or braiding of hair
by hand or with mechanical devices.� "Hair braiding" may include the
use of: natural or synthetic hair extensions or fibers, decorative beads, and
other hair accessories; minor trimming of natural hair or hair extensions
incidental to twisting, wrapping, weaving, extending, locking, or braiding
hair; making of wigs from natural hair, natural or synthetic fibers, and hair
extensions; and the use of topical agents in conjunction with performing hair
braiding, including conditioners, gels, moisturizers, oils, pomades, and
shampoos.

���� cc.�� "Committee"
means the Hair Braiding Establishment Advisory Committee established pursuant
to section 3 of P.L.2018, c.126.

���� dd.� "Mobile
facility" means a shop capable of being moved from one place to another as
or by a motor vehicle that shall be properly registered, insured, and inspected
in accordance with all applicable motor vehicle laws and regulations and in
compliance with all appropriate municipal laws and regulations including, but
not limited to, licensing and land use approvals and permits, if applicable.

����
ee.�� �Manicuring
apprenticeship� means a plan containing all terms and conditions for the
qualification, recruitment, selection, employment, and training of apprentices,
as required pursuant to 29 C.F.R. ss.29 and 30, in pursuit of licensure as a
manicurist. A �manicuring apprentice� means an individual enrolled in a
manicuring apprenticeship.

(cf: P.L.2021, c.275, s.1)

���� 2.��� Section 7 of P.L.1984,
c.205 (C.45:5B-7) is amended to read as follows:

���� 7.��� No person shall render
any of the services encompassed within the definition of cosmetology and
hairstyling, beauty culture, barbering, manicuring, hair braiding and skin care
specialty services, without first having secured a license from the board which
permits the offering of that service in accordance with the authority provided
by the license, except for the following persons when acting within the scope
of their profession or occupation:

���� a.���� Persons authorized by
the laws of this State to practice medicine and surgery, dentistry,
chiropractic and acupuncture;

���� b.��� Registered nurses,
licensed practical nurses, nurses' aides, physical therapists, physical therapy
assistants, and other licensed health care professionals;

���� c.���� Personnel employed by,
and providing services in facilities regulated by, the United States Department
of Veterans Affairs or the United States Department of Defense;

���� d.��� Persons employed to
render cosmetology and hairstyling services in the course of and incidental to
the business of employers engaged in the theatrical, radio, television or
motion picture production industries, modeling or photography;

���� e.���� Persons employed to
demonstrate, recommend or administer cosmetic preparations, lotions, creams,
makeup or perfume intended for home use for the purposes of effecting retail
sales if those persons neither accept payment from the consumer for that
demonstration nor make the demonstration contingent upon the purchase of any
product or service;
[
or
]

���� f.���� Senior students holding
a student permit; provided that those services are rendered in a school clinic
or licensed shop during hours that the student does not have scheduled classes
;
or

����
g.��� Manicuring
apprentices
.

(cf: P.L.2018, c.126, s.4)

���� 3.��� Section 8 of P.L.1984,
c.205 (C.45:5B-8) is amended to read as follows:

���� 8.��� No person shall offer or
render any of the services encompassed within the definition of cosmetology and
hairstyling, beauty culture, barbering, manicuring, hair braiding and skin care
specialty services, in a place which is not licensed as a shop or school,
except that a practicing licensee, duly licensed pursuant to this act, may
render the services which he is licensed to offer:�

���� a.���� Upon patients in
hospitals, nursing homes, and other licensed health care facilities;�

���� b.��� Upon inmates and
residents of institutions of the Department of Corrections or the Department of
Human Services;

���� c.���� Upon a person with a
disability in the person's place of residence, if the practicing licensee is
sponsored by a licensed shop and a record of those services is maintained by
that shop;�

���� d.��� Upon performers or
models, prior to, in anticipation of or during a performance; or

���� e.���� Upon potential
consumers of cosmetic preparations, lotions, creams, makeup or perfume which
are intended for home use if the application of the product is made for the
purposes of effecting a retail sale and the person neither accepts payment from
the consumer for the service, nor makes the provision of the service contingent
upon the purchase of any product or service.

���� Nothing contained in this
section shall be construed to preclude a student enrolled in a school of
cosmetology and hairstyling licensed in this State, or in a public school
approved by the State Board of Education to offer a vocational program in
cosmetology and hairstyling, or a student enrolled in a cosmetology and
hairstyling program approved by the State Board of Education
, or a
manicuring apprentice
from engaging in any activities incident to the
instruction provided in such school
[
or
]
,

program
, or licensed shop
.

(cf: P.L.2021, c.275, s.2)

����� 4.
(New section)��� A licensure in manicuring may be obtained if an individual
demonstrates:

����� a.�� meeting
the requirements of section 16 of P.L.1984, c.205 (C.45:5B-16);

����� b.�� completion,
in a form and manner as determined by the board, of an apprenticeship program
in manicuring registered with or approved by the United States Department of
Labor, or a similar program as provided by a trade school or other facility
accredited by a regional or national accrediting agency recognized by the
United States Department of Education, that allows for the individual to
prepare for a career in manicuring, and

���� c.���� passage
of an examination in accordance with subsection c. of section 22 of P.L.1984,
c.205 (C.45:5B-22).

���� 5.� This act shall take effect
on the first day of the thirteenth month next after enactment.

STATEMENT

���� This bill provides the option
for an individual to fulfill the requirements for licensure as a manicurist
through the completion of an apprenticeship.� Under the bill, �manicuring
apprenticeship� is defined as a plan containing all terms and conditions for
the qualification, recruitment, selection, employment, and training of
apprentices, as is required pursuant to federal regulation, in pursuit of
licensure as a manicurist.� An applicant seeking a manicuring license through
an apprenticeship is required to be at least 17 years of age; of good moral
character; free of any communicable, contagious, or infectious disease which
could reasonably be expected to be transmitted during the course of rendering
manicuring services; and a high school graduate with a diploma or who successfully
passed an examination developed by the General Education Development Testing
Service.�

���� Additionally, the applicant is
to pass the examination required of individuals who seek licensure in
manicuring by completing a course of study offered at a school of cosmetology
and hairstyling, an approved vocational program at a public school, or a school
in another state or country with substantially similar curriculum.