NEW JERSEY REGISTER
VOLUME 33, NUMBER 15
MONDAY, AUGUST 6, 2001
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF COSMETOLOGY AND HAIRSTYLING
PROHIBITION OF BODY PIERCING SERVICES
Additions are indicated by <<+ Text +>>; deletions by <<- Text ->>.
Changes in tables are made but not highlighted.
Proposed Amendment: N.J.A.C. 13:28-2.10
Authorized By: New Jersey Board of Cosmetology and Hairstyling,
Richard Griswold, Executive Director.
Authority: N.J.S.A. 45:5B-6(r).
Proposal Number: PRN 2001-321.
Submit comments by October 5, 2001 to:
Richard Griswold, Executive Director
New Jersey Board of Cosmetology and Hairstyling
124 Halsey Street
PO Box 45003
Newark, New Jersey 07101
The agency proposal follows:
Pursuant to its general rulemaking authority, N.J.S.A. 45:5B-6(r), the New Jersey Board of Cosmetology and Hairstyling (the Board) proposes to amend N.J.A.C. 13:28-2.10, which delineates what type of ancillary services may be provided to consumers by Board licensees in licensed cosmetology shops and schools. This proposal has not been calendared pursuant to the requirements of N.J.A.C. 1:30-3.1 and, therefore, a 60 day public comment period is provided pursuant to N.J.A.C. 1:30-3.3(a)5.
The Board proposes to amend N.J.A.C. 13:28-2.10 in order to prohibit licensed shops and schools of cosmetology and hairstyling from offering body piercing services of any type. The Board proposes this amendment in light of recent concerns among members of the regulated community and the general public that some cosmetology shops may be offering such services without due regard for the health, safety and welfare of New Jersey consumers.
N.J.S.A. 45:5B-37 of the Cosmetology and Hairstyling Act, N.J.S.A. 45:5B-1 et seq., provides that the Board may adopt regulations prohibiting certain ancillary services for the beautification of the body which the Board has determined pose a health hazard to the public. After careful review and consideration of the appropriateness of body piercings performed by Board licensees in licensed shops and schools, the Board has determined that the provision of such ancillary services raises serious safety issues for New Jersey consumers. Because no established training program exists in the State for the provision of body piercing services at this time, the Board believes it cannot ensure that licensees will be able to perform body piercings in a manner that will adequately protect consumers against the spread of infection and disease that may be associated with piercings.
In addition, the Board believes that any regulation in this area is more appropriately left to the discretion of the Department of Health and Senior Services. N.J.S.A. 26:1A-7 vests in the Public Health Council the authority to regulate the conduct of body piercing. The Division of Epidemiology, Environmental and Occupational Health Services in the Department of Health and Senior Services recently proposed, at 33 N.J.R. 949(a), rules concerning appropriate procedures to be followed for body piercing and other body art procedures. These rules were proposed after a thorough review of the issue by the Department of Health, in consultation with the New Jersey Health Officers Association, the New Jersey Environmental Health Association, the Public Health Council, the Board of Medical Examiners, the New Jersey Healthcare Central Service Association, the Ear Piercing Manufacturers of the United States, Inc., tattoo practitioners, body piercing practitioners, and permanent cosmetic practitioners. The Board believes that the rules proposed by the Department of Health and Senior Services will serve to adequately protect members of the general public who seek body piercing services.
In light of the foregoing, the Board believes that the proposed amendment to prohibit body piercings of any type in licensed shops and schools of cosmetology and hairstyling is reasonable and is necessary to protect the health, safety and welfare of New Jersey consumers.
The Board believes that the proposed amendment to N.J.A.C. 13:28-2.10 will have a positive impact upon the licensed community by providing licensees with clear direction as to the inappropriateness of providing body piercing services in licensed shops or schools of cosmetology and hairstyling. The proposed amendment will also have a positive impact upon consumers by ensuring that the provision of body piercing services, which the Board believes may be performed in an unsafe manner, is strictly prohibited in licensed shops and schools.
The Board believes that the proposed amendment may have an economic impact upon licensed cosmetology and hairstyling shops and schools, to the extent that licensed shops and schools that have previously provided body piercing services will be precluded from offering such services in the future. As a result, licensed shops and schools could experience a loss of revenue associated with the provision of such services. The Board cannot anticipate the extent of the impact that the proposed amendment may have on such shops because the Board is not aware of the fees charged for such services. The Board, however, believes that the economic impact that may be borne by establishment owners as a result of the proposed amendment is outweighed by the need to ensure the health, safety and welfare of New Jersey consumers.
Federal Standards Statement
A Federal standards analysis is not required because the proposed amendment is governed by N.J.S.A. 45:5B-1 et seq., and is not subject to any mandated Federal requirements or standards.
It is possible that the proposed amendments may result in the loss of jobs in certain cosmetology and hairstyling shops or schools, to the extent that such shops or schools have previously retained the services of a licensee to perform body piercings. Because such services will now be prohibited, licensed shops and schools may have to eliminate these employment positions. The Board cannot anticipate the extent of such impact because it is unclear how many shops or schools have been providing body piercing services to consumers. The Board, however, believes that any jobs impact that may result from the proposed amendment is outweighed by the need to ensure the health, safety and welfare of consumers in the provision of appropriate cosmetology and hairstyling services.
Agriculture Industry Impact
The Board does not believe that the proposed amendment will have any impact on the agriculture industry in New Jersey.
Regulatory Flexibility Analysis
The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Board to give a description of the types and an estimate of the number of small businesses to which the proposed amendment will apply. Currently, the Board licenses approximately 80,000 practitioners, establishments and schools of cosmetology and hairstyling. If, for purposes of the Act, Board licensees are considered "small businesses" within the meaning of the Act, then the following analysis applies.
The Act requires the Board to set forth the reporting, recordkeeping and other compliance requirements of the proposed amendment, including the kinds of professional services likely to be needed to comply with the requirements. The Act further requires the Board to estimate the initial and annual compliance costs of the proposed amendment, to outline the manner in which it has designed the rule to minimize any adverse economic impact upon small businesses, and to set forth whether the proposed amendment establishes differing compliance requirements for small businesses.
The proposed amendment to N.J.A.C. 13:28-2.10 does not impose any reporting or recordkeeping requirements upon Board licensees. The proposed amendment does, however, impose compliance requirements upon licensees because N.J.A.C. 13:28-2.10(e) prohibits licensees from performing any type of body piercings in any shop or school of cosmetology and hairstyling.
No additional professional services will be needed to comply with the proposed amendment. In addition, the Board does not believe that there will be any significant economic impact upon licensees as a result of the proposed amendment. The costs of compliance with the proposed amendment are addressed in the Economic Impact section above. The Board believes that the proposed amendment should be uniformly applied to all licensed practitioners, licensed shops, and licensed cosmetology and hairstyling schools in order to ensure the health, safety and welfare of the general public in the practice of cosmetology services and, therefore, no differing compliance requirements for any Board licensees are provided based on size.
Full text of the proposal follows:
<< NJ ADC 13:28-2.10 >>
13:28-2.10 Ancillary services
(a)-(d) (No change.)
<<+(e) Body piercing shall not be performed in any licensed shop or school of cosmetology and hairstyling. For purposes of this section, "body piercing" means puncturing or penetrating any part of a person's body with a needle or other instrument for the purpose of inserting jewelry or another object into the body.+>>
33 N.J.R. 2593(a)
END OF DOCUMENT
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