HB0320Enacted

Amends TCA Title 62, Chapter 3 and Title 62, Chapter 4.

This bill removes the licensure requirement for engaging in natural hair styling as an occupation.<br /> <br /> Under present law, natural hair styling is considered to be a practice of cosmetology, and, as such, a person performing that service must be licensed and is subject to the provisions of present law governing cosmetologists.<br /> <br /> This bill removes the licensure requirement for engaging in natural hair styling.<br /> <br /> Present law defines "natural hair styling" as techniques that result in tension on hair strands such as twisting, wrapping, weaving, extending, locking or braiding of the hair by hand or mechanical appliances, which work does not include the application of dyes, reactive chemicals or other preparations to alter the color or to straighten, curl or alter the structure of the hair. The techniques include providing or offering to the general public for compensation any of the following services solely for development or improvement of physical qualities of the natural hair structure:<br /> <br /> (1) Intertwining in a systematic motion to create patterns in a three-dimensional form;<br /> (2) Inversion or outversion flat against the scalp along the part of a straight or curved row; or<br /> (3) Extension with natural or synthetic fibers.<br /> <br /> This bill redefines "natural hair styling" to mean twisting, wrapping, weaving, extending, locking, or natural hair braiding by hand or with mechanical devices and including:<br /> <br /> (1) The use of natural or synthetic hair extensions, natural or synthetic hair and fibers, decorative beads, or other hair accessories;<br /> (2) Minor trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking, or braiding hair;<br /> (3) The making of wigs from natural hair, natural fibers, synthetic fibers, or hair extensions; and<br /> (4) The use of topical agents, such as conditioners, gels, moisturizers, oils, pomades, or shampoos in conjunction with performing the services described in (1)-(3).<br /> <br /> This bill excludes the following from the definition of "natural hairstyling," thereby maintaining the licensure requirement for the performance of such services:<br /> <br /> (1) The application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair; and<br /> (2) The use of chemical hair joining agents, such as synthetic tape, keratin bonds, or fusion bonds.<br /> <br /> ON APRIL 1, 2019, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1185, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites the bill and exempts a person who engages in hair braiding from the cosmetologist licensure requirements if the person, before engaging in hair braiding:<br /> <br /> (1) Attends 16 hours of training in health and hygiene, either in person or online, as approved by the commissioner of commerce and insurance; receives a certificate indicating attendance from the training; attests to the one-time training at biennial registration; and retains and displays the certificate on request;<br /> (2) Biennially registers with the department of commerce and insurance, providing a name, address, and phone number at which the person can be reached, and pays a $30.00 registration fee;<br /> (3) Uses only disposable instruments or implements that are sanitized in a disinfectant approved for hospital use or approved by the federal environmental protection agency; and<br /> (4) Posts a notice at the place of operation indicating that the person is not licensed by the state board of cosmetology and barber examiners. <br /> <br /> This amendment prohibits persons providing hair braiding services pursuant to this amendment from referring to themselves as a licensed natural hair stylist unless they meet the licensing requirement for engaging in natural hair styling.<br /> <br /> It should be noted that the definition of "hair braiding" provided in this amendment shares elements with the present law definition of "natural hair styling," which is considered to be a practice of cosmetology and for which a license is required.<br /> <br /> This amendment defines "hair braiding" as techniques that result in tension on hair strands, such as twisting, wrapping, weaving, extending, locking, or braiding of the hair, by hand or mechanical appliances for compensation, without cutting, coloring, relaxing, removing, chemically treating, or using other preparations to straighten, curl, or alter the structure of the hair.<br /> <br /> Present law defines "natural hair styling" as techniques that result in tension on hair strands such as twisting, wrapping, weaving, extending, locking or braiding of the hair by hand or mechanical appliances, which work does not include the application of dyes, reactive chemicals or other preparations to alter the color or to straighten, curl or alter the structure of the hair. The techniques include providing or offering to the general public for compensation any of the following services solely for development or improvement of physical qualities of the natural hair structure: intertwining in a systematic motion to create patterns in a three-dimensional form; inversion or outversion flat against the scalp along the part of a straight or curved row; or extension with natural or synthetic fibers.<br /> <br />

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Overview

This bill removes the licensure requirement for engaging in natural hair styling as an occupation.<br /> <br /> Under present law, natural hair styling is considered to be a practice of cosmetology, and, as such, a person performing that service must be licensed and is subject to the provisions of present law governing cosmetologists.<br /> <br /> This bill removes the licensure requirement for engaging in natural hair styling.<br /> <br /> Present law defines "natural hair styling" as techniques that result in tension on hair strands such as twisting, wrapping, weaving, extending, locking or braiding of the hair by hand or mechanical appliances, which work does not include the application of dyes, reactive chemicals or other preparations to alter the color or to straighten, curl or alter the structure of the hair. The techniques include providing or offering to the general public for compensation any of the following services solely for development or improvement of physical qualities of the natural hair structure:<br /> <br /> (1) Intertwining in a systematic motion to create patterns in a three-dimensional form;<br /> (2) Inversion or outversion flat against the scalp along the part of a straight or curved row; or<br /> (3) Extension with natural or synthetic fibers.<br /> <br /> This bill redefines "natural hair styling" to mean twisting, wrapping, weaving, extending, locking, or natural hair braiding by hand or with mechanical devices and including:<br /> <br /> (1) The use of natural or synthetic hair extensions, natural or synthetic hair and fibers, decorative beads, or other hair accessories;<br /> (2) Minor trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking, or braiding hair;<br /> (3) The making of wigs from natural hair, natural fibers, synthetic fibers, or hair extensions; and<br /> (4) The use of topical agents, such as conditioners, gels, moisturizers, oils, pomades, or shampoos in conjunction with performing the services described in (1)-(3).<br /> <br /> This bill excludes the following from the definition of "natural hairstyling," thereby maintaining the licensure requirement for the performance of such services:<br /> <br /> (1) The application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair; and<br /> (2) The use of chemical hair joining agents, such as synthetic tape, keratin bonds, or fusion bonds.<br /> <br /> ON APRIL 1, 2019, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1185, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites the bill and exempts a person who engages in hair braiding from the cosmetologist licensure requirements if the person, before engaging in hair braiding:<br /> <br /> (1) Attends 16 hours of training in health and hygiene, either in person or online, as approved by the commissioner of commerce and insurance; receives a certificate indicating attendance from the training; attests to the one-time training at biennial registration; and retains and displays the certificate on request;<br /> (2) Biennially registers with the department of commerce and insurance, providing a name, address, and phone number at which the person can be reached, and pays a $30.00 registration fee;<br /> (3) Uses only disposable instruments or implements that are sanitized in a disinfectant approved for hospital use or approved by the federal environmental protection agency; and<br /> (4) Posts a notice at the place of operation indicating that the person is not licensed by the state board of cosmetology and barber examiners. <br /> <br /> This amendment prohibits persons providing hair braiding services pursuant to this amendment from referring to themselves as a licensed natural hair stylist unless they meet the licensing requirement for engaging in natural hair styling.<br /> <br /> It should be noted that the definition of "hair braiding" provided in this amendment shares elements with the present law definition of "natural hair styling," which is considered to be a practice of cosmetology and for which a license is required.<br /> <br /> This amendment defines "hair braiding" as techniques that result in tension on hair strands, such as twisting, wrapping, weaving, extending, locking, or braiding of the hair, by hand or mechanical appliances for compensation, without cutting, coloring, relaxing, removing, chemically treating, or using other preparations to straighten, curl, or alter the structure of the hair.<br /> <br /> Present law defines "natural hair styling" as techniques that result in tension on hair strands such as twisting, wrapping, weaving, extending, locking or braiding of the hair by hand or mechanical appliances, which work does not include the application of dyes, reactive chemicals or other preparations to alter the color or to straighten, curl or alter the structure of the hair. The techniques include providing or offering to the general public for compensation any of the following services solely for development or improvement of physical qualities of the natural hair structure: intertwining in a systematic motion to create patterns in a three-dimensional form; inversion or outversion flat against the scalp along the part of a straight or curved row; or extension with natural or synthetic fibers.<br /> <br />

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Sponsor

Littleton, Mary

Details
Session

111th General Assembly

Introduced

January 30, 2019

Last Action

May 1, 2019

Comp. became Pub. Ch. 207

Subjects
Barbers and/or CosmetologistsProfessions and OccupationsBoards and Commissions

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