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Searching 2019-2020 Session

The Vermont Statutes Online

 

Title 26: Professions and Occupations

Chapter 006: BARBERS AND COSMETOLOGISTS

  • Subchapter 001: GENERAL PROVISIONS
  • § 271. Definitions

    As used in this chapter:

    (1) "Barbering" means engaging in the continuing performance, for compensation, of any of the following activities: cutting, shampooing, or styling hair; shaving the face, shaving around the vicinity of the ears and neckline, or trimming facial hair; facials, skin care, or scalp massages, and bleaching, coloring, straightening, or permanent-waving hair, or similar work by any means, with hands or mechanical or electrical apparatus or appliances. Barbering also includes esthetics.

    (2) "Cosmetology" means engaging in the continuing performance, for compensation, of any of the following activities:

    (A) Work on the hair of any person, including dressing, curling, waving, cleansing, cutting, bleaching, coloring, or similar work by any means, with hands or mechanical or electrical apparatus or appliances.

    (B) Esthetics.

    (C) Manicuring.

    (3) "Director" means the Director of the Office of Professional Regulation.

    (4) "Esthetics" means massaging, cleansing, stimulating, manipulating, beautifying, or otherwise working on the scalp, face, or neck by using cosmetic preparations, antiseptics, tonics, lotions, or creams. "Esthetics" does not include the sale or application of cosmetics to customers in retail stores or customers' homes.

    (5) "Manicuring" or "nail technician practice" means the nonmedical treatment of a person's fingernails or toenails or the skin in the vicinity of the nails and includes the use of cosmetic preparations or appliances.

    (6) "School of barbering or cosmetology" means a facility or facilities regularly used to train or instruct persons in the practice of barbering or cosmetology.

    (7) "Shop" means a facility or facilities regularly used to offer or provide barbering or cosmetology. (Added 1997, No. 40, § 16; amended 2005, No. 27, § 19; 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)

  • § 272. Prohibitions; offenses

    (a) A person shall not practice or attempt to practice barbering or cosmetology or use in connection with the person's name any letters, words, title, or insignia indicating or implying that the person is a barber or cosmetologist unless the person is licensed in accordance with this chapter.

    (b) A person who owns or controls a shop or school of barbering or cosmetology shall not permit the practice of barbering or cosmetology unless the shop or school is registered in accordance with this chapter.

    (c) A person who violates a provision of this section shall be subject to the penalties provided in 3 V.S.A. § 127. (Added 1997, No. 40, § 16; amended 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)

  • § 273. Exemptions

    The provisions of this chapter regulating barbers and cosmetologists shall not:

    (1) affect or prevent the practice of barbering or cosmetology by a student at a school recognized by the Director;

    (2) limit or restrict in any manner the right of a practitioner of another licensed profession or occupation from carrying on in the usual manner any of the functions incidental to that profession or occupation;

    (3) prohibit a licensee from providing barbering or cosmetology services outside a licensed shop so long as those services are limited to only:

    (A) patients or residents within a hospital, nursing home, community care home, or any similar facility;

    (B) persons who are homebound, disabled, or in a hospice or similar program, or to deceased persons in a funeral home;

    (C) persons as part of a special event, provided the sanitation standards expected of licensees in licensed shops are followed;

    (4) affect or prevent individuals from serving as make-up artists or hairdressers in the theatrical and performing arts industries;

    (5) affect or prevent the practice of barbering or cosmetology outside a registered shop or school by licensees in accordance with rules adopted by the Director;

    (6) affect or prevent the practice of barbering or cosmetology within the confines of a State correctional facility by a person incarcerated therein, who has completed training acceptable to the Commissioner of Corrections; or

    (7) affect or prevent the practice of natural hair braiding or styling, provided such practice does not involve cutting; the application of chemicals, dyes, or heat; or other changes to the structure of hair. (Added 1997, No. 40, § 16; amended 2005, No. 27, § 20; 2007, No. 163 (Adj. Sess.), § 6a; 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)

  • § 274. Repealed. 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.


  • Subchapter 002: ADMINISTRATION
  • § 275. Repealed. 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.

  • § 276. General powers and duties of the Director

    (a) The Director shall:

    (1) adopt rules that:

    (A) prescribe sanitary and safety standards for shops, schools, and other facilities used for the practice of barbering and cosmetology;

    (B) prescribe safe and sanitary practices for the performance of activities related to the practice of barbering and cosmetology;

    (C) establish standards for apprenticeships, courses, and examinations to be completed by an applicant for licensure under this chapter;

    (D) establish qualifications for licensure under this chapter as:

    (i) a barber, provided mandated formal training shall be 750 hours;

    (ii) a cosmetologist, provided mandated formal training shall be 1,000 hours;

    (iii) an esthetician, provided mandated formal training shall be 500 hours; and

    (iv) a nail technician, provided mandated formal training shall be 200 hours; and

    (E)(i) establish criteria for apprenticeships that would enable a person seeking licensure under this chapter to train under an appropriately qualified Vermont licensee in order to attain licensure without mandated formal training; and

    (ii) limit the duration of a required apprenticeship to not more than 150 percent of the duration of the corresponding formal training.

    (2) Provide general information to applicants for licensure or registration under this chapter.

    (3) Explain appeal procedures to licensees and applicants and complaint procedures to the public.

    (4) Offer examinations at least once a year, if applications for examination are pending, and pass on the qualifications of the applicants.

    (b)(1) The Director may inspect shops and schools and other places used for the practice of barbering and cosmetology.

    (2) A fee shall not be charged for initial inspections under this subsection; however, if the Director determines that it is necessary to inspect the same premises in the same ownership more than once in any two-year period, the Director shall charge a reinspection fee.

    (3) The Director may waive all or a part of the reinspection fee in accordance with criteria established by rule. (Added 1997, No. 40, § 16; amended 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)

  • § 276a. Advisor appointees

    (a)(1) The Secretary of State shall appoint one barber, one cosmetologist, one esthetician, and one nail technician for five-year staggered terms to serve at the Secretary's pleasure as advisors in matters relating to barbering and cosmetology. At least one of the initial appointments shall be for less than a five-year term.

    (2) An appointee shall have not less than three years' experience as a barber or cosmetologist immediately preceding appointment; shall be licensed as a barber or cosmetologist in Vermont; and shall be actively engaged in the practice of barbering or cosmetology in this State during incumbency.

    (b) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter. (Added 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)


  • Subchapter 003: LICENSES
  • §§ 277-280. Repealed. 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.

  • § 280a. Eligibility for licensure

    An applicant for licensure as a barber, cosmetologist, esthetician, or nail technician shall meet the qualifications for licensure established by the Director under the provisions of subchapter 2 of this chapter. (Added 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)

  • § 281. Postsecondary school of barbering and cosmetology; certificate of approval

    (a) A school of barbering or cosmetology shall not be granted a certificate of approval unless the school:

    (1) Is a postsecondary school operating a program of professional education.

    (2) Employs and maintains a sufficient number of competent instructors and has apparatus and equipment sufficient for the proper and full teaching of all subjects of its curriculum.

    (3) Maintains a daily record of the attendance of each student and regular class and instruction hours, establishes grades, and holds examinations before issuing diplomas.

    (4) Requires a school term of training consistent with formal training requirements established by rule, which shall include practical demonstrations and theoretical studies in sanitation, sterilization, the use of antiseptics, and the use of appliances, devices, treatments, and preparations relevant to the field of licensure.

    (b) Regional vocational centers may offer courses of instruction in barbering or cosmetology without a certificate of approval from the Director, and State correctional facilities may offer courses of instruction in barbering without a certificate of approval from the Director; however, hours for licensing shall only be given for courses that meet the Director's standards for courses offered in postsecondary schools of barbering or cosmetology certified by the Director.

    (c) A school of barbering or cosmetology shall not require, as a condition of training for licensure, that a person enter into a covenant not to compete with the training organization or an affiliate. (Added 1997, No. 40, § 16; amended 1999, No. 133 (Adj. Sess.), § 8; 2013, No. 138 (Adj. Sess.), § 4; 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)

  • § 282. Shop; license

    (a) A shop shall not be granted a license unless the shop complies with the rules of the Director and has a designated licensee responsible for overall cleanliness, sanitation, and safety of the shop.

    (b) The practices of barbering and cosmetology shall be permitted only in shops licensed by the Director, except as provided in sections 273 and 281 of this chapter and the rules of the Director. (Added 1997, No. 40, § 16; amended 2005, No. 27, § 26; 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)

  • § 283. Examination

    (a) An applicant who is otherwise eligible for licensure and has paid the required fees shall be examined.

    (b)(1) The examination for a license shall include both practical demonstrations and written or oral tests in the area of practices for which a license is applied and other related studies or subjects as the Director may determine necessary.

    (2) The examination shall not be confined to any specific system or method and shall be consistent with a prescribed curriculum as provided by this chapter.

    (c) The Director may limit by rule the number of times a person may take an examination. (Added 1997, No. 40, § 16; amended 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)

  • § 284. Issuance of license

    (a) The Director shall issue a license to an applicant who has passed the examination as determined by the Director, has paid the required fee, and has completed all the requirements for the particular license.

    (b) The Director shall issue a license to the person who owns or controls a shop or school of barbering or cosmetology who has paid the required fee and is in compliance with the rules of the Director and the provisions of this chapter.

    (c) The license shall be conspicuously displayed for the customer in the licensee's principal office, place of business, or place of employment. (Added 1997, No. 40, § 16; amended 2005, No. 27, § 27; 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)

  • § 285. Licenses from other jurisdictions

    Without requiring an examination, the Director shall issue an appropriate license to a person who is licensed or certified in good standing under the laws of another jurisdiction with requirements:

    (1) substantially equal to those of this State; or

    (2) materially less rigorous than those of this State, if the person has had 1,500 documented hours of practice in not less than one year. (Added 1997, No. 40, § 16; amended 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)

  • §§ 286-289. Repealed. 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.