Front Door Politics: splitting hairs
Professionals are alarmed about several bills currently before a N.H. House committee that would deregulate barbering and cosmetology.
Under existing law, barbers in New Hampshire must receive a high school education and go through at least 800 hours of instruction or 1,600 hours of apprenticing to earn a license. They also must pass an examination administered by the state Board of Barbering, Cosmetology and Esthetics. According to industry professionals, that’s what it takes to practice the trade safely and responsibly.
But some state representatives think those qualifications are excessive. House Bill 1431, which had a committee hearing on Feb. 16, would eliminate most state requirements for obtaining a barbering license.
It’s one of several recent bills that have alarmed people in professional service industries. Another, House Bill 1538, would legalize certain “innovative cosmetic or esthetic treatments,” including those that use animals to perform a service.
Sponsored by Rep. Spec Bowers (R-Georges Mills), HB 1431 would repeal the requirements of high school education and hours of training or apprenticeship for becoming a licensed barber. Under the bill, barbers would only be required to pass an exam, pay a fee, and display “good professional character.”
The text of the bill calls the current licensing requirements “arbitrary, unnecessary, and burdensome.”
“Qualifications for licensure as a barber should be measured by the person’s ability to properly perform a task, not by an attendance record,” it reads.
Supporters say loosening the regulations will allow for more competition and help create jobs. But opponents say the bill’s sponsors are clueless about the complexity of the barbering industry. Barbering without proper training, they say, could put clients and barbers at risk.
“In our profession, we have a lot of sanitary requirements that we go through. There’s a lot of training,” said Pam New, president of the N.H. Cosmetology Association. “They don’t understand not only the complexity of the chemicals but the complexity of our training.”
For instance, barbering students must learn to shave people’s necks and faces with a straight razor. As part of their exam, they must shave a balloon lathered in shaving cream. If the balloon pops, they don’t pass.
Barbers and salon workers also have strict procedures for blood spills. When working with sharp scissors and razors, cuts can open and diseases can be transmitted, New said. Barbers also use hairspray and other chemical products that can be dangerous if misused.
Which brings us to HB 1538, sponsored by Rep. Andrew Manuse (R-Derry). The bill would prohibit the Board of Barbering, Cosmetology and Esthetics from banning certain treatments, including those that use a product in a manner other than its intended use, or those in which an animal provides a service, as long as the animal is not harmed.
What kind of cosmetology treatment uses an animal to provide a service? The answer is “fish pedicures,” a growing craze in some foreign countries. Patrons dip their feet in a tank of water filled with small Middle Eastern fish called Garra rufa, or “doctor fish,” which nibble at calluses and dead skin on the feet.
Titillating as it may sound, fish pedicures are unsanitary, New said. The water in the tank cannot be sufficiently cleaned between customers, nor can the fish. Cuts or cracks on feet can result in the spread of disease or infection.
“I would hate to see somebody lose a toe because they’re experimenting with an ‘innovative idea,’” New said.
She also worries about using products inappropriately. Using sprays, dyes or perming equipment improperly can result in burns, scarring, blindness or other injuries, she said. And liability insurance would be null if the product wasn’t used for its intended purpose. Eliminating license requirements, too, might create insurance issues.
There are 14 licensed schools for barbering, cosmetology or esthetics in New Hampshire, including the Portsmouth Beauty School. School president Nicole Nardello Lawton said she has a message for Rep. Bowers and other legislators who want to deregulate the industry: “Stop wasting time on these frivolous matters and concentrate on what actually needs to be fixed.”
Last year, Bowers sponsored a bill that would have made licensure voluntary for several industries, including barbering, cosmetology and esthetics. That bill died in the House. Another bill introduced last year would have reduced the penalty for practicing such trades without a license. It died in the Senate.
Bowers also sponsored HB 1265, which would deregulate the barbering industry and numerous other professions. A subcommittee has recommended putting that bill aside for further study.
Bowers could not be reached for comment last week. But Lawton said this type of legislation is not what voters signed up for when they elected Republican majorities in 2010.
“Had we known that they were going to be wasting important time dealing with matters like this, then I don’t believe that we would have voted for them,” she said. “They’re looking to deregulate as much as possible in order to create jobs, and that’s not what that is going to do in the long run.”
The Portsmouth Beauty School does not have a barbering program, but Lawton said HB 1431 could drive other schools out of business.
Empire Beauty School has five locations in New Hampshire, including a barbering program in Dover. Director of operations Scott Weitzell said he does not think HB 1431 would have much of an impact on the school, because aspiring barbers would still need to learn the trade. But he does have concerns about the bill.
“I think, just generally, that licensing is an important part of ensuring public safety,” he said. “Barbers obviously work directly on other human beings, and it’s important that they’re certified and know what they’re doing.”
HB 1431 and 1538 are currently under review in the House Executive Departments and Administration Committee, which held public hearings on the bills on Feb. 16. The committee is expected to make recommendations this week on both bills, along with HB 1265, before they head to the full House.
UPDATE: The House Executive Departments and Administration Committee voted 11-1 on Feb. 21 to recommend killing HB 1538, with Bowers casting the lone vote in support of the bill. But the committee voted 8-4 in favor of recommending an amended version of HB 1431, which now heads to the full House for a vote. The committee voted to refer HB 1265 for interim study.
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