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An Act To Permit Hair Braiding without a Barbering or Cosmetology License
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA §14202, sub-§5, as enacted by PL 1991, c. 397, §6, is amended to read:
 
5. Establishment; shop.   "Establishment" or "shop" means a beauty shop or salon, cosmetology shop or salon, barber shop or salon or hair styling shop or salon, or any premises, structure, building or part of a building where any activity licensed under this chapter is practiced. A place where only hair braiding services are provided is not an establishment or shop.
Sec. 2. 32 MRSA §14202, sub-§5-A, as enacted by PL 2011, c. 286, Pt. M, §2, is amended to read:
 
5-A. Limited barbering.   "Limited barbering" means any one or any combination of the following practices, when done for hire or compensation, upon the head of the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments:
 
A. Shaving, trimming or cutting the beard or mustache or removing superfluous hair;
 
B. Massaging of the scalp, face and neck and giving a facial and scalp treatment with creams, lotions, oils and other cosmetic preparations, either by hand or mechanical appliances, but such appliances may not be galvanic or faradic;
 
C. Shampooing or applying hair tonics and conditioners;
 
D.  Cutting, arranging and styling the human hair; or
 
E. Cutting, fitting or styling hairpieces or wigs.
 
The practice of limited barbering does not include hair braiding.
Sec. 3. 32 MRSA §14202, sub-§§8 and 9, as enacted by PL 1991, c. 397, §6, are amended to read:
 
8. Practice of barbering.   "The practice of barbering" means any one or any combination of the following practices, when done for hire or compensation, upon the upper part of the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments:
 
A. Shaving or trimming the beard, manicuring the fingernails, or cutting, arranging, waving or styling the hair;
 
B. Giving facial and scalp massage or treatments with cosmetic preparations, either by hand or mechanical or electrical appliances;
 
C. Singeing, dyeing, tinting, bleaching or shampooing the hair or applying cosmetic preparations to the hair, scalp, face, neck or upper part of the body;
 
D. Removing superfluous hair from the face, neck or upper part of the body; or
 
E. Cutting, fitting, coloring or styling hairpieces or wigs.
 
The practice of barbering does not include hair braiding.
 
9. Practice of cosmetology.   "The practice of cosmetology" means the performance by any person for hire or compensation of any one or more of the following practices:
 
A. Beautifying, massaging, cleansing, stimulating, toning, manipulating or exercising the skin of the human body by the use of cosmetic preparations, tonics, lotions, creams, antiseptics, or clays or any device, electrical or otherwise, for the care of the skin;
 
B. Applying makeup or eyelashes to any person;
 
C. Manicuring or pedicuring the nails of any person;
 
D. Arranging, dressing, curling, waving, cleansing, cutting, trimming, removing, singeing, bleaching, coloring, relaxing or similarly treating the hair of any person;
 
E. Arranging, brushing, dressing, curling, waving, cleansing, shampooing, cutting, trimming, singeing, bleaching, coloring, tinting, dyeing, straightening, relaxing or similarly treating a wig, wiglet or hairpiece made of human hair, animal hair or synthetics; or
 
F. Teaching or demonstrating cosmetology, hairdressing or beauty culture.
 
The practice of cosmetology does not include hair braiding.
Sec. 4.  32 MRSA §14203, sub-§3  is enacted to read:
 
3.  Hair braiding.     A person who provides only hair braiding services is not subject to licensure under this chapter.
 
SUMMARY
This bill exempts hair braiding from licensure under the laws governing barbering and cosmetology.