The Vermont Statutes Online

Title 26: Professions and Occupations

Chapter 6: BARBERS AND COSMETOLOGISTS

§ 271. Definitions

For the purposes of 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, permanent waving hair or similar work by any means, with hands or mechanical or electrical apparatus or appliances. Barbering also includes esthetics.

(2) "Board" means the board of barbers and cosmetologists.

(3) "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.

(4) "Disciplinary action" or "disciplinary cases" includes any action taken by the board against a licensee, registrant, or applicant premised upon a finding of wrongdoing or unprofessional conduct by the licensee or applicant. It includes all sanctions of any kind, excluding obtaining injunctions, but including issuing warnings, other similar sanctions and ordering restitution.

(5) "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.

(6) "Financial interest" means being:

(A) a licensed barber;

(B) a licensed cosmetologist: or

(C) a person who has invested anything of value in a business that provides barbering or cosmetology services.

(7) "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.

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

(9) "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.)

§ 272. Prohibitions

(a) No person shall 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) No person who owns or controls a shop or school of barbering or cosmetology shall permit the practice of barbering or cosmetology unless the shop or school is registered in accordance with this chapter. (Added 1997, No. 40, § 16.)

§ 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 board;

(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, in a hospice or similar program, or to deceased persons in a funeral home;

(C) persons as part of a special occasion event so long as those services are limited to hair styling and makeup and 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 board. (Added 1997, No. 40, § 16; amended 2005, No. 27, § 20; 2007, No. 163 (Adj. Sess.), § 6a.)

§ 274. Penalty

A person who violates any provision of section 272 of this title shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1997, No. 40, § 16; amended 2007, No. 29, § 17.)

§ 275. Creation of board

(a) A board of barbers and cosmetologists is created, consisting of five members. Members shall be appointed by the governor pursuant to 3 V.S.A. §§ 129b and 2004. Members shall be residents of this state.

(b) One member of the board shall be a member of the public who has no financial interest in barbering or cosmetology other than as a consumer or possible consumer of its services. He or she shall have no financial interest personally or through a spouse, parent, child, brother or sister.

(c) Two members of the board shall be licensed cosmetologists.

(d) One member of the board shall be a licensed barber.

(e) The remaining member shall be a person licensed under this chapter or a public member.

(f) A majority of the members of the board shall constitute a quorum for transacting business, and all action shall be taken upon a majority vote of the members present and voting. (Added 1997, No. 40, § 16; amended 2005, No. 27, § 21.)

§ 276. General powers and duties of the board

(a) The board 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.

(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) The board may inspect shops and schools and other places used for the practice of barbering and cosmetology. No fee shall be charged for initial inspections under this subsection; however, if the board determines that it is necessary to inspect the same premises in the same ownership more than once in any two-year period, the board shall charge a reinspection fee. The board may waive all or a part of the reinspection fee in accordance with criteria established by rule. (Added 1997, No. 40, § 16.)

§ 277. Qualifications; barber

(a) A person shall be eligible for licensure as a barber if the person is at least 18 years of age, has a high school or general educational development diploma, and has satisfactorily completed an accredited barber school program; or has satisfactorily completed an apprenticeship of not less than 12 months and not more than 36 months consisting of a minimum of 2,000 hours and a maximum of 3,000 hours in a manner prescribed by the board in addition to areas of study, prescribed by the board, by rule, has a high school or general educational development diploma, and has passed the examination described in section 283 of this title.

(b) The board shall issue a limited barbering license, with an endorsement for cutting, shampooing, and styling hair and for mustache and beard trimming, to any person incarcerated in a state correctional facility who completes, while under the direct personal supervision of a barber licensed by the board, a course of training of not less than 10 hours in cutting, shampooing, and styling hair and trimming of mustache and beard. Such limited license shall be valid only within a state correctional facility. No fees shall be charged for a limited license issued under this subsection. (Added 1997, No. 40, § 16; amended 1999, No. 133 (Adj. Sess.), § 7; 2001, No. 151 (Adj. Sess.), § 5, eff. June 27, 2002; 2005, No. 27, § 22.)

§ 278. Qualifications; cosmetologist

A person shall be eligible for licensure as a cosmetologist if the person is at least 18 years of age, has a high school or general educational development diploma, and has satisfactorily completed the following:

(1) a course of study of at least 1,500 hours at a school of cosmetology approved by an accrediting body recognized by the United States Department of Education or approved by the board under standards that the board has adopted by rule and passage of the examination described in section 283 of this title; or

(2) an apprenticeship of not less than 12 months and not more than 36 months consisting of not less than 2,000 hours and a maximum of 3,000 hours in a manner prescribed by the board in addition to courses, as prescribed by the board by rule, and passage of the examination described in section 283 of this title. (Added 1997, No. 40, § 16; amended 2001, No. 151 (Adj. Sess.), § 6, eff. June 27, 2002; 2005, No. 27, § 23; 2007, No. 163 (Adj. Sess.), § 7.)

§ 279. Qualifications; esthetician

A person shall be eligible for licensure as an esthetician if the person is at least 18 years of age, has a high school or general educational development diploma, and has satisfactorily completed the following:

(1) a course of study in esthetics of at least 600 hours at a school of cosmetology approved by an accrediting body recognized by the United States Department of Education or approved by the board under standards that the board has adopted by rule; or

(2) an apprenticeship of not less than 12 months and not more than 18 months, consisting of a minimum of 800 hours and a maximum of 1,200 hours, as prescribed by the board by rule; and has passed the examination described in section 283 of this title. (Added 1997, No. 40, § 16; amended 2001, No. 151 (Adj. Sess.), § 7, eff. June 27, 2002; 2005, No. 27, § 24.)

§ 280. Qualifications; nail technician

A person shall be eligible for licensure as a nail technician if the person is at least 18 years of age, has a high school or general educational development diploma, and has satisfactorily completed:

(1) a course of study in manicuring of at least 400 hours at a school of cosmetology approved by an accrediting body recognized by the United States Department of Education or approved by the board under standards that the board has adopted by rule; or

(2) an apprenticeship of not less than six months and not more than 12 months consisting of a minimum of 600 hours and a maximum of 900 hours, as prescribed by the board by rule, and has passed the examination described in section 283 of this title. (Added 1997, No. 40, § 16; amended 2001, No. 151 (Adj. Sess.), § 8; eff. June 27, 2002, eff. June 27, 2002; 2005, No. 27, § 25.)

§ 281. School of barbering and cosmetology; registration

(a) No school of barbering or cosmetology shall be granted registration unless the school:

(1) 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.

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

(3) Requires a school term of training,:

(A) in the case of a school of barbering, of not less than 1,000 hours for a complete course which includes all or the majority of the practices of barbering, and includes practical demonstrations and theoretical studies in sanitation, sterilization, the use of antiseptics, and electrical appliances, consistent with the practical and theoretical requirements applicable to barbering or any practice of barbering; and

(B) in the case of a school of cosmetology, requires a school term of training of not less than 1,500 hours for a complete course which includes all or the majority of the practices of cosmetology, and includes practical demonstrations and theoretical studies in sanitation, sterilization, the use of antiseptics, cosmetics, and electrical appliances, consistent with the practical and theoretical requirements applicable to cosmetology or any practice of cosmetology.

(b) Regional vocational centers may offer courses of instruction in barbering or cosmetology without certification by the board and state correctional facilities may offer courses of instruction in barbering without certification by the board; however, credits for licensing will only be given for courses that meet the board's standards for courses offered in schools of barbering or cosmetology.

(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.)

§ 282. Shop; license

(a) No shop shall be granted a license unless the shop complies with the rules of the board 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 board, except as provided in sections 273 and 281 of this title and the rules of the board. (Added 1997, No. 40, § 16; amended 2005, No. 27, § 26.)

§ 283. Examination

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

(b) 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 board may determine necessary. 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 board may limit, by rule, the number of times a person may take an examination. (Added 1997, No. 40, § 16.)

§ 284. Issuance of license

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

(b) The board 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 board 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 employment. (Added 1997, No. 40, § 16; amended 2005, No. 27, § 27.)

§ 285. Licenses from other jurisdictions

Without requiring an examination, the board shall issue an appropriate license to a person who is licensed or certified under the laws of another jurisdiction with requirements that the board considers to be substantially equal to those of this state. (Added 1997, No. 40, § 16.)

§ 286. Renewal and reinstatement

The holder of a license issued by the board pursuant to this chapter may biennially renew the license upon payment of the renewal fee. A license that has not been renewed by the renewal date shall expire. Within three years of the date of expiration, the holder of the expired license may apply for reinstatement upon the payment of the renewal fee and a renewal penalty. If a license is not reinstated within three years of expiration, the applicant shall meet the requirements of section 284 or 285 of this title before the license may be reinstated. (Added 1997, No. 40, § 16; amended 2005, No. 27, § 28.)

§ 287. Fees

Applicants and persons regulated under this chapter shall pay the following fees:

(1) Application:

(A) Barber                                                                                           $110.00

(B) Cosmetologist                                                                                  $110.00

(C) Nail technician                                                                                 $110.00

(D) Esthetician                                                                           $110.00

(E) Shop                                                                                               $330.00

(F) School                                                                                             $330.00

(2) Biennial renewal:

(A) Barber                                                                                           $130.00

(B) Cosmetologist                                                                                 $130.00

(C) Nail technician                                                                                $130.00

(D) Esthetician                                                                          $130.00

(E) Shop                                                                                              $225.00

(F) School                                                                                            $330.00

(3) Reinspection                                                                                   $100.00

 (Added 1997, No. 40, § 16; amended 1999, No. 155 (Adj. Sess.), § 3; 2001, No. 143 (Adj. Sess.), § 21, eff. June 21, 2002; 2005, No. 27, § 29; 2005, No. 72, § 8; 2009, No. 47, § 8; 2013, No. 72, § 1.)

§ 288. Unprofessional conduct

The conduct listed in this section and in 3 V.S.A. § 129a constitutes unprofessional conduct when committed by a licensee. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a license or other disciplinary action:

(1) Practicing or offering to practice beyond the scope permitted by law.

(2) Willfully materially misrepresenting the qualifications or experience of an applicant in the practice of the occupation, whether by commission or omission.

(3) Failing to adequately supervise employees who are engaged in any of the practices of barbering or cosmetology and nail technician practice.

(4) Harassing, intimidating, or abusing a client or customer.

(5) Performing treatments or providing services which a licensee is not qualified to perform or which are beyond the licensee's education, training, capabilities, experience, or scope of practice. (Added 1997, No. 40, § 16; amended 2005, No. 27, § 30; 2011, No. 66, § 4, eff. June 1, 2011.)

§ 289. Licensure by endorsement

The board may issue a license to an individual who is currently licensed or certified in another jurisdiction in good standing, provided the individual has been in active practice for at least three years immediately preceding application or has 2,000 documented hours of practice in not less than one year. (Added 2003, No. 60, § 5a; amended 2005, No. 27, § 31; 2007, No. 163 (Adj. Sess.), § 8.)