SB 2876: Board of Barbering and Cosmetology; Natural Hair Braiding; Exemption from Licensure; Registration; Sanitation, Health, and Safety Practices

A BILL FOR AN ACT

RELATING TO NATURAL HAIR BRAIDING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that natural hair braiding is a traditional practice that does not present significant health and safety risks to consumers or practitioners.  While natural hair braiding is distinct from the practice of cosmetology or barbering, existing law has been interpreted to require natural hair braiders to obtain a license from the board of barbering and cosmetology, imposing an undue burden on those who engage in natural hair braiding as a profession.  Licensees are required to undergo education and training for cosmetology practices that are outside the scope of natural hair braiding, such as nail care and makeup application.  For these reasons, the legislature believes it is inappropriate for natural hair braiders to be subject to the licensure requirements under the Barbering and Cosmetology Licensing Act.

     The legislature further finds that, although natural hair braiders should be exempt from licensure due to the nature of their practice, natural hair braiding nevertheless involves direct contact with clients and the use of tools and materials that, if not properly sanitized or sterilized, may create conditions that pose risks to the health and safety of clients.

     Accordingly, the purpose of this Act is to require natural hair braiders to be registered, rather than licensed, under the Barbering and Cosmetology Licensing Act.

     SECTION 2.  Chapter 439A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§439A-     Natural hair braiders; registration required; renewal.  (a)  Beginning January 1, 2028, no person shall engage in the practice of natural hair braiding unless the person has registered with the board under this section.

     (b)  Registration shall include:

     (1)  Submission of a complete application for registration on a form prescribed by the board;

     (2)  Evidence of completion of a course or program that covers sanitation, health, and safety practices required for natural hair braiding, approved by the board by rule; and

     (3)  An application fee in an amount as provided in rules adopted by the board.

     (c)  Each certificate of registration shall be valid through December 31 of each odd-numbered year.  A registration shall be renewed by December 31 of each odd-numbered year upon meeting the requirements under subsection (d).  Failure to renew a registration shall cause the registration to be forfeited.  A registration that has been forfeited may be restored within one year of the forfeiture date upon payment of renewal and restoration fees.  Failure to restore a forfeited registration within one year shall result in the automatic termination of the registration.  A person whose registration has been terminated pursuant to this section shall be required to reapply for a new registration as a new applicant.

     (d)  To renew a registration, the registrant shall submit to the board:

     (1)  A complete application on a form prescribed by the board;

     (2)  Evidence of completion of any continuing education requirement that covers the sanitation, health, and safety practices required for natural hair braiding, as provided by rules of the board; and

     (3)  A renewal fee in an amount as provided by rules of the board.

     (e)  A natural hair braider shall not perform or attempt to perform services for which a license or permit is required under this chapter or advertise services in such a way that misleads consumers to believe that the natural hair braider offers services for which a license or permit is required under this chapter.  Any natural hair braider who violates this subsection may be subject to sanctions authorized under this chapter or other law for the unlicensed practice of barbering or the unlicensed practice of cosmetology.

     (f)  All registrants shall follow the sanitary practices as provided by rules of the board and any other sanitary practices or public health guidelines recommended by government agencies to protect the health and safety of the public.

     (g)  Nothing in this section shall be construed to prohibit a person from obtaining a private certification or an employer from requiring a person to obtain a private certification.

     (h)  This section shall not apply to a person who holds a license or permit under this chapter."

     SECTION 3.  Section 439A-2, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

     ""Braiding device" means blunt-tipped needles, clips, combs, crochet hooks, curlers, curling irons, hair binders, hairpins, rollers, scissors, or threads.

     "Natural hair braider" means a person who engages in the practice of natural hair braiding.

     "Natural hair braiding" includes:

     (1)  Braiding, cornrowing, extending, locking, twisting, weaving, or wrapping hair by hand or with braiding devices, and the minor trimming of hair extensions incidental thereto;

     (2)  The use of natural or synthetic hair extensions, natural or synthetic hair and fibers, decorative beads, and other hair accessories;

     (3)  The making and lacing of wigs from natural hair, natural fibers, synthetic fibers, and hair extensions; and

     (4)  The use of topical agents, including conditioners, gels, moisturizers, oils, or pomades in conjunction with the performance of the practices described in paragraphs (1) through (3).

"Natural hair braiding" does not include:

     (1)  The application of dyes, reactive chemicals, or other preparations to:

          (A)  Alter the color of hair; or

          (B)  Straighten, curl, or alter the structure of hair; or

     (2)  The use of chemical hair joining agents including synthetic tape, keratin bonds, or fusion bonds."

     SECTION 4.  Section 439A-3, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§439A-3[]]  License or permit required.  (a)  No person shall for commercial purposes practice as a barber apprentice, beauty apprentice, barber, beauty operator, or beauty instructor; operate a barber shop, beauty shop, or beauty school; or announce or advertise as being prepared or qualified to practice or operate unless the person obtains a license or permit as required by this chapter.

     (b)  The practice of barbering and practice of cosmetology shall be carried on only by persons holding a license or permit to practice in the State and only in barber shops or beauty shops; provided that nothing in this chapter shall prevent or prohibit a barber to practice barbering or beauty operator to practice cosmetology:

     (1)  At any place for educational purposes;

     (2)  Upon persons at a health care, nursing, mental, or correctional facility;

     (3)  At a charitable event; or

     (4)  At a person's private home, office, or hotel room when requested to do so.

     (c)  All licensees and permittees shall follow the sanitary practices as prescribed by rules of the board and any other sanitary practices or public health guidelines recommended by government agencies to protect the health and safety of the public.

     (d)  Nothing in this chapter shall be construed to prohibit or restrict the practice of a profession by individuals who are licensed, certified, or registered under the laws of the State who are performing services within their authorized scope of practice.

     (e)  This section shall not apply to persons registered under section 439A-    for activities within the practice of natural hair braiding; provided that the department and board shall retain enforcement authority over a registrant's conduct outside that practice for which a license or permit under this section is required."

     SECTION 5.  Section 439A-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  In addition to any other powers and duties authorized by law, the board shall have all the powers necessary to effectuate the purpose of this chapter, including the power to:

     (1)  Approve examinations for licensure to engage in the practice of barbering and practice of cosmetology;

     (2)  Issue apprentice permits or temporary permits;

     (3)  Grant, revoke, or suspend licenses, registrations, apprentice permits, or temporary permits; and

     (4)  Establish, subject to chapter 91 and with the approval of the governor and the director, rules governing the practice of barbering [and], practice of cosmetology, and practice of natural hair braiding and the standards and requirements for apprenticeship training and courses of training provided by schools, which shall have the force and effect of law."

     SECTION 6.  Section 439A-12, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§439A-12[]]  Display of licenses, certificates of registration, or permits.  The license of a barber, beauty operator, beauty instructor, barber shop, beauty shop, or beauty school[,]; the certificate of registration of a natural hair braider; and the permit of a barber apprentice, beauty apprentice, or temporary permittee, shall be conspicuously displayed in the place of business or employment."

     SECTION 7.  Section 439A-15, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§439A-15[]]  Citation for licensee, registrant, or permittee violations; fines.  (a)  In addition to any other remedy available under this chapter, the department may issue a citation to any person who holds a barber, beauty operator, beauty instructor, barber shop, beauty shop, or beauty school license [,]; a natural hair braider certificate of registration; or a temporary permit or apprentice permit, for any of the following violations of this chapter or rules adopted pursuant to this chapter and chapter 91:

     (1)  Failure of [a]:

          (A)  A barber, beauty operator, beauty instructor, barber shop, beauty shop, beauty school, barber apprentice, beauty apprentice, or temporary permittee engaged in the practice of barbering or practice of cosmetology; or

          (B)  A natural hair braider engaged in the practice of natural hair braiding,

          to display a license, certificate of registration, or permit in a conspicuous place in the office, place of business or employment, or school, during all hours of operation;

     (2)  Failure of a barber shop owner, beauty shop owner, or beauty school owner to ensure that only individuals who hold a current and appropriate license or permit engage in the practice of barbering or practice of cosmetology in the barber shop, beauty shop, or beauty school;

     (3)  Failure of a barber shop or beauty shop engaged in the practice of barbering or practice of cosmetology to conspicuously display in reception or work rooms, a price list or sign that shall read "PRICE LIST AVAILABLE UPON REQUEST" in capital letters at least three-fourths of one inch;

     (4)  Failure of a beauty school to identify each beauty instructor-trainee at the beauty school with a name tag, stating that person's full name and the words "Instructor-trainee", to be worn during all hours of instruction;

     (5)  Failure of a beauty school to identify each beauty instructor at the beauty school with a name tag, stating that person's full name, the word "Instructor", and identifying the beauty instructor's appropriate beauty operator category, to be worn during all hours of instruction;

     (6)  Failure of a beauty school, during all hours of instruction, to operate the beauty school with a beauty instructor-student ratio of at least one beauty instructor for every twenty-five students, and with a minimum of two beauty instructors; or

     (7)  Failure of a beauty school that performs work upon or for members of the public to display, in a conspicuous place in each reception and work room, a sign not less than eighteen inches by twenty-four inches that shall state "School of Beauty Culture--Work done by students under supervision" in letters not less than one-half of one inch.

     (b)  Each citation:

     (1)  Shall be in writing and describe the basis of the citation, including the specific statute or rule violated;

     (2)  May contain an order of abatement and the assessment of a fine in the amount of $500 for each violation;

     (3)  Shall be served on the licensee, registrant, or permittee by personal service; and

     (4)  Shall inform the licensee, registrant, or permittee that the licensee, registrant, or permittee may submit a written request to the board or its designee for a hearing to contest the citation, within twenty calendar days from the service of the citation.

     (c)  If the licensee, registrant, or permittee timely submits a written request to the board or its designee for a hearing, the board may designate a hearings officer to conduct the hearing in accordance with chapter 91.

     (d)  If the licensee, registrant, or permittee does not timely submit a written request to the board or its designee for a hearing, the citation shall be deemed a final order of the board.

     (e)  Failure of a licensee, registrant, or permittee to pay any assessed fine within thirty calendar days, unless the licensee, registrant, or permittee contests the citation, may result in further disciplinary action taken by the board."

     SECTION 8.  Section 439A-16, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§439A-16[]]  Refusal to grant license, certificate of registration, or permit; suspension and revocation of licenses, certificates of registration, or permits.  (a)  In addition to any other actions authorized by law, the board may take disciplinary action against any license, certificate of registration, or permit issued under this chapter, including but not limited to suspension, revocation, fine, or a combination thereof, or refuse to grant or renew any license, certificate of registration, or permit for any cause authorized by law, including but not limited to the following:

     (1)  Procuring a license, certificate of registration, or permit through fraud, misrepresentation, or deceit;

     (2)  Professional misconduct, gross negligence, or manifest incapacity;

     (3)  Permitting a person without a license, certificate of registration, apprentice permit, or temporary permit to perform activities that require a license, certificate of registration, apprentice permit, or temporary permit under this chapter;

     (4)  Violation of this chapter or the rules adopted pursuant thereto;

     (5)  Making any false representation or promise through advertising or otherwise;

     (6)  Failing to display a license, certificate of registration, apprentice permit, or temporary permit as provided in this chapter;

     (7)  Any other conduct constituting fraudulent or dishonest dealings;

     (8)  Failing to comply with a board order; or

     (9)  Making a false statement on any document submitted or required to be filed by this chapter.

     (b)  Any licensee, registrant, or permittee who violates this chapter or the rules adopted pursuant thereto shall be fined not less than $500 and not more than $2,000 for each violation."

     SECTION 9.  Section 439A-16.5, Hawaii Revised Statutes, is amended as follows:

     1.  By amending its title and subsections (a) through (c) to read:

     "[[]§439A-16.5[]]  Revocation of license or certificate of registration or denial of application to renew, restore, or reinstate a license or certificate of registration based on conviction requiring registration as a sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the board shall automatically revoke a license or certificate of registration or deny an application to renew, restore, or reinstate a license or certificate of registration under either of the following circumstances:

     (1)  The licensee or registrant has been convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee or registrant has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee or registrant of the license or certificate of registration revocation or denial of application to renew, restore, or reinstate the license or certificate of registration and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or certificate of registration or denial of an application to renew, restore, or reinstate, the licensee or registrant may file a written request for a hearing with the board within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91."

     2.  By amending subsection (e) to read:

     "(e)  If the related conviction of the [license holder] licensee or registrant is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction."

     3.  By amending subsection (g) to read:

     "(g)  The board shall not restore, renew, or otherwise reinstate the license or certificate of registration of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 10.  Section 439A-17, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  An appeal may be taken from a final action of the board suspending or revoking a license, certificate of registration, apprentice permit, or temporary permit for the causes pursuant to section 439A-16 to the circuit court of the circuit in which the person whose license, certificate of registration, apprentice permit, or temporary permit has been suspended or revoked resides.

     (b)  Any person aggrieved by the denial of a license, certificate of registration, apprentice permit, or temporary permit by the board may submit a request for a hearing pursuant to chapter 91 within sixty days of the date of notification of the denial or refusal."

     SECTION 11.  No later than November 1, 2026, the board of barbering and cosmetology shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, prescribing the approved courses or programs that cover sanitation, health, and safety practices required for natural hair braiding, that are necessary for registration under section 2 of this Act.

     SECTION 12.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 13.  This Act shall take effect upon its approval.

Report Title:

Board of Barbering and Cosmetology; Natural Hair Braiding; Exemption from Licensure; Registration; Sanitation, Health, and Safety Practices

Description:

Beginning 1/1/2028, requires natural hair braiders to be registered, rather than licensed, under the Board of Barbering and Cosmetology.  By 11/1/2026, requires the Board to adopt rules prescribing the approved courses or programs that cover sanitation, health, and safety practices required for natural hair braiding registration.  (CD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO NATURAL HAIR BRAIDING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that natural hair braiding is a traditional practice that does not present significant health and safety risks to consumers or practitioners.  While natural hair braiding is distinct from the practice of cosmetology or barbering, existing law has been interpreted to require natural hair braiders to obtain a license from the board of barbering and cosmetology, imposing an undue burden on those who engage in natural hair braiding as a profession.  Licensees are required to undergo education and training for cosmetology practices that are outside the scope of natural hair braiding, such as nail care and makeup application.  For these reasons, the legislature believes it is inappropriate for natural hair braiders to be subject to the licensure requirements under the Barbering and Cosmetology Licensing Act.

     The legislature further finds that, although natural hair braiders should be exempt from licensure due to the nature of their practice, natural hair braiding nevertheless involves direct contact with clients and the use of tools and materials that, if not properly sanitized or sterilized, may create conditions that pose risks to the health and safety of clients.

     Accordingly, the purpose of this Act is to require natural hair braiders to be registered, rather than licensed, under the Barbering and Cosmetology Licensing Act.

     SECTION 2.  Chapter 439A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§439A-     Natural hair braiders; registration required; renewal.  (a)  No person shall engage in the practice of natural hair braiding unless the person has registered with the board under this section.

     (b)  Registration shall include:

     (1)  Submission of a complete application for registration on a form prescribed by the board;

     (2)  Beginning November 1, 2026, evidence of completion of a course or program that covers sanitation, health, and safety practices required for natural hair braiding, approved by the board by rule; and

     (3)  An application fee in an amount as provided in rules adopted by the board.

     (c)  Each certificate of registration shall be valid through December 31 of each odd-numbered year.  A registration shall be renewed by December 31 of each odd-numbered year upon meeting the requirements under subsection (d).  Failure to renew a registration shall cause the registration to be forfeited.  A registration that has been forfeited may be restored within one year of the forfeiture date upon payment of renewal and restoration fees.  Failure to restore a forfeited registration within one year shall result in the automatic termination of the registration.  A person whose registration has been terminated pursuant to this section shall be required to reapply for a new registration as a new applicant.

     (d)  To renew a registration, the registrant shall submit to the board:

     (1)  A complete application on a form prescribed by the board;

     (2)  Evidence of completion of any continuing education requirement that covers the sanitation, health, and safety practices required for natural hair braiding, as provided by rules of the board; and

     (3)  A renewal fee in an amount as provided by rules of the board.

     (e)  A natural hair braider shall not perform or attempt to perform services for which a license or permit is required under this chapter or advertise services in such a way that misleads consumers to believe that the natural hair braider offers services for which a license or permit is required under this chapter.  Any natural hair braider who violates this subsection may be subject to sanctions authorized under this chapter or other law for the unlicensed practice of barbering or the unlicensed practice of cosmetology.

     (f)  All registrants shall follow the sanitary practices as provided by rules of the board and any other sanitary practices or public health guidelines recommended by government agencies to protect the health and safety of the public.

     (g)  Nothing in this section shall be construed to prohibit a person from obtaining a private certification or an employer from requiring a person to obtain a private certification.

     (h)  This section shall not apply to a person who holds a license or permit under this chapter."

     SECTION 3.  Section 439A-2, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

     ""Braiding device" means blunt-tipped needles, clips, combs, crochet hooks, curlers, curling irons, hair binders, hairpins, rollers, scissors, or threads.

     "Natural hair braider" means a person who engages in the practice of natural hair braiding.

     "Natural hair braiding" includes:

     (1)  Braiding, cornrowing, extending, locking, twisting, weaving, or wrapping hair by hand or with braiding devices, and the minor trimming of hair extensions incidental thereto;

     (2)  The use of natural or synthetic hair extensions, natural or synthetic hair and fibers, decorative beads, and other hair accessories;

     (3)  The making and lacing of wigs from natural hair, natural fibers, synthetic fibers, and hair extensions; and

     (4)  The use of topical agents, including conditioners, gels, moisturizers, oils, or pomades in conjunction with the performance of the practices described in paragraphs (1) through (3).

"Natural hair braiding" does not include:

     (1)  The application of dyes, reactive chemicals, or other preparations to:

          (A)  Alter the color of hair; or

          (B)  Straighten, curl, or alter the structure of hair; or

     (2)  The use of chemical hair joining agents including synthetic tape, keratin bonds, or fusion bonds."

     SECTION 4.  Section 439A-3, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§439A-3[]]  License or permit required.  (a)  No person shall for commercial purposes practice as a barber apprentice, beauty apprentice, barber, beauty operator, or beauty instructor; operate a barber shop, beauty shop, or beauty school; or announce or advertise as being prepared or qualified to practice or operate unless the person obtains a license or permit as required by this chapter.

     (b)  The practice of barbering and practice of cosmetology shall be carried on only by persons holding a license or permit to practice in the State and only in barber shops or beauty shops; provided that nothing in this chapter shall prevent or prohibit a barber to practice barbering or beauty operator to practice cosmetology:

     (1)  At any place for educational purposes;

     (2)  Upon persons at a health care, nursing, mental, or correctional facility;

     (3)  At a charitable event; or

     (4)  At a person's private home, office, or hotel room when requested to do so.

     (c)  All licensees and permittees shall follow the sanitary practices as prescribed by rules of the board and any other sanitary practices or public health guidelines recommended by government agencies to protect the health and safety of the public.

     (d)  Nothing in this chapter shall be construed to prohibit or restrict the practice of a profession by individuals who are licensed, certified, or registered under the laws of the State who are performing services within their authorized scope of practice.

     (e)  This section shall not apply to persons registered under section 439A-    for activities within the practice of natural hair braiding; provided that the department and board shall retain enforcement authority over a registrant's conduct outside that practice for which a license or permit under this section is required."

     SECTION 5.  Section 439A-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  In addition to any other powers and duties authorized by law, the board shall have all the powers necessary to effectuate the purpose of this chapter, including the power to:

     (1)  Approve examinations for licensure to engage in the practice of barbering and practice of cosmetology;

     (2)  Issue apprentice permits or temporary permits;

     (3)  Grant, revoke, or suspend licenses, registrations, apprentice permits, or temporary permits; and

     (4)  Establish, subject to chapter 91 and with the approval of the governor and the director, rules governing the practice of barbering [and], practice of cosmetology, and practice of natural hair braiding and the standards and requirements for apprenticeship training and courses of training provided by schools, which shall have the force and effect of law."

     SECTION 6.  Section 439A-12, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§439A-12[]]  Display of licenses, certificates of registration, or permits.  The license of a barber, beauty operator, beauty instructor, barber shop, beauty shop, or beauty school[,]; the certificate of registration of a natural hair braider; and the permit of a barber apprentice, beauty apprentice, or temporary permittee, shall be conspicuously displayed in the place of business or employment."

     SECTION 7.  Section 439A-15, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§439A-15[]]  Citation for licensee, registrant, or permittee violations; fines.  (a)  In addition to any other remedy available under this chapter, the department may issue a citation to any person who holds a barber, beauty operator, beauty instructor, barber shop, beauty shop, or beauty school license [,]; a natural hair braider certificate of registration; or a temporary permit or apprentice permit, for any of the following violations of this chapter or rules adopted pursuant to this chapter and chapter 91:

     (1)  Failure of [a]:

          (A)  A barber, beauty operator, beauty instructor, barber shop, beauty shop, beauty school, barber apprentice, beauty apprentice, or temporary permittee engaged in the practice of barbering or practice of cosmetology; or

          (B)  A natural hair braider engaged in the practice of natural hair braiding,

          to display a license, certificate of registration, or permit in a conspicuous place in the office, place of business or employment, or school, during all hours of operation;

     (2)  Failure of a barber shop owner, beauty shop owner, or beauty school owner to ensure that only individuals who hold a current and appropriate license or permit engage in the practice of barbering or practice of cosmetology in the barber shop, beauty shop, or beauty school;

     (3)  Failure of a barber shop or beauty shop engaged in the practice of barbering or practice of cosmetology to conspicuously display in reception or work rooms, a price list or sign that shall read "PRICE LIST AVAILABLE UPON REQUEST" in capital letters at least three-fourths of one inch;

     (4)  Failure of a beauty school to identify each beauty instructor-trainee at the beauty school with a name tag, stating that person's full name and the words "Instructor-trainee", to be worn during all hours of instruction;

     (5)  Failure of a beauty school to identify each beauty instructor at the beauty school with a name tag, stating that person's full name, the word "Instructor", and identifying the beauty instructor's appropriate beauty operator category, to be worn during all hours of instruction;

     (6)  Failure of a beauty school, during all hours of instruction, to operate the beauty school with a beauty instructor-student ratio of at least one beauty instructor for every twenty-five students, and with a minimum of two beauty instructors; or

     (7)  Failure of a beauty school that performs work upon or for members of the public to display, in a conspicuous place in each reception and work room, a sign [not] no less than eighteen inches by twenty-four inches that shall state "School of Beauty Culture--Work done by students under supervision" in letters [not] no less than one-half of one inch.

     (b)  Each citation:

     (1)  Shall be in writing and describe the basis of the citation, including the specific statute or rule violated;

     (2)  May contain an order of abatement and the assessment of a fine in the amount of $500 for each violation;

     (3)  Shall be served on the licensee, registrant, or permittee by personal service; and

     (4)  Shall inform the licensee, registrant, or permittee that the licensee, registrant, or permittee may submit a written request to the board or its designee for a hearing to contest the citation, within twenty calendar days from the service of the citation.

     (c)  If the licensee, registrant, or permittee timely submits a written request to the board or its designee for a hearing, the board may designate a hearings officer to conduct the hearing in accordance with chapter 91.

     (d)  If the licensee, registrant, or permittee does not timely submit a written request to the board or its designee for a hearing, the citation shall be deemed a final order of the board.

     (e)  Failure of a licensee, registrant, or permittee to pay any assessed fine within thirty calendar days, unless the licensee, registrant, or permittee contests the citation, may result in further disciplinary action taken by the board."

     SECTION 8.  Section 439A-16, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§439A-16[]]  Refusal to grant license, certificate of registration, or permit; suspension and revocation of licenses, certificates of registration, or permits.  (a)  In addition to any other actions authorized by law, the board may take disciplinary action against any license, certificate of registration, or permit issued under this chapter, including but not limited to suspension, revocation, fine, or a combination thereof, or refuse to grant or renew any license, certificate of registration, or permit for any cause authorized by law, including but not limited to the following:

     (1)  Procuring a license, certificate of registration, or permit through fraud, misrepresentation, or deceit;

     (2)  Professional misconduct, gross negligence, or manifest incapacity;

     (3)  Permitting a person without a license, certificate of registration, apprentice permit, or temporary permit to perform activities that require a license, certificate of registration, apprentice permit, or temporary permit under this chapter;

     (4)  Violation of this chapter or the rules adopted pursuant thereto;

     (5)  Making any false representation or promise through advertising or otherwise;

     (6)  Failing to display a license, certificate of registration, apprentice permit, or temporary permit as provided in this chapter;

     (7)  Any other conduct constituting fraudulent or dishonest dealings;

     (8)  Failing to comply with a board order; or

     (9)  Making a false statement on any document submitted or required to be filed by this chapter.

     (b)  Any licensee, registrant, or permittee who violates this chapter or the rules adopted pursuant thereto shall be fined [not] no less than $500 and [not] no more than $2,000 for each violation."

     SECTION 9.  Section 439A-16.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§439A-16.5[]]  Revocation of license or certificate of registration or denial of application to renew, restore, or reinstate a license or certificate of registration based on conviction requiring registration as a sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the board shall automatically revoke a license or certificate of registration or deny an application to renew, restore, or reinstate a license or certificate of registration under either of the following circumstances:

     (1)  The licensee or registrant has been convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee or registrant has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee or registrant of the license or certificate of registration revocation or denial of application to renew, restore, or reinstate the license or certificate of registration and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or certificate of registration or denial of an application to renew, restore, or reinstate, the licensee or registrant may file a written request for a hearing with the board within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the [license holder] licensee or registrant is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license or certificate of registration of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 10.  Section 439A-17, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  An appeal may be taken from a final action of the board suspending or revoking a license, certificate of registration, apprentice permit, or temporary permit for the causes pursuant to section 439A-16 to the circuit court of the circuit in which the person whose license, certificate of registration, apprentice permit, or temporary permit has been suspended or revoked resides.

     (b)  Any person aggrieved by the denial of a license, certificate of registration, apprentice permit, or temporary permit by the board may submit a request for a hearing pursuant to chapter 91 within sixty days of the date of notification of the denial or refusal."

     SECTION 11.  No later than November 1, 2026, the board of barbering and cosmetology shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, prescribing the approved courses or programs that cover sanitation, health, and safety practices required for natural hair braiding, that are necessary for registration under section 2 of this Act.

     SECTION 12.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 13.  This Act shall take effect on July 1, 3000.

Report Title:

Board of Barbering and Cosmetology; Natural Hair Braiding; Exemption from Licensure; Registration; Sanitation, Health, and Safety Practices

Description:

Requires natural hair braiders to be registered, rather than licensed, under the Board of Barbering and Cosmetology.  By 11/1/2026, requires the Board to adopt rules prescribing the approved courses or programs that cover sanitation, health, and safety practices required for natural hair braiding.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to natural hair braiding.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that natural hair braiding is a traditional practice that does not present significant health and safety risks to consumers or practitioners.  While natural hair braiding is distinct from the practice of cosmetology or barbering, existing law has been interpreted to require natural hair braiders to obtain a license from the board of barbering and cosmetology, imposing an undue burden on those who engage in natural hair braiding as a profession.  Because licensees are required to undergo education and training for cosmetology practices that are outside the scope of natural hair braiding, such as nail care and makeup application, the purpose of this Act is to exempt natural hair braiders from licensing requirements under the Barbering and Cosmetology Licensing Act under certain conditions.

     SECTION 2.  Chapter 439A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§439A-    Natural hair braiders; exemption; conditions.  (a)  Nothing in this chapter shall be construed to require a natural hair braider that engages in the practice of natural hair braiding to obtain a license under this chapter; provided that the natural hair braider shall not perform or attempt to perform services regulated under this chapter or advertise services in such a way that misleads consumers to believe that the natural hair braider offers services that are otherwise regulated under this chapter.  Any natural hair braider who violates this subsection may be subject to sanctions authorized under this chapter for the unlicensed practice of barbering or the unlicensed practice of cosmetology.

     (b)  Nothing in this section shall be construed to prohibit a person from obtaining a private certification or an employer from requiring a person to obtain a private certification.

     (c)  For the purposes of this section:

     "Braiding device" means clips, combs, crochet hooks, curlers, curling irons, hairpins, rollers, scissors, blunt-tipped needles, threads, or hair binders.

     "Natural hair braider" means a person who engages in the practice of natural hair braiding.

     "Natural hair braiding" includes:

     (1)  Twisting, locking, wrapping, weaving, cornrowing, extending, or braiding hair by hand or with braiding devices, and the minor trimming of hair extensions incidental thereto;

     (2)  The use of natural or synthetic hair extensions, natural or synthetic hair and fibers, decorative beads, and other hair accessories;

     (3)  The making and lacing of wigs from natural hair, natural fibers, synthetic fibers, and hair extensions; and

     (4)  The use of topical agents, including conditioners, gels, moisturizers, oils, or pomades in conjunction with the performance of the practices described in paragraphs (1) through (3).

     "Natural hair braiding" does not include:

     (1)  The application of dyes, reactive chemicals, or other preparations to:

          (A)  Alter the color of hair; or

          (B)  Straighten, curl, or alter the structure of hair; or

     (2)  The use of chemical hair joining agents including synthetic tape, keratin bonds, or fusion bonds."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Board of Barbering and Cosmetology; Natural Hair Braiding; License; Exemption

Description:

Exempts natural hair braiders from licensing requirements under certain conditions.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 2799

Honolulu, Hawaii

RE:     S.B. No. 2876

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 2876 entitled:

"A BILL FOR AN ACT RELATING TO NATURAL HAIR BRAIDING,"

begs leave to report as follows:

     The purpose and intent of this measure is to exempt natural hair braiders from licensing requirements under certain conditions.

     Your Committee received testimony in support of this measure from the Grassroot Institute of Hawaii and Institute for Justice.

     Your Committee received comments on this measure from the Board of Barbering and Cosmetology and John Chambers College of Business and Economics Knee Regulatory Research Center of West Virginia University.

     Your Committee finds that natural hair braiding is a safe practice that does not involve cutting, dyeing, or the use of harsh chemicals, however obtaining licensure requires completion of 1,250 hours in a state-approved hairdressing program, which can cost upwards of $17,000 in tuition.  This measure would align the State with thirty-five other states by removing license requirements for natural hair braiding.

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2876 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,