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RSA 313-A:1 · Definitions

313-A:1 Definitions. – As used in this chapter:

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I.

"Barber" means any person practicing barbering.

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II.

"Barbering" means:

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(a)

Shaving or trimming the beard or cutting the hair;

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(b)

Giving facial or scalp massages or treatment with oils, creams, lotions, or other preparations, either by hand or mechanical appliances; or

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(c)

Shampooing, arranging, dressing, or styling the hair. II-a. "Master barber" means any person licensed by the office of professional licensure and certification as a master barber to practice the following:

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(a)

Shaving or trimming the beard or cutting the hair;

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(b)

Giving facial or scalp massages or treatment with oils, creams, lotions, or other preparations, either by hand or mechanical appliances;

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(c)

Shampooing, arranging, dressing, or dyeing the hair or applying hair tonics;

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(d)

Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to scalp, face, or neck, or removing superfluous hair from the face and neck of any person; or

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(e)

Styling, waving, curling, straightening, or bleaching the hair by mechanical or chemical means.

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III.

"Barbershop" means any establishment or place of business wherein the practice of barbering is engaged in or carried on.

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IV.

"Board" means the board of barbering, cosmetology, and esthetics.

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V.

"Cosmetologist" means any person practicing cosmetology.

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VI.

"Cosmetology" means arranging, dressing, curling, waving, cleansing, cutting, bleaching, coloring, or similarly treating the hair of any person, and performing other work customarily performed by a cosmetologist such as giving facials, manicures, pedicures, and artificial nail enhancements, applying makeup or eyelashes to any person, and removing superfluous hair.

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VII.

"Esthetician" means any person practicing esthetics.

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VIII.

"Esthetics" means:

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(a)

Giving facials, applying makeup, giving therapeutic skin care treatments, removing superfluous hair, or applying eyelashes to any person;

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(b)

Beautifying the face, neck, arms, and shoulders, by use of cosmetic preparations, antiseptics, tonics, lotions, or creams;

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(c)

Massaging, cleansing, or stimulating the face, neck, arms, and shoulders, by means of the hands, devices, apparatus, or appliances, with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams; or

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(d)

Providing pedicure and manicure services, including therapeutic skin and nail care treatments for the feet and hands, beautifying the feet and hands, and massaging, cleansing, or stimulating the feet and hands by means of the hands, devices, apparatus, or appliances, with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams, trimming or filing the nails, and polishing the nails. VIII-a. "Fitzpatrick scale" means the following scale for classifying the 6 skin types, based on the skin's reaction to the first 10 to 45 minutes of sun exposure after the winter season: Skin Type Sunburning and Tanning History 1 Always burns easily; never tans 2 Always burns easily; tans minimally 3 Burns moderately; tans gradually 4 Burns minimally; always tans well 5 Rarely burns; tans profusely 6 Never burns; deeply pigmented.

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IX.

"Manicurist" or "pedicurist" means any person practicing manicuring or pedicuring.

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X.

"Manicuring" or "pedicuring" means cutting, trimming, polishing, applying artificial enhancements such as tips or acrylic to the natural nails, or coloring or cleansing the nails of any person.

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XI.

"Mobile barbershop" means a vehicle or structure, readily mobile, designed, constructed or adapted to serve as a barbershop at multiple sites. XI-a. "Operator" means a person age 18 or older who has received training through a program approved by the board in the safe operation of tanning devices, operates the tanning device, controls the length of the exposure to UV light, and instructs the consumer in the proper use of the device. XI-b. "Phototherapy device" means equipment that emits UV radiation and is used by licensed health care professionals in the treatment of disease.

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XII.

"Salon" means a beauty salon or other place kept open for the business of cosmetology, manicuring, or esthetics.

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XIII.

"School" means a school or other institution, or a dedicated program within such school or institution, conducted for the purpose of teaching cosmetology, manicuring, barbering, or esthetics. XIII-a. "Shop" means barbershop, mobile barbershop, and salon as defined in this section, as well as any other business location for barbering, cosmetology, or esthetics in New Hampshire.

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XIV.

"Tanning device" includes any equipment, including a sunlamp, tanning booth, and tanning bed, that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers and is used for the tanning of human skin. The term also includes any accompanying equipment, including protective eyewear, timers, and handrails.

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XV.

"Tanning facility" means any location, place, area, structure or business which provides access to a tanning device for a fee, membership dues or any other compensation.

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XVI.

"Ultraviolet (UV) radiation" means electromagnetic radiation with wavelengths between 200 nanometers and 400 nanometers. Source. 2000, 118:1. 2002, 230:1. 2004, 177:1-3. 2005, 262:6. 2007, 47:1, eff. July 20, 2007. 2016, 297:1-4, eff. Aug. 20, 2016. 2021, 205:2, Pt. VIII, Sec. 1, eff. Oct. 9, 2021. 2024, 327:14, 15, eff. July 1, 2024. 2025, 141:146, eff. July 1, 2025.

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Source note

Source. 2000, 118:1. 2002, 230:1. 2004, 177:1-3. 2005, 262:6. 2007, 47:1, eff. July 20, 2007. 2016, 297:1-4, eff. Aug. 20, 2016. 2021, 205:2, Pt. VIII, Sec. 1, eff. Oct. 9, 2021. 2024, 327:14, 15, eff. July 1, 2024. 2025, 141:146, eff. July 1, 2025.

Source history

  • 2000, 118:1
  • 2002, 230:1
  • 2004, 177:1-3
  • 2005, 262:6
  • 2007, 47:1, eff. July 20, 2007
  • 2016, 297:1-4, eff. Aug. 20, 2016
  • 2021, 205:2, Pt. VIII, Sec. 1, eff. Oct. 9, 2021
  • 2024, 327:14, 15, eff. July 1, 2024
  • 2025, 141:146, eff. July 1, 2025

Related materials

Bill relationships

  • 2026 HB1540 reference · effective 2026-07-01

    sue a license to a business currently licensed through the office of professional licensure and certification, pursuant to RSA 313-A:19, as a salon or barbershop, as defined under RSA 313-A:1, to serve one alcoholic beverage to customers who are receiving services from said establishment. Such licenses shall be designated either as a tier 1 license or a tier 2 license. (a)(1) Notwithstanding the provisio

  • 2026 HB1540 reference · effective 2026-07-01

    21, III to read as follows: III. The commission may issue a license to a business currently licensed through the office of professional licensure and certification, pursuant to RSA 313-A:19, as a salon or barbershop, as defined under RSA 313-A:1, to serve one alcoholic beverage to customers who are receiving services from said establishment. Such licenses shall be designated either as a tier 1 license or a

  • 2026 HB1540-FN reference · effective 2026-07-01

    sue a license to a business currently licensed through the office of professional licensure and certification, pursuant to RSA 313-A:19, as a salon or barbershop, as defined under RSA 313-A:1, to serve one alcoholic beverage to customers who are receiving services from said establishment. Such licenses shall be designated either as a tier 1 license or a tier 2 license. (a)(1) Notwithstanding the provisio

  • 2026 HB1540-FN reference · effective 2026-07-01

    21, III to read as follows: III. The commission may issue a license to a business currently licensed through the office of professional licensure and certification, pursuant to RSA 313-A:19, as a salon or barbershop, as defined under RSA 313-A:1, to serve one alcoholic beverage to customers who are receiving services from said establishment. Such licenses shall be designated either as a tier 1 license or a

  • 2026 SB669 reference

    21, III to read as follows: III. The commission may issue a license to a business currently licensed through the office of professional licensure and certification, pursuant to RSA 313-A:19, as a salon or barbershop, as defined under RSA 313-A:1, to serve one alcoholic beverage to customers who are receiving services from said establishment. Such licenses shall be designated either as a tier 1 license or a

  • 2026 SB669 reference

    sue a license to a business currently licensed through the office of professional licensure and certification, pursuant to RSA 313-A:19, as a salon or barbershop, as defined under RSA 313-A:1, to serve one alcoholic beverage to customers who are receiving services from said establishment. Such licenses shall be designated either as a tier 1 license or a tier 2 license. (a)(1) Notwithstanding the provisio

  • 2026 SB669-FN reference

    sue a license to a business currently licensed through the office of professional licensure and certification, pursuant to RSA 313-A:19, as a salon or barbershop, as defined under RSA 313-A:1, to serve one alcoholic beverage to customers who are receiving services from said establishment. Such licenses shall be designated either as a tier 1 license or a tier 2 license. (a)(1) Notwithstanding the provisio

  • 2026 SB669-FN reference

    21, III to read as follows: III. The commission may issue a license to a business currently licensed through the office of professional licensure and certification, pursuant to RSA 313-A:19, as a salon or barbershop, as defined under RSA 313-A:1, to serve one alcoholic beverage to customers who are receiving services from said establishment. Such licenses shall be designated either as a tier 1 license or a

  • 2025 HB2 repeal

    t the time of initial licensure and biannually thereafter, unless a shop or school has obtained an Occupational Safety and Health Administration (OSHA) certificate or its equivalent pursuant to RSA 313-A:19 or RSA 313-A:19-a. Sanitary inspections may also be made for investigations conducted pursuant to RSA 310:9, regardless of whether a shop or school has obtained a certificate. 141:157 Repeal. RSA 313-A:24, V, relative to applic

  • 2025 HB2 amend

    tion in accordance with this chapter and criteria established by the board pursuant to RSA 541-A and passed an examination; or 141:153 Barbering, Cosmetology, and Esthetics; Qualifications; Estheticians. Amend RSA 313-A:13 to read as follows: 313-A:13 Qualifications; Estheticians. To be issued an esthetics license by the office of professional licensure and certification, an applicant shall, in addition to satisfying the require

  • 2025 HB2 reference

    ard may be substituted for the required training. Estheticians who have practiced professionally in this state for a period of at least 3 years prior to July 1, 1989, and who have satisfied the requirements of RSA 313-A:11, I(a), (b), and (e) and the training requirements of this section shall not be required to take the examination provided for in this section to be eligible for licensure under this chapter. Credit towards the

  • 2025 HB2 add

    quivalent to an OSHA certificate that meets or exceeds 10 hours earned in barbering, cosmetology, esthetics, or manicuring. 141:155 New Section; Barbering, Cosmetology, and Esthetics; Operating a School. Amend RSA 313-A by inserting after section 19 the following new section: 313-A:19-a Operating a School. I. Applicants for initial licensure as a school shall meet all requirements established in the rules of the board, includ