SB 2876

THE SENATE
S.B. NO.
2876
THIRTY-THIRD LEGISLATURE, 2026
H.D. 1
STATE OF HAWAII
C.D. 1
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
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not legislation or evidence of legislative intent.