An Act To Clarify Services Provided by Barbers and Master Barbers
Maine Legislature, Session 130, LD 1232
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: SALISBURY, RIELLY
Amends: 32 MRSA §14202, 32 MRSA §14203, 32 MRSA §14204, 32 MRSA §14205, 32 MRSA §14212-A, 32 MRSA §14224, 32 MRSA §14227-A, 32 MRSA §14227-B, 32 MRSA §14230, 32 MRSA §14232, 32 MRSA §14236-A, 32 MRSA §14239

Legislative Document
No. 1232
H.P. 903
House of Representatives, March 24, 2021
An Act To Clarify Services Provided by Barbers and Master 
Barbers
Received by the Clerk of the House on March 22, 2021.  Referred to the Committee on 
Innovation, Development, Economic Advancement and Business pursuant to Joint Rule 308.2 
and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative SALISBURY of Westbrook.
Cosponsored by Representative: RIELLY of Westbrook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §14202, sub-§1-A is enacted to read:
1-A.  Barber pole.  "Barber pole" means a pole with red and white spiral stripes, 
intended to indicate the practice of barbering.
Sec. 2.  32 MRSA §14202, sub-§5, as amended by PL 2019, c. 373, §2, is further 
amended to read:
5.  Establishment.  "Establishment" means a beauty shop or salon, cosmetology shop 
or salon, barber hair styling barber shop or salon, hair styling shop or salon, hair design 
shop or salon or any premises, structure, building or part of a building where any activity 
licensed under this chapter is practiced.
Sec. 3.  32 MRSA §14202, sub-§8-A, as enacted by PL 2019, c. 373, §6, is amended 
to read:
8-A.  Practice of barber hair styling barbering.  "Practice of barber hair styling 
barbering" means any one or any combination of the following practices, when done for 
hire or compensation, upon the head of the human body for cosmetic purposes and not for 
the treatment of disease or physical or mental ailments:
A.  Shaving, trimming or cutting the beard or mustache or removing superfluous hair;
B.  Massaging of the scalp, face and neck and giving a facial and scalp treatment with 
creams, lotions, oils and other cosmetic preparations, either by hand or mechanical 
appliances, but such appliances may not be galvanic or faradic;
C.  Shampooing or applying hair tonics and conditioners;
D.  Cutting, arranging and styling human hair; or
E.  Cutting, fitting or styling hairpieces or wigs.
Sec. 4.  32 MRSA §14202, sub-§11, ¶B, as repealed and replaced by PL 2019, c. 
373, §10, is repealed and the following enacted in its place:
B.  Barbering;
Sec. 5.  32 MRSA §14202, sub-§13, ¶B, as repealed and replaced by PL 2019, c. 
373, §11, is repealed and the following enacted in its place:
B.  Barbering;
Sec. 6.  32 MRSA §14203, sub-§2, as amended by PL 2019, c. 373, §13, is further 
amended to read:
2.  Exceptions.  The practice of cosmetology, barber hair styling barbering, hair design, 
aesthetics or nail technology may be performed only by persons duly licensed to practice 
in this State and only in an establishment licensed by the director, except as provided in 
this subsection.  Duly licensed persons may practice their respective practices:
A.  On patients in hospitals or nursing homes;
B.  On residents of youth camps;
C.  On inmates or residents of institutions of the Department of Health and Human 
Services or the Department of Corrections;
D.  On invalids or handicapped persons in those persons' places of residence;
E.  On residents of nursing homes;
F.  On hotel or motel occupants in their hotel or motel rooms;
G.  On persons in their residences;
H.  On persons in their private businesses;
I.  On human remains in licensed funeral establishments; and
J.  On persons at special events such as weddings, conventions and other similar events 
as determined by the director.
The services provided pursuant to this subsection must comply with any applicable health 
and safety requirements, the requirements of this chapter and rules adopted under this 
chapter and all federal, state and local laws.
Sec. 7.  32 MRSA §14204, first ¶, as amended by PL 2019, c. 373, §15, is further 
amended to read:
A person may not instruct in any of the branches of aesthetics, barber hair styling 
barbering, cosmetology, hair design or nail technology unless that person holds a valid 
license to practice and is authorized to instruct in each respective practice issued under this 
chapter, except that when specifically authorized by law, physicians may instruct without 
holding a license to practice in a branch of aesthetics, barber hair styling barbering, 
cosmetology, hair design or nail technology.
Sec. 8.  32 MRSA §14205, as amended by PL 2019, c. 373, §16, is further amended 
to read:
§14205.  Violations
1.  Penalties.  A person is subject to the provisions of section 14236‑A and Title 10, 
section 8003, subsection 5‑A if that person:
A.  Practices barber hair styling barbering, cosmetology, hair design, nail technology 
or aesthetics in this State without having obtained a license as provided by this chapter;
B.  Employs a person to practice barber hair styling barbering, cosmetology, hair 
design, nail technology or aesthetics who does not have a license; or
C.  Falsely professes to be qualified to practice or instruct barber hair styling barbering, 
cosmetology, hair design, nail technology or aesthetics under this chapter.
Sec. 9.  32 MRSA §14212-A, sub-§2, ¶A, as amended by PL 2019, c. 373, §17, is 
further amended to read:
A.  Requirements for the licensure of aestheticians, barber hair stylists barbers, 
cosmetologists, hair designers, nail technicians, instructors and trainees;
Sec. 10.  32 MRSA §14224, sub-§1, as amended by PL 2019, c. 373, §19, is further 
amended to read:
1.  Practice; license required.  A person may not practice cosmetology, barber hair 
styling barbering, hair design, nail technology or aesthetics or act as a trainee in this State 
unless that person has first obtained a license as provided in this chapter.
Sec. 11.  32 MRSA §14224, sub-§2, as repealed and replaced by PL 2019, c. 373, 
§20, is amended to read:
2.  Level 1 establishment license and level 2 establishment license; operation; 
license required.  A person, firm, corporation or other legal entity may not provide services 
in, operate or cause to be operated a level 1 establishment or a level 2 establishment where 
cosmetology, barber hair styling barbering, hair design, nail technology or aesthetics is 
practiced unless that establishment has been licensed by the director.  A level 1 
establishment license or a level 2 establishment license issued pursuant to this subsection 
authorizes the operation of an establishment only at the location for which the license is 
issued.  Operation of a level 1 establishment or level 2 establishment at any other location 
is unlawful unless a license for the new location has been obtained in compliance with this 
chapter and applicable rules.
A.  A level 1 establishment licensee is a person who owns an establishment, who may 
hold a license to practice under this chapter and who may employ one or more 
individuals licensed to practice in one or a combination of the practices licensed under 
this chapter.  A level 1 establishment owner may lease space or a chair or station within 
or on the owner's premises to a level 2 establishment owner.
B.  A level 2 establishment licensee is a person who holds a license to practice under 
this chapter and who leases space or a chair or station, pursuant to a written agreement 
or contract, within or on the premises of a licensed level 1 establishment and who 
provides services separate and apart from the level 1 establishment licensee.  A level 2 
establishment licensee is not an employee of the level 1 establishment licensee from 
whom the level 2 establishment licensee leases space or a chair or station and is subject 
to licensure, fees and compliance with laws and rules in the same manner as the level 
establishment licensee.  A person who is required to work under the supervision of a 
person licensed to practice under this chapter such as a holder of a temporary license 
issued pursuant to section 14230 or a trainee licensed pursuant to section 14232 is not 
eligible for a level 2 establishment license.
The director shall furnish to each licensed cosmetologist, barber hair stylist, hair designer, 
nail technician or aesthetician a license certifying that the holder of that license is entitled 
to practice in this State.  The licensee shall post the license in a conspicuous place where it 
may be readily seen and read by all persons served.  The reproduction, altering or defacing 
of any license is prohibited.
The exceptions listed in section 14203, subsection 2 do not permit the practice of 
cosmetology, barber hair styling barbering, hair design, nail technology or aesthetics in 
food establishments or food preparation areas.
Sec. 12.  32 MRSA §14224, sub-§3, as amended by PL 2019, c. 373, §25, is further 
amended to read:
3.  Trainee.  A trainee cosmetologist, barber hair stylist, hair designer, nail technician 
or aesthetician licensed pursuant to section 14232 may not independently conduct a 
practice but may, as a trainee, do any or all acts constituting the practice under the 
immediate personal supervision of a person licensed and approved by the director in a 
licensed establishment.
Sec. 13.  32 MRSA §14224, sub-§4, as amended by PL 2019, c. 373, §26, is further 
amended to read:
4.  Student.  A student studying the practice of cosmetology, barber hair styling 
barbering, hair design, nail technology, aesthetics or instructing must be enrolled in a 
school licensed by the director pursuant to section 14233.
Sec. 14.  32 MRSA §14227-A, as amended by PL 2019, c. 373, §31, is further 
amended to read:
§14227-A.  Qualifications; barber hair styling barbering
A person is eligible to obtain a license under this chapter for the practice of barber hair 
styling barbering if that person:
3.  Training.  Has satisfactorily completed a course of instruction in the practice of 
barber hair styling barbering of 800 hours in not less than 5 months in a school licensed by 
the director or has experience in the practice of barber hair styling barbering as a trainee of 
1,600 hours distributed over a period of at least 10 months; and
4.  Examination.  Has passed an approved examination.
Only individuals licensed under this section may hold themselves out as barber hair 
stylists, barbers or hair stylists.
Sec. 15.  32 MRSA §14227-B is enacted to read:
§14227-B.  Qualifications; master barber
A person is eligible to obtain a license under this chapter for the practice of master 
barbering if that person:
1.  Training.  Has satisfactorily completed a course of instruction in the practice of 
barbering of 1,500 hours in not less than 9 months in a school licensed by the director or 
has experience in the practice of barbering as a trainee of 2,500 hours distributed over a 
period of at least 18 months; and
2.  Examination.  Has passed an approved examination.
Only individuals licensed under this section may hold themselves out as master 
barbers.
Sec. 16.  32 MRSA §14230, as amended by PL 2019, c. 373, §35, is further amended 
to read:
§14230.  Temporary license
If an applicant to practice cosmetology, barber hair styling barbering, hair design, nail 
technology or aesthetics qualifies for examination, the director may issue a temporary 
license to practice under the direct supervision of a qualified supervisor, as determined by 
rules, within a licensed establishment.  The applicant must pay the fee as set under section 
14238.  A temporary license expires 6 months from the date of issuance and is not 
renewable.  The applicant is not considered a trainee.
Sec. 17.  32 MRSA §14232, sub-§2, ¶C, as amended by PL 2019, c. 373, §37, is 
further amended to read:
C.  The type of training, such as cosmetology, barber hair styling barbering, hair design, 
nail technology or aesthetics;
Sec. 18.  32 MRSA §14232, sub-§4, as amended by PL 2019, c. 373, §39, is further 
amended to read:
4.  Renewal; display; examination.  A trainee license is renewable upon payment of 
the fee as set under section 14238.  The license must be displayed as provided for licenses 
in section 14224.  The term "trainee" must appear in conspicuous print on the license.  To 
be licensed as a cosmetologist, barber hair stylist, hair designer, aesthetician or nail 
technician, a trainee, upon completion of the required training in accordance with this 
chapter, must pass an approved examination.
Sec. 19.  32 MRSA §14236-A, sub-§1, ¶D, as amended by PL 2019, c. 373, §43, 
is further amended to read:
D.  Employing a person to practice cosmetology, barber hair styling barbering, hair 
design, nail technology or aesthetics who does not hold a valid license, unless that 
person is a trainee within the meaning of this chapter; or
Sec. 20.  32 MRSA §14239 is enacted to read:
§14239.  Barber poles
A barber pole may be installed at a place of business only if at least one licensed barber 
or master barber practices barbering at the location of the business.
SUMMARY
This bill describes training requirements for master barbers, a new license category. It 
replaces the term "barber hair stylist" with "barber".  It defines "barber pole" and also 
prohibits installation of a barber pole at a place of business unless at least one licensed 
barber or master barber practices barbering at the location of the business.