N.J. Admin. Code § 13:28-2.15

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:28-2.15 - Prohibited practices

(a) A practitioner shall not engage in any conduct set forth in this section. A practitioner who engages in such conduct shall be deemed to be engaged in unlawful practice pursuant to N.J.S.A. 45:5B-13(e) and may be subject to penalty. A holder of a shop license at which such unlawful practices occur shall be deemed to have engaged in unlawful practice pursuant to N.J.S.A. 45:5B-13(e) and may be subject to penalty if he or she aids, abets, or permits a practitioner to engage in any conduct prohibited by this section.

(b) A practicing licensee shall not:

1. Use or offer to use a credo blade, skin scraper, lancet, or other comparable implement;

2. Perform or offer to perform massaging, cleansing or stimulating of the skin, with or without cosmetic preparations, by hand, mechanical or electrical appliances, below the stratum corneum, thereby affecting the living cells of the epidermis;

3. Perform or offer to perform eyebrow and/or eyelash tinting;

4. Provide, or offer to provide, fish pedicures.

i. For purposes of this paragraph, "fish pedicures" means the use of live fish to perform any service incident to the provision of pedicure services;

5. Perform or offer to perform ear candle services.

i. For the purpose of this paragraph, "ear candle services" means placing a manufactured or homemade funnel type candle or any device in the ear for the purpose of cleansing and/or treatment of the ear or inner ear canal;

6. Perform or offer to perform any service that claims to cure or remedy any disease or illness;

7. Perform or offer to perform any service that has been determined by the New Jersey State Board of Medical Examiners to be a medical service. Such services shall include laser hair removal and injections of Botox<(R)>, Restylane<(R)> or other similar medications for purposes of skin enhancement or collagen production;

8. Utilize any medical device to perform services within the definition of cosmetology and hairstyling, beauty culture, barbering, manicuring, skin care specialty, or hair braiding, other than Class I medical devices approved by the Federal Food and Drug Administration. A practitioner shall comply with manufacturers' instructions for use, cleaning, and maintenance of Class I medical devices;

9. Perform or offer to perform the removal of skin tags;

10. Perform or offer to perform teeth whitening or other services related to the beautification of the teeth;

11. Perform or offer to perform permanent cosmetic applications, such as tattooing and permanent make-up; or

12. Perform or offer to perform body piercing.

i. For purposes of this paragraph, "body piercing" means puncturing or penetrating any part of a person's body with a needle or other implement for the purpose of inserting jewelry or another object into the body except for piercing of the ear lobe using only a pre-sterilized single use stud and clasp ear piercing system following manufacturer's instructions.

N.J. Admin. Code § 13:28-2.15

New Rule, R.1998 d.285, effective 6/1/1998.
See: 30 N.J.R. 972(a), 30 N.J.R. 2047(a).
Amended by R.2003 d.458, effective 12/1/2003.
See: 35 N.J.R. 2400(a), 35 N.J.R. 5429(a).
Added (d) through (f).
Repeal and New Rule, R.2009 d.169, effective 5/18/2009.
See: 40 N.J.R. 6739(a), 41 N.J.R. 2124(b).
Section was "Prohibited practices".
Amended by R.2012 d.169, effective 10/15/2012.
See: 44 N.J.R. 1763(a), 44 N.J.R. 2366(a).
Added new (b)4 to replace reserved subsection; and in (b)8, inserted "beauty culture, barbering,", and inserted a comma following "manicuring" and "cleaning".
Special amendment, R.2019 d.124, effective 10/30/2019 (to expire October 27, 2020).
See: 51 N.J.R. 1779(a).
In the introductory paragraph of (b), substituted "practicing licensee" for "practitioner"; and in (b)8, deleted "or" preceding "skin", and inserted ", or hair braiding,".

Amended by 53 N.J.R. 1798(a), effective 10/18/2021