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Dead Constitution
See other Dead Constitution Articles

Title: Danger! Unlicensed manicurist on the loose!
Source: Union Leader
URL Source: http://www.theunionleader.com/articles_showa.html?article=54541
Published: May 11, 2005
Author: none listed
Post Date: 2005-05-11 11:02:23 by Mr Nuke Buzzcut
Keywords: Unlicensed, manicurist, Danger!
Views: 13

Danger!
Unlicensed manicurist on the loose!

FEAR NOT, gentle people of New Hampshire. Mike Fisher has been apprehended. For the time being we can rest easy knowing that this man is unable to file another fingernail without the proper credentials.

On Monday two Concord police officers arrested Fisher for manicuring without a license. In New Hampshire, it is illegal to give someone a manicure unless you have first graduated from high school or obtained your GED, "(h)ave completed a course of at least 300 hours of professional training in manicuring, in a school approved by the (state Board of Barbering, Cosmetology, and Esthetics) and passed an examination conducted by the board" or, as an apprentice in a salon, received experience equivalent to the 300 hours of schooling.

Of course women and girls give themselves and their friends manicures every day, and the police have better things to do than spy on slumber parties. What got Fisher arrested was his civil disobedience. He demonstrated the absurdity of the law by setting up shop outside the state licensing office and giving a friend an illegal manicure.

Fisher, a Free Stater (you remember them, right?), said he moved to New Hampshire from Vermont to open his own computer business. "It?s hard in Vermont to start a business," he told the Exeter News-Letter. "In New Hampshire, it was just a $50 fee and a trade-name registration."

Except, if you want to start one of any number of small businesses heavily regulated ostensibly for health and safety reasons, you are out of luck.

The state Board of Barbering, Cosmetology, and Esthetics allegedly exists to ensure the health and safety of people who use barbers, cosmetologists and estheticians. (In case you are wondering, state law defines an esthetician as "any person practicing esthetics." Basically, it?s a beautician.) Really, though, the board exists to decrease competition among barbers, cosmetologists and estheticians by restricting the supply of new practitioners.

Consider that under state law, doing any of the following without a license is illegal:

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

* "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. . ."

* "Providing pedicure services. . . beautifying the foot, and massaging, cleansing, or stimulating the foot by means of the hands, devices, apparatus, or appliances, with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams, trimming or filing the toenails, and polishing the toenail. . ."

* "(A)rranging, dressing, curling, waving, cleansing, cutting, bleaching, coloring, or similarly treating the hair of any person . . ."

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

* "Shampooing, arranging, dressing, or dyeing the hair or applying hair tonics . . ."

* "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. . ."

If, without a state license, you or your friends do any of those activities in the privacy of your own home, you are breaking the law.

Surely there is a small need for some minor health regulations on barbers, cosmetologists and estheticians. But to classify everything they do as unhealthy or unsafe if not done by a high school graduate with hundreds of hours of training is plainly absurd.

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