RULE 023.00.90-001 - Laws, Rules and Regulations for Barbering

RULE 023.00.90-001. Laws, Rules and Regulations for Barbering

ARKANSAS BARBER LAMS

ARKANSAS STAOTHES

17-18-101 -- 17-18-503)

17-18-101. PRACTICE OF BARBERING REGULATED - CERTIFICATES OF RBGISISATION-Schools or Shops Under Supervision of Registered Barber.

On and after the passage and effective date of this Act (March 25, 1937), it shall be unlawful:

(1) To practice barbering in this state without a certificate of registration as a registered barber, issued pursuant to the provisions of this Act by the Board of Barber Examiners as hereinafter established.

(2) For any person, firm or corporation to operate a barber shop or barber school, unless it is at all times operated under the personal supervision and management of a registered barber.

17-18-102. WHAT CONSTTUTES BARBERING.

"Barbering" means any one or any combination of the following practices, when performed upon the head, face, and neck for cosmetic purposes and done for the public generally for pay, either directly or indirectly:

(1) Shaving or trimming the beard;

(2) Cutting hair;

(3) Giving facial and scalp massage or application of oils, creams, lotions, or other preparations, either by hand or mechanical appliances;

(4) Singeing, shampooing, or applying chemicals;

(5) Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to scalp, face, or neck. Provided, however, that such practices when done for the treatment of physical or mental ailments or diseases shall not constitute barbering.

17-18-103. EXEMPTIONS.

(a) The following persons, firms, or corporations are exempt from the provisions of subchapters 1, 2, and 3 of this chapter, while in the proper discharge of their professional duties:

(1) Persons licensed by the laws of this state to practice the healing arts;

(2) Commissioned medical or surgical officers of ; the United States Army, Navy, Marine Hospital Service, or United States Public Health Service;

(3) Persons licensed or registered by the Arkansas State Board of Nursing;

(4) Undertakers and morticians.

(b) Nothing contained in subchapters 1, 2, and 3 of this chapter shall be construed so as to conflict in any manner with the laws regulating the vocation of cosmetic therapy or beauty culture.

17-18-104. PENALTIES.

(a)

(b) Any person, firm, or corporation desiring to operate as a barber, barbershop, barber corporation, or barber school or college which fails to file an application for certificate or registration duly and legally issued by the State Board of Barber Examiners shall be deemed guilty of a misdemeanor, punishable upon conviction by a fine of not less than twenty-five ($25.00) dollars nor more than two hundred fifty ($250.00) dollars.

(c) The willful making of any false statement to a material matter in any oath or affidavit which is required by the provisions of the Barber Practice Act (17-18-101- 17-18-503, shall be perjury and punishable as such.

17-18-201. BOARD OF BARBER EXAMINERS - MEMBERS -APPOINIMENT - QUALEFICATIONS -REMOVAL - VACANCIES

(a) There is created a Board of Barber Examiners, consisting of the Secretary of the State Board of Health, who shall be an ex-officio member of the Board, and five (5) members to be appointed by the Governor, for a term of six (6) years.

(1) Three of the members so appointed shall be practicing barbers who have followed the occupation of barbering in this State for at least five (5) years immediately prior to his or her appointment.

(2) One member appointed by the Governor will be a public member to represent the consumer and one member appointed by the Governor to represent persons 65 years of age and beyond. The two members appointed under this paragraph shall not be actively engaged in or retired from the barbering profession. The two positions may not be held by the same person. Both shall be full voting members, but shall not participate in the grading of examinations.

(3) The five members shall be appointed in such manner that two of them shall reside in the geographical area north of Interstate 40, two shall reside in the geographical area south of Interstate 40 and one shall be appointed from the state at-large.

(4) The membership of the Secretary of the State Board of Health on the Barber Examiners shall in no way be affected by the provisions of & 25-17-211.

(b)

(1) Each member shall hold office until a successor is appointed and qualified.

(2) The Governor shall have the power to remove any member for gross incompetency, gross immorality, disability, for any abuse of his official power, or for other good cause and shall fill any vacancy thus occasioned by appointment within thirty (30) days after such vacancy occurs.

(3) Members appointed to fill vacancies caused by death, resignation, or removal shall serve only for the unexpired term of their predecessors.

(c) Each member of the Board shall receive fifty dollars ($50.00) for each day actually employed in the discharge of his official duties. Each member of the Board and the employees of the Board shall be entitled to reimbursement for reasonable and necessary expenses incurred and mileage traveled in the performance of their duties at the rates prescribed^ state travel regulations for other state employees.

17-18-202. ORGANIZATION OF BOARD

(a) The Board shall organize by electing a chairman from their own membership.

(b) A majority of the Board shall constitute a quorum and may perform and exercise all the duties and powers devolving upon it.

(c) The Board may be furnished suitable quarters for the conduct of its business and shall adopt and use a common seal for the authentication of its orders and records.

17-18-203. EXECUTIVE SECRETARY.

(a)

(1) The State Board of Barber Examiners is authorized to employ an executive secretary, who shall not be a member of the Board and who shall have the responsibility of keeping:

(A) A record of the Board's proceedings;

(B) A record of persons registered as barbers showing the name, place of business, and residence of each and the date and number of his/her certificate;

(C) A record of all certificates issued, refused, renewed, suspended, or revoked; and

(D) Such other records as may be directed by the Board or required by law.

(2) The records shall be open to public in-inspection at all reasonable times.

(b) The executive secretary shall perform such other functions and duties as may be prescribed by law or directed by the Board.

(c) The executive secretary shall receive such compensation for his services as may be prescribed by the Board within the limitations of the biennial appropriation therefor made by the General Assembly.

(d) The executive secretary shall be covered by the blanket bond program for state officers and employees. In case of cessation of coverage under that program, the executive secretary shall give a bond to the state, to be approved by the Governor and filed with the Auditor of State, in the sum of five thousand dollars ($5,000.00) conditioned for the faithful performance of the duties of his office.

17-18-204. PERS0NNEL.

The Board is authorized to employ such other personnel as it deems necessary to carry out the provisions of the Barber Practice Law within the limits as may be provided by biennial appropriation of the General Assembly. All employees shall work under the direct supervision of the Board.

17-18-205. MEETINGS.

The State Board of Barber Examiners shall hold a meeting in Little Rock, Arkansas, once every month, or at such other places where, in the discretion of the Board, there are a sufficient number of applicants to warrant holding an examination outside of Little Rock, AR, for the purpose of:

(1) Passing upon barbers' applications;

(2) Conducting an examination to determine applicants' ability to receive a license and shall issue or refuse to issue a license thereon. Such examination shall include a written and practical test, and shall embrace the subject(s) usually taught in schools of barbering approved by the Board.

Certificate of registered barbers shall be issued by the Board to any applicant who shall pass a satisfactory examination, making a grade of not less than 75% in all subjects upon which they are examined, and who shall possess the qualifications required herein.

(3) Transacting any other business which may properly come before it.

17-18-206. RULES AND REGULATIONS - INSPECTIONS.

(a) The board shall have authority to make and promulgate reasonable rules and regulations for the administration of the provisions of this Act and for the purpose of carrying out the intent hereof.

(b) It shall prescribe sanitary requirements for barber shops and barber schools, subject to the approval of the State Board of Health.

(c) Any member of the board or its inspectors shall have authority to enter upon and to inspect any barber shop or barber school at any time during business hours.

(d) A copy of the rules and regulations and sanitary requirements adopted by the board shall be furnished by the board to the owner or manager of each barber shop and barber school, and a copy shall be posted in a conspicuous place in the barber shop or barber school.

(e) The board may correct any conflicts contained herein by promulgation of rules and regulations subject to the approval of the Attorney General.

17-18-207. ANNUAL REPORTS.

(a) The board shall annually, on or before "". January 1, make a report to the Governor of all its official acts during the preceding year and of its receipts and disbursements and such recommendations as it may deem expedient.

(b) At the time of filing its annual report with the Governor, the board shall mail a copy of this report to each barber in the state licensed by the board.

17-18-208. FEES.

(a) The State Board of Barber Examiners shall charge and collect the following fees:

(1) For registration of a new or previously unregistered barber shop, fifty dollars ($50.00);

(2) For the annual renewal of each barber shop registration certificate, fifteen dollars ($15.00) plus five dollars $5.00) for each additional barber if there is more than one (1) barber in the barber shop;

(3) For restoration of an expired barber shop certificate, twenty dollars ($20.00) plus five dollars ($5.00) for each additional barber if there is more than one (1) barber in the barber shop;

(4) For the examination for a certificate to practice as a registered barber, fifty dollars ($50.00), and for the issuance of a certificate to practice as a registered barber, thirty-four dollars ($34.00);

(5) For annual renewal of the certificate to practice as a registered barber, and for its issuance, thirty-four dollars ($34.00);

(6) For restoration of an expired certificate to practice as a registered barber, forty-two dollars ($42.00);

(7) Reciprocity or endorsement fee, one hundred fifty dollars ($150.00);

(8) For annual renewal of barber technician in barber shop registration certificate thirty-five dollars ($35.00);

(9) For a student license fee for one (1) year of barber schooling, ten dollars ($10.00).

(b) A duplicate certificate will be issued upon the filing of a statement covering the loss of the original certificate, certified by the oath of the applicant, and by submitting one (1) signed photograph, and the payment of a fee of five dollars $$5.00) for the issuance of the duplicate certificate. Each duplicate certificate shall have the word "Duplicate" stamped across the face thereof and will bear the same number as the original certificate that it was issued in lieu of.

(c) Funds thus realized shall be expended for:

(1) The payment of the salary of the Executive Secretary of the State Board of Barber Examiners;

(2) The per diem salary of the members of the State Board of Barber Examiners and their necessary expenses incurred;

(3) Salary of registered barber inspectors, administrative secretary and stenographer;

(4) Retainer fees for attorneys;

(5) Publication of the Barber Law;

(6) Investigation of violations of the Barber -Law: and

(7) Such other purposes as may be directed by the board.

17-18-209. DISPOSITION OF FUNDS.

(a) All moneys received by the board under subchapters 1, 2, and 3 of this chapter shall be paid to the executive secretary who shall give a proper receipt for those moneys.

(b)

(1) By its chairman and executive secretary, the state board shall from time to time certify to the Auditor of State the necessary expenses incurred by the board, including the salaries and the per diem of the members.

(2) No order shall be drawn by the Auditor of State on any fund other than the above-named fund for any salaries or expenses of the board incident to the administration of subchapters 1, 2, and 3 of this chapter.

(c) All funds shall remain and be a separate and permanent fund for the maintenance of the,, board and the administration of subchapters 1, 2, and 3 of this chapter.

(d) All funds derived from civil penalties imposed by the board shall be deposited in one (1) or more depositories qualifying for the deposit of public funds. These funds shall be used by the board for administering the provisions of the Arkansas Barber Law.

17-18-301. CERTIFICATE REQUIRED.

(a) It shall be unlawful:

(1) To practice bartering in this state without a certificate of registration as a registered barber issued pursuant to the provisions of subchapters 1, 2, and 3 of this chapter by the Board of Barber Examiners as established in subchapter 2 of this chapter;

(2) To act or attempt to act as a barber without a certificate of registration as a registered barber duly issued by the Board of Barber Examiners;

(3) For any person, firm, or corporation to operate a barbershop unless it is at times operated under the personal supervision and management of a registered barber.

(b) It shall be the responsibility of all barber shop owners to assure that their employees have appropriate licenses.

17-18-302. QUALIFICATIONS OF APPLICANTS.

(a) Any person shall be qualified to receive a certificate of registration to practice as a registered barber who:

(1) Is qualified under the provisions of subchapters 1, 2, and 3 of this chapter;

(2) Is of good moral character and temperate habits;

(3) Has passed a satisfactory examination conducted by the board to determine his or her fitness to practice barbering and furnishes a diploma showing graduation from a grammar school or its equivalent as determined by an examination conducted by the board.

(4) Is at least sixteen and one-half (16 1/2) years of age and of good moral character and temperate habits; and

(5) Has graduated from a school of barbering approved by the Arkansas Barber Board; and

(6) Passes a satisfactory examination conducted by the board to determine his or her fitness to practice as a registered barber.

17-18-303. APPLICATION.

(a) Any person, firm, or corporation desiring to operate as a barber, barber shop, barber corporation, or barber school or college shall file an application for a certificate of registration on a form furnished by the board.

(b) Any person who desires to practice barbering in this state shall file, with the Executive Secretary of the Board of Barber Examiners, a written application, under oath, together with two (2) identical two inch by three inch (2" x 3") signed photographs and satisfactory proof that the applicant is of good moral character.

(c) Any person coming into this state who has been continuously engaged in the practice of barbering for a period of not less than eighteen (18) months in another state under an unrevoked or unexpired license issued by the proper authorities of the state may be issued a certificate of registration as a registered barber upon making the application as required by law and upon the payment of one hundred fifty dollars ($150.00) reciprocity fee. The reciprocity fee shall include the license fee until the beginning of the next renewal period.

17-18-304. EXAMINATIONS.

(a)

(1) An applicant for a certificate of registration to practice as a registered barber who fails to pass a satisfactory examination conducted by the board may apply for another examination at any future meeting of the board.

(b) The fee for each reexamination shall be the same as the fee for original examination.

(c) Any person enrolled as a student in any barber school in this state shall be given credit for all time spent therein.

(d) Examinations shall include both a practical demonstration and a written and oral test and shall embrace the subjects usually taught in schools of barbering approved by the board.

(e) Certificates of registered barbers shall be issued by the board to any applicant who shall pass a satisfactory examination making a grade of not less than seventy-five percent (75%) in all subjects upon which they are examined and who shall possess the qualifications required herein.

17-18-305. DISPLAY OF CERTIFICATES.

Every holder of a certificate of reqistration shall display it in a conspicuous place adjacent to or near his/her work chair.

17-18-307. RENEWAL - EXPIRATION - RESTORATION.

(a) Every registered barber who continues in active practice or service shall annually, on or before September 1, renew his or her certificate of registration by paying the required fee.

(b) Every certificate of registration which has not been renewed, as herein required, in any year shall expire on September 1 in that year.

(c)

(1) A registered barber whose certificate of registration has been expired for sixty (60) days or less may have his or her certificate restored immediately upon payment of the required restoration fee.

(2) Any registered barber who retires from the practice of barbering and fails to keep his registration certificate renewed for not more than three (3) years may renew his certificate of registration upon payment of the required restoration fee. If the time elapsed is more than three (3) years, he or she must take and pass the required examination and pay the examination fee as set forth in &17-18-208.

17-18-308. DENIAL, SUSPENSION, OR REVOCATION.

The board shall either refuse to issue or renew or shall suspend or revoke any certificate of registration for any one (1) or combination of the following causes:

(1) Conviction of a felony shown by-a certified copy of the record of the court of conviction;

(2) Malpractice or gross incompetency;

(3) Affliction of applicant or registered barber with an infectious or communicable disease;

(4) Advertising by means of knowingly false or-deceptive statements;

(5) Advertising, practicing, or attempting to practice under a trade name or name other than one's own;

(6) Habitual drunkenness or habitual addiction to the use of morphine* cocaine, or other habit-forming drugs;

(7) Immoral or unprofessional conduct;

(8) The violation of any of the sanitary regulations promulgated by either the Board of Barber Examiners or Department of Health for the regulation of barber shops and barber schools;

(9) Continuing employment in a barber shop wherein the sanitary regulations of the, Board of Barber Examiners or Department of Health promulgated for the regulation of barber shops or barber schools are known by the registered barber to be violated.

17-18-309. DENIAL, SUSPENSION, OR REVOCATION PROCEDURE.

(a) No action in refusing to issue or renew or in suspending or revoking a certificate of registration for any of these causes shall be taken until the accused has been furnished with a statement of the specific charges against him or her and notice of the time and place of hearing thereof.

(b) The statement of charges and notice must be served personally upon the person or mailed to his last known address at least twenty (20) days prior to the hearing.

(c) The accused may be present at the hearing or by counsel, or both.

(d) Upon the hearing of any such proceeding, the board may administer oaths and may procure, by its subpoena, the attendance of witnesses and the production of relevant books and papers.

(e) Any circuit court or any judge of a circuit court, either in term time or in vacation, upon application either of the accused or of the board or member thereof, may, by order duly entered, require the attendance of witnesses and the production of relevant books and papers before the board in any hearing relating to the refusal, suspension, or revocation of certificates of registration.

(f) If upon the hearing the board finds the charges are true, it may refuse to issue or renew a certificate of registration or may revoke or suspend the certificate if it has been issued.

(g) Any person aggrieved by the action of the board, as provided in this section, may appeal from the action to the Circuit Court of Pulaski County, Arkansas, and to the Supreme Court of the State of Arkansas as in other cases made and provided.

17-18-310. CIVIL FENALTY.

(a) Whenever the State Board of Barber Examiners, after a hearing conducted in accordance with the Arkansas Administrative Procedure Act, & 25-15-201 et seq., determines that a licensed barber has violated any provision of the Arkansas Barber Law or any regulation promulgated by the board pursuant to it, the board may impose a civil penalty on such licensed barber not to exceed two hundred fifty dollars. ($250.00).

(b)

(1) If a licensed barber against whom a civil penalty has been imposed by the board fails to pay such penalty, the board may file an action in the Circuit Court of Pulaski County to collect such civil penalty.

(2) If the board prevails in the action, the defendant shall be directed to pay, in addition to the civil penalty, reasonable attorneys' fees and costs incurred by the board in prosecuting the action.

(c) Any person aggrieved by the action of the board imposing civil penalties may appeal the decision in the manner and under the procedure prescribed in the Administrative Procedure Act for appeals from administrative decision.

(d) All funds derived from civil penalties imposed by the board shall be deposited in one or more depositories qualifying for the deposit of public funds, and such funds shall be used by the Board for administering the provisions of the Arkansas Barber Law.

SUBCHAPTER 4 - BARBER SCHOOLS

17-18-401. DFFINITION

As used in this subchapter, unless the context otherwise requires, "college" includes school of barbering, college of barbering, barber school, barber college, and any other place of institution of instruction training persons to engage in the practice of barbering.

17-18-402. ENFORCEMNT

The board may commence and maintain all proper and necessary proceedings in order to enforce compliance with any provisions of the laws, rules, or regulations pertaining to the practice of barbering and, in addition to other remedies, may enforce compliance by injunction.

17-18-403. APPLICATION FOR REGISTRATION - PUBLIC WELFARE CONSIDERATIONS.

(a) Every applicant for a certificate of registration to operate a new barber college shall offer proof sufficient to the board that the establishment of .a new barber college in a particular area will not be detrimental to the public welfare.

(b) In considering whether the establishment of a new barber college in a particular area will be detrimental to the public welfare, the board shall consider the need for barber college facilities, as the case may be, in the community where the proposed barber college is to be located, giving particular consideration to:

(1) The economic character of the community;

(2) The adequacy of existing barber shops and barber colleges in that community;

(3) The ability of the community to support the proposed barber college;

(4) The character of adjacent communities and the extent to which the establishment of the proposed barber college would draw patrons from such adjacent communities;

(5) The social and economic effect of the establishment of a barber college on the community where it is proposed to be located and on the adjacent communities.

17-18-404. APPLICATION FOR REGISTRATION - OONTENTS. An application for a license and approval as a registered school or college of barbering shall contain, under oath of the applicant or corporation;

(1) The full name of the applicant, person, association, or corporation;

(2) The exact location where the school or college is located or proposed to be located;

(3) whether or not the school or college is owned or leased and, if leased, the name and residence of the owner or, if a corporation, the directors and stockholders thereof;

(4) A detailed drawing of the premises where the instruction is to take place, including the size of the building, number of chairs available, sanitary facilities, name, number, and qualifications of the teachers on the staff, and proposed number of students;

(5) A statement, certified to by a public accountant licensed to practice in this state, of the assets and liabilities of the person or firm making the application;

(6) Evidence that a financial responsibility bond for faithful performance of duty has been secured;

(7) Evidence that a performance bond of ten thousand dollars ($10,000.00) guaranteeing the operation of the school or college for one (1) year has been secured.

17-18-405. LICENSING PREREQUISHES - MANAGERS AND TEACHERS.

(a) No school or college of barbering shall be approved by the board and no license shall be issued to operate or conduct any school or college of barbering until the following provisions are complied with:

(1) Management and faculty are registered barber teachers under this subchapter;

(2) The manager, person, or teacher in charge must have had at least three (3) years' experience as a registered barber before he may be put in charge of the school as manager;

(3) The teacher must be a high school graduate;

(4) The teacher shall have completed a postgraduate course of four hundred (400) hours in barber teacher theory in an approved school, which school shall regularly offer such a course;

(5) At least one (1) approved teacher is teaching therein at all times and in charge of each daily class in theoretical scientific study, scientific barbering practice,^ and general barbering practice at all times;

(6) One (1) teacher is provided for every twenty (20) students;

(7)

(A) Every teacher shall pay a teacher license fee of forty dollars ($40.00) per year;

(B) For restoration of an expired license to practice as a teacher, such teacher shall pay a fee of forty-eight dollars ($48.00);

(b) Subdivisions (4), (5), and (6) of & 17-18-804 shall not apply to any school or college of bartering which was engaged in the operation on conduct of any such school or college on June 16, 1961.

17-18-407. CURRICULUM.

(a) No school or college of barbering shall be approved by the board, and no license shall be issued to operate or conduct any school or college of barbering until the applicant demonstrates to the board that it is fully qualified to thoroughly educate instruct students in all subjects necessary and required to qualify them as competent barbers.

(b) No school of barbering shall be approved by the board unless it:

(1) Requires as a prerequisite to admission thereto graduation from an eighth grade school or possession of an equivalent education to be determined by an examination conducted by the State Board of Barber Examiners;

(2) Requires as a prerequisite to graduation a course of instruction and practice of not less than five hundred and fifty (550) hours for licensed cosmetologists, and for all other students not less than one thousand five hundred (1,500) hours of continuous study and practice of not more than eight (8) hours in any one (1) day, five (5) days a week, within a period of not less than nine (9) months from date of enrollment .

The course of instruction shall include the following subjects: scientific fundamentals for barbering, physiology, hygiene, elementary chemistry relating to sterilization and antiseptics, massaging and manipulating the muscles of the face, neck, and scalp, hair cutting, bobbing, waving, shaving, beard trimming, and chemical services,

(c) Each barber college shall:

(1) Conduct a course of study and training which shall consist of not less than five hundred and fifty (550) hours for students who are licensed cosmetologists, and as to all other students not less than one thousand five hundred (1,500) clock hours. The average daily schedule of each student shall consist of the following:

(A) One and one-fourth (1%) clock hours of theoretical study in a classroom;

(B) One and one-fourth (1%) clock hours of scientific barber practice in a classroom other than general clinic; and

(C) Five (5) clock hours of general barber practice. Each barber college shall average five and one-half (5½) haircuts or shaves per day per student.

(2) Teach no less than one-third (1/3) of its total enrollment scientific barbering practice, theory, or general barber practice at one (1) time;

(3) Submit a daily schedule of its course of study to the board for its approval and post a copy of the approved schedule in its general clinic where it can be easily read by all students;

(4) Require a maximum attendance in all subjects. No student shall be permitted to spend more than eight (8) hours in the college in any one (1) day.

17-18-408. FACILTTY - EQUTPMENT.

(a) No school or college of barbering shall be approved by the board, and no license shall be issued to operate or conduct any school or college of barbering, until one (1) chair is available for each student; the chairs shall be five feet (5') from center to center.

(b) Each barber college shall have within the premises in which it is located adequate space to accommodate all facilities required by the board. Each barber chair in each college shall be of such construction that it may readily be cleaned, and at shall be mechanically workable and in good working order. Space between barber chairs and space between barber chairs and the .work stand or wall shall be adequate so that no student will be hampered in the performance of his work. After the adoption of these rules compliance with the requirements of this subsection shall be subject to the determination of the board and its approval.

(c) Square foot requirements for a barber school or college shall be determined by the board.

(d) The classroom shall be equipped with sufficient seating capacity for all students attending the classroom and shall have the following equipment:

(1) One (1) lavatory with hot and cold running water for every two (2) barber chairs to be approved for scientific practice classes;

(2) One (1) blackboard not less than six feet by three and one-half feet (6' x 3½') in size;

(3) One (1) chart of the skin and hair;

(4) One (1) chart of the muscles of the head, face and neck;

(5) One (1) chart of the nerves of the head, face and neck;

(6) One (1) chart of the bones of the head and face;

(7) One (1) chart of the blood supplied to the head and face;

(8) One (1) standard dictionary;

(9) One (1) medical dictionary;

(10) One (1) microscope for the study of bacteria,

(e) The floor of the practical training room shall be covered with tile or any type of first-grade linoleum and shall have available the following equipment and facilities:

(1) A minimum of fifteen (15) barber chairs in modern and new condition;

(2) One (1) lavatory for each two (2) chairs;

(3) One (1) closed cabinet for tools and linens for each chair;

(4) One (1) approved soiled towel container with hinged lid or door for each chair;

(5) One (1) sterilization solution container for each chair adequate in size to accommodate all instruments to be used on each patron;

(6) One (1) ultraviolet lamp for every twenty (20) students or a fraction thereof;

(7) One (1) infrared generator for every twenty (20) students or a fraction thereof;

(8) One (1) high frequency unit for every twenty (20) students or a fraction thereof;

(9) One (1) mechanical hand vibrator for every ten (10) students or a fraction thereof;

(10) One (1) hair dryer;

(11) One (1) time clock.

(f) Each barber college shall have adequate ventilating and lighting equipment approved by the board.

(g) Each barber college having both men and women in its enrollment shall provide one (1) toilet for men and one (1) toilet for women.

17-18-409. FEES.

The board may revoke or suspend any certificate of school license or registration upon finding that such school or college fails to comply with the provisions of this subchapter or with the rules and regulations prescribed by the board.

17-18-421. APPLICATION FOR ENROLIMENT.

(a) No school of barbering shall enroll or admit any student thereto unless the student shall make and file, in duplicate, a duly verified application. This application shall be of such form and contain such matters as the board may prescribed and shall be obtained by the student or the school from the board.

(b) One (1) copy of such application shall be retained by the school enrolling or admitting the student, and one (1) copy shall be filed by the school with the board.

17-18-421. APPLICANTS FOR ADMISSION OR EXAMINATION- OUALIJFICATION.

Every applicant for entrance as a student in a barber college or for admittance to examination to receive a certificate of registration as a registered barber shall have a diploma showing completion of the eighth grade or a certification of equivalency issued by the State Board of Barber Examiners in this or any other state or country from which the applicant is applying.

17-18-422. APPLICATION FOR EXAMINATION. Each applicant for an examination shall:

(1) Make application to the board at least ten (10) days prior to examination date, on blank forms prepared and furnished by the board, the application to contain proof under the applicant's oath of the particular qualifications of the applicant;

(2) Furnish to the board two (2) signed photographs of the applicant, size two inches by three inches (2" x 3") one (1) to accompany the application and one (1) to be returned to applicant to be presented to the board when the applicant appears for examination;

(3) Pay the required fee to the board as provided by law.

17-18-423. SANITARY RULES AND REGULATIONS.

Each barber college shall furnish each student upon enrollment a copy of the rules and regulations governing sanitary conditions of barber shops of this state as registered with the Secretary of State.

17-18-424. INSPECTION OF STUDENT WORK.

Each-barber college shall require that a patron shall not be released from a chair after being served by a student until all the work performed by the student has been thoroughly inspected and approved by a teacher.

17-18-501. BARBER TECHNICIANS - SOOPE OF EMPLOYMENT.

A certified barber technician may be employed in a licensed barber shop and may assist the barber in shampooing and sterilizing so long as the shampooing and sterilizing is done and performed under the direct personal supervision of a licensed barber. The barber technician shall not be permitted to cut or style hair or otherwise engage in the practice of barbering.

17-18-503. CERTLFICATE AUTHORIZING BARBER SHOP TO EMPLOY BARBER TECHNICIAN.

Upon application of a licensed barber shop, and upon receipt of the application fee of thirty-five dollars ($35-00), the board shall issue a certificate authorizing the licensed barber shop to employ not more than two (2) persons as barber technicians. Persons so employed must have completed the eighth grade of school and be registered with the board.

BOARD RULING 2-15-67 - TEACHING OF HAIR STYLING

(1) All demonstration programs and hair styling classes shall be approved by the State Barber Board.

(2) All demonstrators shall be approved by the board before they can conduct demonstrations or seminars.

(3) An outline of advanced barber training courses shall be registered with the State Board. Advanced training courses held in Barber Schools or Barber Shops shall be conducted separate and apart from regular student classes. Advanced classes shall not be open to the general public. Registered barbers shall not be considered to be students.

(4) Demonstrators shall be certified and hold a valid license to practice barbering in their respective states.

BOARD RULING 9-9-68- No shop will be permitted in any dwelling.

BOARD RULING 4-26-76 - OPERATION OF BARBER SCHOOL OK SHOP:

(1) No person, form, or corporation may operate a barber school, barber college, or barber shop without filing application for a certificate of registration.

(2) After an application is filed, each new school, college or barber shop shall be inspected and approved prior to public opening.

(3) No barber school, barber college, or barber shop will be approved on any premise, or in any building or part of a building unless a physical barrier is established, separating said barber school, barber college, or barber shop from all other businesses, occupations or establishments conducted on the same premise, or in the same building or part thereof. All walls separating barber schools, barber colleges, or barber shops from other businesses, occupations, or establishment must be of solid construction, and a minimum of seven feet high.

BOARD RULING 7-10-89 - BARBER SCBOOI /COLLEGE INSTRUCTOR

become an instructor in a barber school or barber college, a barber must be a high school graduate and will have to be licensed one (1) year and have worked in a barber shop before he/she can enroll as a student instructor. After completing 400 hours of instructor training in a barber school or barber college, he/she will take a written test and a practical test which will be a demonstration to the board on a subject assigned by the board from the textbook on haircutting, permanent waving, hair color, hairstyling, or chemical processing. The demonstration should be short and to the point so that it can be understood by the students.

(1/1/1990)

The following state regulations pages link to this page.