Arkansas Administrative Code
Agency 023 - Board of Barber Examiners
Rule 023.00.79-001 - Rules and Regulations

71-501. Practice of barbering regulated - Certificates of registration - Schools or shops under supervision of registered barber. - On and after the passage and effective date of this act [March 25, 1937], it shall he unlawful:

71-502. What constitutes barbering - Exceptions. - 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, shall constitute the practice of barbering:

Shaving or trimming the beard.

Cutting hair.

Giving facial and scalp massage or application of oils, creams, lotions or other preparations, either by hand or mechanical appliances.

Singeing, shampooing or dying [dyeing] the hair or applying" hair tonic.

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.

71-503. Barber schools - Approval of board - Course of instruction - Requisites to admissions. Any person, firm or corporation desiring to conduct or operate a Barber School or College in this State shall first obtain from the Board of Barber Examiners written approval. No school of barbering shall be approved by the Board unless it requires as a prerequisite to graduation a course of instruction of not less than 1500 (fifteen hundred) hours to be completed within a period of not less than nine (9) months of continuous instruction of not more than eight (8) hours in any one [1] working day and unless said school or college requires, as a prerequisite to the admission thereto, applicant to furnish a diploma showing graduation from a grammar school or its equivalent as determined by an examination conducted by the Board; such course of instruction to include the following subjects: history of the hair, skin, muscles and nerves; structure of the hand, face and neck; elementary chemistry relating to sterilization and antiseptics; diseases of the skin, hair and glands; massaging and manipulation of the muscles; and cutting, shaving, arranging, coloring, bleaching and tinting of the hair.

71-504. Qualifications for registration as apprentice - Supervised practice. - Any person shall be qualified to receive a certificate of registration as a registered apprentice:

71-505. Qualifications for registration as barber - Reexamination. - Any person shall be qualified to receive a certificate of registration to practice as a registered barber:

71-506. Meetings of board of examiners - Examinations - Issuance or refusal of license. - The State Board of Barber Examiners, herein provided for, shall hold a meeting in the City of 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 the City of Little Rock, Arkansas from and after the effective date of this act [§§ 71-501-71 -522], for the purpose of passing upon barbers' applications and apprentices' applications, and for the purpose of conducting an examination to determine applicants' ability to receive a license and shall issue or refuse to issue a license thereon, and shall transact any other business which may properly come before it.

Such examinations shall include both a practical demonstration and a written and oral test, and shall embrace the subject[s] usually taught in schools of barbering approved by the Board.

Certificate of registered barbers or of registered apprentices 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.

71-507. Application to be filed with secretary of examining board - Form and contents. - Any person who desires to practice barbering, or to practice as an apprentice barber, shall file with the Secretary of the Board of Barber Examiners a written application, under oath, on a form prescribed by the Board, together with two [2] identical two (2) inch by three (3) inch signed photographs, and satisfactory proof that applicant is of good moral character, and shall also furnish the Board with a certificate from a physician, who holds a license issued by any of the Medical Boards as defined by Act 148 of the General Assembly of Arkansas of 1935 (Title 72, Sections 201 to 205, Arkansas Statutes), or a physician of the state of applicant's residence, showing that the applicant is free from any contagious disease, which shall include tubercular and Wassermann tests, which certificate shall not be dated more than ten (10) days prior to date of examination and registration.

71-508. Nonresident - Admission to examination. - Any person recently come into this State that has been continuously engaged in the practice of barbering for a period of not less than three [3] years in another state under an unrevoked or unexpired license issued by the proper authorities of such state may be admitted to the examination as conducted by this board, upon the making of application as required by law and the payment of the required fee.

71-509. Display of certificate in public place. - Every holder of a certificate of registration shall display it in a conspicuous place adjacent to or near his work chair.

71-510. Fees charged by state board of examiners - Issuance of duplicate certificates - Expenditure of funds. - The State Board of Barber Examiners shall charge and collect the following fees:

For registration of a new or previously unregistered barber shop, thirty-five dollars ($35.00).

For the annual renewal of each barber shop registration certificate, fifteen dollars ($15.00).

For the examination of an applicant for a certificate to practice as a registered barber, twenty-five dollars ($25.00), and for the issuance of a certificate to practice as a registered barber, thirteen dollars ($13.00).

For annual renewal of the certificate to practice as a registered barber, thirteen dollars ($13.00).

For restoration of an expired certificate to practice as a registered barber, seventeen dollars ($17.00).

For the examination of an applicant for a certificate to practice as an apprentice barber, seventeen dollars ($17.00), and for the issuance of a certificate to practice as an apprentice barber, sixteen dollars ($16.00).

For annual renewal of the certificate to practice as an apprentice barber, thirteen dollars ($13.00).

For restoration of an unexpired apprentice's certificate, seventeen dollars ($17,00).

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 two dollars ($2.00) for the issuance of same. 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.

71-511. Annual renewal of certificate of registration - Expiration date - Restoration of certificate. - Every registered barber and every registered apprentice who continues in active practice or service, shall annually, on or before the first day of September, renew his or her certificate or registration by paying the required fee and furnishing health certificate as required in Title Seventy-One (71), Section 507 of the Arkansas Statutes. Every certificate of registration which has not been renewed, as herein required, in any year, shall expire on the first day of September in that year. A registered barber or registered apprentice whose certificate of registration has expired for not to exceed sixty (60) days, may have his or her certificate restored immediately upon payment of the required restoration fee, and upon furnishing a health certificate as required in Title Seventy-One (71), Section 507 of the Arkansas Statutes. Any registered barber or registered apprentice 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 and upon furnishing proper health certificate as required in Title Seventy-One (71), Section 507 of the Arkansas Statutes. Provided; 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 Title Seventy-One (71), Section 510 of the Arkansas Statutes.

71-512. Refusal to issue or renew certificate - Suspension or revocation - Causes. - The Board shall either refuse to issue or renew or shall suspend or revoke any certificate of registration for any one or combination of the following causes:

71-513. Accused to be furnished statement of charges - Oaths - Witnesses, books and papers - Appeals. - 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, and notice of the time and place of hearing thereof. The accused may be present at the hearing in person or by counsel or both. The statement of charges and notice must be served personally upon such person, or mailed to his last known address at least twenty (20) days prior to the hearing. If upon such hearing the Board finds the charges are true, it may refuse to issue or renew a certificate of registration, or may revoke or suspend such certificate if the same has been issued.

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.

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.

Any person aggrieved by the action of such Board, as provided in this section, may appeal from such 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.

71-514. Application for operation of shop or school - Penalties. - Any person, firm or corporation desiring to operate as a barber, barber shop, barber corporation, or barber school or college, shall file an application on a form furnished by the Board for a certificate of registration. Those failing to file application for certificate of registration shall be deemed guilty of a misdemeanor. Any person, firm or corporation which shall operate as a barber, barber shop, barber corporation, or barber school, or college without a certificate of 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 one hundred ($1.00.00) dollars.

71-515. Board of barber examiners - Members - Appointment - Qualifications - Removal - Vacancies. - There is hereby created a Board of Barber Examiners, consisting of the Secretary of the State Board of Health, who shall be an ex-officio member of said Board, and three [3] members to be appointed by the Governor, one [1] member to be chosen from a city of the first class, one [1] member to be chosen from a city of the second class, and one [1] member to be chosen from an incorporated town, which board shall be known as the 'State Board of Barber Examiners." Provided, that the membership of the Secretary of the State Board of Health on said Board of Barber Examiners shall in no way be affected by the provisions of Act 66 [§ 6-603] of 1961. Each member of the Board so appointed by the Governor shall be a practical barber who has followed the occupation of barber in this State for at least five (5) years immediately prior to his or her appointment. The members of the Board shall select a Chairman from its own membership.

Thirty (30) days after the effective date of this act (March 25, 1937), the members of the first Board shall be appointed, one [1] for a term of two (2) years, one [1] for a term of four (4) years, and one [1] for a term of six (6) years. Thereafter, one (1) member of said Board shall be appointed every two (2) years for a term of six (6) years, and shall hold office until his successor is appointed and qualified.

The Governor shall have the power to remove any member of said Board for gross incompetency, gross immorality, or 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. Members appointed to fill vacancies caused by death, resignation or removal, shall serve only for the unexpired term of their predecessors.

71-516. Organization of board - Quarters and seal - Records - Annual report. - The Board shall organize by electing a president, vice-president, and secretary from its members.

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

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.

The Secretary of the Board shall keep a record of its proceedings, a register of persons registered as barbers and apprentices showing the name, place of business and residence of each and the date and number of his or her certificate, and a record of all certificates issued, refused, renewed, suspended or revoked. Its records shall be open to public inspection at all reasonable times.

The Board shall annually, on or before the first day of January 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.

71-517. Corporate surety bonds of state and county officers and employees. - (A) Hereafter, all State officers and employees, officers and employees of State boards and commissions, county officials and employees, municipal officials and employees and all other officers and employees of any political subdivision of this State (including officers and employees of any board or commission) who are required by law to furnish such bond and who receive and disburse cash funds from bank accounts shall obtain a surety bond from a corporate surety authorized to do business in this State in the minimum amounts to be computed as follows: on the first $100,000 or any part thereof of receipts of such office, ten percent (10%) of such amount; on the next $200,000 or any part thereof of receipts of such office, seven and one half percent (7½ %) of such amount; on the next $200,000 or any part thereof of receipts of such office, five percent (5%) of such amount; on the next $500,000 or any part thereof of such amount, two and one half percent (2½%); and on all amounts in excess of $1,000,000, one percent (1%). Such amounts shall be based on the total cash receipts of such office for the preceding calendar or fiscal year, but in no event shall the penal amount of any such bond be less than the amount as above computed. Such bonds shall be conditioned that the officer or employee shall faithfully perform the duties of his office or employment, and properly account for all cash funds received and disbursed by him as such officer or employee.

71-518. State board of barber examiners fund - Moneys constituting - Payments from - Warrants. Title Superseded by Section 46 of Act 311, Arkansas Acts of 1945 - The fees of the Barber Examiner's -Board. .. shall hereafter be deposited in banks to be used by said board in the manner provided for by law, similar to the accounts of other examining and licensing boards of the State, and shall be audited , under rules and regulations to be prescribed by the State Comptroller.

71-519. Compensation of secretary and board members - Employees of board. - The Secretary of the State Board of Barber Examiners shall receive such compensation as may be determined by the other members of the Board, not to exceed the maximum compensation prescribed for the position by biennial appropriation of the General Assembly.

Each member of the Board shall receive twenty-five dollars ($25.00) for each day actually employed in the discharge of his official duties and 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 in State travel regulations for other State employees. The Board is hereby-authorized to employ such personnel as it deems necessary to carry out the provisions of the Barber Practice Law [§§ 71 -501- 71 -537] 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.

71-520. Board to make rules and regulations- Inspections- Copies of rules posted. - The Board shall have authority to make and promulgate reasonable rules and regulations for the administration of the provisions of this act [§§ 71 -501- 71-522] and for the purpose of carrying out the intent hereof. It shall prescribe sanitary requirements for barber shops and barber schools, subject to the approval of the State Board of Health. 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. 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 such copy shall be posted in a conspicuous place in such barber shop or barber school; provided, the Board may correct any conflicts contained herein by promulgation of rules and regulations, subject to the approval of the Attorney General.

71-521. Exemption from provisions of act. - The following persons, firms or corporations are exempt from the provisions of the Barber Practice Act [§§ 71-501- 71-552], while in the proper discharge of their professional duties.

71-523. Educational qualifications of student barbers- Barber school and college manager's certificate.-

71-524. "College" defined. - As used in this act [§§ 71-523- 71-535], the word "college" includes school of barbering, college of barbering, barber school, barber college, and any other place or institution of instruction training persons to engage in the practice of barbering.

71-525. License required for barber school or college- Qualifications- Application- Contents. - No school or college of barbering shall be approved by the Board, and no license shall be issued to operate or conduct any such high school or college of barbering unless and until it shall be demonstrated to the Board that the applicant is fully qualified to thoroughly educate and instruct students in all subjects necessary and required to qualify them as competent barbers. An application for a license and approval as a registered school or college of barbering shall contain, under oath of the applicant or proper officer of a corporation or association, the following:

71-526. Application for certificate of registration to operate barber college - Proof required not detrimental to public welfare.- 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.

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 or additional barber college facilities, as the case may be, in the community where the proposed barber college is to be located, giving particular consideration to:

71-527. Provisions required for license of barber school or college - Exemptions. - No school or college of barbering shall be approved by the Board, and no license shall be issued to operate or conduct any such school or college of barbering, unless and until the following provisions are complied with:

71-528. Revocation or suspension of certificate.- 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 Act [§§ 71-523- 71-535] or with the rules and regulations Prescribed by the Board.

The Board may commence and maintain all proper and necessary actions and proceedings including injunctions for the enforcement of the provisions of this Act.

71-529. Application for examination.- Each applicant for an examination shall:

71-530. Prerequisites of approved barber schools. - No school of barbering shall be approved by the Board unless its management and faculty are registered barber teachers under this law, and requires as a prerequisite to admission thereto, graduation from an 8th grade school or possesses an equivalent education to be determined by an examination conducted by the State Board of Barber Examiners, and requires as a prerequisite to graduation a course of instruction and practice of not less than 1,500 hours of continuous study and practice of not more than eight (8) hours in any one day, five (5) days a week, within a period of not less than nine (9) months from date of enrollment, such course of instruction to 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 dyeing the hair.

71-531. Enrollment requirements. - No school of barbering shall enroll or admit any student thereto unless such student shall make and file, in duplicate, a duly verified application, which application shall be of such form and contain such matters as the Board may prescribe and shall be obtained by such student or the school from said Board. One [1] copy of such application shall be retained by the school enrolling or admitting the student, and the other copy shall be filed by such school with said Board.

71-532. Fees. -The following fees shall apply to barber schools or colleges:

71-533. Barber school or college equipment requirements. -

71-534. Curriculum- Hours of classes.- Each barber college shall meet the requirements for admission of students, for curriculum, and for graduation of students as set forth herein.

Each barber college shall conduct a course of study and training which shall consist of not less than 1,500 clock hours. The average daily schedule of each student shall consist of the following:

71-535. Compliance by injunction.- The State Board of Barber Examiners, when it appears necessary in its opinion to enforce compliance of any provisions of the laws, rules or regulations pertaining to the practice of barbering, may, in addition to other remedies, enforce compliance by injunction.

71-536. Employment of barber technicians authorized. - A certified Barber Technician may be employed in a licensed Barber Shop and may assist the barber in shampooing and sterilizing so long as such shampooing and sterilizing is done and performed under the direct personal supervision of a licensed barber. Such Barber's Technician shall not be permitted to cut or style hair or otherwise engage in the practice of barbering.

71-537. Certification of barber technicians- Requirements.- The State Board of Barber Examiners shall issue certifications to Barber Technicians provided such person has completed the 12th grade of school, completed at least twenty (20) full working days study at an approved school of barbering which study shall include subjects designated by the State Board of Barber Examiners, shall have completed not less than twenty (20) hours study of sterilization of tools and of the barber laws of the State of Arkansas and, in addition, shall satisfactorily pass an examination prepared by and conducted by the State Board of Barber Examiners to determine the applicant's fitness and ability to practice as a Barber Technician, or the State Board of Barber Examiners shall issue certifications to Barber Technicians provided such person has completed the twelfth grade of school, completed a sixty (60) day apprenticeship program, under the instruction of a licensed barber and designed by the State Board of Barber Examiners, which- shall include a thorough study of sterilization of tools and of the barber laws of the State of Arkansas and, in addition shall satisfactorily pass an examination prepared by and conducted by the State Board of Barber Examiners to determine the applicant's fitness and ability to practice as a Barber Technician. Provided, that, any person participating in the aforementioned apprenticeship program shall be allowed to take the examination prepared by the State Board of Barber Examiners only upon certification by the instructing barber that such person has completed the course as designed by the State Board of Barber Examiners.

BOARD RULING 2-15-67 - Teaching of Hair Styling