Current through Register Vol. 49, No. 9, September, 2024
ARKANSAS BARBER LAMS
ARKANSAS STATUTES
17-18-101 -- 17-18-503)
17-18-101.
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 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 CONSTITUTE
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 in
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.
DEFINITION
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.
ENFORCEMENT
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 - CONTENTS. 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 PREREQUISITES -
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
(51/2) 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.
FACILITY - EQUIPMENT.
(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 31/2')
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- QUALIFICATION.
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 - SCOPE 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.
CERTIFICATE
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 SCHOOI /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.