Current through Register Vol. 49, No. 9, September, 2024
ARKANSAS RULES FOR BARBERING INCLUDING SAFETY AND
SANITATION
RULE 1:
ESTABLISHMENTS
A.
WALLS,
CEILINGS AND FLOORS: The walls, ceilings, and floors in every barber
shop, barber school, or post-secondary barber school shall be kept clean and in
good repair. Floors shall be constructed of smooth, non-absorbent, durable
material and shall be maintained in good repair. These requirements shall
include the proper cleaning of floors, shelves, cabinets, chairs, trays and
other equipment. Concrete blocks used for interior wall construction shall be
finished, filled and sealed. All of the above mentioned items shall be free of
leak spots, mildew, peeling paint and shall be easily cleaned.
B.
LIGHTING AND VENTILATION:
Barber establishments shall have permanently fixed artificial light sources
installed to provide sufficient light on the working area or clinical area.
Establishments must have sufficient ventilation installed and operated
according to state and local requirements to keep them free of excessive heat,
steam, condensation, vapors, obnoxious odors, smoke and harmful
fumes.
C.
WATER
SUPPLY: A safe and adequate supply of continuous hot and cold running
water must be provided. Where a public water system is available a connection
must be made thereto; otherwise the water must be obtained from a supply
meeting the requirements set forth in the Arkansas Department of Health Rules
pertaining to semi-public water supplies.
D.
RESTROOMS: Restrooms must be
kept clean, adequately lighted, properly ventilated and in good repair. No
toilet facility shall be used for storage, especially of implements or supplies
for services performed on the public.
RULE 2:
DEFINITIONS:
A.
DISINFECT: Destruction of
bacterial, viral and fungal pathogens (not spores) through the use of proper
process and chemical disinfectants intended for use in the barbershop
setting.
B.
DISINFECANT: EPA registered disinfectant that is bactericidal, virucidal
and fungicidal
C.
STERILIZE: Destruction of all microbial life through proper use of an
autoclave
D.
SANITATION: Measures necessary for improving and protecting health and
well-being of the people.
E.
CLEANING : Mechanical process of removing surface debris from
implements to prepare them for disinfection. This process can be done with
soap/water or a chemical cleaner.
RULE 3:
INSTRUMENTS AND
SUPPLIES: All used porous supplies or instruments which cannot be
disinfected shall be disposed of in a waste receptacle immediately after use.
A.
ELECTRICAL INSTRUMENTS AND
EQUIPMENT:
(1) Before use upon a
client, all electrical instruments shall be cleaned and then disinfected with
an EPA registered disinfecting solution (spray or wipe) that is labeled as
bactericidal, (capable of destroying bacteria) virucidal, (capable of
destroying viruses) and fungicidal, (capable of destroying fungi).
Disinfectants must be used according to manufacturer labels to be safe and
effective. All non-porous instruments that have been used on a client or soiled
in any manner shall be placed in a properly labeled ("dirty") receptacle that
contains only dirty items awaiting disinfection. Disinfected instruments and
equipment shall be placed on a hook or on a clean towel and covered by a clean
towel.
(2) Electrical equipment
shall be functioning in accordance with the manufacturer's specifications.
Equipment that is not operable or functioning in accordance with the
manufacturer's specifications shall be repaired or discarded.
B.
NON-ELECTRICAL
INSTRUMENTS AND EQUIPMENT:
(1) Before
use upon a client, all non-electrical instruments such as razors, shears,
tweezers, combs, clipper blades, and all other instruments or appliances that
come in contact with the patron must be thoroughly cleaned and then disinfected
with an EPA registered disinfecting solution (spray or wipe) that is labeled as
bactericidal, (capable of destroying bacteria) virucidal, (capable of
destroying viruses) and fungicidal, (capable of destroying fungi).
Disinfectants must be used according to manufacture labels to be safe and
effective. All disinfectable instruments that have been used on a client or
soiled in any manner shall be placed in a properly labeled receptacle that
contains only dirty items awaiting disinfection. Disinfected items should be
stored in a clean covered container that is labeled as "clean" or "ready for
use".
(2) Non-Electrical equipment
shall be functioning in accordance with the manufacturer's specifications.
Equipment that is not operable or functioning in accordance with the
manufacturer's specifications shall be repaired or discarded.
(3) The use of powder puffs, finger bowls,
sponges, styptic pencils and alum is positively prohibited.
RULE 4:
CONDUCT
AND SANITATION: All barber shops and barber schools shall have in use at
all times at each chair, a hospital-grade, and EPA approved broad-spectrum
disinfectant, similar to Barbicide. The wet container must be adequate in size
to accommodate all instruments to be used on each patron. It shall contain a
disinfecting solution as defined by the board which shall be bacteriologically
effective and must have an oil disinfectant for clipper blades. Dry cabinets
must be dust tight and all tools or instruments must be kept in said cabinet or
hanging at all times when not in use.
B.
TOWELS: A separate clean towel and/or sanitary neck strip shall be
used to keep the protective covering from coming in direct contact with a
client's neck. All barber shops and barber schools shall have sufficient closed
towel cabinets for storage of clean towels and closed receptacles for soiled
towels. After a towel has once been used, it shall be deposited in a closed
receptacle and not permitted to be left on lavatory or work stand and shall not
be used until properly laundered. The headrest of each chair shall be provided
with a clean towel or clean paper for each patron using the chair.
C.
COMUNICABLE DISEASE: No
person affected with any disease in a communicable state shall serve the
patrons in any barber shop or barber school. In addition, no barber shall serve
a client with known communicable disease, or skin that is open, blistered or
otherwise disrupted in an area where a service will be performed. For purposes
of this rule, HIV/AIDS are not considered communicable diseases.
D.
CLEANLINESS OF PERSONNEL: The
operator shall wear clean uniforms or clean clothes at all times. The operator
shall cleanse his hands thoroughly with soap and water or an equally effective
alcohol based hand sanitizer before attending each patron or after visiting the
restroom.
E.
OBJECTIONABLE
ESTABLISHMENTS: No sleeping area shall be permitted in any barber
establishment nor shall any part of it be so used. Connecting doors shall be
solid and self-closing. No animals or reptiles are to be allowed on the
premises, with the exception of medical assistance animals.
F.
MEDICAL TREATMENT: No barber
shall undertake to treat any disease of the skin or any lesions of the skin
whatsoever, such as pimples, boils, warts, moles, and similar conditions, but
must refer such conditions to a licensed physician.
RULE 5:
MISCELLANEOUS:
A. No student in any school is authorized to
barber in any barber shop for pay or without pay.
B. 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 establishments must be of solid
construction, and a minimum of seven feet high.
C. Salons licensed by the Arkansas Board of
Health, Cosmetology Section are exempt from the requirements that a wall
separate the two (2) businesses.
D.
The Board will charge $15.00 for a Barber or Shop List.
E. The last inspection report for the
barbershop shall be displayed in a conspicuous place adjacent to the current
shop and personal barber license which shall have a current picture
attached.
F. In accordance with
17-20-206(c),
inspection will include appropriate personal identification of those working in
any barber establishment.
RULE
6:
BARBER SCHOOL/COLLEGE TEACHER MANAGER INSTRUCTOR
(TMI):
To ensure that operators of barber colleges have sufficient
time to make careful study and examination in selecting their TMI'S, said
operators are authorized by the Board upon request to substitute a licensed
Barber, in good standing with the Board, to exercise the duties and functions
of a regular TMI until a licensed TMI can be hired.
RULE 7:
DIRECTOR AND
INVESTIGATOR/INSPECTOR REQUIREMENTS:
A
. No person shall be employed in the position of Director unless
that person has been:
1. primarily employed
in the active practice of barbering for at least five years, or
2. employed as Investigator/Inspector for the
Board for at least two years, immediately prior to assuming the position of
Director.
B. No person
shall be employed in the position of Investigator/ Inspector for the Board
unless that person has been primarily engaged in the active practice of
barbering for at least two years immediately prior to assuming the position of
Investigator/Inspector.
RULE
8:
BARBER COLLEGE/BARBER SCHOOL CURRICULUM:
A. The following 1500 hour curriculum will be
required for a Barber:
|
Hygiene and
Sanitation.............................................................................................................................
|
80 Hours
|
|
Related Sciences (elementary chemistry, physiology,
anatomy of head, face and neck).. .................
|
175 Hours
|
|
Shaving and beard trimming
...................................................................................................
..................
|
50 Hours
|
|
Barber Chemical
Services.........................................................................................................................
|
345 Hours
|
|
Barber Shop
Management.........................................................................................................................
|
65 Hours
|
|
Salesmanship & Product Knowledge
........................................................................................................
|
50 Hours
|
|
Hair styling and waving
........................................................
....................................................................
|
300 Hours
|
|
Haircutting and
bobbing............................................................................................................................
|
425 Hours
|
|
Shop
Deportment..................................
|
10 Hours
|
B. The
following 550 hour minimum curriculum will be required for the Cosmetology
Crossover Program:
|
History of Barbering:
..................................
|
10 Hours
|
|
Implements and
Tools....................................
|
30 Hours
|
|
Shaving..................................
................ ..
|
70 Hours
|
|
Haircutting: ...................................
|
405 Hours
|
|
Arkansas Barber Laws:
..............................
|
15 Hours
|
|
Hygiene and
Sanitation.............................
|
20 Hours
|
C. The
curriculum for students enrolled in a Teacher Manager Instructor (TMI) course
shall consist of six hundred (600) clock hours of training, both technical
(instructions by demonstration, lecture, classroom participation, or
examination) and practical (the actual performance by the TMI trainee of
teaching techniques and principles). The text book to be used is Milady's
Master Educator.
|
Required preparatory
training.............................
|
50 hours
|
|
Teaching of theory and practical operation. Selecting
subject matter for class lecture.
Preparing class lectures. Conducting a review of all
subjects taught.
Preparing and grading examinations. Demonstrating
practical operations. Teaching practical operations |
|
Class attendance..................................
.....
|
100 hours
|
|
To be conducted by a licensed TMI to prepare TMI
trainee to properly lecture and demonstrate on all subjects of
barbering |
|
Conducting Theory Classes in all aspects of
barbering...................
|
50 hours
|
|
Classes to be conducted under the supervision of a
licensed TMI. |
|
Conducting Practical Classes in Haircutting, Shaving,
Massage, Chemical Services .....
|
300 hours
|
|
Method of Keeping Student
Records...........................
|
10 hours
|
|
TMI's Discretion.................................
|
90 hours
|
|
Training in subjects in which the individual may be
deficient. |
RULE
9:
LICENSURE OF MEMBERS OF THE ARMED FORCES IN GOOD STANDING
AND THEIR SPOUSES:
A. Any member of
the Armed Forces of the United States now or hereafter on active duty who, at
the time of becoming such a member, was in good standing with the Board of
Barber Examiners and was entitled to practice or engage in his or her
profession shall be kept in good standing by the board, without registering,
paying dues or fees, or performing any other act on his or her part to be
performed, as long as he or she is a member of the Armed Forces of the United
States on active duty.
B. The board
will also exempt the spouse of a member of the Armed Forces of the United
States from licensure renewal provisions, but only in cases of his or her
absence from the state because of his or her spouse's duties with the Armed
Forces.
C. The board may issue a
professional license to the spouse of an active duty member of the Armed Forces
of the United States if the spouse applies in the format prescribed by the
board. An application must include proof that:
1. The applicant is married to a member of
the Armed Forces of the United States who is on active duty.
2. The applicant holds a valid license for
the profession issued by another state, the District of Columbia, any
possession or territory of the United States, or any foreign
jurisdiction.
3. The applicant's
spouse is assigned to a duty station in this state and that the applicant is
also assigned to a duty station in this state pursuant to the member's official
active duty military orders.
D. An application must be accompanied by the
fee prescribed by the board.
RULE
10:
AUTOMATIC LICENSURE RETURNING MILITARY VETERAN
A. As used in this subsection, "returning
military veteran" means a former member of the United States Armed Forces who
was discharged from active duty under circumstances other than
dishonorable.
B. The Board shall
grant automatic licensure to an individual who holds a substantially equivalent
license in another U.S. jurisdiction and is:
1. An active duty military service member
stationed in the State of Arkansas;
2. A returning military veteran applying for
licensure within one (1) year of his or her discharge from active duty;
or
3. The spouse of a person under
B (1) or (2) above.
C.
The Board shall grant such automatic licensure upon receipt of all the below:
4. Payment of the initial licensure
fee;
5. Evidence that the
individual holds a substantially equivalent license in another state;
and
6. Evidence that the applicant
is a qualified applicant under Section B.
RULE 11:
LICENSURE OF DISPLACED BARBERS
DUE TO EMPLOYMENT OR DISASTER:
A. Any
barber who was in good standing with the Board of Barber Examiners in another
state, the District of Columbia, any possession or territory of the United
States, or any foreign jurisdiction and was entitled to practice or engage in
his or her profession or their spouse, shall be allowed an expedited licensure
procedure due to employment opportunities or disaster.
B. An application must be accompanied by the
fee prescribed by the board.
RULE
12:
RECIPROCITY UNDER ACTS 426/1011
Note: This Rule does not apply to those individuals
seeking reciprocity who are trained in a foreign country pursuant to Ark. Code
Ann. §
17-20-303(e).
A. Required Qualifications. An
applicant applying for reciprocal licensure shall meet the following
requirements:
1. The applicant shall hold a
substantially similar license in another United States' jurisdiction.
a. A license from another state is
substantially similar to an Arkansas barber license if the other state's
licensure qualifications require:
i. The
applicant be at least 16 1/2 years of age
ii. Have an educational requirement of at
least the 8th grade
iii. Have had their barber training in a state approved school of
barbering
b. The applicant
shall hold his or her occupational licensure in good standing and have the
continuing education or training that is required to maintain
licensure.
c. The applicant shall
not have had a license revoked for:
i. An act
of bad faith; or
ii. A violation
of law, rule, or ethics;
d. The applicant shall not hold a suspended
or probationary license (apprentice) in a United States'
jurisdiction;
2. The
applicant shall be sufficiently competent in the field of barbering
and
3. If the currently licensed
barber had less than 1500 hours of training, the barber must have been
practicing at least one (1) year in a barber shop
B. Required documentation. An applicant shall
submit a fully-executed application, the required fee, and the documentation
described below.
1. As evidence that the
applicant's license from another jurisdiction is substantially similar to
Arkansas's, the applicant shall submit the following information:
a. Evidence of current and active licensure
in that state. The Board may verify this information online if the jurisdiction
at issue provides primary source verification on its website or by telephone to
the other state's licensing board; and
b. Evidence that the other state's licensure
requirements match those listed in A.1.a. The Board may verify this information
online or by telephone to the other state's licensing board.
2. To demonstrate that the
applicant meets the requirement in A.1.b. through d., the applicant shall
provide the board with:
a. The names of all
states in which the applicant is currently licensed or has been previously
licensed;
b. Letters of good
standing or other information from each state in which the applicant is
currently or has ever been licensed showing that the applicant has not had his
license revoked for the reasons listed in A.1.c. and does not hold a license on
suspended or probationary status as described in A.1.d. The Board may verify
this information online if the jurisdiction at issue provides primary source
verification on its website or by telephone to the other state's licensing
board.
c. As evidence that the
applicant is sufficiently competent in the field of barbering an applicant
shall submit a "certification of record" from the board under which the
applicant is licensed.
RULE 13:
TEMPORARY AND PROVISIONAL
LICENSE
A. The Board shall issue a
temporary and provisional license immediately upon receipt of the application,
the required fee, and the documentation required under Reciprocity section
B.
B. The temporary and provisional
license shall be effective until the Board makes a decision on the application,
unless the Board determines that the applicant does not meet the requirements
in Reciprocity section A, in which case the temporary and provisional license
shall be immediately revoked.
C. An
applicant may provide the rest of the documentation required above in order to
receive a license, or the applicant may only provide the information necessary
for the issuance of a temporary and provisional license.
RULE 14:
LICENSE FOR A PERSON FROM A
STATE (COUNTRY) THAT DOES NOT LICENSE BARBERS.
A. Required Qualifications. An applicant from
a state (country) that does not license barbers shall be sufficiently competent
in the field of barbering and:
1 Pass with a
minimum score of 75% on a practical and written examination.
2 Be at least 16 1/2 years of
age
3 Meet an educational
requirement of at least the 8th grade
4 Have a minimum of 1500 hours of training or
have worked in a barbershop for at least one (1) year after training in a
documented facility.
B.
Required documentation. An applicant shall submit a fully-executed application,
the required fee, and a "certification of record" to insure minimum training
from the facility attended.
RULE 15:
PRE-LICENSURE CRIMINAL BACKGROUND CHECK:
A. Pursuant to Act 990 of 2019, an individual
may petition for a pre-licensure determination of whether the individual's
criminal record will disqualify the individual from licensure and whether a
waiver may be obtained.
1. The individual must
obtain the pre-licensure criminal background check petition form from the
Board.
2. The Board will respond
with a decision in writing to a completed petition within a reasonable
time.
3. The Board's response will
state the reason(s) for the decision.
4. All decisions of the Board in response to
the petition will be determined by the information provided by the
individual.
5. Any decision made by
the Board in response to a pre-licensure criminal background check petition is
not subject to appeal.
6. The Board
will retain a copy of the petition and response and it will be reviewed during
the formal application process.
B. Waiver Request
: If an
individual has been convicted of an offense listed in A.C.A. §
17-2-102(a),
except those permanently disqualifying offenses found in subsection (e), the
Board may waive disqualification of a potential applicant or revocation of a
license based on the conviction if a request for a waiver is made by:
1. An affected applicant for a license;
or
2. An individual holding a
license subject to revocation.
C. The Board may grant a waiver upon
consideration of the following without limitation:
1. The age at which the offense was
committed;
2. The circumstances
surrounding the offense;
3. The
length of time since the offense was committed;
4. Subsequent work history since the offense
was committed;
5. Employment
references since the offense was committed;
6. Character references since the offense was
committed;
7. Relevance of the
offense to the occupational license; and
8. Other evidence demonstrating that
licensure of the applicant does not pose a threat to the health or safety of
the public.
D. A request
for a waiver, if made by an applicant, must be in writing and accompany the
completed application and fees.
E.
The Board will respond with a decision in writing and will state the reasons
for the decision.
F. An appeal of a
determination under this section will be subject to the Administrative
Procedures Act §
25-15-201
et
seq
