Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule is being amended to comply with section
600.9 of the Code of Federal Regulations.
(1) To operate a barber or cosmetology school
in Missouri, including a postsecondary or secondary barber or cosmetology
school, an applicant shall submit an application and applicable fee to the
board at least sixty (60) days prior to the anticipated opening date of that
facility. Applications to open a school shall be made on the forms provided by
the board and may be obtained by writing the board at PO Box 1062, Jefferson
City, MO 65102. The telephone number is (573) 751-0805 or (866) 762-9432, and
the TDD number is (800) 735-2966.
(A) As used
in these regulations (and in application forms issued by the board), the term
"postsecondary" shall mean an institution or school that has certified in its
application to the board that it will only enroll individuals who meet one (1)
of the following qualifications:
1) hold a
high school diploma;
2) hold a
general education development (GED) certification;
3) have completed a home schooling program
which meets the requirements of the state in which it occurred and contains at
least twelve (12) high school credits; or
4) have provided acceptable proof of a prior
enrollment, commencing at any date prior to July 1, 2012, in a Title IV
eligible academic program at a Title IV eligible postsecondary institution.
With respect to an institution, "Title IV eligible" shall have the meaning
given in
34 CFR
600.2 as that regulation existed at the time
of such prior enrollment, and, with respect to an academic program, "Title IV
eligible" shall have the meaning given in
34 CFR
668.8 as that regulation existed at the time
of such prior enrollment the status of being postsecondary is optional, and an
applicant may apply to operate a barber or cosmetology school in Missouri
without such status.
(B)
As used in these regulations (and in application forms issued by the board),
the term "secondary" shall mean an institution or school that has certified on
its application to the board that it is a public vocational-technical
school.
(2) General
Application Requirements. The board shall not consider any application to open
a school unless it is fully completed, including supporting documents which
must be attached to the application, with the applicable fee. The application
shall be on a form approved by the board and shall contain the following
information:
(A) Name and address of the
owner(s) or lessor(s) and lessee(s) where appropriate;
(B) The school's complete mailing
address;
(C) A copy of the proposed
facility's floor plan, giving approximate dimensions and square
footage;
(D) A list of the proposed
equipment and training supplies by quantity and type for which barber school
applicants shall include the minimum equipment and supplies required by
20 CSR
2085-12.020(2)(C) or, for cosmetology
school applicants, shall include the minimum equipment and supplies required by
20 CSR
2085-12.040(2);
(E) A list detailing all implements and
equipment that will be included in student kits;
(F) A list of the proposed school
rules;
(G) The requisite
fee;
(H) A brief description of the
course curriculum, including the number of clock hours, credit hours, or
similar units of measure, whichever is applicable, to be assigned to each
subject area;
(I) A sample lesson
plan for each course in the curriculum, which must include those courses
required by Chapters 328 and/or 329, RSMo, and the rules of the board, for the
school license requested;
(J) The
maximum enrollment allowed for the facility based on square footage;
(K) A copy of the student contract which
shall comply with the following:
1. Student
contracts submitted and used by barber school applicants must include a notice
to the student that no less than one thousand (1,000) hours of training in a
licensed school is required for that student to sit for the state barber
examination;
2. Student contracts
submitted and used by cosmetology school applicants must include a notice to
the student that no less than one thousand five hundred (1,500) hours of
training in a licensed school or no less than one thousand two hundred twenty
(1,220) hours of training in a licensed public vocational-technical school are
required for cosmetology, and no less than four hundred (400) hours of training
in any licensed school are required for manicuring and no less than seven
hundred fifty (750) hours training in any licensed school are required for
estheticians for that student to be eligible to sit for the board examination;
and
3. A copy of the school's
student enrollment form or application, which, for a postsecondary school,
shall require the student applicant to indicate whether he/she holds a high
school diploma; holds a general education development (GED) certification; has
completed a home schooling program meeting the requirements of the state in
which it occurred and has provided to the board a written notarized statement
from his/her principal instructor demonstrating completion of at least twelve
(12) high school credits; or has provided to the cosmetology school proof of a
prior enrollment, commencing at any date prior to July 1, 2012, at a Title IV
eligible postsecondary institution in a Title IV eligible academic
program;
(L) The name
and address of each licensed instructor to be employed:
1. Any barber school having only one (1)
instructor per fifteen (15) students shall state in their application the name
and address of a substitute instructor who will be available; and
2. Any cosmetology school having only one (1)
instructor per twenty-five (25) students shall state in their application the
name and address of a substitute instructor who will be available;
and
(M) Two (2) or more
letters of reference for the applicants.
(3) Application Approval. Upon receipt of a
properly completed application, the board, within a reasonable time, will
arrange an appointment at the next regularly scheduled meeting of the board to
discuss the proposed school provided, however, the application is received by
the board no less than fourteen (14) days before the next meeting. If the
application is received less than fourteen (14) days before the next meeting,
then an appointment will be scheduled at the following meeting to discuss the
proposed school. If the applicant has applied for the optional status of
postsecondary institution, and has met the requirements of section (2) of
20
CSR 2085-12.010, and if the board decides to grant an
initial or renewal license, the license shall designate the school as being
authorized to operate as a post-secondary school of cosmetology and/or
barbering. If the applicant has applied for the optional status of secondary
institution, and has met the requirements of section (2) of
20
CSR 2085-12.010, and if the board decides to grant an
initial or renewal license, the license shall designate the school as being
authorized to operate as a secondary school of cosmetology and/or
barbering.
(4) Barber School Floor
Plans. The floor plan submitted with an application for licen-sure as a barber
school shall include the following:
(A) A
reception area;
(B) A classroom for
theory instruction with a reference library;
(C) A work station for each student for
practical instruction which shall include a backbar, dust-tight cabinet or
drawers, mirror not less than thirty inches (30") in diameter, and barber chair
with headrest. Barber chairs shall be mechanically sound with a non-porous
covering in good condition. Chairs shall be placed at least five feet (5')
apart, and each chair shall occupy not less than thirty-five (35) square feet
of floor space. There shall be electrical outlets between every two (2)
chairs;
(D) Two (2) or more
restrooms that separately accommodate male and female students including sink
with hot and cold running water, soap (liquid or powder), and paper
towels;
(E) A dispensary for the
preparation, mixing, storage, and disposal of supplies and chemicals used for
disinfecting barbering implements;
(F) Manager(s) office;
(G) A student break room;
(H) A janitor's closet for cleaning supplies;
and
(I) A shampoo bowl equipped
with hot and cold running water plus chair for each student scheduled for
practical instruction up to six (6) shampoo bowls.
(5) License Changes. Each license for a
school issued by the board shall be valid only for the premises named and
located at the address provided in the initial school license application. If
at any time during the license period, the physical plant or operation of a
school is moved to a new address, if ownership is transferred, or if
substantial interest fifty-one percent (51%) or more of a partnership or
corporation is altered in a way as to affect the registered ownership, then the
license for the school shall become void. It shall be the responsibility of the
holder of the license of the school to notify the board of any changes.
(A) Change of Location. If the physical plant
or operation of a school is to be moved to a new address, it shall be the
responsibility of the school owner(s) to submit an application to open a school
at a different location and the applicable fee to the board and meet all the
requirements to obtain a license to operate the school prior to reopening at
the new location.
1. The school owner shall
submit a change of location application which shall include:
A. The name and address of the owner(s) or
lessor(s) and lessee(s) where appropriate;
B. The school's complete mailing
address;
C. A copy of the proposed
facility's floor plan, giving approximate dimensions and square
footage;
D. A list of the proposed
equipment and training supplies by quantity and type which for barber school
applicants shall include the minimum equipment and supplies required by
20 CSR
2085-12.020(2)(C) or, for cosmetology
school applicants, shall include the minimum equipment and supplies required by
20 CSR
2085-12.040(2);
E. A list detailing all implements and
equipment that will be included in student kits;
F. A list of the proposed school
rules;
G. The requisite
fee;
H. The maximum enrollment
allowed for the facility based on square footage;
I. A copy of the student contract which shall
comply with the applicable requirements of
20
CSR 2085-12.010(2)(K); and
J. The name and address of each licensed
instructor to be employed, including the name and address of any substitute
instructor as required by
20
CSR 2085-12.010(2)(L).
2. Final approval of a school by
the board, based on a change of location, will be made upon final inspection of
the establishment.
(B)
Change of Ownership. It shall be the responsibility of the new owner(s) to
submit an application to open a school and the applicable fee to the board and
to meet all requirements to obtain a license to operate a school.
1. If there is to be a change in a
substantial interest of a partnership or corporation which affects the
registered ownership, the owner(s) shall make application in accordance with
the rules of the board.
2. If there
is to be a change in a minority interest of a partnership or corporation which
does not affect the registered ownership, it shall be the responsibility of the
hold-er(s) of the school license to submit a sworn affidavit to the board as
notification of the change and to supply a full listing of
partners/shareholders and ownership percentages of each.
3. Adding a co-owner. It shall be the
responsibility of the co-owners to submit an application to open a school and
the applicable fee to the board to obtain a license to operate a
school.
4. Deleting a co-owner. It
shall be the responsibility of the co-owners to immediately notify the board of
any ownership change. The written notice shall serve as documentation of the
change and a new application and fee shall not be required.
(C) Name Change of School.
Notwithstanding any other rule promulgated by the board, the owners of the
school shall notify the board immediately in writing of a change in a school
name. The name change may be made on the renewal application for the school.
Alternatively, the name change may be made during the license period if the
owner(s) submit a change of name request on a form supplied by the board along
with the school's license and the duplicate license fee. No school shall use
any name prior to complying with the rules of the board for changing a school
name and submitting all applicable fees.
(D) Termination of Operations. Any school
voluntarily terminating its operation shall inform the board in writing prior
to the anticipated closing date and in addition, properly terminate its
students as set forth in section (9) of this rule, return all unused materials
supplied by the board and supply the board with an address and telephone number
where an authorized representative of the school can be contacted for
additional information after the closing of the school.
(6) Inspections.
(A) A member, representative, or inspector of
the board shall inspect the school prior to annual renewal and the school shall
be in compliance with all applicable Missouri laws and rules of this
board.
(B) Each school licensed in
Missouri must be open to the members, representatives, or inspectors of the
board for inspection at all times during normal working hours or at reasonable
times as requested by the board. Every school licensed by the board shall have
a complete student kit and a set of all textbooks available for inspectors to
view at the time of inspection.
(7) Renewals.
(A) Each holder of a valid, current license
to operate a school in Missouri shall, on or before the renewal date, submit an
application for renewal of the school license and shall accompany it with the
biennial renewal fee and shall provide the following information:
1. Name and address of the owner(s) or
lessor(s) and lessee(s) where appropriate;
2. The school's complete mailing
address;
3. A list detailing all
implements and equipment that will be included in student kits;
4. The requisite fee;
5. The maximum enrollment allowed for the
facility based on square footage; and
6. The name and address of each licensed
instructor to be employed; provided, any school having less than the minimum
number of instructors as required by the rules of the board for the school to
be licensed shall also state the name and address of a substitute instructor
who will be available.
(B) The holder(s) of a school license which
has not been renewed by the date shall be required to submit a late fee in
addition to the biennial renewal fee in order to reinstate the license. The
holder(s) of a school license failing to reinstate the license within fourteen
(14) days following the board's mailing by certified mail of notice to the
holder(s) shall be subject to disciplinary action, shall terminate all students
enrolled in the school as set forth in subsection (9)(C) of this rule and may
reapply for a school license in accordance with the provisions of section (2)
of this rule.
(8)
Satellite Classrooms.
(A) Purpose. Satellite
classrooms may only be used for teaching purposes. Students are prohibited from
providing services to or demonstrations on the public in a satellite
classroom.
(B) Eligibility. Any
licensed school may apply for the addition of a satellite classroom.
(C) Location. Satellite classrooms must be
located within a one (1) mile radius of the existing school.
(D) Equipment and Floor Space.
1. Satellite classrooms shall be equipped
with at least one (1) restroom for student use.
2. Satellite classrooms shall be equipped
with a sufficient number of tables and chairs to accommodate the number of
students in attendance in each class.
3. Schools shall post a sign on the outside
of each entrance into a satellite classroom, which reads, "Satellite Classroom
for Students and Licensed Instructors Only."
4. Satellite classrooms shall have a minimum
of five hundred (500) square feet for classroom instruction for up to twenty
(20) students. For each additional student, satellite classrooms must have at
least an additional fifty (50) square feet. Schools may not include the square
footage of the satellite classroom to meet the minimum square footage
requirements for the school licensed.
(E) In addition to the instructor
requirements for the school licensed, there must be at least one (1) licensed
instructor present in the satellite classroom anytime students are
present.
(F) Inspection. Satellite
classrooms are subject to inspection in the same manner as the existing school.
Schools are required to post the satellite classroom license in plain view
within the satellite classroom at all times.
(G) Application for Licensure. If a satellite
classroom is to be added, it shall be the responsibility of the holder(s) of
the school license prior to opening the satellite classroom to submit an
application for the addition of a satellite classroom on a form supplied by the
board accompanied by a floor plan of the satellite classroom giving dimensions
and square footage, and the satellite classroom application fee; have the
satellite classroom inspected and approved by the board; and have received the
satellite classroom license from the board.
(9) Enrollment and Termination of Students.
(A) Students must be seventeen (17) years of
age by the time application is made for the state examination.
(B) It shall be the responsibility of the
holder of the license to operate a school to submit student enrollment forms to
the board at least two (2) weeks prior to the anticipated commencement of a
student's studies. The application shall be on a form approved by the board, be
properly completed and accompanied by the appropriate fee(s). No student shall
receive any credit for training received at a school until the application is
received and approved by the board and the student license is returned to the
school. The student license shall be conspicuously displayed with a two inch
square (2" x 2") photograph taken within the last five (5) years and is not
transferable.
(C) Terminations. All
persons holding a license to operate a school shall be responsible for
submitting properly completed termination forms for all students who terminate
their training. School license holders are responsible for obtaining
termination forms from the board.
1.
Termination forms must be submitted within two (2) weeks of the date of
student's termination. The date of a student's termination is either:
1) The date the student
affirmatively indicates to the school his/her intent to terminate training; or
2) The last day of any two
(2)-week period during which the student failed to attend a single class.
However, a school shall not terminate a student for up to six (6) weeks if the
student notifies the school in writing of his/her leave of absence and the
student's anticipated date of return. If the student does not return on the
anticipated date of return, the school shall automatically terminate the
student on that date.
(D) Transfer of Students. Any student
desiring to change schools shall contact the school in which he/she is
currently enrolled and request termination. The school shall terminate the
student as required by
20
CSR 2085-12.010(9)(C) within two (2)
weeks of the student's request to be terminated.
(E) No student shall be permitted to remove
his/her training kit from the school while in training.
(F) Definition of Training Hours.
1. For purposes of cosmetology schools and
students, "training hours" is defined as the number of clock or credit hours of
instruction and training a student obtained and for which the school maintained
a record of those hours for instruction and training.
2. For purposes of barber schools and
students, "training hours" is defined as the number of clock hours of
instruction and training a student obtained and for which the school maintained
a record of those hours for instruction and training.
(10) Instructors. Every holder of
a license to operate a school shall be responsible for providing continuous and
adequate supervision of the school's students by licensed instructors at all
times during regular school hours.
(A) It
shall be the responsibility of the holder of a license to operate a school to
ensure that each licensed instructor teaching in that school submits to the
board a proposed lesson plan for each course that they teach. The lesson plan
must be approved by the board prior to the course being taught.
(B) Any school which has only one (1) regular
instructor employed and present during regular school hours shall submit proof
to the board that a substitute Missouri licensed instructor will be available
to that school to assume continuous and uninterrupted instruction. Satisfactory
proof shall be demonstrated by submitting an affidavit to the board, a contract
of agreement, or other evidence found to be adequate and trustworthy, that
verifies that a licensed Missouri substitute instructor will be
available.
(C) To insure the
adequate preparation of its students, every school shall allow its instructors
to perform only bona fide demonstrations on members of the general public. A
bona fide demonstration is one performed for the instruction of students where
one (1) or more students actually observe or participate in the work being
performed by the instructor for no monetary compensation for the specific
service(s) demonstrated.
(D)
Instructor licenses shall be conspicuously displayed with a two inch square (2"
x 2") photograph taken within the last five (5) years.
(E) Instructor trainees shall not be counted
as licensed instructors for purposes of meeting the minimum instructor
requirements of the board for the applicable school and under no circumstances
shall an instructor trainee be left solely in charge of any school.
(11) External Training and
Coursework.
(A) No portion of a student's
minimum training requirements may be obtained in course work or demonstrations
outside the school of his/her enrollment unless a specific request for such a
program of instruction is submitted to the board office by the school on a form
supplied by the board and approval is given prior to the requested program. The
request for a program of instruction shall include: the place, date and time of
the activity, the objective of the activity, the person/organization conducting
the activity, the number of students to attend the activity, and the names of
the instructor(s) to supervise the activity.
(B) The executive director of the board may
approve up to three (3) valid field trip requests, after which time further
requests will be considered by the board at its regularly scheduled board
meeting. Requests received less than fourteen (14) days prior to the next
meeting shall be placed on the agenda for the following meeting.
(C) The required ratio of instructor
supervision shall be maintained and student attendance at the activity
verified. Credit shall not be given for time in transit to and from the
activity.
(12) Minimum
Standards for Accountability.
(A) School
emphasis shall be placed on student training exclusively.
(B) Every school shall maintain an annual
overall pass/fail rate of seventy percent (70%) for both written and practical
portions of the licensure examination for each classification of the profession
taught. If a school's pass/fail rate falls below seventy percent (70%) in a
calendar year, the school will have thirty (30) days from the date of
notification to submit a plan of action to the board. The pass/fail rate in
question will be for first time candidates only. The pass/fail rate must
increase by five percent (5%) the first year, then must meet or exceed that
standard for the next two (2) years, or the school license shall be subject to
discipline.
(C) Student records
shall be made available or shall be electronically stored so that the records
may be immediately accessed and produced on the premises of the licensed school
in the state of Missouri upon request by the board or its representative. For
purposes of this rule, records shall be retained for a period of five (5) years
and shall include, but are not limited to:
1.
Timesheets;
2. Enrollment
forms;
3. Student
applications;
4. Termination
forms;
5. Attendance
records;
6. State law
tests;
7. Proof of
grades;
8. Proof of
attendance;
9. Student payment
records; and
10. Student
contracts.
(D) The
school shall include in its catalog and on its website information on how
students may present complaints to the board, including the mailing address,
telephone number, and website of the board.
(13) Advertising. Signs shall be displayed in
all schools stating that all work is done by students. Schools advertising
prices for services must state that all work is done by students and the
lettering of the advertisement stating that work is performed by students must
be as large as the lettering used to denote the advertised prices.
(14) All services rendered to the general
public in a school shall be performed by students. An instructor shall not
operate a chair or serve customers in a school. All work performed by the
student on a customer shall be inspected and approved by an instructor before
the customer exits the school. Students shall not exit from classroom
instruction or practical or written examinations to perform barbering or
cosmetology services on customers.
(15) Physical Premises. The building and
quarters that the school occupies shall be clean, well painted, well
ventilated, and adequately lighted with sufficient room.
(A) There shall be no smoking in
instructional areas of the school.
(B) All implements and school equipment,
including furniture and fixtures, shall be kept in good working order and
repair.
(16) Failure of
any school to comply with any applicable rule of the board shall be considered
grounds for suspension or revocation of a license to operate a
school.
(17) As used in the rules
of the board, the term "school" shall also include a college of cosmetology or
barber instruction.
*Original authority: 328.090, RSMo 1939, amended 1947,
1949, 1951, 1981, 2005; 328.120, RSMo 1939, amended 1947, 1951, 1959, 1981,
1993, 1995, 2005; 329.025, RSMo 2005, amended 2008; and 329.040, RSMo 1939,
amended 1945, 1959, 1979, 1981, 1987, 1989, 1995, 1997,
2001.