S*269 Session 112 (1997-1998)
S*0269(Rat #0194, Act #0137 of 1997) General Bill, By Setzler and Moore
Similar(H 3466)
A BILL TO AMEND CHAPTER 7, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE REGULATION AND LICENSURE OF BARBERS, SO AS TO
CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED BY
THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND
OCCUPATIONAL BOARDS AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF
BARBERS.
01/29/97 Senate Introduced and read first time SJ-9
01/29/97 Senate Referred to Committee on Labor, Commerce and
Industry SJ-9
03/05/97 Senate Committee report: Majority favorable, minority
unfavorable Labor, Commerce and Industry SJ-12
03/12/97 Senate Minority report withdrawn SJ-32
03/12/97 Senate Read second time SJ-32
03/12/97 Senate Unanimous consent for third reading on next
legislative day SJ-32
03/13/97 Senate Read third time and sent to House SJ-16
03/18/97 House Introduced and read first time HJ-7
03/18/97 House Referred to Committee on Labor, Commerce and
Industry HJ-7
05/01/97 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-5
05/07/97 House Amended HJ-71
05/07/97 House Read second time HJ-72
05/08/97 House Read third time and returned to Senate with
amendments HJ-17
05/21/97 Senate House amendment amended SJ-7
05/21/97 Senate Returned to House with amendments SJ-7
05/28/97 House Non-concurrence in Senate amendment HJ-47
05/29/97 Senate Senate insists upon amendment and conference
committee appointed Sens. Setzler, Moore,
Alexander SJ-13
06/03/97 House Conference committee appointed Reps. Chellis, Law
& G. Brown HJ-53
06/05/97 Senate Free conference powers granted SJ-163
06/05/97 Senate Free conference committee appointed Sens. Moore,
Alexander, Setzler SJ-163
06/05/97 Senate Free conference report received and adopted SJ-16
06/05/97 House Free conference powers granted HJ-33
06/05/97 House Free conference committee appointed Reps.
Chellis, Law & G. Brown HJ-34
06/05/97 House Free conference report received and adopted HJ-35
06/05/97 House Ordered enrolled for ratification HJ-62
06/09/97 Ratified R 194
06/13/97 Signed By Governor
06/13/97 Effective date 07/01/97
07/09/97 Copies available
07/09/97 Act No. 137
(A137, R194, S269)
AN ACT TO AMEND CHAPTER 7, TITLE 40, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
REGULATION AND LICENSURE OF BARBERS, SO AS TO
CONFORM THIS CHAPTER TO THE STATUTORY
ORGANIZATIONAL FRAMEWORK ESTABLISHED BY THE
DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR
PROFESSIONAL AND OCCUPATIONAL BOARDS AND TO
FURTHER PROVIDE FOR THE LICENSURE AND REGULATION
OF BARBERS.
Be it enacted by the General Assembly of the State of South Carolina:
Practice act revised
SECTION 1. Chapter 7, Title 40 of the 1976 Code is amended to read:
"CHAPTER 7
Barbers and Barbering
Section 40-7-5. Unless otherwise provided for in this chapter, Article
1, Chapter 1 applies to barbers; however, if there is a conflict between this
chapter and Article 1, Chapter 1, the provisions of this chapter control.
Section 40-7-10. The State Board of Barber Examiners is established
and consists of five members appointed by the Governor with the advice
and consent of the Senate for terms of four years and until successors are
appointed and qualify. Four members must be licensed barbers who have
been engaged in the practice of barbering for at least five years in this
State, and of these members at least two must be licensed as master
haircare specialists. One member must be a member from the general
public not connected with the practice of barbering. Nominations for the
member from the general public may be submitted to the Nominations
Committee by an individual, group, or association. The Nominations
Committee shall give consideration to these nominations, and the
appointment of this member must be made in accordance with Section
40-1-45. The member from the general public has all the rights and
privileges of the other board members except the lay member may not
participate in the examination of an applicant for a license. The Governor
may remove a member in accordance with Section 1-3-240 and shall
appoint a member to fill the unexpired portion of the term. A majority
vote is required to exercise any function of the board.
Section 40-7-20. Any one or a combination of these practices, when
done for pay, constitutes the practice of barbering within the purview of
this chapter:
(1) shaving or trimming a beard, cutting the hair, or hairstyling;
(2) giving facial or scalp massages or treatments with oils, creams,
lotions, or other preparations, either by hand or mechanical appliances;
(3) singeing, shampooing, or dyeing the hair or applying hair tonics
or chemicals to wave, relax, straighten, or bleach the hair;
(4) applying cosmetic preparations, antiseptics, powders, oils, clays,
and lotions to the scalp, neck, or face;
(5) cutting, shaping, fitting, styling, and servicing of men's hair pieces,
toupees, and wigs.
Section 40-7-30. No person may engage in the practice of barbering
unless the person is licensed in accordance with this chapter.
Section 40-7-50. (A) The Department of Labor, Licensing and
Regulation shall provide all administrative, fiscal, investigative,
inspectional, clerical, secretarial, and license renewal operations and
activities of the board in accordance with Section 41-1-50.
(B) The board shall establish in regulation fees for:
(1) examination, licensure, renewal, and reinstatement fees for
student barbers, barber assistants, barber apprentices, registered barbers,
master haircare specialists, barber instructors, and any other category of
barber authorized by this chapter;
(2) the inspection, registration, renewal, and registration
reinstatement of barbershops and barber schools and colleges.
The board may prorate the annual license fee as provided for in
regulation. All licenses and registration must be renewed as of June
thirtieth of each year. All fees must accompany applications, license
renewals, license reinstatements, and barbershop inspections, registration,
and renewals.
Section 40-7-60. The board may adopt rules governing its
proceedings as provided for in Section 40-1-60 and shall adopt a seal for
the authentication of its orders and records. The board may promulgate
regulations necessary to carry out the provisions of this chapter including,
but not limited to, regulations for the sanitary management of barbershops
and barber schools which must be approved by the Department of Health
and Environmental Control and which must be furnished by the board to
the owner or manager of each barbershop or barber school in the State.
Section 40-7-70. In addition to the powers and duties provided for in
this chapter, the board has those powers and duties set forth in Section
40-1-70.
Section 40-7-80. The Department of Labor, Licensing and
Regulation on behalf of the board shall investigate complaints and
violations of this chapter as provided for in Section 40-1-80.
Section 40-7-90. The results of an investigation must be presented to
the board and any subsequent hearing must be conducted in accordance
with Section 40-1-90.
Section 40-7-100. In addition to other remedies provided for in this
chapter or Article 1, Chapter 1, the board in accordance with Section
40-1-100 may issue a cease and desist order or may petition an
administrative law judge for a temporary restraining order or other
equitable relief to enjoin a violation of this chapter.
Section 40-7-110. The board may take disciplinary action against a
barber permittee or licensee as provided for in Section 40-1-110 and
based upon grounds enumerated in that section.
Section 40-7-115. The board has jurisdiction over the actions of
licensees and permittees and former licensees and permittees as provided
for in Section 40-1-115.
Section 40-7-120. In addition to the sanctions the board may impose
against a person pursuant to Section 40-1-110, the board also may take
disciplinary action against a person as provided for in Section 40-1-120.
Section 40-7-130. As provided for in Section 40-1-130, the board may
deny a permit or licensure to an applicant based on the same grounds for
which the board may take disciplinary action against a licensee or
permittee.
Section 40-7-140. A permit or license may be denied based on a
person's prior criminal record only as provided for in Section 40-1-140.
Section 40-7-150. A licensee or permittee under investigation for a
violation of this chapter or a regulation promulgated under this chapter
may voluntarily surrender the license or permit in accordance with
Section 40-1-150.
Section 40-7-160. A person aggrieved by a final action of the board
may seek review of the decision in accordance with Section 40-1-160.
Section 40-7-170. A person found in violation of this chapter or
regulations promulgated under this chapter may be required to pay costs
associated with the investigation and prosecution of the case in
accordance with Section 40-1-170.
Section 40-7-180. All costs and fines imposed pursuant to this chapter
must be paid in accordance with and are subject to the collection and
enforcement provisions of Section 40-1-180.
Section 40-7-190. Investigations and proceedings conducted under this
chapter are confidential, and all communications are privileged as
provided for in Section 40-1-190.
Section 40-7-200. A person who practices or offers to practice
barbering in this State in violation of this chapter or who knowingly
submits false information for the purpose of obtaining a license is guilty
of a misdemeanor and, upon conviction, must be imprisoned not more
than one year or fined not more than five thousand dollars.
Section 40-7-210. The department, on behalf of the board and in
accordance with Section 40-1-120, may petition an administrative law
judge, in the name of the State, for injunctive relief against a person
violating this chapter.
Section 40-7-230. (A) The board shall issue a license to practice as
a barber assistant to a person who:
(1) is at least sixteen years of age;
(2) has passed a physical examination prescribed by the Department
of Health and Environmental Control;
(3) has been issued a student permit and completed six weeks'
training as a barber assistant under the supervision of a registered barber
who is qualified to train an assistant barber as provided for in Section
40-7-290;
(4) has been examined by the board and has been determined to be
qualified to give shampoos and manicures.
A barber assistant only may work under the direct supervision of a
licensed registered barber.
The board may promulgate regulations for the purpose of examination,
supervision, and licensing of these persons.
A barber assistant employed as of February 1, 1976, may within sixty
days obtain a barber assistant license without further training or
examination by paying the required fee.
(B) The board shall issue a certificate of registration as a registered
barber apprentice to a person who:
(1) is at least sixteen years of age and has achieved a ninth grade
education or its equivalent;
(2) has passed a physical examination prescribed by the Department
of Health and Environmental Control;
(3) has completed at least nine months' course of fifteen hundred
hours in a reliable barber school or college approved by the board; or
twelve months' training under the personal supervision of a registered
barber who has been examined by the board and who has been determined
to be qualified to train student barbers under laws governing barber
training in this State;
(4) has passed the examination prescribed by the board;
(5) has submitted the applicable fees established by the board in
regulation.
(C) The board shall issue a certificate of registration as a registered
barber to a person who:
(1) is at least seventeen years of age;
(2) has passed a physical examination as prescribed by the board;
(3) has practiced as a registered apprentice for twelve months under
the direct supervision of a registered barber, and this practice must have
included at least one thousand nine hundred twenty hours, proof of which
must be submitted to the board by affidavit of three registered barbers or
by other methods of proof that the board may prescribe;
(4) has passed the registered barber examination prepared and
conducted by the board to determine if the applicant has:
(a) the requisite skill to perform properly all the duties associated
with the practice of barbering including, but not limited to, the ability of
the applicant in the preparation of tools, shaving, haircutting, and all the
duties and services incident to them;
(b) sufficient knowledge concerning diseases of the face, skin,
and scalp.
(D) The board shall issue a certificate of registration as a master hair
care specialist to:
(1) a cosmetologist licensed under Chapter 13 who has:
(a) satisfied educational requirements prescribed by the board in
regulation;
(b) passed the examination required by the board.
(2) a person who after July 1, 1985, meets the requirements of
subsection (C) and has passed a written and practical examination
conducted by the board to determine the person's ability to use chemicals
to wave, relax, straighten, or bleach the hair;
(3) a cosmetologist licensed under Chapter 13 who has two or more
years' experience working as a cosmetologist and after successfully
completing a practical examination prescribed and conducted by the
board. The examination shall include a basic tapered haircut.
Section 40-7-240. (A) An applicant for an examination shall apply to
the board on forms approved and furnished by the board, and the
application shall contain proof under the applicant's oath of the particular
qualifications of the applicant. The applicant shall submit the required fee
with the application. An application for examination must be submitted
to the board at least fifteen working days before the applicant takes the
examination.
(B) The board shall conduct examinations of applicants for certificates
of registration to practice as registered barbers and of applicants for
certificates of registration to practice as registered apprentices not fewer
than four times a year, at such times and places as is prescribed by the
board. The examination of applicants for certificates of registration as
registered barbers and registered apprentices shall include practical
demonstrations and oral and written tests as the board may prescribe.
Section 40-7-250. (A) A person who is licensed as a master haircare
specialist on May 13, 1986, may have this license renewed annually upon
payment of the required license fee.
(B) A registered barber or a registered apprentice whose certificate of
registration has expired may have the certificate reinstated immediately
upon payment of the required reinstatement fee. A registered barber who
does not engage in the practice of barbering for three years or less may
renew the certificate of registration upon payment of a reinstatement fee.
If more than three years have elapsed, the person must pass an
examination and pay the reinstatement fee.
(C) A registered apprentice who has submitted proof of the
apprenticeship for the purpose of becoming licensed as a registered barber
must take the examination before the next July first and the apprentice
license may not be renewed.
Section 40-7-260. No person may use chemicals to wave, relax,
straighten, or bleach the hair in a barber shop unless a license as a master
haircare specialist has been issued to the person by the board.
Section 40-7-270. A registered barber who has used chemicals to
wave, relax, straighten, or bleach the hair before July 1, 1985, may
receive a temporary master haircare specialist license without the
examination required in Section 40-7-230(D)(2) by notifying the board
and certifying sixty hours of on-the-job experience with chemical
applications.
Section 40-7-280. No person may give shampoos or manicures in a
barber shop unless a license as a barber assistant has been issued to him
by the Board of Barber Examiners.
Section 40-7-290. (A) A barber training a student in a shop must have
had three years' experience as a registered barber and must have been
examined by the board and determined to be qualified to train a student
barber. A barber found qualified after examination must be issued an
instructor's license.
(B) A registered barber may train no more than two students at a time
if each student has a chair at all times.
Section 40-7-300. A person who has practiced barbering in another
state or country which has licensing requirements which meet or exceed
the requirements of this chapter, as determined by the board, and who
moves into this State, before practicing barbering in South Carolina shall
submit to the board:
(1) notarized statements from previous employers establishing that the
person has been licensed and actively has practiced barbering for the
preceding calendar year;
(2) a letter from the licensing board of the state or country from which
the person is moving verifying that the person is licensed and in good
standing with the board of that state or country;
(3) a certificate that the person has read, understands, and will abide
by the provisions of this chapter and regulations promulgated under this
chapter;
(4) a completed application for a certificate of registration upon a
form provided by the board.
Upon receipt of these documents, the board shall issue the person a
certificate of registration to practice barbering in this State.
Section 40-7-310. A holder of a certificate of registration for any
category of barbering authorized by this chapter shall display in a
conspicuous place adjacent to or near the person's work chair.
Section 40-7-320. (A) A barbershop must be registered with the
board. Applications for registration and inspection of new shops must be
made at least fifteen working days before opening the shop. No new shop
may be operated until all fees are paid and the shop has passed inspection.
(B) A copy of the inspection rating and copy of the regulations for the
sanitary management of a barbershop, as provided for in Section 40-7-60,
must be posted in a conspicuous place in each barbershop or barber
school.
Section 40-7-330. A member of the board or the board's agents,
assistants, and inspectors may enter upon and inspect a barbershop or
barber school at any time during business hours in the performance of the
duties conferred or imposed by this chapter.
Section 40-7-340. (A) Notwithstanding any other provision of this
chapter, the board may issue special certificates of registration as an
apprentice barber to an inmate in the custody of the State Department of
Corrections who:
(1) complies with Section 40-7-230(B), having completed the
required number of hours in a barber school or college approved by the
board; and
(2) has been sentenced:
(a) under the Youthful Offender Act and has served at least
nine months of the sentence; or
(b) to a determinant sentence and is eligible for release or
parole consideration within one hundred twenty days.
(B) These certificates are valid for one hundred twenty days and may
be renewed at the discretion of the board.
Section 40-7-350. A barber college and teachers at a barber college
must be registered with the board. These teachers must have had three
years' experience as practicing barbers and shall have passed successfully
a teacher's examination as prescribed by the board.
Section 40-7-360. This chapter does not apply to a person who
performs the service of a barber for members of the person's immediate
family.
Section 40-7-370. No registered apprentice, registered under the
provisions of this chapter, may operate a barbershop in this State.
Section 40-7-380. It is unlawful for a member, inspector, or employee
of the board to own an interest in a barber college or a company which
deals in sales or services to barbershops.
Section 40-7-390. These persons are exempt from this chapter while
engaged in the proper discharge of their professional duties:
(1) persons authorized under the laws of this State to practice
medicine and surgery;
(2) commissioned medical or surgical officers of the United States
Army, Navy, or Marine hospital service;
(3) registered nurses;
(4) students in schools, colleges, and universities who practice
barbering only upon students in the school, college, or university premises
for the purpose of earning part of their school expenses;
(5) undertakers;
(6) persons authorized by state law to practice cosmetology only when
they are practicing in salons or schools of cosmetology.
Section 40-7-400. If a provision of this chapter or the application of
a provision to a person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this chapter which can be
given effect without the invalid provision or application, and to this end
the provisions of this chapter are severable."
Time effective
SECTION 2. This act takes effect July 1, 1997.
Approved the 13th day of June, 1997. |