H 3466 Session 112 (1997-1998)
H 3466 General Bill, By G. Brown
Similar(S 269)
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.
02/18/97 House Introduced and read first time HJ-14
02/18/97 House Referred to Committee on Labor, Commerce and
Industry HJ-14
04/30/97 House Tabled in committee Labor, Commerce and Industry
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.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 7, Title 40 of the 1976 Code is amended to
read:
"CHAPTER 7
Barbers and Barbering
Section 40-7-10. Any one or combination of the
following practices, when done for pay, shall constitute the practice
of barbering within the purview of this chapter:
(1) Shaving or trimming the beard, cutting the
hair, or hairstyling;
(2) Giving facial or scalp massages or treatments with
oils, creams, lotions and 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; and
(5) Cutting, shaping, fitting, styling and service of men's
hair pieces, toupees and wigs.
Section 40-7-15. 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 him by the
board.
No person may be issued a license by the board to practice
as a master haircare specialist unless he is otherwise qualified under
the provisions of Sections 40-7-100 and 40-7-120 and qualifies as a
barber after July 1, 1985, and has passed a satisfactory written and
practical examination conducted by the board to determine his fitness
to use chemicals to wave, relax, straighten, or bleach the hair.
Section 40-7-16. Notwithstanding any other
provision of this chapter, after June 30, 1990, the amounts of all fees
provided for under this chapter must be established by the board by
regulation, and the board may, after that date, increase the amount of
any such fee by not more than fifteen percent a year.
Section 40-7-17. Any registered barber who has
used chemicals to wave, relax, straighten, or bleach the hair prior to
July 1, 1985, may receive a temporary master haircare specialist
license without the examination required in Section 40-7-15 by
notifying the board and certifying sixty hours of on-the-job
experience with chemical applications. The temporary license shall
remain in effect until the Board of Barber Examiners is reauthorized
pursuant to the Reorganization Commission procedures.
Section 40-7-18. Any person who is licensed as
a master haircare specialist on May 13, 1986 may have his license
renewed annually upon payment of the required license fee.
Section 40-7-19. The fees which may be assessed
and collected by the board under this chapter are those which are
enumerated in this section. The amounts of those fees, as also set
forth in this section, are applicable through June 30, 1990, at which
time the amounts of the fees must be promulgated in accordance with
the provisions of Section 40-7-16. No new fee may be established
except by enactment of the General Assembly. The fees and their
amounts are the following:
(1) Master hair care specialist renewal fee$ 45.00
(2) Registered barber license renewal fee$ 35.00
(3) Barbershop license renewal fee$ 35.00
(4) Apprentice barber license renewal fee$ 25.00
(5) Barber assistant license renewal fee
(shampooist/manicurist)$ 25.00
(6) Master hair care exam fee$ 40.00
(7) Registered barber exam fee$ 40.00
(8) Apprentice barber exam fee$ 40.00
(9) Barber assistant exam fee$ 40.00
(10) Master hair care out-of-state exam fee$ 45.00
(11) Registered barber out-of-state exam fee$ 45.00
(12) Apprentice barber out-of-state exam fee$ 45.00
(13) Barber assistant out-of-state exam fee$ 45.00
(14) Restoration fees (late fees) for every license
$ 25.00
(15) Teacher's certificate renewal fee$ 60.00
(16) Barber school renewal fee$ 70.00
(17) New barbershop fee$100.00
(18) New barber school fee$150.00
(19) Student permit fee$ 25.00
(20) Barber assistant permit fee
(shampooist/manicurist)$ 25.00
(21) Reciprocity fee$100.00
(22) Teacher's exam fee$100.00
(23) On-the-job-training instructor exam fee$ 40.00
Section 40-7-20. No person or combination of
persons shall for pay, either directly or indirectly, practice or attempt
to practice barbering as herein defined in this State without a
certificate of registration either as a registered apprentice or as a
registered barber, issued pursuant to the provisions of this chapter by
the State Board of Barber Examiners.
Section 40-7-25. No person shall 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.
No person shall be issued a license to practice as a barber
assistant by the Board unless such person:
(1) Is at least sixteen years of age;
(2) Passes a physical examination prescribed by
the Board of Health and Environmental Control;
(3) Has been issued a student permit and
completed six weeks' training as a bar assistant under the supervision
of a registered barber who has qualified to train an assistant barber
under the laws governing barber training in this State;
(4) Has been examined by the Board and has
been determined to be qualified to practice the giving of shampoos
and manicures only.
All barber assistants are required to work under the direct
supervision of a licensed registered barber.
The fee to be paid by an applicant for an examination to
practice as a barber assistant is the amount established by the board
by regulation, and the fee must accompany the application. The
annual license fee for a barber assistant is the amount established by
the board by regulation, and this license must be renewed June
thirtieth of each year. Failure to renew as of July first of each year
shall result in suspension of license, and the applicant must be
reexamined by the board and pay the required fees.
The Board shall promulgate regulations for the purpose of
examination, supervision and licensing of such persons.
All barber assistants 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.
Section 40-7-30. The State Board of Barber
Examiners is established to consist 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 experienced barbers who have engaged in the practice of
barbering for at least five years in the State. At least two of the
experienced barbers must be licensed as master haircare specialists.
One member must be a public member not connected with the
practice of barbering. The public member has all the rights and
privileges of the other board members except he may not participate
in the examination of an applicant for a license. The Governor may
remove a member for good cause shown and appoint a member to fill
the unexpired term.
Section 40-7-40. Each Board member shall
receive for each day actually engaged in the duties of his office a per
diem not to exceed fifty dollars plus actual expenses for food and
lodging and his actual mileage at the rate prescribed for state
employees payable from revenue from fees collected pursuant to the
provisions of this chapter.
Section 40-7-50. The Board shall maintain a
suitable office in Columbia and shall adopt and use a common seal
for the authentication of its orders and records.
Section 40-7-60. The board shall elect its own
officers. The Director of the Department of Labor, Licensing, and
Regulation, pursuant to Section 40-73-15, shall appoint a secretary.
The secretary shall receive an annual salary, such salary, as well as
all other expenses of the board, to be paid only out of the revenue
derived from fees collected under the provisions of this chapter. The
secretary shall keep and preserve all records of the board, issue all
necessary notices to the barbers of the state and perform such other
duties, clerical and otherwise, as may be imposed upon him by the
Director of the Department of Labor, Licensing, and Regulation. The
secretary shall turn over, as required by law, all moneys collected by
him and render full, itemized and detailed reports therewith, as
required by law. He shall, before entering upon the duties of his
office, execute to the state a satisfactory bond, with a duly licensed
bonding company in this State, as surety or with other acceptable
surety, such bond to be in the penal sum of not less than ten thousand
dollars and conditioned upon the faithful performance of the duties
of his office.
The Director of the Department of Labor, Licensing, and
Regulation may employ such staff as he deems necessary to carry out
functions of the board as prescribed in this chapter subject to funds
available to the board.
Section 40-7-70. It shall be unlawful for any
member, inspector or employee of the Board, to own any interest in
a barber college or any company which deals in sales or services to
barbershops.
Section 40-7-80. [Section repealed]
Section 40-7-90. [Section repealed]
Section 40-7-100. No person shall be issued a
certificate of registration as a registered apprentice by the Board:
(1) Unless such person is at least sixteen years
of age and has achieved a ninth grade education or its equivalent;
(2) Unless such person passes a satisfactory
physical examination prescribed by the State Department of Health
and Environmental Control;
(3) Unless such person 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, in
addition, has been examined by the South Carolina Board of Barber
Examiners and has been determined to be qualified to train student
barbers under laws governing barber training in the State; and
(4) Unless the person passes the examination
prescribed by the board and pays the required fee.
Section 40-7-110. No registered apprentice,
registered under the provisions of this chapter, shall operate a
barbershop in the State but every such apprentice must serve his
period of apprenticeship under the direct supervision of a registered
barber, as required by Section 40-7-120.
Section 40-7-115. (A) A barber training a
student in a shop is required to have had three years' experience as a
registered barber and must have been examined by the South
Carolina Board of Barber Examiners and determined to be qualified
to train a student barber under laws governing barber training in the
State. The fee to be paid by the registered barber for an examination
to be qualified to train a student in a shop is fifty dollars, and the fee
must accompany the application. Barbers found qualified after
examination must be issued an instructor's license which must be
renewed as of June thirtieth of each year. The annual renewal fee is
fifty dollars.
(B) A registered barber may train no more than two
students at a time if each student has a chair at all times.
Section 40-7-120. Any person to practice barbering
as a registered barber shall have worked as a registered apprentice for
a period of at least twelve months under the direct supervision of a
registered barber and this fact must be proved to the Board by the
sworn affidavit of three registered barbers or by such other method
of proof as the Board may prescribe and deem necessary. A
certificate of registration as a registered barber shall be issued by the
Board to any person who is qualified under the provisions of this
chapter and meets the following qualifications:
(1) Is qualified under the provisions
of Section 40-7-100;
(2) Is at least seventeen years of age;
(3) Passes a satisfactory physical examination
as prescribed by the Board;
(4) Has practiced as a registered apprentice for
a period of twelve months under the immediate personal supervision
of a registered barber and, upon proof that the period of twelve
months has been completed and that such practice has included a total
of one thousand nine hundred twenty hours, the apprentice shall be
required by law to take the registered barber examination before the
next fiscal year, as no further apprentice license may be issued;
(5) Has passed a satisfactory examination,
conducted by the Board, to determine his fitness to practice
barbering, such examination to be so prepared and conducted as to
determine (a) whether or not the applicant is possessed of the
requisite skill in such trade to properly perform all the duties thereof,
including the ability of the applicant in his preparation of tools,
shaving, haircutting and all the duties and services incident thereto
and (b) has sufficient knowledge concerning diseases of the face, skin
and scalp to avoid the aggravation and spreading in the practice of
such trade.
Section 40-7-125. A certificate of registration as
a master hair care specialist may be issued to a cosmetologist licensed
under Chapter 13 of this title who:
(1) has satisfied educational requirements
prescribed by the board through regulations;
(2) has passed successfully the examination
required by the board.
Section 40-7-130. Each applicant for an
examination shall make application to the Board on blank forms
prepared and furnished by the secretary, such application to contain
proof under the applicant's oath of the particular qualifications of the
applicant, and pay to the Board the required fee. All applications for
examination must be filed with the secretary at least fifteen days prior
to the actual taking of the examination by the applicant.
Section 40-7-140. 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 less than four times each
year, at such times and places as will prove most convenient and as
the Board may determine. The examination of applicants for
certificates of registration as registered barbers and registered
apprentices shall include such practical demonstrations and oral and
written tests as the Board may determine.
Section 40-7-150. Whenever the provisions of this
chapter shall have been complied with, the Board shall issue or have
issued to the applicant a certificate of registration as a registered
barber or as a registered apprentice, as the case may be.
Section 40-7-160. A person who has practiced
barbering in another state or country which has licensing
requirements which meet or exceed South Carolina's, as determined
by the board, and who moves into this State, before practicing
barbering in South Carolina, shall present:
(1) notarized statements from previous
employers establishing that he has been licensed and actively has
practiced barbering for the preceding two calendar years;
(2) a letter from the licensing board of the state
or country from which he is moving verifying that he is licensed and
in good standing with the board;
(3) a certificate that he has read, understands,
and will abide by the regulations and statutes of this State;
(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 to
him a certificate of registration to practice barbering in this State. A
fee in the amount established by the board by regulation must be
submitted with the application.
Section 40-7-170. All barbershops must be
registered with the board. The registration and inspection fee for all
new shops is the amount established by the board by regulation.
Applications for registration and inspection of new shops must be
made at least fifteen days before opening the shop. No new shop
may be operated until all fees are paid and the shop has passed
inspection. Annual renewal fees for shop registration are as
established by the board by regulation and must be renewed as of the
thirtieth day of June of each year. The fee for registration of an
expired shop certificate is the amount established by the board by
regulation.
Section 40-7-180. The fee to be paid by an
applicant for a student permit to train as a student barber is the
amount established by the board by regulation, and the fee must
accompany the application. The fee to be paid by an applicant for an
examination to practice barbering as an apprentice is the amount
established by the board by regulation, and the fee must accompany
the application. The annual license fee of an apprentice is the amount
established by the board by regulation. The fee to be paid by an
applicant for an examination to determine his fitness to receive a
certificate of registration as a registered barber is the amount
established by the board by regulation, and the fee must accompany
the application. The annual license fee of a registered barber is the
amount established by the board by regulation. All licenses for
apprentice and registered barbers must be renewed as of the thirtieth
day of June of each year. The fee of registration of an expired
certificate for apprentice barbers is the amount established by the
board by regulation, and the fee for registration of an expired
certificate for registered barbers is the amount established by the
board by regulation. The board may regulate the payment of fees and
prorate the annual license fee. The annual fee for a master hair care
certificate is the amount established by the board by regulation.
Section 40-7-190. The Board may make reasonable
rules and regulations for the sanitary management of barbershops and
barber schools and for the administration of the provisions of this
chapter and may enforce such rules and regulations. The sanitary
rules and regulations so prescribed shall be approved by the
Department of Health and Environmental Control. A copy of the
rules and regulations adopted by the Board shall be furnished by the
Board to the owner or manager of each barbershop or barber school
in the State and such copy shall be posted in a conspicuous place in
each barbershop or barber school, together with the rating of the
inspection so made.
Section 40-7-200. Any member of the Board or its
agents, assistants and inspectors may enter upon and inspect any
barbershop or barber school at any time during business hours in the
performance of the duties conferred or imposed by this chapter.
Section 40-7-210. Every holder of a certificate of
registration shall display it in a conspicuous place adjacent to or near
his work chair.
Section 40-7-220. Each of the following acts
constitutes a misdemeanor, punishable on conviction by a fine of not
less than twenty-five dollars, nor more than one hundred dollars, or
not less than five days nor more than thirty days for each and every
violation thereof:
(1) The violation of any of the provisions of this
chapter;
(2) Permitting any person in one's employ,
supervision or control to practice as an apprentice unless that person
has a certificate of registration as a registered apprentice;
(3) Permitting any person in one's employ,
supervision or control to practice as a barber unless that person has
a certificate as a registered barber;
(4) Obtaining or attempting to obtain a
certificate of registration for money, other than the required fee, or
any other thing of value or by fraudulent misrepresentations;
(5) Practicing or attempting to practice by
fraudulent misrepresentations;
(6) Wilful failure to display a certificate of registration
as required by Section 40-7-210;
(7) The wilful and continued violation of the
reasonable rules and regulations adopted by the Board for the sanitary
management of barbershops and barber schools; and
(8) The operation by an owner or manager of
any shop without a license or any new shop without inspection.
Section 40-7-230. Every registered barber and
every registered apprentice annually, on or before June thirtieth of
each year, shall renew his certificate of registration and pay the
required fee. Every certificate of registration which has not been
renewed during the month of June in any year expires on the first day
of July in that year. A registered barber or a registered apprentice
whose certificate of registration has expired may have his certificate
restored immediately upon payment of the required restoration fee.
A registered barber who retires from the practice of barbering for not
more than three years may renew his certificate of registration upon
payment of a restoration fee. After three years an examination is
required.
Section 40-7-240. The Board may either refuse to
issue or renew or may suspend or revoke any certificate of
registration for any one or combination of the following causes:
(1) Conviction of a felony shown by a certified
copy of the record of the court of the conviction;
(2) Gross malpractice or gross incompetency;
(3) Continued practice by a person knowingly
having an infectious or contagious disease;
(4) Advertising by means of known false or
deceptive statements;
(5) Habitual drunkenness or habitual addiction
to the use of morphine, cocaine or other habit-forming drugs;
(6) commission of one or more of the offenses
described in Section 40-7-220 (3), (4), (6), (7), and (8);
(7) The Board may have refuse to issue or may
refuse to renew, or may suspend or revoke any license or may place
the holder thereof on a term of probation after proper hearing and
upon the holder of such license being found guilty of fraud or
misrepresentation in obtaining a license.
Section 40-7-250. Notwithstanding any other
provision of this chapter, the Board may issue special certificates of
registration as apprentice barbers to inmates in the custody of the
State Department of Corrections who:
(a) Comply with all provisions of Section
40-7-100, having completed the required number of hours in a barber
school or college approved by the Board; and
(b) Have been sentenced:
(1) Under the Youthful Offender Act and
have served at least nine months of their sentence, or
(2) To a determinant sentence and are
eligible for release or parole consideration within one hundred
twenty days.
All such certificates shall be for a period of one hundred
twenty days and may be renewed at the discretion of the Board in
appropriate cases.
Section 40-7-260. The Board may neither refuse
to issue or refuse to renew, nor suspend or revoke any certificate of
registration, however, for any of such causes unless the person
accused has been given at least twenty days' notice in writing of the
charges against him and a public hearing by the Board. 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.
Section 40-7-270. [From and after February 1,
1994, this section reads as follows:]Any barber in the state whose
case has been passed upon by the board may appeal to an
administrative law judge as provided under Article 5 of Chapter 23
of Title 1.
Section 40-7-280. The following persons are
exempt from this chapter while engaged in the proper discharge of
their professional duties:
(1) persons authorized under the laws of the
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 follow the practice of barbering only upon students
in the school, college, or university premises for the purpose of
making 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 40-7-290. The provisions of this chapter
shall not apply to any person who shall perform the service of a
barber for members of his immediate family.
Section 40-7-300. All barber colleges and teachers
therein must be registered with the board. All teachers are required
to have had three years' experience as practicing barbers and shall
have successfully passed a teacher's examination as prescribed by the
board. Registration and inspection fees for colleges are as established
by the board by regulation. The examination fee for teachers is the
amount established by the board by regulation, and annual renewal
fees for registration of teachers are also as established by the board
by regulation and must be renewed as of the first day of July of each
year.
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 and consideration of these nominations must be given
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.
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 fifty 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.
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 two calendar years;
(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."
SECTION 2. This act takes effect July 1, 1997.
-----XX----- |