Current Status Bill Number:3466 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970218 Primary Sponsor:G. Brown All Sponsors:G. Brown Drafted Document Number:pt\2926ac.97 Companion Bill Number:269 Residing Body:House Date Tabled:19970430 Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Barbers, licensure and regulation of, professional and occupational board; Barbering
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970430 Tabled in Committee 26 HLCI
House 19970218 Introduced, read first time, 26 HLCI
referred to Committee
View additional legislative information at the LPITS web site.
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:
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.