Indicates Matter Stricken

Indicates New Matter

 

Committee Report

February 19, 2026

 

H. 4752

 

Introduced by Reps. Wooten, McCabe, Edgerton and White

 

S. Printed 2/19/26--H.

Read the first time January 13, 2026

 

________

 

The committee on House Labor, Commerce and Industry

To whom was referred a Bill (H. 4752) to amend the South Carolina Code of Laws by amending Section 40-7-230, relating to requirements for licensure as a barber, so as to remove the apprenticeship requirement, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

   Amend the bill, as and if amended, by striking all after the enacting words and inserting:

SECTION 1.  Chapter 13, Title 40 of the S.C. Code is amended by adding:

 

Article 5

 

Barbers and Barbering

 

    Section 40-13-510. No person may engage in the practice of barbering, master barbering, or hair braiding unless the person is licensed or registered in accordance with this article.

 

    Section 40-13-520. (A) The board shall issue a license as a barber to a person who submits an application to include a current photograph, pays the application fee prescribed by the board, and demonstrates the applicant:

       (1) is at least sixteen years of age and has achieved a ninth grade education or its equivalent;

       (2) has completed at least:

           (a) 1,500 verified hours in classes in a barber school or college approved by the board; or

           (b) 1,920 verified hours of training under the personal supervision of a board-licensed barber instructor or master barber instructor; or

           (c) 1,540 verified hours in classes in a secondary school program; and

       (3) has passed the examination prescribed by the board.

    (B) The board shall issue a license as a master barber to a person who submits an application to include a current photograph, pays the application fee prescribed by the board, and demonstrates the applicant:

       (1) is at least sixteen years of age and has completed a ninth grade education or the equivalent;

       (2) has completed at least:

           (a) 1,500 verified hours in classes in a barber school or college approved by the board; or

           (b) 1,920 verified hours of training under the personal supervision of a board-licensed master barber instructor; or

           (c) 1,540 verified hours in classes in a secondary school program; and

       (3) has passed the master barber examination prescribed by the board.

    (C) The board shall issue a license as a master barber to:

       (1) a cosmetologist licensed under this article who submits an application to include a current photograph, pays the application fee prescribed by the board, and demonstrates the applicant has:

           (a) satisfied educational requirements prescribed by the board in regulation or who has two or more years' continuous experience working as a cosmetologist; and

           (b) passed the examination required by the board. The examination shall include a basic tapered haircut and straight razor facial shave.

    (D) Students shall be issued a one-year student permit prior to beginning instruction. In the absence of extraordinary circumstances as determined by the board, a student only may receive four such permits.

    (E)(1) The board shall issue a license to practice as a barber instructor or a master barber instructor to a person who submits an application to include a current photograph, pays the application fee prescribed by the board, and demonstrates the applicant:

           (a) has a high school diploma or its equivalent;

           (b) has three years' experience as a practicing barber or a practicing master barber;

           (c) has passed a method of teaching course prescribed by the board prior to taking the instructor's examination;

           (d) has passed an instructor's examination as prescribed by the board; and

           (e) meets other qualifications as established by the board in regulation.

       (2) A barber meeting these qualifications shall be issued a barber instructor license and a master barber meeting these qualifications may be issued a master barber instructor license. Instructors licensed by the board as of the effective date of this section may continue to practice as barber instructors or as master barber instructors; however, if their license lapses or expires, the instructor must meet all requirements for instructor licensure effective at the time of lapse or expiration.

    (F) Any individual registered with the board as a barber assistant as of the effective date of this section may continue to practice as a barber assistant, and is subject to all relevant renewal and disciplinary provisions herein. Failure to timely renew the barber assistant registration results in lapse of the registration, and it cannot be reinstated.

    (G) A barber assistant only may work under the direct supervision of a barber or master barber in a licensed barbershop.

    (H) A holder of a license under this article shall display the license in a conspicuous place adjacent to or near his work chair.

 

    Section 40-13-530. (A) Upon completion of all education training hours, an applicant for examination may apply for a nonrenewable ninety-day temporary work permit, by submitting an application that includes the following:

       (1) application on a form approved by the board;

       (2) 2x2 inch passport type photograph of the applicant;

       (3) name of licensee supervisor agreeing to provide direct supervision of the applicant; and

       (4) signed training affidavit verifying completion of education or training.

    (B) A temporary work permit allows a license candidate to work under the direct supervision of an appropriately credentialed board licensee for up to ninety days after completion of the education or training hours. The permittee cannot provide services without being under direct supervision and may not be a manager of a barbershop or a mobile barbershop.

    (C) The temporary work permit must be displayed in a conspicuous place adjacent to or near the person's work chair.

    (D) A temporary work permittee is:

       (1) subject to and must follow all applicable board statutes and regulations; and

       (2) subject to discipline in the same manner as a licensee.

 

    Section 40-13-540. (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.

    (B) The board shall conduct examinations of applicants for licensure at such times and places as prescribed by the board. The examination of applicants for licensure as barbers and master barbers shall include practical demonstrations and oral and/or written tests of theory as the board may prescribe.

 

    Section 40-13-550. (A) All persons licensed or registered under this article must renew their license or registration biennially on or before a date designated by the board, by submitting a renewal application and paying the required license renewal fee.

    (B) A licensee or registrant who fails to timely renew their license or registration may have their license or registration reinstated upon submission of a reinstatement application and payment of the required reinstatement fee, if the license or registration has been expired for three years or less. A licensee or registrant whose license or registration has been expired for more than three years must submit an application, pay the reinstatement fee, and pass all parts of the board-required examination specific to that license or registration.

 

    Section 40-13-560. (A) An individual may operate a mobile barbershop if the individual:

       (1) is licensed pursuant to this article to engage in the practice of barbering; and

       (2) does not have a stationary office at the location where the barbering services are provided.

    (B) In order to operate a mobile barbershop, a barber shall apply to the board for a mobile barbershop permit. The barber shall submit a permit application and fee in the form and manner prescribed by the board in regulation.

    (C)(1) Before a mobile barbershop permit may be issued, an inspection of the mobile barbershop must be conducted by a representative of the board as required pursuant to Section 40-13-600. Upon a satisfactory inspection, the board shall issue the applicant a mobile barbershop biennial permit to be affixed within the mobile barbershop as prescribed by the board.

       (2) A mobile barbershop permit must be biennially renewed, and a renewal fee paid, as prescribed by the board in regulation.

       (3) A mobile barbershop is subject to unannounced inspections and must be annually inspected before a permit may be renewed.

    (D)(1) A mobile barbershop permittee shall maintain an official business address, which must be indicated on the permit application and which must not be a post office box. If an address different from the official business address is used for official business, then that address must also be provided. Permit applications must also include the home address of the applicant. The inclusion of the applicant's home address on the application does authorize the applicant to conduct business at his home address if the applicant is issued a license.

       (2) A mobile barbershop permittee shall maintain an official telephone number, which must be indicated on the application. If other phones are used for official business, then those phone numbers must also be provided.

       (3) The board must be notified within thirty days of any change in the official business address or telephone number as indicated on the permit application or as otherwise provided to the board.

    (E) A mobile barbershop permittee shall comply with all applicable federal, state, and local laws, regulations, and ordinances pertaining to the practice of barbering and with all applicable flammability, construction, sanitation, zoning, or infectious waste management guidelines; Occupational Safety and Health Administration guidelines; and federal Centers for Disease Control and Prevention guidelines. The permittee shall maintain any applicable county and city licenses or permits, including business licenses, to operate the mobile barbershop at the location where barbering services will be provided.

    (F) A mobile barbershop permittee shall maintain a written or an electronic record of the street addresses where barbering services will be provided during any two-week period.

    (G) A barber at all times must be in charge and present during the operation of a mobile barbershop and is responsible for all barbering services provided at the mobile barbershop.

    (H)(1) A mobile barbershop permittee shall notify the board in writing within thirty days of the last day of operations when a mobile barbershop ceases to operate.

       (2) A mobile barbershop permit is not transferable. If a mobile barbershop is sold, the new owner shall apply to the board for a permit before providing barbering services through the mobile barbershop.

    (I) The board shall promulgate regulations to carry out the provisions of this section including, but not limited to, establishing permit application and renewal fees.

    (J) A barber who violates a provision of this article or a regulation promulgated by the board pursuant to this chapter is subject to disciplinary action as may be determined by the board.

    (K) The provisions of this section do not apply to a master barber or barber while providing barbering services in a nursing home or community residential care facility setting equipped and maintained in compliance with regulations and other requirements concerning the equipping and maintenance of barbershops.

    (L) A mobile barbershop is prohibited from operating within eyesight of the nearest registered barbershop.

    (M) A holder of a license for any category of barbering is authorized by this chapter shall display it in a conspicuous place adjacent to or near the person's work chair.  The holder of a license shall affix to the license a passport-type photograph of the license holder.

 

    Section 40-13-570. (A) Only those individuals who are licensed to practice barbering, cosmetology, hairstyling, or who are registered to practice hair braiding in this State may engage in the practice of hair braiding or perform hair braiding services in this State.

    (B) All implements used in connection with hair braiding must be disposable or must be sanitized in a disinfectant approved for hospital use or approved by the Environmental Protection Agency for commercial use.

    (C) To practice hair braiding in this State an individual shall:

       (1) apply to the board for registration by submitting an application and a 2x2 inch passport-type photograph of applicant, in a manner prescribed by the board;

       (2) provide satisfactory proof of successful completion of a one-day, six-hour board approved hair braiding course;

       (3) pass an examination administered by the board; and

       (4) pay the required twenty-five dollar registration fee.

    (D) The hair braiding course shall include instruction regarding:

       (1) sanitation and sterilization including:

           (a) universal sanitation and sterilization precautions;

           (b) how to distinguish between disinfectants and antiseptics; and

           (c) how to sanitize hands and disinfect tools used in the practice of hair braiding;

       (2) disorders and diseases of the scalp, including:

           (a) how to distinguish between these disorders and diseases; and

           (b) when hair braiding services can be performed on a client with disorders or diseases of the scalp;

       (3) where and when an individual may legally practice hair braiding; and

       (4) the procedures, fees, and requirements for renewal of a hair braiding registration.

    (E) Registration to practice hair braiding is valid for two years or until the end of the biennial licensure renewal cycle in which the registration is first issued, whichever occurs first. The holder of a registration to practice hair braiding shall renew his registration by submitting a renewal application and paying the renewal fee.

    (F) A registered hair braider who fails to timely renew their registration may have their registration reinstated upon submission of a reinstatement application and payment of the required reinstatement fee, if the registration has been expired for three years or less. A registered hair braider whose registration has been expired for more than three years may have their registration reinstated upon submission of a reinstatement application, payment of the reinstatement fee, and passing the board-required examination.

 

    Section 40-13-580. (A) A barber or master barber training a student in a shop must have had three years' experience as a barber and must have been examined and licensed 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 as a barber instructor or master barber instructor.

    (B) A person registered as a barber instructor or as a master barber instructor may train no more than two students at a time if each student has a chair at all times.

 

    Section 40-13-590. (A) A person currently licensed to practice barbering in another state, the District of Columbia, or a United States territory who was licensed in 2006 or later may be issued a license in this State if the applicant's current license is in good standing, and if the applicant has passed a national examination acceptable to the board, submits a completed application for a license to include license verification, and pays the application fee. The application shall include a current 2x2 inch passport-type photograph of the applicant.

    (B) A person currently licensed to practice barbering in another state, the District of Columbia or a United States territory who was licensed prior to 2006 may be issued a license if the applicant's current license is in good standing, and if the applicant has passed the state's licensing examination, submits a completed application for a license, including license verification, and pays the application fee. The application shall include a current 2x2 inch passport-type photograph of the applicant.

    (C) An applicant for licensure under this section is eligible to be licensed only at a level equivalent to the license currently held.

    (D) A person currently licensed as a barber instructor in another state, the District of Columbia, or a United States territory who was licensed in 2006 or later, up to the effective date of this section, may be issued an instructor license in this State if the applicant's current license is in good standing, if the applicant has passed a national examination acceptable to the board, and submits a completed application for a license to include license verification, and pays the application fee. The application shall include a current 2x2 inch passport-type photograph of the applicant.

    (E) A person currently licensed as a barber instructor in another state, the District of Columbia, or a United States territory who was licensed prior to 2006 may be issued an instructor license if the applicant's current license is in good standing, and if the applicant has passed the state licensing examination, submits a completed application for a license, including license verification, and pays the application fee. The application shall include a current 2x2 inch passport-type photograph of the applicant.

    (F) A person currently licensed as a barber instructor in another state, the District of Columbia, or a United States territory who was licensed after the effective date of this section, may be issued an instructor license in this State if the applicant's current license is in good standing, if the applicant has passed a national examination acceptable to the board and has also successfully completed a methods of teaching course acceptable to the board, and pays the application fee. The application shall include a current 2x2 inch passport-type photograph of the applicant.

    (G) An applicant for instructor licensure under this section is eligible to be licensed only at a level equivalent to the license currently held.

 

    Section 40-13-600. (A) A barbershop must be licensed by the board and must be managed by a board-licensed barber or master barber. The manager shall be responsible for the barbershop's compliance with this article and board regulations, and for the compliance of all individuals working in the barbershop. Applications for licensure 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 license, the most recent inspection report, and a copy of the regulations for the sanitary management of a barbershop must be posted in a conspicuous place in each barbershop.

    (C) The members of the board, or their authorized agents, may enter a barbershop, mobile barbershop or barber school at any reasonable time for the purposes of inspection.

 

    Section 40-13-610. The board may issue a student permit to an inmate in the custody of the State Department of Corrections who otherwise qualifies, and is attending a licensed barber school or college within the correctional facility.

 

    Section 40-13-620. (A) A license is required from the board to operate a barber school. A barber school may be operated in and as part of an accredited high school, career center, or technical school or college and must be licensed by the board. A barber school that is not part of a secondary school is considered a postsecondary school. The board shall prescribe the curriculum of a barber school. A copy of the most recent inspection report and a copy of the regulations for the sanitary management of a barbershop must be posted in a conspicuous place in each barber school.

    (B) A barber or master barber instructing students in a school must be licensed by the board as a registered barber instructor or as a master barber instructor.

 

    Section 40-13-630. These persons are exempt from this article 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) undertakers;

       (5) persons authorized by state law to practice cosmetology, but only when they are practicing in salons or schools of cosmetology or barbershops; and

       (6) persons performing shampoos under the direct supervision of a barber or master barber.

 

SECTION 2.  Chapter 13, Title 40 of the S.C. Code is amended by adding:

 

    Section 40-13-365. (A)(1) An individual may operate a portable operation if the individual:

           (a) is licensed pursuant to this chapter to engage in cosmetologist, hair stylist, esthetician, or nail technician services; and

           (b) has been issued a current portable operation permit that must have a base of operations that is a licensed salon.

       (2) An individual may apply to the board for a portable cosmetologist, hair stylist, esthetician, or nail technician operation permit by submitting an application on a form prescribed by the board and paying the initial permit fee. The application shall include:

           (a) the home address of the applicant, provided that including the applicant's home address on the application does not authorize the applicant to conduct business at his home address; and

           (b) the portable operations business telephone number. If other telephones are used in the operation of the portable operation, then the numbers for those telephones must also be included.

       (3) Upon application approval, the board shall issue a permit card to be carried by the cosmetologist, hair stylist, esthetician, or nail technician when practicing cosmetology pursuant to his permit.

       (4) A portable cosmetologist, hair stylist, esthetician, or nail technician operation permit must be biennially renewed by submitting a renewal application on a form prescribed by the board and paying a permit renewal fee.

       (5) The temporary location at which the portable operation permittee is providing services must have sufficient facilities to allow for the services provided to be performed in a safe and sanitary manner in accordance with applicable statutes and regulations.

    (B) A cosmetologist, hair stylist, esthetician, or nail technician may provide only those services in a portable operation within the scope of his credential type.

    (C) A portable operation permittee shall comply with all applicable state laws regulations pertaining to the practice of cosmetology.

    (D) A portable operation permittee shall maintain a written or an electronic record of the street addresses where cosmetologist, hair stylist, esthetician, or nail technician services are provided during any two-week period.

    (E) A permit issued pursuant to this section is not transferable.

    (F) A cosmetologist, hair stylist, esthetician, or nail technician who violates a provision of this section or a regulation promulgated by the board pursuant to this section is subject to disciplinary action as may be determined by the board.

 

SECTION 3.  Section 40-13-5 of the S.C. Code is amended to read:

 

    Section 40-13-5. Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to cosmetologists, hair braiders, hair stylists, nail technicians, and estheticians, and barbers regulated or administered, or both, by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.

 

SECTION 4.  Section 40-13-10 of the S.C. Code is amended to read:

 

    Section 40-13-10.  (A)(1) A State Board of Cosmetology and Barbering is created composed of sevennine members appointed by the Governor with the advice and consent of the Senate for terms of four years and until their successors are appointed and qualify. Vacancies are filled in the manner of original appointment for the unexpired portion of the term. Recommendations for appointment may be made by the board and other interested groups or persons. The recommendations must be submitted to the Governor not later than the thirty-first day of December of the year preceding the year in which appointments expire. Four members of the board must be experienced cosmetologists and must have been in the practice of cosmetology in this State for at least five years before appointment. One member must be from the public at large and not connected with the practice of cosmetology. One member must be an esthetician and one must be a nail technician. In comprising the board, there must be:

           (a) two members who are experienced cosmetologists and have been in the practice of cosmetology in this State for at least five years before appointment;

           (b) one member must have at least five years of practical experience as a licensed esthetician;

           (c) one member must have at least five years of practical experience as a licensed nail technician;

           (d) one member must have had at least five years of practical experience as a barber;

           (e) one member must have at least five years of practical experience as a master barber;

           (f) one member must be affiliated with a school of barbering as an owner, instructor, or manager;

           (g) one member must be affiliated with a school of cosmetology as an owner, instructor, or manager; and

           (h) one member must be from the public at large and not connected with the practice of cosmetology or barbering or any business related thereto whatsoever.

        (2) It is unlawful for a member of the board or an inspector or employee of the board, or a spouse of a board member, inspector, or employee to own an interest in a cosmetology school or barber school, or a substantial interest in a company which deals in wholesale sales or services to beauty salons, barbershops, mobile barbershops, cosmetology schools, or barber schools.

        (3) The member of the board who is not connected with the practice of cosmetology or the practice of barbering has all rights and privileges of other members of the board except the member may not participate in the examination of an applicant for a license.

    (B)(1) There is created an Advisory Committee to the State Board of Cosmetology and Barbering composed of six members appointed by the Governor with the advice and consent of the Senate for terms of four years and until their successors are appointed and qualify. Terms commence on July 1, 2027, and on April first thereafter. Vacancies on the committee must be filled in the manner of original appointment for the unexpired term.

        (2) The following associations or groups shall recommend one person to the Governor for appointment to the committee: the National Cosmetology Association of South Carolina, the South Carolina State Cosmetologist Association, the South Carolina Vocational Directors Association, the South Carolina Association of Cosmetology Schools, the South Carolina Beauty Supply Dealers, and the teachers of cosmetology in vocational or private schools.Members of the advisory committee must include appointments from:

           (a) post-secondary barber schools;

           (b) post-secondary cosmetology schools;

           (c) the State Board for Comprehensive and Technical Education;

           (d) the State Department of Education, regarding secondary schools where barbering or cosmetology are taught;

           (e) barber associations; and

           (f) cosmetology associations.

       (3) Recommendations must be submitted to the Governor not later than the thirty-first day of December of the year preceding the year in which appointments expire. The Governor may reject any person recommended for appointment upon a satisfactory showing that the person is unfit to serve. If a person is rejected, the group or association who recommended the person shall submit additional names to the Governor for consideration.

        (34) Committee members shall receive the same mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions. The board shall meet with the committee quarterly to discuss problems, make recommendations, and hear reports of board policy affecting the industry. Special meetings may be called by the board upon sufficient notice. Accurate minutes of all meetings must be kept by the board as part of its public record.

 

SECTION 5.  Section 40-13-20 of the S.C. Code is amended to read:

 

    Section 40-13-20.  As used in this chapter:

    (1) "Barbershop" means a building or any part of a building in which barbering or master barbering is performed.

    (2) "Barbering" means performing on the general public for compensation any one or a combination of:

       (a) shaving or trimming a beard, shampooing, cutting the hair, or styling the hair by any means, including hands, or mechanical or electrical appliances or instruments;

       (b) giving cleansing facial or scalp massages or treatments to scalp, neck and face with oils, creams, lotions, or other nonchemical or nonacid preparations, either by hand or mechanical appliances that do not penetrate the epidermis of the skin;

       (c) applying cosmetic preparations, antiseptics, powders, oils, clays, and lotions to the scalp, neck, or face;

       (d) cutting, shaping, fitting, styling, and servicing hair pieces, toupees, wigs and non-surgical hair replacement system; and

       (e) performing manicures, which are a cosmetic treatment of the hands that involves cutting, shaping, and/or polishing natural nails, removal of cuticles and softening of the skin of the hands and fingers.

    (3) "Barber school" or "school" means a place or part of a place in which barbering or any of its practices are taught.

    (1)(4) "Beauty salon" or "salon" means a building or any place, or part of a place or building including, but not limited to, a rental booth, in which cosmetology is performed on the general public for compensation.

    (2)(5) "Cosmetology" means engaging in any of these practices or a combination of these practices when done for compensation either directly or indirectly:

       (a) arranging, styling, thermal curling, chemical waving, pressing, shampooing, cutting, shaping, chemical bleaching, chemical coloring, chemical relaxing, or similar work, upon the hair, wig, or hairpiece of any person, by any means, with hands or mechanical or electrical apparatus or appliances;

       (b) using cosmetic preparations, make-up, antiseptics, lotions, creams, chemical preparations on, or otherwise, or waxing, tweezing, cleansing, stimulating, manipulating, beautifying, or similar work on the scalp, legs, feet, face, neck, arms, hands;  or

       (c) manicuring or pedicuring the nails of a person or similar work.

    (3)(6) "Cosmetologist" means a person including, but not limited to, an independent contractor, not a student, who is licensed to practice cosmetology.

    (4)(7) "Cosmetology school", "beauty school", or "school" means a place or part of a place in which cosmetology or any of its practices are taught.

    (5)(8) "Esthetician" means a person including, but not limited to, an independent contractor, who is licensed to practice skin care, make-up, or similar work. Skin care is for the sole purpose of beautifying the skin.

    (9) "Hair braiding" means the twisting, braiding, weaving or interweaving of natural human hair for compensation without cutting, styling, glueing, or sewing in hair extensions, coloring, permanent waving, relaxing, removing, or chemical treatment of the hair. Hair braiding also includes the use of hair extensions, except when used in public places including, but not limited to, beaches, parks, and sidewalks.

    (10) "Hair styling" means arranging, styling, thermal cooling, chemical waving, pressing, shampooing, cutting, shaping, chemical bleaching, chemical coloring, chemical relaxing, or similar work on the hair, wig, or hairpiece of a person by any means, with hands and mechanical or electrical apparatus or appliance.

    (6)(11) "Independent contractor" means a licensed practitioner who rents or leases a place or part of a place in a beauty salon.

    (7)(12) "Instructor" means a person who is licensed to teach barbering, cosmetology, or any practices of cosmetology in accordance with this chapter.

    (13) "Mobile barbershop" means a mobile unit that is a self-contained, self-supporting enclosed motor vehicle or trailer, which is licensed as an establishment for the practice of barbering.

    (8)(14) "Nail technician" means a person including, but not limited to, an independent contractor, who is licensed to practice manicuring or pedicuring the nails or similar work.

    (15) "Portable barber operation" means equipment used in the practice of barbering that is in a mobile barbershop or transported from a barbershop and used on a temporary basis at a location including, but not limited to:

       (a) a client's home; or

       (b) another institution or location as may be authorized by the board in regulation.

    (16) "Portable cosmetologist, hair stylist, esthetician, or nail technician operation" or "portable operation" means equipment used in the practice of cosmetology and is used on a temporary basis at a location including, but not limited to:

       (a) a client's residence;

       (b) a clients short-term residence;

       (c) a place of business;

       (d) a special event venue; or

       (e) another institution or location as may be authorized by the board.

    (17) "Practice of master barbering" means performing on the general public for compensation for all barbering services and also includes singeing or coloring the hair, or applying tonics or chemicals to wave, relax, straighten, or lighten the hair.

    (9)(18) "Student" means a person who is engaged in learning or acquiring the practices of:

           (a) cosmetology and, while learning, performs or assists in any of the practices of cosmetology in a school licensed under this chapter and under the instruction or immediate supervision of an instructor licensed under this chapterArticle 3; or

           (b) barbering and, while learning, performs or assists in the practice of barbering in a school licensed under this chapter and under the supervision of an instructor licensed under Article 5.

    (10)(19) "Approved school" means a:

       (a) cosmetology, esthetician, or nail technician, hair braider, or hair stylist school licensed by the Board of Cosmetologyboard or the board's equivalent in the jurisdiction in which it is physically located. In states where licensure of a school is not required, a license may be issued, upon application and approval by the board.; and

       (b) barber school licensed by the board or the board's equivalent in the jurisdiction in which it is located.

 

SECTION 6.  Section 40-13-40 of the S.C. Code is amended to read:

 

    Section 40-13-40.  (A)(1) A person registered as a barber or master hair care specialistbarber pursuant to the requirements of Chapter 7 of this titleAritlce 5 may practice within the scope authorized by the person's license in a salon registered in accordance with this chapter.

        (B) (2)The provisions of this section apply notwithstanding the provisions of Section 40-13-20(1) or another provision of law.

    (B) Notwithstanding another provision of this chapter, a person licensed as a cosmetologist, hair stylist, esthetician, or nail technician pursuant to this chapter may practice, within the scope authorized by the person's license, in a barbershop registered in accordance with this chapter.

    (C) The department shall promulgate regulations to carry out the provisions of this section.

 

SECTION 7.  Section 40-13-50 of the S.C. Code is amended to read:

 

    Section 40-13-50.  (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 40-1-50.

    (B) The board shall establish fees for:

       (1) examination, licensure, renewal, and reinstatement fees for student barbers, barbers, master barbers, barber instructors, portable barber operations, and any other category of barber authorized by this chapter; and

       (2) the inspection, registration, renewal, and registration reinstatement of barbershops, mobile barbershops, and barber schools and colleges.

    (C) The board may prorate the license fee as provided for in regulation. All fees must accompany applications, license renewals, license reinstatements, barbershop inspections, registrations, and renewals.

 

SECTION 8.  Section 40-13-60 of the S.C. Code is amended to read:

 

    Section 40-13-60.  The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter. Regulations relating to the sanitary management of salons, and schools must not be promulgated until approved by the Department of Health and Environmental Control.barbershops, mobile barbershops, cosmetology schools, and barber schools must be furnished by the board to the owner or manager of each salon, barbershop, mobile barbershop, cosmetology school, and barber school in the State.

 

SECTION 9.  Section 40-13-90 of the S.C. Code is amended to read:

 

    Section 40-13-90.  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. Alternatively, the board may issue administrative citations and may assess administrative penalties against a licensee for violations of this chapter or regulation as specified by the board. Only one citation may be issued and only one administrative penalty may be assessed for a single violation; however, no more than five hundred dollars in administrative penalties may be assessed against an individual or an entity per offense. Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal. A licensee assessed administrative penalties may appeal those penalties to the board within ten days of receipt of the citation. If an appeal is filed, a hearing shall be held before the board or its designee, which shall make a determination in the matter. If no appeal is filed, the citation is deemed a final order and the administrative penalties must be paid within thirty days of receipt of the citation.

 

SECTION 10. Section 40-13-110(A)(2) and (6) of the S.C. Code is amended to read:

 

    (2) permitted a person in one's employ or under one's supervision or control to practice as a cosmetologist, hair stylist, hair braider, barber, master barber, esthetician, or nail technician without that person being licensed as a cosmetologist, hair stylist, hair braider, barber, master barber, esthetician, or nail technician;

 

    (6) practiced or attempted to practice cosmetology in any place other than a licensed salon or portable operation, except in case of an emergency including, but not limited to, illness, invalidism, or death when a licensed operator may perform services for a person in another place by appointment only;

 

SECTION 11. Section 40-13-230 of the S.C. Code is amended to read:

 

    Section 40-13-230. (A) A license as a cosmetologist must be issued by the board to a person who:

       (1) is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or tests approved by the board;

       (2) has completed:

           (a) at least one thousand five hundred hours in post-secondary school or at least one thousand five hundred forty hours in secondary school classes in cosmetology in a reliable school or college approved by the board or is a registered master hair care specialist pursuant to Chapter 7master barber who has satisfied educational requirements established by the board in regulation;  and

       (3) has passed the examination prescribed by the board and pays the required fee.

    (B) A license as a hair stylist must be issued by the board to a person who:

       (1) is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or tests approved by the board;

       (2) has completed at least one thousand one hundred hours in hair styling classes in a reliable school approved by the board or is a registered master barber pursuant to this chapter who has satisfied educational requirements established by the board in regulation; and

       (3) has passed the examination prescribed by the board and pays the required fee.

    (B)(C) A license as an esthetician must be issued by the board to a person who:

       (1) is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or tests approved by the board;

       (2) has completed at least four hundred fiftysix hundred hours in classes in skin care in a reliable school approved by the board or comparable training approved by the board;  and

       (3) has passed the examination prescribed by the board and pays the required fee.; and

       (4) students enrolled in esthetician programs prior to July 1, 2027, must be issued a license for completion of at least four hundred fifty hours in classes in skin care in a reliable school approved by the board or comparable training approved by the board so long as all other requirements for licensure are met.

    (C)(D) A license as a nail technician must be issued by the board to a person who:

       (1) is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or tests approved by the board;

       (2) has completed at least three hundred hours in classes in a reliable nail technician school approved by the board or comparable training approved by the board;  and

       (3) has passed the examination prescribed by the board and pays the required fee.

    (D)(E) Temporary permits to practice as a cosmetologist, hair stylist, esthetician, or nail technician may be issued in accordance with regulations promulgated by the board.

SECTION 12. Section 40-13-240(B) of the S.C. Code is amended to read:

 

    (B) The board shall conduct examinations of applicants for licenses to practice as cosmetologists, hair stylists, estheticians, or nail technicians not less than three times each year, at times and places as the board may determine. The examination of applicants for any license under this chapterarticle must be conducted pursuant to regulations promulgated by the board and shall include both practical demonstrations and written tests on subjects the board determines to be necessary. Examinations must be consistent with the prescribed curriculum and the practical and theoretical requirements of the profession of cosmetology as prescribed in this chapterarticle.

 

SECTION 13. Section 40-13-260 of the S.C. Code is amended to read:

 

    Section 40-13-260. (A) Schools and salons shall display appropriate signs over the entrance to their establishments designating the nature of the establishment. No school may operate in conjunction with a salon or any other business or have doors which interconnect with salons or other businesses.

    (B) This chapterarticle may not be construed to affect the operation of any beauty salon, licensed on May 11, 1966, located in a private residence insofar as provisions for separate toilet facilities and separate entrances are concerned.

 

SECTION 14. Section 40-13-360 of the S.C. Code is amended to read:

 

    Section 40-13-360. The following are exempt from this chapter while engaged in the proper discharge of their professional duties:

    (1) a manufacturer's representative or sales person who demonstrates a product or technique for a promotional purpose;

    (2) an educational activity conducted in connection with a monthly, annual, or other special program from which the general public is excluded, provided this exemption applies only to the specific days of the special program;

    (3) a demonstration conducted by a manufacturer or a wholesaler for the purpose of exhibiting the technical application and use of a product;  and

    (4) an unlicensed person employed in a cosmetology salon whose duties are expressly confined to shampooing hair under the direct supervision of a cosmetologist.

 

SECTION 15. Chapter 13, Title 40 of the S.C. Code is amended by adding:

 

    Section 40-13-25.  A person currently licensed to practice in another state or territorial possession of the United States, or the District of Columbia, whose license is in good standing, may be issued a license in this State by endorsement upon submission of an application and the applicable fee, and showing that the person has:

    (1) satisfactorily passed a nationally recognized examination for entry into the profession; or

    (2)(a) been licensed for at least two years in another state or territorial possession of the United States or the District of Columbia, and

       (b) completes four hours of board-approved continuing education, either in person or online, in South Carolina state laws and regulations, client safety, and/or infection control to include sanitation and disinfection. Completion of these hours will also satisfy the continuing education requirements for renewal of this license for the subsequent licensing period immediately following the issuance of the license.

 

SECTION 16. (A) On July 1, 2027, all functions, powers, and duties provided by law to the Board of Barber Examiners are hereby transferred to the Board of Cosmetology and Barbering, and these functions, powers, and duties are devolved upon the Board of Cosmetology and Barbering. The officers, members, records, property, personnel, and unexpended appropriations of the Board of Barber Examiners also are transferred to the Board of Cosmetology and Barbering.

    (B) On July 1, 2027, the terms of the members of:

       (1) the Board of Barber Examiners then serving terminate; and

       (2) the Board of Cosmetology then serving terminate.

    (C) On July 1, 2027, regulations promulgated by the Board of Barber Examiners under the authority of former provisions of Chapter 7, Title 40 of the S.C. Code repealed by SECTION 17 of this act are:

       (1) continued and are considered to be promulgated under the authority of present provisions of law pertaining to it in this act; and

       (2) transferred to and devolved upon to the Board of Cosmetology and Barbering.

    (D) On July 1, 2027, licenses, certificates of registration, and any other credentials issued under the authority of former provisions of Chapter 7, Title 40 of the S.C. Code repealed by SECTION 17 of this act are transferred to the Board of Cosmetology and Barbering, as are their renewal cycles, continuing education requirements, and disciplinary investigations, which must remain valid.

 

SECTION 17. (A) Chapter 13, Title 40 of the S.C. Code is redesignated "Barbers and Cosmetologists."

 

    (B) Sections 40-13-5 through 40-13-210 of the S.C. Code are designated "Article 1, entitled General Provisions".

    (C) Sections 40-13-230 through 40-13-360 of the S.C. Code are designated "Article 3, entitled Cosmetologists and Cosmetology."

 

SECTION 18. Chapter 7, Title 40 of the S.C. Code is repealed.

 

SECTION 19. This act takes effect July 1, 2027.

Renumber sections to conform.

Amend title to conform.

 

WILLIAM HERBKERSMAN for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill removes the apprenticeship requirement for barber licensure. Currently, prior to obtaining a barber license, an individual must practice as a registered barber apprentice for twelve months, which must include 1,920 hours of practice.

LLR anticipates that the bill will have no expenditure impact on the agency as it does not alter the responsibilities of the agency or the Board of Barber Examiners. For reference, there are currently 1,971 registered barbers and 174 registered barber apprentices in South Carolina.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-7-230, RELATING TO REQUIREMENTS FOR LICENSURE AS A BARBER, SO AS TO REMOVE THE APPRENTICESHIP REQUIREMENT.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 40-7-230(C) of the S.C. Code is amended to read:

 

    (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)(3) 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.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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