AN ACT

 

1Amending the act of June 19, 1931 (P.L.589, No.202), entitled,
2as amended, "An act to promote the public health and safety,
3by providing for the examination and licensure of those who
4desire to engage in the profession of barbering; regulating
5barber shops and barber schools, and students therein;
6regulating compensation for service rendered; conferring
7certain powers and duties on the Department of State; and
8providing penalties," further providing for definitions; and
9providing for practice at a mobile setting.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. Section 2.1 of the act of June 19, 1931 (P.L.589,
13No.202), referred to as the Barbers' License Law, is amended by
14adding a definition to read:

15Section 2.1. The following words and phrases when used in
16this act shall have the meanings given to them in this section
17unless the context clearly indicates otherwise:

18* * *

19"Mobile setting." An individual's residence, a public area 
20used for social events, a funeral home or a private facility or 
21institution where an individual is confined or immobile due to
 

1health reasons or similar circumstances.

2Section 2. Section 8(a) of the act, amended June 30, 1984
3(P.L.494, No.101), is amended to read:

4Section 8. (a) [The license] Licenses and permits shall be
5renewed on or before the thirtieth day of April[, 1962,] of 
6every even year for a period of two years and biennially
7thereafter, and the holders of said licenses and permits shall
8pay to the department a fee to be determined by regulation for
9renewal. Any holder of a license or permit who shall fail to
10apply for a renewal of his or her license or permit and who
11continues the practice of barbering or any of its branches,
12shall, on conviction thereof in a summary proceeding be subject
13to a fine not to exceed three hundred dollars to be collected by
14summary conviction as like fines are collected by law, or to
15undergo an imprisonment for a period of not more than ninety
16days, or both. Any such person shall have the right of appeal,
17as in other cases of summary conviction.

18* * *

19Section 3. Section 9(a) of the act, amended December 7, 1994
20(P.L.855, No.123), is amended to read:

21Section 9. (a) The board may suspend or revoke any license
22or permit granted by the department under this act to any person
23who (1) habitually indulges in the use of alcohol, narcotics, or
24other stimulants to such an extent as, in the opinion of the
25board, incapacitates such person from the duties of a barber;
26(2) has or imparts any contagious or infectious disease to any
27recipient of such person's services as a barber; (3) performs
28work in an unsanitary or filthy manner or place of business; (4)
29who is grossly incompetent; (5) engages in unethical or
30dishonest practice or conduct, or violates any of the provisions

1of this act, or any rules or regulations of the board; (6)
2employs an unlicensed person; (7) charges tuition to a student
3in a licensed barber shop; or (8) fails to submit to an
4inspection of his or her shop during hours of the shop. Before
5any such license or permit shall be suspended or revoked for any
6of the reasons contained in this section, the holder thereof
7shall have notice in writing of the charge or charges against
8him or her, and shall be given a public hearing before a duly
9authorized representative of the board with a full opportunity
10to produce testimony in his or her behalf and to confront the
11witnesses against him or her. Any person whose license or permit
12has been so suspended may, on application, have the same
13reissued to him or her upon satisfactory showing that the
14disqualification has ceased. Any person whose license or permit
15was suspended for having or imparting any contagious or
16infectious disease shall not have his or her license or permit
17reissued for a period of at least one year, and then only after
18the person has submitted to the board a notarized statement from
19a licensed physician that he or she is free from contagious or
20infectious disease.

21* * *

22Section 4. Section 13(a) of the act, amended December 7,
231994 (P.L.855, No.123), is amended to read:

24Section 13. (a) No person shall practice barbering who is
25not a licensed barber, with the exception that nonlicensed
26persons may shampoo hair under the supervision of a barber-
27manager or barber-owner. [No] Except as set forth in section 15-
28A.4(c), no licensed barber shall practice, or attempt to
29practice, barbering in any place other than a licensed barber
30shop or licensed cosmetology shop[, except that any licensed

1barber in a licensed barber shop or licensed cosmetology shop
2may furnish barber services to persons at their place of
3residence or in institutions in cases of sickness,
4incapacitation, confinement, and other emergencies: Provided,
5however, That nothing contained in this section shall be
6construed to include family members of the same household,
7hospitals or colleges, and private schools for children,
8cosmetology shops or schools of cosmetology, except that it]. It
9shall be unlawful and a violation of this act for any person to
10employ or to accept employment, in any such shops, parlors or
11schools, who has been refused a license by the board.

12* * *

13Section 5. Section 15-A.4 of the act is amended by adding a
14subsection to read:

15Section 15-A.4. * * *

16(c) A licensed barber may file an application with the board
17for, and the board, upon payment of the required fee, shall
18issue a permit to practice at a mobile setting. Only one permit
19may be issued to a licensed barber shop. The permit shall expire
20when the barber shop license expires and may be renewed upon
21renewing the barber shop license as provided in section 8. A
22licensed barber holding a permit under this subsection shall:

23(1) comply with all sanitation requirements;

24(2) maintain an appointment book at the licensed barber shop
25showing that appointments were made prior to services being
26performed;

27(3) provide barbering services in a mobile setting through
28licensed barbers who are employed by the shop;

29(4) display the permit and the license of the individual
30barber while practicing at the mobile setting; and

1(5) maintain a shop as required by this act.

2Section 6. This act shall take effect in 60 days.