PRIOR PRINTER'S NO. 1205 PRINTER'S NO. 1959
No. 1049 Session of 2005
INTRODUCED BY YEWCIC, CALTAGIRONE, FORCIER, HALUSKA, KOTIK,
NAILOR, PHILLIPS, ROBERTS, ROHRER, SHANER, SOLOBAY, STERN,
WASHINGTON, WATERS, WHEATLEY, NICKOL, JAMES, GEIST, SCAVELLO,
CREIGHTON, CLYMER, MACKERETH, O'NEILL, SAYLOR, PALLONE,
CIVERA, CRAHALLA, PAYNE AND GINGRICH, MARCH 21, 2005
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 11, 2005
AN ACT
1 Amending the act of June 19, 1931 (P.L.589, No.202), entitled,
2 as amended, "An act to promote the public health and safety,
3 by providing for the examination and licensure of those who
4 desire to engage in the profession of barbering; regulating
5 barber shops and barber schools, and students therein;
6 regulating compensation for service rendered; conferring
7 certain powers and duties on the Department of State; and
8 providing penalties," further providing for licensing
9 requirements.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 12 of the act of June 19, 1931 (P.L.589,
13 No.202), referred to as the Barbers' License Law, amended June
14 30, 1984 (P.L.494, No.101), and June 28, 1996 (P.L.426, No.63),
15 is amended to read:
16 Section 12. (a) (1) Except for shops licensed under
17 section 13(b) and for one-barber shops, which shall be operated
18 by a licensed barber, all other barber shops shall at all times
19 be under the immediate supervision of a manager-barber[.] or an <--
1 individual designated in charge of the shop in the shop owner's
2 absence. A shop owner shall designate an individual in charge of
3 the shop in the shop owner's absence. The name of the shop owner
4 and the designated individual shall be posted in a conspicuous
5 place in the barber shop. The shop owner or the designated
6 individual shall be readily available to board inspectors during
7 regular business hours. OR A LICENSEE DESIGNATED IN CHARGE OF <--
8 THE SHOP. A SHOP OWNER SHALL DESIGNATE A MANAGER-BARBER OR OTHER
9 LICENSEE IN CHARGE OF THE SHOP. THE NAME OF THE SHOP OWNER AND
10 THE MANAGER-BARBER OR THE DESIGNATED LICENSEE SHALL BE POSTED IN
11 A CONSPICUOUS PLACE IN THE BARBER SHOP. THE SHOP OWNER, MANAGER-
12 BARBER OR DESIGNATED LICENSEE SHALL BE READILY AVAILABLE TO
13 BOARD INSPECTORS DURING REGULAR BUSINESS HOURS. In barber shops
14 where students are supervised by a manager-barber there shall be
15 no more than one student per barber shop. In barber shops where
16 students are supervised by a barber-teacher there shall be no
17 more than one student per barber-teacher. In no case shall there
18 be more than two students per barber shop. All barber schools
19 shall keep prominently displayed at every entrance to said
20 school a sign reading "Barber School." Any copartnership,
21 corporation, or person desiring to operate or conduct a barber
22 shop or barber school, shall first secure from the board a
23 license to do so, and shall keep the same prominently displayed.
24 Both the fee for registration of each barber school and the
25 annual renewal fee shall be determined by regulation. The board
26 may pass upon the qualifications, appointments, and course of
27 study in said school, which shall be not less than one thousand
28 two hundred fifty (1250) hours and not less than nine months.
29 All barber schools shall have not less than one licensed teacher
30 for every twenty students, and in no case less than one full-
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1 time teacher, who shall be in attendance at all times during the
2 hours the school is open for instruction. This section does not
3 prohibit an owner who is a cosmetologist from employing a barber
4 without the requirement that a manager-barber also be employed.
5 (2) Any person who holds a license to operate or conduct a
6 barber shop or barber school, who shall fail to apply for a
7 renewal of his or her license and who continues to operate or
8 conduct a barber shop or barber school, shall, on summary
9 conviction thereof, be sentenced to pay a fine not to exceed
10 three hundred dollars, or to undergo an imprisonment for a
11 period not exceeding ninety days, or both.
12 (b) No school of barbering shall be granted a license or
13 renewal unless it requires as a prerequisite to admission
14 thereto, graduation from the eighth grade in a secondary school
15 or its equivalent, and it shall attach to its staff, as a part-
16 time teacher, a person licensed by the Commonwealth to practice
17 medicine, and employ and maintain a sufficient number of
18 licensed teachers and shall possess apparatus and equipment
19 sufficient for the proper and full teaching of all subjects of
20 its curriculum; shall keep a daily record of the attendance of
21 each student; shall maintain regular class and instruction
22 hours, which shall not be less than seven nor more than eight
23 hours per day when the school is open for instruction; shall
24 establish grades and hold examination before issuance of
25 diplomas; and shall be required to maintain a course of study
26 requiring not less than one thousand two hundred fifty hours for
27 completion in not less than nine months; and shall comprise all
28 of the subjects pertaining to barbering, the barber laws of this
29 State, and the rules and regulations adopted by the board; and
30 shall include practical demonstrations and theoretical studies
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1 and studies in sanitation, sterilization and the use of
2 antiseptics, cosmetics, and electrical appliances, consistent
3 with the practical and theoretical requirements as applicable to
4 barbering or any practice thereof.
5 (b.1) Upon renewal of the license, the school owner shall
6 supply an affidavit stating at the time of renewal that the
7 school is in compliance with this act and the rules and
8 regulations promulgated under this act.
9 (c) No school of barbering shall permit its students to
10 practice barbering on the public under any circumstances, except
11 by way of clinical work upon persons willing to submit
12 themselves to such practice, after first being properly informed
13 that the operator is a student. No school of barbering shall
14 directly or indirectly charge any money whatsoever for treatment
15 by its students and shall only charge the reasonable costs of
16 materials used in such treatment.
17 Section 2. This act shall take effect in 60 days.
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