SENATE AMENDED PRIOR PRINTER'S NOS. 1205, 1959 PRINTER'S NO. 2884
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
SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, IN SENATE, AS AMENDED, OCTOBER 19, 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 LICENSE <-- 9 APPLICATION FOR BARBER-TEACHER, FOR EXAMINATION AND for 10 licensing requirements. 11 The General Assembly of the Commonwealth of Pennsylvania 12 hereby enacts as follows: 13 Section 1. Section 12 of the act of June 19, 1931 (P.L.589, <-- 14 No.202), referred to as the Barbers' License Law, amended June 15 30, 1984 (P.L.494, No.101), and June 28, 1996 (P.L.426, No.63), 16 is amended to read: 17 SECTION 1. SECTIONS 3(D) AND 6(A) OF THE ACT OF JUNE 19, <-- 18 1931 (P.L.589, NO.202), REFERRED TO AS THE BARBERS' LICENSE LAW, 19 AMENDED JUNE 30, 1984 (P.L.494, NO.101), ARE AMENDED TO READ:
1 SECTION 3. * * * 2 (D) THE APPLICANT FOR A BARBER-TEACHER'S LICENSE SHALL, AS A 3 CONDITION PRECEDENT TO OBTAINING A LICENSE, TAKE THE BARBER- 4 TEACHER'S LICENSE EXAMINATION AND SCORE A PASSING GRADE. PRIOR 5 TO TAKING THE EXAMINATION, THE APPLICANT SHALL BE AT LEAST 6 TWENTY-THREE YEARS OF AGE, BE A HIGH SCHOOL GRADUATE OR ITS 7 EQUIVALENT, AND EITHER HAVE HAD FIVE YEARS' EXPERIENCE AS A 8 LICENSED BARBER IN A LICENSED BARBER SHOP OR SHARED SHOP AS SET 9 FORTH IN SECTION 15-A.3 IN PENNSYLVANIA, OR BE A MANAGER-BARBER 10 WHO HAS TRAINED FOR ONE THOUSAND TWO HUNDRED FIFTY (1250) HOURS 11 UNDER A LICENSED TEACHER IN A LICENSED BARBER SCHOOL AS A 12 TEACHER-TRAINEE. A NOTARIZED APPLICATION FOR A LICENSE AS A 13 BARBER-TEACHER SHALL BE MADE IN SUCH FORM AS THE BOARD SHALL 14 PRESCRIBE. [THE APPLICATION SHALL BE ACCOMPANIED BY A NOTARIZED 15 STATEMENT FROM A LICENSED PHYSICIAN THAT THE APPLICANT WAS 16 EXAMINED BY THE PHYSICIAN, A TEST OF THE APPLICANT'S BLOOD WAS 17 MADE AND THE RESULTS OF THAT TEST AND THE APPLICANT IS FREE FROM 18 ALL CONTAGIOUS AND INFECTIOUS DISEASES.] THE APPLICATION SHALL 19 BE ACCOMPANIED BY A NOTARIZED STATEMENT, BY EITHER THE OWNER OR 20 MANAGER OF THE SHOP IN WHICH THE APPLICANT HAS BEEN EMPLOYED 21 THAT THE APPLICANT HAS HAD FIVE YEARS EXPERIENCE AS A LICENSED 22 BARBER IN A LICENSED BARBER SHOP OR SHARED SHOP AS SET FORTH IN 23 SECTION 15-A.3 IN THIS COMMONWEALTH OR BY THE LICENSED BARBER 24 SCHOOL THE TEACHER-TRAINEE ATTENDED, THAT THE APPLICANT HAS BEEN 25 LICENSED AS A MANAGER-BARBER AND TRAINED FOR ONE THOUSAND TWO 26 HUNDRED FIFTY (1250) HOURS UNDER A LICENSED TEACHER IN A 27 LICENSED BARBER SCHOOL AS A TEACHER-TRAINEE. THE BOARD SHALL NOT 28 HAVE THE POWER TO REQUIRE A PHOTOGRAPH AS PART OF AN APPLICATION 29 FOR A BARBER-TEACHER'S LICENSE. AT THE TIME OF FILING THE 30 APPLICATION AND ACCOMPANYING NOTARIZED STATEMENTS, THE APPLICANT 20050H1049B2884 - 2 -
1 SHALL PAY TO THE DEPARTMENT AN EXAMINATION FEE TO BE DETERMINED 2 BY REGULATION AND SHALL PRESENT HIMSELF OR HERSELF AT THE NEXT 3 EXAMINATION OF APPLICANTS AS PROVIDED IN SECTION 6. 4 SECTION 6. (A) EXAMINATIONS SHALL BE HELD [ON THE SECOND 5 MONDAYS IN MARCH, JUNE, SEPTEMBER AND DECEMBER,] AT LEAST FOUR 6 TIMES A YEAR IN THE METROPOLITAN AREAS OF PHILADELPHIA, 7 PITTSBURGH, SCRANTON, HARRISBURG AND ERIE, AT SUCH HOURS AS THE 8 BOARD SHALL PRESCRIBE. 9 * * * 10 SECTION 2. SECTION 12 OF THE ACT, AMENDED JUNE 30, 1984 11 (P.L.494, NO.101) AND JUNE 28, 1996 (P.L.426, NO.63), IS AMENDED 12 TO READ: 13 Section 12. (a) (1) Except for shops licensed under 14 section 13(b) and for one-barber shops, which shall be operated 15 by a licensed barber, all other barber shops shall at all times 16 be under the immediate supervision of a manager-barber[.] or a 17 licensee designated in charge of the shop. A shop owner shall 18 designate a manager-barber or other licensee in charge of the 19 shop. The name of the shop owner and the manager-barber or the 20 designated licensee shall be posted in a conspicuous place in 21 the barber shop. The shop owner, manager-barber or designated 22 licensee shall be readily available to board inspectors during 23 regular business hours. In barber shops where students are 24 supervised by a manager-barber there shall be no more than one 25 student per barber shop. In barber shops where students are 26 supervised by a barber-teacher there shall be no more than one 27 student per barber-teacher. In no case shall there be more than 28 two students per barber shop. All barber schools shall keep 29 prominently displayed at every entrance to said school a sign 30 reading "Barber School." Any copartnership, corporation, or 20050H1049B2884 - 3 -
1 person desiring to operate or conduct a barber shop or barber 2 school, shall first secure from the board a license to do so, 3 and shall keep the same prominently displayed. Both the fee for 4 registration of each barber school and the annual renewal fee 5 shall be determined by regulation. The board may pass upon the 6 qualifications, appointments, and course of study in said 7 school, which shall be not less than one thousand two hundred 8 fifty (1250) hours and not less than nine months. All barber 9 schools shall have not less than one licensed teacher for every 10 twenty students, and in no case less than one full-time teacher, 11 who shall be in attendance at all times during the hours the 12 school is open for instruction. This section does not prohibit 13 an owner who is a cosmetologist from employing a barber without 14 the requirement that a manager-barber also be employed. 15 (2) Any person who holds a license to operate or conduct a 16 barber shop or barber school, who shall fail to apply for a 17 renewal of his or her license and who continues to operate or 18 conduct a barber shop or barber school, shall, on summary 19 conviction thereof, be sentenced to pay a fine not to exceed 20 three hundred dollars, or to undergo an imprisonment for a 21 period not exceeding ninety days, or both. 22 (b) No school of barbering shall be granted a license or 23 renewal unless it requires as a prerequisite to admission 24 thereto, graduation from the eighth grade in a secondary school 25 or its equivalent, and it shall attach to its staff, as a part- 26 time teacher, a person licensed by the Commonwealth to practice 27 medicine, and employ and maintain a sufficient number of 28 licensed teachers and shall possess apparatus and equipment 29 sufficient for the proper and full teaching of all subjects of 30 its curriculum; shall keep a daily record of the attendance of 20050H1049B2884 - 4 -
1 each student; shall maintain regular class and instruction
2 hours[, which shall not be less than seven nor more than eight <--
3 hours per day when the school is open for instruction]; shall <--
4 establish grades and hold examination before issuance of
5 diplomas; and shall be required to maintain a course of study
6 requiring not less than one thousand two hundred fifty hours for
7 completion in not less than nine months; and shall comprise all
8 of the subjects pertaining to barbering, the barber laws of this
9 State, and the rules and regulations adopted by the board; and
10 shall include practical demonstrations and theoretical studies
11 and studies in sanitation, sterilization and the use of
12 antiseptics, cosmetics, and electrical appliances, consistent
13 with the practical and theoretical requirements as applicable to
14 barbering or any practice thereof.
15 (b.1) Upon renewal of the license, the school owner shall
16 supply an affidavit stating at the time of renewal that the
17 school is in compliance with this act and the rules and
18 regulations promulgated under this act.
19 (c) No school of barbering shall permit its students to
20 practice barbering on the public under any circumstances, except
21 by way of clinical work upon persons willing to submit
22 themselves to such practice, after first being properly informed
23 that the operator is a student. No school of barbering shall
24 directly or indirectly charge any money whatsoever for treatment
25 by its students and shall only charge the reasonable costs of
26 materials used in such treatment.
27 Section 2 3. This act shall take effect in 60 days. <--
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