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PRINTER'S NO. 342
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
255
Session of
2019
INTRODUCED BY MAKO, DUNBAR, JAMES, HELM, HILL-EVANS AND
ZIMMERMAN, FEBRUARY 5, 2019
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
FEBRUARY 5, 2019
AN ACT
Amending the act of June 19, 1931 (P.L.589, No.202), entitled
"An act to promote the public health and safety, by providing
for the examination and licensure of those who desire to
engage in the profession of barbering; regulating barber
shops and barber schools, and students therein; regulating
compensation for service rendered; conferring certain powers
and duties on the Department of State; and providing
penalties," further providing for licensure of manager-
barbers and barber-teachers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3(d), 3.2, 4(a) and (b), 13(a), 13.1 and
15-A.3(b) of the act of June 19, 1931 (P.L.589, No.202),
referred to as the Barbers' License Law, are amended to read:
Section 3. * * *
(d) [The] (1) Except as provided in paragraph (2), an
applicant for a barber-teacher's license shall, as a condition
precedent to obtaining a license, take the barber-teacher's
license examination and score a passing grade. Prior to taking
the examination, the applicant shall be at least [twenty-three]
eighteen years of age, be a high school graduate or its
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equivalent, and either have had five years' experience as a
licensed barber in a licensed barber shop or shared shop as set
forth in section 15-A.3 in Pennsylvania, or [be a manager-
barber] who has trained for [one thousand two hundred fifty
(1250)] five hundred (500) hours under a licensed teacher in a
licensed barber or cosmetology school as a teacher-trainee[.],
which hours shall be in addition to the hours necessary to
qualify for a license to practice barbering. The training shall
be limited to teaching methods and need not be specifically
related to barbering. A notarized application for a license as a
barber-teacher shall be made in such form as the board shall
prescribe. The application shall be accompanied by a notarized
statement, by either the owner or manager of the shop in which
the applicant has been employed that the applicant has had five
years experience as a licensed barber in a licensed barber shop
or shared shop as set forth in section 15-A.3 in this
Commonwealth or by the licensed barber school the teacher-
trainee attended, that the applicant has [been licensed as a
manager-barber and] trained for [one thousand two hundred fifty
(1250)] five hundred (500) hours under a licensed teacher in a
licensed barber or cosmetology school as a teacher-trainee. The
board shall not have the power to require a photograph as part
of an application for a barber-teacher's license. At the time of
filing the application and accompanying notarized statements,
the applicant shall pay to the department an examination fee to
be determined by regulation and shall present himself or herself
at the next examination of applicants as provided in section 6.
(2) At the expiration of the biennial renewal period next
following the effective date of this paragraph, a manager-barber
licensee who possesses a minimum of three years' experience as a
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manager-barber as of January 1, 2018, and has no record of
disciplinary action may opt to become licensed as a barber-
teacher without meeting the training and examination
requirements in paragraph (1), upon application and payment of
the required fee.
Section 3.2. (a) If a licensed cosmetologist wishes to
become a licensed barber, he or she shall have successfully
completed the one thousand two hundred fifty (1,250)-hour
cosmetology training course or shall possess a current license
as a cosmetologist. Upon application to the board he or she
shall be given five hundred fifty-five (555) hours of credit for
subjects previously covered in the cosmetology training course,
which subjects shall be enumerated by joint regulation of the
State Board of Cosmetology and the board. Before such person is
permitted to take the barber practical and theory State Board
examination, he or she shall have successfully passed both the
theory and practical portions of the State Board of Cosmetology
examination.
(b) An individual currently holding both a cosmetology
license and a barber's license may obtain a barber-teacher
license if the individual completes the training and examination
required for licensure as either a barber-teacher or a
cosmetology teacher.
Section 4. (a) A barber or a barber-teacher currently
licensed in another state with substantially the same licensure
requirements as Pennsylvania shall be granted a Pennsylvania
barber or barber-teacher license without an examination upon
payment of the fee. The aforesaid provision shall only be
effective when a mutual reciprocal agreement has been executed
between the respective state licensing boards.
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(b) A barber or barber-teacher applicant currently licensed
in another state not recognized by a reciprocal agreement shall
be eligible for the barber or barber-teacher examination upon
approval of the board which approval shall not be arbitrarily
withheld. The examination shall consist of barber law, rules and
regulations. Should the examinee fail to pass the examination,
upon payment of the required fee, the examinee may take another
examination if the examinee so desires. In no event shall the
examinee be permitted to practice barbering until the examinee
has received a barber's license.
* * *
Section 13. (a) No person shall practice barbering who is
not a licensed barber, with the exception that nonlicensed
persons may shampoo hair under the supervision of a barber-
manager [or], barber-owner or barber-teacher. No licensed barber
shall practice, or attempt to practice, barbering in any place
other than a licensed barber shop or licensed cosmetology shop,
except that any licensed barber in a licensed barber shop or
licensed cosmetology shop may furnish barber services to persons
at their place of residence or in institutions in cases of
sickness, incapacitation, confinement, and other emergencies:
Provided, however, That nothing contained in this section shall
be construed to include family members of the same household,
hospitals or colleges, and private schools for children,
cosmetology shops or schools of cosmetology, except that it
shall be unlawful and a violation of this act for any person to
employ or to accept employment, in any such shops, parlors or
schools, who has been refused a license by the board.
* * *
Section 13.1. Upon payment of a required fee, a temporary
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license may be issued to any applicant who is eligible for
admission to the barber's examination. An applicant who is thus
licensed shall practice only under the supervision of a licensed
manager-barber or barber-teacher until results are available
from the next scheduled examination. Temporary licenses are
granted for a nine-month period.
Section 15-A.3. * * *
[(b) A barber shop licensee who shall employ a licensed
cosmetologist shall also be a licensed barber-manager or employ
a barber-manager.]
* * *
Section 2. This act shall take effect in 60 days.
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