PRIOR PRINTER'S NO. 3556 PRINTER'S NO. 3765
No. 2725 Session of 1994
INTRODUCED BY CIVERA, STRITTMATTER, ARMSTRONG, ROHRER, ADOLPH,
MICOZZIE, RAYMOND, WAUGH, TOMLINSON, ALLEN, BOYES AND GANNON,
APRIL 18, 1994
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 24, 1994
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 the definition of <--
9 "barbering" and for exceptions to the licensure requirement.
10 SUSPENSION OR REVOCATION OF A LICENSE, FOR SUPERVISION OF <--
11 SHOPS AND FOR REQUIREMENT TO HOLD A LICENSE.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. The definition of "barbering" in section 2.1 of <--
15 the act of June 19, 1931 (P.L.589, No.202), referred to as the
16 Barbers' License Law, added June 30, 1984 (P.L.494, No.101), is
17 amended to read:
18 Section 2.1. The following words and phrases when used in
19 this act shall have the meanings given to them in this section
20 unless the context clearly indicates otherwise:
21 * * *
1 "Barbering." To perform any or all of the following tasks
2 for compensation: to shave or trim the beard; to cut, shape,
3 trim or blend the hair with the proper tools or instruments
4 designed for this purpose; to shape the eyebrows, to give facial
5 and scalp massaging, facial and scalp treatment, with any
6 preparations made for this purpose, either by hand or by
7 mechanical or electrical appliances; to singe and shampoo the
8 hair or apply any makes of hair cream, hair lotions or hair
9 tonics; to dye, color or bleach the hair and to perform any
10 service on a wig or hairpiece; to style and to render hair
11 straightening, hair processing, hair weaving, hair waving and
12 curling, with such methods as: manual, mechanical, chemical or
13 electrical with the proper devices or proper chemical compounds
14 developed and designed for this purpose. The term shall not
15 include any or all of the above services when performed by a
16 member of one's immediate household.
17 * * *
18 SECTION 1. SECTIONS 9(A) AND 12(A)(1) OF THE ACT OF JUNE 19, <--
19 1931 (P.L.589, NO.202), REFERRED TO AS THE BARBERS' LICENSE LAW,
20 AMENDED JUNE 30, 1984 (P.L.494, NO.101), ARE AMENDED TO READ:
21 SECTION 9. (A) THE BOARD MAY SUSPEND OR REVOKE ANY LICENSE
22 GRANTED BY THE DEPARTMENT UNDER THIS ACT TO ANY PERSON WHO (1)
23 HABITUALLY INDULGES IN THE USE OF ALCOHOL, NARCOTICS, OR OTHER
24 STIMULANTS TO SUCH AN EXTENT AS, IN THE OPINION OF THE BOARD,
25 INCAPACITATES SUCH PERSON FROM THE DUTIES OF A BARBER; (2) HAS
26 OR IMPARTS ANY CONTAGIOUS OR INFECTIOUS DISEASE TO ANY RECIPIENT
27 OF SUCH PERSON'S SERVICES AS A BARBER; (3) PERFORMS WORK IN AN
28 UNSANITARY OR FILTHY MANNER OR PLACE OF BUSINESS; (4) WHO IS
29 GROSSLY INCOMPETENT; (5) ENGAGES IN UNETHICAL OR DISHONEST
30 PRACTICE OR CONDUCT, OR VIOLATES ANY OF THE PROVISIONS OF THIS
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1 ACT, OR ANY RULES OR REGULATIONS OF THE BOARD; (6) EMPLOYS AN
2 UNLICENSED PERSON; (7) CHARGES TUITION TO A STUDENT IN A
3 LICENSED BARBER SHOP; OR (8) FAILS TO SUBMIT TO AN INSPECTION OF
4 HIS OR HER SHOP DURING HOURS OF THE SHOP. BEFORE ANY SUCH
5 LICENSE SHALL BE SUSPENDED OR REVOKED FOR ANY OF THE REASONS
6 CONTAINED IN THIS SECTION, THE HOLDER THEREOF SHALL HAVE NOTICE
7 IN WRITING OF THE CHARGE OR CHARGES AGAINST HIM OR HER, AND
8 SHALL [AT A DAY SPECIFIED IN SAID NOTICE] BE GIVEN A PUBLIC
9 HEARING BEFORE A DULY AUTHORIZED REPRESENTATIVE OF THE BOARD
10 WITH A FULL OPPORTUNITY TO PRODUCE TESTIMONY IN HIS OR HER
11 BEHALF AND TO CONFRONT THE WITNESSES AGAINST HIM OR HER. ANY
12 PERSON WHOSE LICENSE HAS BEEN SO SUSPENDED MAY, ON APPLICATION,
13 HAVE THE SAME REISSUED TO HIM OR HER UPON SATISFACTORY SHOWING
14 THAT THE DISQUALIFICATION HAS CEASED. ANY PERSON WHOSE LICENSE
15 WAS SUSPENDED FOR HAVING OR IMPARTING ANY CONTAGIOUS OR
16 INFECTIOUS DISEASE SHALL NOT HAVE HIS OR HER LICENSE REISSUED
17 FOR A PERIOD OF AT LEAST ONE YEAR, AND THEN ONLY AFTER THE
18 PERSON HAS SUBMITTED TO THE BOARD A NOTARIZED STATEMENT FROM A
19 LICENSED PHYSICIAN THAT HE OR SHE IS FREE FROM CONTAGIOUS OR
20 INFECTIOUS DISEASE.
21 * * *
22 SECTION 12. (A) (1) EXCEPT FOR SHOPS LICENSED UNDER
23 SECTION 13(B) AND ONE BARBER, BARBER SHOPS WHICH SHALL BE UNDER
24 THE IMMEDIATE SUPERVISION OF A LICENSED BARBER, WHO HAS BEEN A
25 LICENSED BARBER FOR ONE YEAR, ALL OTHER BARBER SHOPS SHALL AT
26 ALL TIMES BE UNDER THE IMMEDIATE SUPERVISION OF A MANAGER-
27 BARBER. IN NO BARBER SHOP SHALL THERE BE MORE THAN ONE STUDENT.
28 ALL BARBER SCHOOLS SHALL KEEP PROMINENTLY DISPLAYED AT EVERY
29 ENTRANCE TO SAID SCHOOL A SIGN READING "BARBER SCHOOL." ANY
30 COPARTNERSHIP, CORPORATION, OR PERSON DESIRING TO OPERATE OR
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1 CONDUCT A BARBER SHOP OR BARBER SCHOOL, SHALL FIRST SECURE FROM
2 THE BOARD A LICENSE TO DO SO, AND SHALL KEEP THE SAME
3 PROMINENTLY DISPLAYED. BOTH THE FEE FOR REGISTRATION OF EACH
4 BARBER SCHOOL AND THE ANNUAL RENEWAL FEE SHALL BE DETERMINED BY
5 REGULATION. THE BOARD MAY PASS UPON THE QUALIFICATIONS,
6 APPOINTMENTS, AND COURSE OF STUDY IN SAID SCHOOL, WHICH SHALL BE
7 NOT LESS THAN ONE THOUSAND TWO HUNDRED FIFTY (1250) HOURS AND
8 NOT LESS THAN NINE MONTHS. ALL BARBER SCHOOLS SHALL HAVE NOT
9 LESS THAN ONE LICENSED TEACHER FOR EVERY TWENTY STUDENTS, AND IN
10 NO CASE LESS THAN ONE FULL-TIME TEACHER, WHO SHALL BE IN
11 ATTENDANCE AT ALL TIMES DURING THE HOURS THE SCHOOL IS OPEN FOR
12 INSTRUCTION. THIS SECTION DOES NOT PROHIBIT AN OWNER WHO IS A
13 COSMETOLOGIST FROM EMPLOYING A BARBER WITHOUT THE REQUIREMENT
14 THAT A MANAGER-BARBER ALSO BE EMPLOYED.
15 * * *
16 Section 2. Section 13 of the act, amended June 14, 1991
17 (P.L.66, No.8), is amended to read:
18 Section 13. (A) No person shall practice barbering who is <--
19 not a licensed barber, with the exception that nonlicensed
20 persons may shampoo hair under the supervision of a barber-
21 manager or barber-owner. No licensed barber shall practice, or
22 attempt to practice, barbering in any place other than a
23 licensed barber shop or licensed cosmetology shop, except that
24 any licensed barber in a licensed barber shop or licensed
25 cosmetology shop may furnish barber services to persons at their
26 place of residence or in institutions in cases of sickness,
27 incapacitation, confinement, and other emergencies: Provided,
28 however, That nothing contained in this section shall be
29 construed to include family members of the same household,
30 hospitals or colleges, [and] services provided under programs <--
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1 funded by the Department of Aging, private schools for
2 children[,] and cosmetology shops or schools of cosmetology, <--
3 except that it shall be unlawful and a violation of this act for
4 any person to employ or to accept employment, in any such shops,
5 parlors or schools, who has been refused a license by the board.
6 Section 3. This act shall be retroactive to January 1, 1994. <--
7 (B) A LICENSED BARBER OVER SIXTY-FIVE YEARS OF AGE MAY <--
8 OPERATE A ONE-CHAIR BARBER SHOP LOCATED IN A SENIOR CITIZEN
9 CENTER WHICH IS ELIGIBLE FOR FUNDING FROM THE STATE LOTTERY FUND
10 AND FOR WHICH NO MANAGER'S LICENSE SHALL BE REQUIRED: PROVIDED,
11 HOWEVER, THAT THE SHOP IS LICENSED UNDER THIS SUBSECTION AND IS
12 LOCATED WITHIN REAL PROPERTY OWNED OR LEASED BY THE MUNICIPALITY
13 WHICH OPERATES THE SENIOR CITIZEN CENTER. SHOPS LICENSED UNDER
14 THIS SUBSECTION SHALL COMPLY WITH BOARD REGULATIONS PERTAINING
15 TO SANITARY CONDITIONS, SPACE AND EQUIPMENT, EXCEPT FOR THE
16 REQUIREMENT TO DISPLAY A SIGN AND BARBER POLE. SHOPS LICENSED
17 UNDER THIS SUBSECTION SHALL DISPLAY IN A CONSPICUOUS PLACE AT
18 THE SHOP ENTRANCE A NOTICE ADVISING THE PUBLIC THAT THE SERVICES
19 THEREIN ARE AVAILABLE ONLY TO CLIENTS OF THE SENIOR CITIZEN
20 CENTER. SHOPS LICENSED UNDER THIS SUBSECTION SHALL BE SUBJECT TO
21 THE SAME FEES IMPOSED PURSUANT TO THIS ACT FOR THE ISSUANCE AND
22 BIENNIAL RENEWAL OF A BARBER SHOP LICENSE.
23 SECTION 3. THE INITIAL ISSUANCE AND BIENNIAL RENEWAL FEES
24 FOR BARBER SHOPS LICENSED UNDER THE ADDITION OF SECTION 13(B) OF
25 THE ACT SHALL BE THE SAME AS THE FEES IN EFFECT ON THE EFFECTIVE
26 DATE OF THIS ACT FOR THE ISSUANCE AND BIENNIAL RENEWAL OF A
27 BARBER SHOP LICENSE AND SHALL BE EFFECTIVE IMMEDIATELY WITHOUT
28 AMENDMENT OF THE REGULATIONS OF THE STATE BOARD OF BARBER
29 EXAMINERS.
30 Section 4. This act shall take effect immediately.
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