PRINTER'S NO. 246
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
246
Session of
2015
INTRODUCED BY DUNBAR, CALTAGIRONE, COHEN, DAVIDSON, EVANKOVICH,
GABLER, J. HARRIS, JAMES AND MURT, JANUARY 28, 2015
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
JANUARY 28, 2015
AN ACT
Amending the act of June 19, 1931 (P.L.589, No.202), entitled,
as amended, "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. Section 3(c) and (d) of the act of June 19, 1931
(P.L.589, No.202), referred to as the Barbers' License Law,
amended June 30, 1984 (P.L.494, No.101) and December 22, 2005
(P.L.446, No.84), are amended to read:
Section 3. * * *
(c) (1) Each applicant for a manager-barber's license
shall, as a condition precedent to obtaining a license, take the
manager-barber's license examination and score a passing grade.
Prior to taking the examination, the applicant shall have
completed the eighth grade or its equivalent and actively
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engaged in the practice of barbering, as a licensed barber, for
one or more years. The board shall properly notify every
licensed barber that if he or she has been actively engaged in
the practice of barbering he or she shall, upon filing an
application therefor prior to January 1, 1981, be licensed as a
manager-barber without examination. A notarized application for
a license as a manager-barber shall be made in such form as the
board shall prescribe. The application shall be accompanied by a
notarized statement, from either the owner or manager of the
licensed barber shop or shared shop as set forth in section 15-
A.3 in which the applicant has been employed, that the applicant
has been actively engaged in the practice of barbering, as a
licensed barber, for one or more years. The board shall not have
the power to require a photograph as part of an application for
a manager-barber's license. At the time of filing the
application and accompanying notarized statement, 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) A barber licensee who possesses a minimum of three
years' experience or a manager-barber licensee who possesses a
minimum of one year's experience as a manager-barber as of
January 1, 2015, and has no record of disciplinary action, at
the expiration of the biennial licensure period next following
the effective date of this paragraph, may opt to become licensed
as a barber-teacher without examination, upon application and
payment of the required fee.
(d) The 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
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to taking the examination, the applicant shall be at least
[twenty-three] eighteen years of age, be a high school graduate
or its 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.
Section 2. Section 3.2 of the act, amended June 30, 1984
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(P.L.494, No.101), is amended to read:
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 3. Section 13(a) of the act, amended December 7,
1994 (P.L.855, No.123), is amended to read:
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
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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 4. Section 13.1 of the act, added May 3, 1991
(P.L.7, No.4), is amended to read:
Section 13.1. Upon payment of a required fee, a temporary
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 5. Section 15-A.3(b) of the act, amended June 14,
1991 (P.L.66, No.8), is amended to read:
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 6. This act shall take effect in 60 days.
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