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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY NEUMAN, DUNBAR, CALTAGIRONE, CARROLL, D. COSTA, CRUZ, DALEY, DEASY, GILLEN, GODSHALL, GROVE, HARKINS, W. KELLER, KOTIK, MATZIE, MURT, READSHAW, REESE, SACCONE, SCHMOTZER, STABACK, SWANGER, THOMAS, WILLIAMS AND YOUNGBLOOD, JUNE 13, 2012 |
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| REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 13, 2012 |
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| AN ACT |
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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 licensure of |
9 | manager-barbers and barber-teachers. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Section 3(c) and (d) of the act of June 19, 1931 |
13 | (P.L.589, No.202), referred to as the Barbers' License Law, |
14 | amended June 30, 1984 (P.L.494, No.101) and December 22, 2005 |
15 | (P.L.446, No.84), are amended to read: |
16 | Section 3. * * * |
17 | (c) (1) Each applicant for a manager-barber's license |
18 | shall, as a condition precedent to obtaining a license, take the |
19 | manager-barber's license examination and score a passing grade. |
20 | Prior to taking the examination, the applicant shall have |
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1 | completed the eighth grade or its equivalent and actively |
2 | engaged in the practice of barbering, as a licensed barber, for |
3 | one or more years. The board shall properly notify every |
4 | licensed barber that if he or she has been actively engaged in |
5 | the practice of barbering he or she shall, upon filing an |
6 | application therefor prior to January 1, 1981, be licensed as a |
7 | manager-barber without examination. A notarized application for |
8 | a license as a manager-barber shall be made in such form as the |
9 | board shall prescribe. The application shall be accompanied by a |
10 | notarized statement, from either the owner or manager of the |
11 | licensed barber shop or shared shop as set forth in section 15- |
12 | A.3 in which the applicant has been employed, that the applicant |
13 | has been actively engaged in the practice of barbering, as a |
14 | licensed barber, for one or more years. The board shall not have |
15 | the power to require a photograph as part of an application for |
16 | a manager-barber's license. At the time of filing the |
17 | application and accompanying notarized statement, the applicant |
18 | shall pay to the department an examination fee to be determined |
19 | by regulation and shall present himself or herself at the next |
20 | examination of applicants as provided in section 6. |
21 | (2) (i) Beginning one year after the effective date of this |
22 | paragraph, the issuance of new manager-barber licenses shall be |
23 | discontinued. Barbers in the process of obtaining manager-barber |
24 | licenses may complete the licensure process during that period. |
25 | An individual who holds a license as a manager-barber one year |
26 | following the effective date of this paragraph may continue to |
27 | renew the individual's manager-barber license. |
28 | (ii) A manager-barber licensee who possesses a minimum of |
29 | five years' experience as a manager-barber as of January 1, |
30 | 2013, and has no record of disciplinary action, at the |
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1 | expiration of the biennial licensure period next following the |
2 | effective date of this paragraph, may opt to become licensed as |
3 | a barber-teacher without examination, upon application and |
4 | payment of the required fee. |
5 | (d) The applicant for a barber-teacher's license shall, as a |
6 | condition precedent to obtaining a license, take the barber- |
7 | teacher's license examination and score a passing grade. Prior |
8 | to taking the examination, the applicant shall be at least |
9 | [twenty-three] eighteen years of age, be a high school graduate |
10 | or its equivalent, and either have had five years' experience as |
11 | a licensed barber in a licensed barber shop or shared shop as |
12 | set forth in section 15-A.3 in Pennsylvania, or [be a manager- |
13 | barber] who has trained for [one thousand two hundred fifty |
14 | (1250)] five hundred (500) hours under a licensed teacher in a |
15 | licensed barber or cosmetology school as a teacher-trainee, |
16 | which hours shall be in addition to the hours necessary to |
17 | qualify for a license to practice barbering. The training shall |
18 | be limited to teaching methods and shall not be specifically |
19 | related to barbering. A notarized application for a license as a |
20 | barber-teacher shall be made in such form as the board shall |
21 | prescribe. The application shall be accompanied by a notarized |
22 | statement, by either the owner or manager of the shop in which |
23 | the applicant has been employed that the applicant has had five |
24 | years experience as a licensed barber in a licensed barber shop |
25 | or shared shop as set forth in section 15-A.3 in this |
26 | Commonwealth or by the licensed barber school the teacher- |
27 | trainee attended, that the applicant has [been licensed as a |
28 | manager-barber and] trained for [one thousand two hundred fifty |
29 | (1250)] five hundred (500) hours under a licensed teacher in a |
30 | licensed barber or cosmetology school as a teacher-trainee. The |
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1 | board shall not have the power to require a photograph as part |
2 | of an application for a barber-teacher's license. At the time of |
3 | filing the application and accompanying notarized statements, |
4 | the applicant shall pay to the department an examination fee to |
5 | be determined by regulation and shall present himself or herself |
6 | at the next examination of applicants as provided in section 6. |
7 | Section 2. Section 3.2 of the act, amended June 30, 1984 |
8 | (P.L.494, No.101), is amended to read: |
9 | Section 3.2. (a) If a licensed cosmetologist wishes to |
10 | become a licensed barber, he or she shall have successfully |
11 | completed the one thousand two hundred fifty (1,250)-hour |
12 | cosmetology training course or shall possess a current license |
13 | as a cosmetologist. Upon application to the board he or she |
14 | shall be given five hundred fifty-five (555) hours of credit for |
15 | subjects previously covered in the cosmetology training course, |
16 | which subjects shall be enumerated by joint regulation of the |
17 | State Board of Cosmetology and the board. Before such person is |
18 | permitted to take the barber practical and theory State Board |
19 | examination, he or she shall have successfully passed both the |
20 | theory and practical portions of the State Board of Cosmetology |
21 | examination. |
22 | (b) An individual currently holding both a cosmetology |
23 | license and a barber's license may obtain a barber-teacher |
24 | license if the individual completes the training and examination |
25 | required for licensure as either a barber-teacher or a |
26 | cosmetology teacher. |
27 | Section 3. Section 13(a) of the act, amended December 7, |
28 | 1994 (P.L.855, No.123), is amended to read: |
29 | Section 13. (a) No person shall practice barbering who is |
30 | not a licensed barber, with the exception that nonlicensed |
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1 | persons may shampoo hair under the supervision of a [barber- |
2 | manager or] barber-owner. No licensed barber shall practice, or |
3 | attempt to practice, barbering in any place other than a |
4 | licensed barber shop or licensed cosmetology shop, except that |
5 | any licensed barber in a licensed barber shop or licensed |
6 | cosmetology shop may furnish barber services to persons at their |
7 | place of residence or in institutions in cases of sickness, |
8 | incapacitation, confinement, and other emergencies: Provided, |
9 | however, That nothing contained in this section shall be |
10 | construed to include family members of the same household, |
11 | hospitals or colleges, and private schools for children, |
12 | cosmetology shops or schools of cosmetology, except that it |
13 | shall be unlawful and a violation of this act for any person to |
14 | employ or to accept employment, in any such shops, parlors or |
15 | schools, who has been refused a license by the board. |
16 | * * * |
17 | Section 4. Section 13.1 of the act, added May 3, 1991 |
18 | (P.L.7, No.4), is amended to read: |
19 | Section 13.1. Upon payment of a required fee, a temporary |
20 | license may be issued to any applicant who is eligible for |
21 | admission to the barber's examination. An applicant who is thus |
22 | licensed shall practice only under the supervision of a |
23 | [licensed manager-barber] licensed barber or barber-teacher |
24 | until results are available from the next scheduled examination. |
25 | Temporary licenses are granted for a nine-month period. |
26 | Section 5. Section 15-A.3(b) of the act, amended June 14, |
27 | 1991 (P.L.66, No.8), is amended to read: |
28 | Section 15-A.3. * * * |
29 | [(b) A barber shop licensee who shall employ a licensed |
30 | cosmetologist shall also be a licensed barber-manager or employ |
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1 | a barber-manager.] |
2 | * * * |
3 | Section 6. This act shall take effect in 60 days. |
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