Neb. Admin. Code tit. 51 — Board of Barber Examiners

Chapter 1 Definitions

Neb. Admin. Code tit. 51, ch. 1 Definitions {#sec-51-nac-1 omnilex-key=us-ne-regs-official--title-51--51 NAC 1}

ADEQUATE refers to both quantity, quality and equivalent to sufficient.

ACCEPTABLE means fulfilling the needs and requirements.

APPROVED means accepted by the Board.

ASSISTANT INSTRUCTOR as defined in Neb. Rev. Stat. 71-202.01.

BARBER as defined in Neb. Rev. Stat. 71-202.01.

BARBER ACT as cited in Neb. Rev. Stat. 71-201 through 71-248.

BARBER SHOP as defined in Neb. Rev. Stat. 71-202.01.

BARBER SCHOOL OR COLLEGE as defined in Neb. Rev. Stat. 71-202.01.

BOARD as defined in Neb. Rev. Stat. 71-202.01.

BOOTH means that portion of a barber shop rented or proposed to be rented to a person who is or will be practicing barbering. A booth may be either a station in an open shop area or an enclosed suite.

BUSINESS HOURS means the office hours of the Board, Monday through Friday, from 8:00 to 5:00, exclusive of state holidays, for purposes of conducting business with the Board or meeting time requirements set by these regulations. For purposes of inspection, business hours include office hours of the Board and those hours stated as shop or booth hours on the application by the licensee or permittee.

CHANGE OF LOCATION means relocation into new surroundings not currently registered with the Board office as a barber shop, booth, or school.

CLEAN means the absence of soil or dirt or the removal of soil or dirt by washing, sweeping, clearing away or any other method. COMMON AREAS means those portions of a shop premises which all barbers performing services in the shop which may include but are not limited to: reception area, dispensing area, sinks, shampoo bowls, hair dryers and employee lounges.

DISINFECT means to use a process to destroy harmful bacteria.

EFFECTIVE DATE means the date a rule or disciplinary decision goes into effect.

ENCLOSURE means a cabinet, drawer or container.

HAIR INDUSTRY means individuals licensed as a barber or barber instructor, or in states issuing a combination form of licensure, individuals licensed as a barber-cosmetologist or a barber-cosmetology instructor.

INCOMPETENCE means lack of knowledge or skills in discharging professional obligations.

INDEPENDENT CONTRACTOR means a self-employed person who performs work for another but is subject to that person’s control only as to the result of the work, and not as to the methods or means used.

INSTRUCTOR as defined in Neb. Rev. Stat. 71-202.01.

LICENSE as defined in Neb. Rev. Stat. 71-202.01.

MANAGER as defined in Neb. Rev. Stat. 71-202.01.

MOBILE BARBER SHOP as defined in Neb. Rev. Stat. 71-202.01, which meets all applicable rules and regulations under the Barber Act applicable to barber shops except for Ch.3 003.03 in this section.

NEW BARBER SHOP means an application has been made to the Board office requesting an inspection and approval of the premises for licensing.

PRACTICAL WORK AREA means the act of performing barbering services.

PREMISES means the entire area of the shop or school which the Board has licensed and designated as a shop or school.

PROPERLY means requisite standard of competence and validity.

REGISTERED BARBER as defined in Neb. Rev. Stat. 71-202.01.

RESTORATION FEE means the annual fee assessment for an inactive license or registration.

REVOKED means the license is cancelled, voided, annulled, rescinded. The right to practice barbering is ended.

RULES AND REGULATIONS means any rules authorized to be made by the Board which have been promulgated and filed, as provided in Chapter 84, Article 9, of the Nebraska Revised Statutes.

SANITARY means free from agents of infection, disease or infestation by insects and vermin and free of soil, dust or foreign materials.

SANITIZED means rendered free of soil, dust, foreign materials and agents of disease or infestation by insects or vermin through the use of effective cleaning and disinfecting processes.

SANITIZER means a container holding a sanitizing agent which is large and deep enough to submerge tools or implements, or portions thereof, which are to be disinfected.

SECRETARY TO THE BOARD means the Director appointed by the Board who shall keep a record of the proceedings of the Board.

SELF-EMPLOYED PERSON means an individual who is a sole proprietor, an independent contractor, a member of a partnership, or someone who is otherwise in business for him or herself.

SOILED means an article which has been used and has not been cleaned or sanitized.

STATION shall include, but not be limited to: barber chair, back bar with cabinet storage, linen enclosure, mirror and

container for the disposal of soiled towels.

STUDENT as defined in Neb. Rev. Stat. 71-202.01.

SUSPENSION means the licensee is prohibited from practicing for a specific period of time.

THEORY means the written knowledge applicable to approved principles of barber science and practices, including demonstrations and lecturing.

TRANSFER OR CHANGE OF OWNERSHIP means the conveyance of title or property from one person to another.

VERIFICATION OF INCORPORATION consists of articles of incorporation or good standing certificate or annual tax report.

History

• Effective 2022-12-20

Chapter 2 Licensing of Individuals

Neb. Admin. Code tit. 51, ch. 2 Licensing of Individuals {#sec-51-nac-2 omnilex-key=us-ne-regs-official--title-51--51 NAC 2}

001 FORM: Every license issued shall be in the form of a certificate which shall have thereon:

001.01 The name of the applicant.

001.02 The class of license.

001.03 The date on which issued.

001.04 The official name of the Board together with its seal.

001.05 The signatures of the members of the Board and the Director.

002 CHANGE OF ADDRESS AND/OR NAME: Any licensed barber who changes his or her name and/or address must notify the Board office within thirty (30) days of the change.

003 LATE FEE - BARBER, INSTRUCTOR, ASSISTANT INSTRUCTOR, BARBER SHOP, BARBER SCHOOL: A licensee eligible for renewal of an expired license, pursuant to the Barber Act, may renew such license by payment of the renewal fee and a late fee on or before the 60th day after its expiration date.

004 INACTIVE FEE - BARBER, INSTRUCTOR: A licensee eligible for restoration of an inactive license, pursuant to the Barber Act, may restore such license within five (5) years of its expiration date by payment of the renewal fee and a restoration fee.

History

• Effective 2022-12-18

Chapter 3 Barber Shop Licensing

Neb. Admin. Code tit. 51, ch. 3 Barber Shop Licensing {#sec-51-nac-3 omnilex-key=us-ne-regs-official--title-51--51 NAC 3}

001 LICENSING OF NEW BARBER SHOPS OR CHANGE OF LOCATION

001.01 Application. Before any person or persons may open a new barber shop or change the location of an existing barber shop, an application shall be made requesting an inspection and approval of the premises.

001.02 Contents of Application. Each application is to be made on a form provided by the Board and submitted with the fee set pursuant to the Barber Act, and shall provide the following:

001.02A Barber shop name.

001.02B Barber shop address.

001.02C Barber shop owner.

001.02D Owner's notarized signature and Social Security number.

001.02E Verification of incorporation if applicable.

001.02F Description of the Premises. The application shall describe the physical characteristics of the shop, including the information set forth below. If any portion of the shop is to be leased as a booth, the applicant shall identify those portions of the shop to be leased and shall provide the physical characteristics and other information required with respect to each booth.

001.02F1 Room size.

001.02F2 Type of floor.

001.02F3 Type of wall

001.02F4 Type of ceiling.

001.02F5 Type of lighting.

001.02F6 Methods of ventilation.

001.02F7 Restroom facilities.

001.02F8 Other rooms available and their usages, if applicable.

001.02F9 Water supplies.

001.02F10 Waste disposal.

001.02F11 Hot water capacity/recovery rate.

001.02F12 Number of barber chairs.

001.02F13 Number of shampoo bowls.

001.02F14 Number and description of immersion sterilizers.

001.02F15 Trade names of germicidal solutions.

001.02F16 Proposed opening date.

001.02F17 Any other information the Board deems necessary.

002 LIMITATION ON LOCATION AND USE OF ROOMS USED AS A BARBER SHOP.

002.01 A barber shop in a place where food is prepared and served must be separated by a partition, ceiling height, of lath and plaster, glass or other solid material. If a door is cut through, it shall be hung with spring hinges or other self-closing appliances. If confectionery is sold in a barber shop, it must be in sealed packages.

002.02 No room or rooms licensed as a barber shop shall be used as a sleeping room.

002.03 A barber shop shall be a fixed, permanent structure or a part of one, except for a Mobile Barber Shop as defined in Neb. Rev. Stat. 71-202.01.

002.04 In barber shop/cosmetology salons that occupy the same location, the barber practical work area shall be visually distinct from the other and shall be clearly identified as such to the public by a sign.

002.05 A barber shop located in any private dwelling shall permit patrons to enter the shop directly from a public thoroughfare without passing through any other portion of the building. The barber shop area shall be separated from the living area by walls extending from floor to ceiling, except that there may be one connecting door to the private dwelling which shall be kept closed/locked while the shop is in actual operation, and shall not be for use by the general public. Such door into the private dwelling shall only be permitted where a toilet facility exists in that portion of the private dwelling licensed as a barber shop. Both the residence and the barber shop may be serviced by the same electric, gas, water and sewer facilities.

002.06 An application for a barber shop in a private dwelling in any village or city must be accompanied by a document from that government body stating that the new owner has complied with all laws, regulations and codes for that particular location.

003 FIXTURES REQUIRED (MINIMUM)

0030.01 In general. The minimum fixtures required for every barber shop are as follows:

003.01A Barber pole or barber sign.

003.01B Barber chair.

003.01C Back bar.

003.01D One shampoo bowl for every five stations.

003.01E Mirror.

003.01F Enclosure for clean towels and implements.

003.01G Containers for disposal of soiled towels and other waste materials.

003.01H Hot water system.

003.01I Restroom facilities.

003.01J Immersion sterilizer.

003.01K Approved germicidal solution.

003.02 Rental booths

003.02A Enclosed Suites. Each booth rented by a barber shop that is an enclosed suite shall contain the minimum fixtures of 003.01, except that:

003.02A1 One barber pole or barber sign is sufficient for the shop as a whole.

003.02A2 Every suite is to contain at least one shampoo bowl.

003.02A3 Separate toilet facilities for each suite are not required, provided that access is available to facilities as provided by section 004.07 of these regulations.

003.02B Booths in Open Shops. When rental booths are not enclosed suites, the minimum fixtures described in 003.01 shall be available without obstruction.

004 PROPER QUARTERS

004.01 All fixtures and equipment, including those in the waiting area, shall be kept in a clean, orderly and sanitary condition.

004.02 Sanitized tools and implements shall be stored separately from all others.

004.03 Storage drawers for sanitized tools and implements shall be clean, free of hair and used only for the sanitized tools and implements.

004.04 All soiled tools and implements shall be deposited in a separate receptacle. Nail care and waxing implements that come into direct contact with a client and are not capable of being sanitized in accordance with Rule 8 shall be disposed of in a waste receptacle immediately after use. i.e., emery boards, spatulas, wax and waxing strips.

004.05 Shampoo bowls located in common areas shall have access without obstruction.

004.06 Each barber chair must be in good condition, mechanically sound and with acceptable covering of a material capable of being sanitized and free of tears. Barber chairs shall be placed at least four and one-half feet apart, center to center, and each chair must occupy not less than thirty-five square feet of floor space.

004.07 A barber shop shall have toilet facilities which shall be located on shop premises, except for a barber shop located in a commercial building in which public toilet facilities are available and reasonably accessible directly from the public thoroughfare. All toilet facilities located on the shop premises shall be kept clean, sanitary and in working order at all times. Toilet facilities shall not be required in barber shops holding a valid barber shop license March 25, 1989.

004.08 Floor surfaces in the work area of a shop shall be of washable, non-absorbent material and shall be kept clean and in good condition. Plastic floor mats or runners are required in shops with carpeted floor covering in the work area, holding a valid barber shop license prior to the effective date of this rule. Wooden floors may be acceptable if they have a water-proof finish.

0040.09 Tanning areas, including tanning devices and equipment located on the licensed premises, is to be maintained in a clean and sanitary condition and operated in accordance with the manufacturer's instructions. Owners' request the manufacturer include in the purchasing agreement that their equipment, materials and advertising are in compliance with FDA laws and regulations. Tanning equipment shall be sanitized after each use, a sanitary towel provided to each client, a receptacle available for the disposal of all soiled towels and the client furnished with protective eye wear.

005 INSPECTION

005.01 An inspection of the new barber shop shall be conducted to determine compliance with sanitary requirements. The inspector shall file a report of this inspection. No barber shop license shall be issued until the shop has been inspected and deemed satisfactory.

005.02 Every barber shop licensed by the Board is subject to entry for inspection at least once during each licensing period, at any time during business hours as defined in these regulations, to be eligible for renewal of certification or registration.

005.02A Responsibilities of Shop and Booth Renter. For purposes of inspection and compliance with laws and regulations, when a barber shop leases booths for practice of barbering by independent contractors or self-employed persons:

005.02A1 The shop owner is responsible for compliance with all laws and regulations governing barber shops, except that the booth renter shall meet all sanitary and infection control requirements with respect to the premises and for his or her use of the premises consistent with the laws and regulations governing barber shops;

005.02A2 It is the responsibility of both the shop owner and booth renter to insure that a key to the booth is readily available to inspectors at any time during business hours as defined in these regulations, whether or not the permit holder is present or the booth is open for operation during such hours.

006 CLOSING A SHOP

006.01 Shop owners closing their shop shall inform the Board office within thirty (30) days of closure. If the same owner re-opens the shop while the license is still current, the Board office must be notified prior to the opening.

History

• Effective 2022-12-18

Chapter 4 Change of Ownership, Barber Shop

Neb. Admin. Code tit. 51, ch. 4 Change of Ownership, Barber Shop {#sec-51-nac-4 omnilex-key=us-ne-regs-official--title-51--51 NAC 4}

001 APPLICATION REQUIRED

001.01 Each license issued shall be in effect solely for the owner or owners named therein. Application for a transfer or change of ownership of a barber shop license shall be filed with the Board within thirty (30) days of completion of the business transaction.

001.02 A fee shall be collected in the amount set by the Board, but no fee shall be collected if the ownership results merely from a current license holder incorporating his or her business. Verification of incorporation shall be submitted with the application if applicable.

002 CONTENTS OF APPLICATION

002.01 Name of applicant, i.e. the new owner or assignee.

002.02 Name of current owner.

002.03 Registration number and name of new managing barber if different than 002.01.

002.04 Name and number of shop as licensed.

002.05 New name of shop.

002.06 Notarized signature and Social Security number of new owner.

002.07 Notarized signature of current owner releasing the shop license number for transfer, or other legal documents verifying the transfer.

002.08 Any other information the Board deems necessary.

003 COMPLIANCE

003.01 A barber shop must be under the supervision and management of a registered barber. If all or some of the barbers practicing in any barber shop are leasing space, the shop owner or a designated registered barber, if different from the shop owner, shall manage the overall shop premises.

003.02 If a shop changes its designated barber manager, it must notify the Board office within thirty days, giving the name and certificate number of the new designated barber manager.

003.03 If a shop changes its name, the licensee must notify the Board office within thirty (30) days.

History

• Effective 2022-12-18

Chapter 5 Barber Schools

Neb. Admin. Code tit. 51, ch. 5 Barber Schools {#sec-51-nac-5 omnilex-key=us-ne-regs-official--title-51--51 NAC 5}

001 CONTENTS OF APPLICATION: An application for a new or change of location of a barber school must be filed, and shall include:

001.01 Name of prospective owner of the school.

001.02 Name of prospective manager of the school.

001.03 Physical location and postal address of the school.

001.04 Description of proposed facilities of the school.

001.05 Names of prospective instructors and assistant instructors.

001.06 Expected number of enrolled students on the opening date.

001.07 Signature and Social Security number of school owner.

001.08 Any other information the Board deems necessary.

002 BONDS: The Board shall furnish forms for filing barber school bonds, which shall include:

002.01 Name of principals (person, firm or corporation).

002.02 Address of principal.

002.03 Bonding agency.

002.04 Condition of obligation.

002.05 Witness.

003 NEW - CHANGE OF OWNERSHIP - CHANGE OF LOCATION: The Board shall furnish forms which shall include the same information as set out in Chapter 5, 001 and 002, and shall be filed thirty days in advance of the proposed opening date of operation. A fee shall be collected in the amount set by the Board, but no fee shall be collected if the ownership results merely from a current license holder incorporating his or her business. Verification of incorporation shall be submitted with the application if applicable.

History

• Effective 2022-12-18

Chapter 6 Inspection Procedures

Neb. Admin. Code tit. 51, ch. 6 Inspection Procedures {#sec-51-nac-6 omnilex-key=us-ne-regs-official--title-51--51 NAC 6}

001 All inspectors shall identify themselves to the personnel of the establishment to be inspected and shall be entitled to inspect the premises after such identification with no advance notice. Shop owners with irregular hours must contact the Board office and negotiate for inspection if, after one year, the Board has been unable to perform an inspection because the shop was closed.

001.01 Booths. Shops which rent booths that are enclosed suites shall either designate a person or persons in the establishment to whom inspectors may identify themselves during business hours to obtain keys, or shall supply the Board with a key to a lockbox on the premises containing keys to all rental booth suites.

002 ITEMS COVERED BY INSPECTION

002.01 The inspector shall examine the premises to ascertain whether there is compliance with the sanitation rules. Such sanitary requirements and inspections shall include all activities, in addition to barbering as defined in section 71- 202, taking place on the licensed premises.

002.02 The inspector shall ascertain that all licenses, permits and necessary sanitation rules are posted conspicuously in full view of the general public. For good cause, a barber may request that the portion of his or her license that lists his or her address be omitted. The posting of a reproduction of any certificate or license is prohibited unless the Board has issued the reproduction/duplicate.

003 REPORTS

003.01 The inspector shall file a report in writing, on a form to be provided by the Board, setting out the results of the inspection and noting any comments he or she has, or violations which were issued.

History

• Effective 2022-12-18

Chapter 7 Infection Control Guidelines

Neb. Admin. Code tit. 51, ch. 7 Infection Control Guidelines {#sec-51-nac-7 omnilex-key=us-ne-regs-official--title-51--51 NAC 7}

001 INFECTION CONTROL GUIDELINES FOR BARBERS, STUDENTS OF BARBERING, UNIVERSAL PRECAUTIONS AND PROCEDURES

001.01 The majority of persons who are infected with HIV & HBV have no symptoms. For this reason, it is important that barbers and students of barbering consider every client as potentially infectious and exercise appropriate precautions.

001.02 Wash hands with soap and water prior to serving each client.

001.03 Have at least two sets of tools to ensure that all instruments can be disinfected correctly after each use.

001.04 Immediately disinfect any instrument which causes skin abrasion or a cut to the skin. If bleeding occurs, wear gloves to avoid direct skin contact with blood. Use facial tissue, paper towels or cotton to absorb the blood. Dispose of blood contaminated materials immediately in a double plastic bag and seal it. Wash hands immediately. Thoroughly clean implements, wearing gloves, before placing in disinfectant solution.

001.05 If disinfectant solution becomes contaminated with blood, change immediately.

001.06 Disinfectant solutions shall be prepared and used in accordance with the manufacturer's instructions.

001.07 Disposable gloves should be worn when handling possible contaminated implements or other materials.

001.08 Surfaces contaminated with blood shall be cleaned with a solution known to inactivate the viruses.

001.09 Soiled linen, towels, uniforms, etc., should be tagged and washed in hot water with an agent known to inactivate HIV-HBV. When possible, disposable towels should be used and proper disposal procedures employed for soiled materials.

001.10 Sodium hypochlorite (household bleach) mixed with water (one part bleach and 9 parts water) may be used to clean any blood spills. These solutions should be prepared fresh daily. Agents labeled as hospital disinfectants are also acceptable cleaning agents. Common agents that destroy HIV & HBV include, but are not limited to: Lysol, hydrogen peroxide, betadine, glutaraldehyde, isopropyl alcohol.

001.11 It is not recommended to use a sodium hypochlorite (household bleach) solution if the spill is on carpet or rugs. Use a disinfectant agent according to the manufacturer's directions.

001.12 Barbers and barber students who have open wounds or otherwise non-intact skin should cover them with a dressing that will prevent contamination from other sources or wear disposable latex gloves while performing any service. If the effectiveness of a bandage type dressing is affected by moisture, it should be replaced if it becomes wet.

History

• Effective 2022-12-18

Chapter 8 School Bonds and Exception

Neb. Admin. Code tit. 51, ch. 8 School Bonds and Exception {#sec-51-nac-8 omnilex-key=us-ne-regs-official--title-51--51 NAC 8}

001 A surety bond in the sum of $25,000 shall be maintained by each privately owned barber school for the first fifty students enrolled in the barber school.

002 The surety bond shall be increased by an additional $25,000 anytime the enrollment of the barber school exceeds fifty students.

003 Each barber school shall at all times keep and maintain in full force and effect a surety bond with a reputable bonding company licensed to do business in the State of Nebraska for the benefit of all of its students, sufficient in amount to insure to such students a refund of any portion of their tuition paid but not used, in the event that the school discontinues operations for any reason prior to the time that the student has completed his or her education at the school. A surety bond shall not be required for any barber school that is operated by a nonprofit organization which neither charges any tuition to its students nor make any charge to persons upon whom such work is performed or a barber school which participates in the assessment program established under sections 85-1654 to 85-1658 relating to the Tuition Recovery Cash Fund.

History

• Effective 2022-12-18

Chapter 9 Examinations

Neb. Admin. Code tit. 51, ch. 9 Examinations {#sec-51-nac-9 omnilex-key=us-ne-regs-official--title-51--51 NAC 9}

001 APPLICATION REQUIRED FOR EXAMINATION: Any person desiring to take the examination for a license to practice barbering shall make application to the Board at least fifteen (15) days before the examination, on a form provided by the Board, and sworn to by the applicant. Such application shall be accompanied by the examination fee, license issuance fee and such documents and affidavits as are necessary to show the eligibility of the candidate to take such examination.

002 NOTICE OF EXAMINATION: The Board shall affix the dates of barber examinations to be given for a year in advance, and such list shall be obtainable at the Board office.

003 BOARD TO FIX TIME FOR EXAMINATION: The regular sessions for the purpose of giving examinations shall be held at such times and places as the Board may fix, such examinations shall be held not less than four (4) times per year, and any other times the Board deems necessary.

004 FORM OF APPLICATION: Application forms for examination to become registered as a barber, barber instructor or for registration as an assistant instructor shall show the following information where applicable:

004.01 Name.

004.02 Residence address.

004.03 Birth date.

004.04 Social Security number.

004.05 Photocopy of high school diploma or certification from high school, or certification of educational equivalency (GED).

004.06 Photocopy of barber school diploma.

004.07 Certification of student hour credit.

004.08 Certification of licensure in other state or country.

004.09 Certification of licensure as a Nebraska cosmetologist.

004.10 Two signed original portrait type photographs of the applicant of sufficient clarity and of at least passport size, but not to exceed three by five inches.

004.11 Number of years as a licensed barber.

004.12 Certification of college or university record.

004.13 Any other information the Board deems necessary.

005 LIST OF ELIGIBLE APPLICANTS TO BE COMPILED PRIOR TO EACH EXAMINATION: The Board shall prepare a list of applicants who are eligible to take the examination and determine such eligibility by review of credentials.

005.01 An examination authorization/instructional form will be mailed to the address submitted on the application form notifying the applicant of the location, date and time to appear for the examination.

005.02 The applicant shall present to the examiner, the examination authorization/instructional form and an original photograph, or other photo identification, with his or her signature.

006 WRITTEN EXAMINATIONS: The following is a list of content areas to be covered, but not exclusively to:

006.01 Scientific Concepts.

006.01A Sanitation, safety precautions and first aid.

006.01B Hair, skin, scalp and nails.

006.01C Conditions and disorders.

006.02 Physical Services.

006.02A Shampoo and rinse.

006.02B Scalp and hair care.

006.02C Facials.

006.02D Client protection.

006.03 Chemical Services.

006.03A Hair coloring and lightening.

006.03B Chemical waving.

006.03C Chemical hair relaxing.

006.03D Safety precautions/measures.

006.04 Hair Designing.

006.04A Hair shaping.

006.04B Thermal techniques and braiding.

006.04C Shaving and styling beards and mustaches.

006.05 Laws relating to the Barber Act.

007 PRACTICAL EXAMINATION

007.01 The practical examination shall be conducted by at least two (2) of the Board members or their duly appointed agent, the Director. The Board shall inspect all models and shall have the right to reject any model not acceptable in fulfilling the needs and requirements of the examinees.

007.02 The practical examination shall consist of any number of the following procedures:

007.02A Tapered haircut.

007.02B Long style haircut.

007.02C Shave.

007.02D Shampoo.

007.02E Massage, face and head.

007.02F Perm rod rolling.

007.02G Hair coloring.

007.02H Hair bleaching.

007.02I Hair relaxing.

007.02J Sanitation procedures.

007.02K Personal appearance and cleanliness.

007.02L Any practices as described in 71-202.

008 STANDARDS FOR PASSING: When an applicant is graded less than 75% in either the written or practical examination, he or she shall be considered to have failed the examination and must meet the statutory requirements for re-examination.

009 FAILURE OF APPLICANT FROM FOREIGN COUNTRY OR ANOTHER STATE: Registered barbers from another state or country who fail to pass the examination shall be called for the next examination for registered barbers as specified by Section 71-212.

010 NONDISCLOSURE OF IDENTITY OF EXAMINEE: In all examinations in theory of barber practices, the identity of persons taking the same shall not be disclosed on the examination paper in such way as to enable the Board to know by whom it was written. In practical examinations, the identity of the candidate shall also be concealed as far as possible and the Board shall in every way endeavor to carry out the intent of these rules.

011 BOARD TO BE PRESENT AT EXAMINATION: The Board shall be represented at all examinations by members of the Board or its appointed agent, the Director. Such representatives shall look after the details connected therewith.

012 CERTIFICATION OF GRADES AND SETTLEMENT OF DISPUTES: In cases of dispute in grading, the majority of the members of the Board shall decide. After each examination, the Board shall certify the grades of the applicants to the Board Secretary. The Board Secretary shall make the required entry in the registry record.

013 FILING AND INSPECTION OF EXAMINATION PAPERS: All written papers connected with any examination for a license shall be filed with the Board and preserved for two years as a part of its records, during which time a copy of such papers of any applicant who has failed the written portion shall be open for review by the applicant or an appropriate representative, providing not less than the Director or one member of the Board is present at the review of examination papers. No materials made available for review may be copied in any manner by the applicant or his or her representative.

014 NOTIFICATION: All applicants who have taken an examination shall be notified of the results of such examination as soon as possible.

015 FAILURE OF EXAMINATION, PETITIONS FOR RECONSIDERATION: Any applicant who is notified that he or she has failed the examination may, within fifteen days of the notification, petition the Board for a hearing on reconsideration. The Board may, at its discretion, grant such hearing and reconsider the applicant's grades.

016 LICENSURE WITHOUT EXAMINATION

016.01 When. In addition to issuance of licenses without examination by reciprocity as provided in section 71-242, the Board may issue a license to practice barbering or registration as a barber instructor without examination to a person licensed in a state, territory, or country with which the board has not entered into a reciprocal agreement under 71-239 as provided in this section.

016.02 Requirements. An applicant for licensure without examination under this section shall file with the Board (a) an application on a form provided by the Board, (b) a copy of the license issued by the state, territory, or country in which the applicant is licensed, (c) the applicant’s social security number, (d) documents demonstrating that the requirements for licensure in such state, territory, or country are substantially equivalent to the requirements for licensure under the Barber Act, and (e) the fee required pursuant to section 71-219.

016.03 Restoration. An applicant licensed as a barber in this state within the previous five years may be licensed without examination upon payment of the required renewal fees and restoration fees under 71-216.

016.04 Nebraska Licensees-Barbers. Provided all other requirements for licensure under this section are met, the Board may consider the application of an applicant formerly licensed as a barber in good standing in this state and returning to this state to have satisfied the requirement for documentation of substantially equivalent standards. The Board may license such applicant without examination provided that:

016.04A Applicant is licensed as a barber in the jurisdiction from which applicant comes; or

016.04B Applicant is licensed in the hair industry in the jurisdiction from which applicant comes, and he or she

016.04B1 has been continuously licensed and in active practice in the hair industry prior to application; and

016.04B2 has been licensed as a barber at any time preceding application.

016.05 Applicants Licensed in Other Jurisdictions. Provided all other requirements for licensure without examination are met, including documentation of substantial equivalence, an applicant not a Nebraska licensee, but licensed in the hair industry in the state or jurisdiction from which he or she comes, may be considered for licensure without examination under this section if he or she:

016.05A has been continuously licensed and in active practice in the hair industry prior to application; and

016.05B has been licensed as a barber at any time preceding application.

016.06 Nebraska Licensees-Barber Instructors.

016.06A An applicant licensed as a barber instructor in this state within the previous five years may be licensed without examination upon payment of the required renewal fees and restoration fees under 71-208.07.

016.06B Provided all other requirements for licensure under this section are met, the Board may consider the application of an applicant licensed as a barber instructor in good standing in this state and returning to this state to have satisfied the requirement for documentation of substantially equivalent standards. The Board may license such applicant without examination provided that:

016.06B1 Applicant is licensed as a barber instructor in the jurisdiction from which applicant comes; or 016.06B2 Applicant is currently licensed as an instructor in the hair industry in the jurisdiction from which he or she comes, and he or she;

016.06B2a has been continuously licensed and in active practice as an instructor in a school of instruction in the hair industry prior to application; and

016.06B2b has been licensed as a barber instructor at any time preceding application.

016.06C Instructor License in Other Jurisdiction. Provided all other requirements for licensure without examination are met, including documentation of substantial equivalence, an applicant not a Nebraska licensee, but licensed as an instructor in the hair industry in the state or jurisdiction from which he or she comes, may be considered for licensure as a barber instructor without examination under this section if he or she:

016.06C1 has been continuously licensed and in active practice as an instructor in a school of instruction in the hair industry prior to application; and

016.06C2 has been licensed as a barber instructor at any time preceding application.

016.07 Board Review. The board shall review each application and the documents submitted under this section and determine within sixty (60) days after receiving such application and documentation whether to issue a license without examination to the applicant. The Board shall notify the applicant of its decision within ten (10) days after the date of making the decision. If the Board determines not to issue a license without examination to the applicant, he or she may appeal the decision of the Board and the appeal shall be in accordance with the Administrative Procedure Act.

History

• Effective 2022-12-18

Chapter 10 Complaints and Reinstatement

Neb. Admin. Code tit. 51, ch. 10 Complaints and Reinstatement {#sec-51-nac-10 omnilex-key=us-ne-regs-official--title-51--51 NAC 10}

001 VERIFICATION OF COMPLAINTS

001.01 Complaints against persons licensed to barber or operate barber shops or schools shall be filed in writing with the Board, shall be verified and signed by the person making the complaint.

002 PAYMENT OF RENEWAL FEES FOR SUSPENSION OR REVOKED LICENSES

002.01 No license or permit suspended by order of the Board shall be reinstated unless all current renewal premiums from the time of reinstatement have been paid and other licensing requirements met.

002.02 Any suspended license or permit shall be automatically reinstated at the end of the term of suspension if all renewal fees have been paid and other licensing or permit requirements are met.

History

• Effective 2022-12-18

Chapter 11 Issuance of Licenses, Permits and Certification

Neb. Admin. Code tit. 51, ch. 11 Issuance of Licenses, Permits and Certification {#sec-51-nac-11 omnilex-key=us-ne-regs-official--title-51--51 NAC 11}

001 BOARD TO ISSUE LICENSES OR PERMITS: The Board shall issue new licenses or permits for those lost or mutilated or for any just cause, for a fee to be set by the Board.

002 BOARD AFFIDAVIT OR CERTIFICATION OF RECORDS: The Board shall make available an affidavit for purposes of reciprocity or for issuance of a certification of licensure for a fee to be set by the Board.

History

• Effective 2022-12-18

Chapter 12 Minimum Curriculum and Requirements for Approved Schools of Barbering

Neb. Admin. Code tit. 51, ch. 12 Minimum Curriculum and Requirements for Approved Schools of Barbering {#sec-51-nac-12 omnilex-key=us-ne-regs-official--title-51--51 NAC 12}

001 HOURS IN WORKING DAY, STUDENT RE-ENROLLMENT

001.01 Period of daily classes shall be at the discretion of the faculty of the school.

001.02 A barber student re-enrolling into a barber school or college following a two-year or longer absence may be assessed additional clock hours for each month beyond the two-year absence. All re-enrollment requests shall be reviewed by the Board.

001.03 Said course is to be under the tutelage of a registered barber instructor and assistant instructor.

002 ORIENTATION PERIOD, BARBER COURSE 300 HOURS - THEORY AND SUPERVISED PRACTICES ON STUDENTS AND MANNEQUINS include, but not be restricted exclusively to:

002.01 Laws and rules and regulations for barbering.

002.02 History of barbering.

002.03 Barber equipment and product knowledge, its uses and safety precautions.

002.04 Sanitation, sterilization, hygiene and first aid.

002.05 Haircutting, long and tapered styles, haircutting techniques and braiding.

002.06 Shaving, honing and stropping.

002.07 Scalp care, treatments and shampooing.

002.08 Facials, massages and packs.

002.09 Coloring, bleaching and rinsing.

002.10 Chemical waving and relaxing.

002.11 Natural and artificial nail care.

002.12 Waxing.

002.13 Cosmetologists licensed, or eligible for licensure, in the State of Nebraska, attending a school of barbering, is to be required no fewer than eighty (80) hours in the orientation period. The contents of these eighty (80) hours is to be at the discretion of the instructor, based upon the knowledge and experience of the student.

002.14 No student is permitted to render practical services on members of the public until such student has completed the orientation period, except that the Board may establish guidelines by which it may approve such practical services as part of the orientation period.

003 MINIMUM NUMBER OF REQUIRED SERVICES : Following are the services and the number of each that are to be performed by each student during his or her tenure in school. These services are to be performed in the clinic area. Services performed during the student's orientation period are not to be counted. These are the minimum number of services to be performed on members of the public, spread out over the entire course, not condensed into a small period of time:

004 THEORY - DEMONSTRATIONS AND LECTURES include the following, but not be restricted exclusively to:

004.01 Laws, rules and regulations for barbering.

004.02 Barber equipment and product knowledge, its uses and safety precautions.

004.03 Barber shop management, ethics and economics.

004.04 Sanitation, sterilization, personal hygiene and first aid.

004.05 Bacteriology.

004.06 Applied electricity.

004.07 Hairpieces.

005 INSTRUCTORS AND ASSISTANT INSTRUCTORS : All Barber Instructors and Assistant Instructors must meet all the requirements set forth in Section 71-208.02.

005.01 A person shall be eligible for registration as a barber instructor if he or she has earned at least eighteen hours of college credit at or above the post-secondary level, including at least three (3) credits each in:

005.01A Methods of Teaching, 3 hours - Principles of teaching vocational subjects is designed to acquaint the teacher with various activities involved in the teaching of vocational education. Further, it will help the prospective teacher develop and perfect the methods, procedures and techniques which have been found to be most effective in successful teaching.

005.01B Curriculum Development, 3 hours - This is a professional vocational education course. It is designed to provide the opportunity to develop techniques and procedures in writing, selection and organization of subject matter for instructional purposes. The course has been organized into five major units of instruction as listed: (1) course planning and the lesson plan format (2) writing and classifying objectives (3) developing lesson plans (4) student evaluation and (5) texts and the instructional systems.

005.01C Special Vocational Needs, 3 hours - This course is designed to introduce the prospective vocational teacher to learners with special needs. Emphasis will be placed on (A) recognizing vocational special needs students as individuals with legitimate rights to respect and dignity (B) nurturing an appreciation for individual differences (C) changing negative attitudes, prejudice and bias toward vocational learners with special needs.

005.01D Educational Psychology, 3 hours - Explore psychological concepts as they relate to the developmental studies area. Topics covered include: the learning process, clarifying values and attitudes, problem solving, decision making, coping with stress and setting goals.

005.01E Speech Communication, 3 hours - Basic principals of effective communications, theory and practical, with emphasis on developing the preparation and delivery of effective oral communication skills.

005.01F Introduction to Business, 3 hours - Basic factors of organization, operations, business control and procedures effecting each. Broad look at interrelated roles of operating a small business.

005.02 A person shall be eligible for registration as a assistant barber instructor if he or she has completed application and paid the fee prescribed by section 71-219, has been a licensed and actively practicing barber for one year, and is currently enrolled or will enroll at the first regular college enrollment date after registration in an educational program leading to the completion of the hours required under subsection (2) (a) of 71-208.02. Applicants for registration as an assistant barber instructor must provide the Board with evidence of enrollment or acceptance into the educational program for at least one course resulting in credit for one of the requirements of 71-208.02 (2) (a).

005.03 Courses required in Section 71-208.02 (2) (a) must be accredited by the Career College Institute, Higher Learning Commission of the North Central Association of Colleges and Schools or by a substantially equivalent accrediting agency as determined by the Board, or be validated otherwise by the Board upon application on a form provided by the Board. The Board or an individual approved by the Board must proctor all final course examinations, including examinations for courses offered on-line.

005.04 Instructors and Assistant Instructors are to devote their entire time during school hours to instructing and supervising all student work and shall not apply their time to private or public practice of barbering for any reason.

005.05 Supervision of Assistant Barber Instructors.

005.05A Direct Supervision. A person registered as an assistant barber instructor who is or will be enrolled in an educational program leading to completion of the hours required under 71-208.02(5)(a) shall serve under the direct supervision of the supervising Barber Instructor. For purposes of this section, “direct supervision” means the physical presence of the supervising barber instructor in the clinical area, practice lab or theory classroom to instruct, guide, direct, demonstrate, evaluate or supervise practice by an assistant barber instructor.

005.05B Indirect Supervision. “Indirect supervision" means the supervising barber instructor is present within the facility in which the assistant barber instructor is providing services, and is available to provide immediate face to face communication with the person being supervised. A person registered as an assistant barber instructor who has completed nine college credit hours as required by 71-208.02(5)( b) may serve under the indirect supervision of a barber instructor if he or she:

005.05C1 has completed nine months of instructor training under direct in-house supervision of an active, full-time, registered barber instructor; or

005.05C2 has completed the requirements of a barber instructor course developed or approved by the Board.

005.06 General Requirements for Assistant Instructor Training. Training of an assistant barber instructor through either a Board-approved barber instructor course or a nine month training program under a barber instructor in a school must:

005.06A Provide a prospective barber instructor with practical, supervised opportunities to develop and to demonstrate that he/she:

005.06A1 Has a sound understanding of the subject matter he or she will teach;

005.06A2 Can manage the classroom and the conduct of the students effectively;

005.06A3 Understands how students learn and how they differ in their approaches to learning, and how to make the subject matter meaningful for students;

005.06A4 Can plan and carry out daily lessons to accomplish the course goals within the timelines for the course;

005.06A5 Creates learning experiences that support how students learn, work together, and develop their performance skills;

005.06A6 Has the skills necessary to be a clear communicator orally and in demonstrating barbering techniques;

005.06A7 Understands and uses formal and informal assessment strategies to evaluate and ensure the continuous development of the students.

005.06B Have effective measures to assure and verify attendance and, in the case of an assistant instructor in a school, the hours of service;

005.06C Have effective evaluation mechanisms for assuring that the assistant instructor has satisfactorily attained the knowledge and skills to be an effective barber instructor.

005.07 Requirements for Direct Supervision in a School.

005.07A Plan. A barber instructor who is responsible for the direct supervision of an assistant barber instructor for nine months of instructor training in a school is to develop and maintain a plan for the training of the assistant barber instructor that provides for specific, practical experience for the development of basic skills and for expansion of his or her instructional expertise and delivery strategies as skills are gained. The overall plan for the supervision period shall encompass the subjects for coursework required for a barber instructor by 71-208.02(2)(a) and shall meet the requirements of 005.06 of this chapter.

005.07B Evaluation. The barber instructor is to provide regular informal and formal review of the assistant barber instructor’s performance. Formal review shall be made using specific assessment criteria through regular evaluations by the barber instructor with recommendations for continued growth and through:

005.07B1 An on-site evaluation visitor visits by a member of the Board of Barber Examiners, its Executive Director or other agent appointed by the Board; or

005.07B2 An onsite evaluation visit or visits by a guest barber instructor approved by the Board; or

005.07B3 A combination of the foregoing.

005.08 Application

005.08A Nine Months of Supervised Training under a Barber Instructor in a School. A barber school may apply for approval of nine months of supervised training of an assistant barber instructor on a form provided by the Board. The application shall include the plan for training and the proposed tools for formal evaluation, and shall specify the method(s) of evaluation to be used as required by 005.07 of this chapter.

005.08B Barber Instructor Course. The Board may develop a barber instructor course or courses to offer in lieu of nine months of supervised training in a barber school. In addition, an educational institution or other entities may apply to the Board to approve a barber instructor course. Applications shall be made on a form provided by the Board and shall demonstrate how the course meets the requirements of section 005.06 of this chapter and provide such other information as the Board may require to assure that the proposed course will be offered by a qualified institution or entity.

005.09 Board Review. The Board shall review each application for approval and the documents submitted in support of the application and determine within ninety (90) days whether to approve the course or courses. If the Board determines not to approve a course, the applicant may appeal the decision of the Board in accordance with the Administrative Procedure Act.

005.10 List of Approved Courses. The Board shall maintain a list of barber instructor courses developed or approved by the Board for purposes of this section.

006 CLASS ROOMS

006.01 An approved school of barbering is to have two (2) rooms accessible.

006.02 One (1) to be used for class study, examinations and lectures.

006.03 One (1) to be used for practical demonstrations.

006.04 Rooms shall be fully equipped to comply in every way, and at all times, with the rules and regulations of the Board.

006.05 Class rooms shall meet inspection requirements set forth in sections of these rules.

006.06 Study and lecture room is to be used for the sole purpose of giving scientific instruction.

006.06A Writing board and charts of skin, scalp, hair, nails and their disorders.

006.07 Schedules of classes shall be filed with the Board office.

007 SCHOOL EQUIPMENT shall consist of a minimum as follows:

007.01 One (1) barber chair for each two students enrolled.

007.02 One (1) shampoo bowl for every-five stations.

007.03 One (1) station for each two students enrolled.

007.04 One (1) immersion sterilizer for each student.

007.05 One (1) text book for each student and instructor.

007.06 Electrical equipment.

007.06A Vibrator.

007.07 Sufficient clean linen storage in enclosed cabinet/containers.

007.08 Writing board.

007.09 Bulletin board, conspicuously located for posting rules and regulations, notices and other information.

007.10 One (1) set of record files for student history, activities and duplicate copies of reports filed.

007.11 Sanitary hair removal equipment, either vacuum or individual wipes.

007.12 Automatic lather mixer or canned lather.

007.13 Supply of standard tonics, lotions, shampoos and other cosmetics.

007.14 One (1) time clock.

007.15 One (1) mannequin for each student.

007.16 One (1) first aid kit.

007.17 Hooded hair dryers.

007.18 Library facilities which shall contain at least the following materials:

007.18A Current version of State of Nebraska Laws Relating to the Practice of Barbering.

007.18B Current version of Board of Barber Examiners Rules and Regulations.

007.18C Standard Dictionary of the English Language.

007.18D Standard Medical Dictionary.

007.18E Approved textbooks of barbering and hairstyling, hair structure, chemistry and physics.

008 BARBER CHAIR

008.01 Each barber chair must be in good condition, mechanically sound and with acceptable covering of a material capable of being sanitized and free of tears.

008.02 Barber chairs shall be placed at least four and one-half (4 1/2) feet apart, center to center, and each chair must occupy not less than thirty-five (35) square feet of floor space.

009 RECORDS

009.01 Enrollment: Each school shall forward to the Board, a record of student enrollment upon the date of admittance of the student.

009.02 Transfer of student credit hours from one school to another is at the discretion of the official school administrator, specific requirements having been met, as set forth herein.

009.03 Student has certificate of enrollment with his state barber administration or board.

009.04 All student requirements set forth in the statutes of this state have been met.

009.05 Each school shall keep daily class records of each student, showing information as follows:

009.05A Hours devoted to respective subjects.

009.05B Hours in attendance.

009.05C Records shall be subject to inspection by the examiners or representatives at any time during business hours.

009.06 An owner of a school shall furnish the Board, at the end of each month, the names of students enrolled, enrollment status and accredited hours earned.

009.07 The time and clinical operations of each student in each phase of demonstration, lectures and practical supervision shall be filed with the Board office at the end of each quarter.

010 FINAL RECORD : The school owner, instructor, manager or other qualified individuals designated by the school owner shall compile from his or her records:

010.01 A summary of each student's grades.

010.02 Hour and clinical service reports, shall be presented to the student upon graduation, and such reports shall be made a part of his or her application for examination. Any individual identified in 010 of this section must sign each report required and certify the record is correct and that the student has received a diploma from the school.

011 PROPER QUARTERS :

011.01 Shampoo bowls located in common areas shall have access without obstruction.

011.02 Toilet facilities shall be located on the school premises and kept clean, sanitary and in working order at all times.

011.03 Barber school/school of cosmetology that occupy the same location, the barber practical work area shall be visually distinct from the other and shall be clearly identified as such to the public by a sign.

History

• Effective 2022-12-18

Chapter 13 Sanitary and Safety Rules Regulating Barber Shops and Schools

Neb. Admin. Code tit. 51, ch. 13 Sanitary and Safety Rules Regulating Barber Shops and Schools {#sec-51-nac-13 omnilex-key=us-ne-regs-official--title-51--51 NAC 13}

001 Barber shops and barber schools; sanitary requirements; inspections: The Board or its employees shall regularly inspect all barber shops and barber schools in this state to insure compliance with these regulations. Such sanitary requirements and inspections shall include all activities, in addition to barbering as defined in section 71-202, taking place on the licensed premises. A written report of each such inspection made shall be submitted to the Board. Each school or barber shop shall be called upon at least once each licensing period for the purpose of inspection prior to the issuance of its license to be eligible for renewal of certification or registration.

002 Sanitary and Safety Rules

002.01 RULES POSTED. The owner or manager of every barber shop or school shall keep a copy of these sanitary rules posted in a conspicuous place in the business for the information and guidance of all persons employed and studying therein, and the public generally.

002.02 WATER/WASTE. Each barber shop or school must supply adequate hot and cold running water. Connections must be made in cities or villages’ where running water is available. Waste water shall be disposed of through a system that carries it away from the building. This shall be done by sewer connections or in a manner meeting the requirements of city ordinances and the approval of the city or village Board of Health, as required by law.

002.03 SIGNS. A barber school shall display a sign indicating that it is a barber school. The sign shall be clearly visible at the main entrance. A sign shall also be displayed in the clinical area indicating that all services are performed by students.

002.04 PROPER QUARTERS. Every barber shop or school, except for mobile barber shops, shall be a fixed, permanent structure, or a part of one. Every barber shop or school shall have adequate lighting and ventilation, plumbing fixtures properly installed, electrical connections and equipment properly installed and grounded, shall have hand washing facilities, and provide soap, dispenser type, and individual towels of cloth or paper, or other hand drying devices, provided in the clinical area. All fixtures and equipment shall be kept in a clean, orderly and sanitary condition as required by rules and regulations of the Board of Barber Examiners.

002.05 STYPTIC. Any material used to stop the flow of blood shall be used in liquid or powder form. The use of styptic pencils is strictly prohibited.

002.06 HEADREST. The headrest of every barber chair shall be protected with sanitary paper or linen. Such sanitary paper or linen must be changed after its use on each client.

002.07 PERSONAL CLEANLINESS AND FREEDOM FROM DISEASE. Every barber and student, while engaged in serving the public, shall be neat and clean in person and in dress and free from any communicable disease. He or she shall wash his or her hands with soap and water or any equally effective cleansing agent immediately before serving each client.

002.08 IMPLEMENTS. All barber shops and schools of barbering shall be equipped with, and utilize immersion, wet sanitizers. All tools and implements which come in contact with a client's hair or skin must be sanitized before use on each client. With the exception of hair clippers, the sanitizing process shall consist of three steps, the elimination of any one of which shall be considered to render the sanitizing process ineffective. The three steps are: (1) Thorough washing in hot water and soap or synthetic detergent to remove all traces of soil. (2) Thorough rinsing in clear water to remove all traces of soap or detergent and (3) Complete immersion of combs and brushes and the blades of shears and razors in a fresh, clean and effective germicidal solution prepared and used in accordance with the directions on the label, after which the implement may be removed, dried and stored in a clean, covered dust proof container or cabinet. This includes the group of sanitizing agents known as "Quaternary ammonium compounds" (QUATS), 1000 parts per million (ppm). Ultra-violet ray treatment procedures are NOT acceptable in lieu of the three step sanitizing procedure mentioned in this section. The use of formaldehyde in any form is strictly prohibited in the sanitizing process. Electrical or mechanical hair clipper blades shall be cleaned and sanitized after use on each client. An oily solution of an effective germicide prepared specifically for the germicidal treatment of tools and implements may be used in accordance with the directions of the manufacturer. All germicidal solutions shall be fresh, clean and free from contaminants. A sanitizing solution shall be available for immediate use at all times the shop or school is in operation. It shall be kept in a container large enough for complete immersion in the solution of objects, or portions thereof, to be sanitized. Each shop or school shall provide one or more sanitizers adequate for the number of barbers or students usage requirements and volume of business. Sanitized tools and implements shall be stored separately from all others. Storage drawers for sanitized tools and implements shall be clean, free of hair and used only for the sanitized tools and implements. Storage cabinets, work stations and vanities shall be kept clean. All soiled tools and implements shall be deposited in a separate receptacle. All nail care and waxing implements that come into direct contact with a client and are not capable of being sanitized in accordance with this rule shall be disposed of in a waste receptacle immediately after use. Tools and implements shall not be carried in clothing pockets, nor shall they be left on cabinet tops after usage on clients. Bristle type neck dusters are not capable of being sanitized. Their use is strictly prohibited.

002.09 FOOD. A barber shop in a place where food is prepared and served must be separated by a partition, ceiling height, of lath and plaster, glass or other solid material. If a door is cut through, it shall be hung with spring hinges or other self closing appliances. If confectionery is sold in the barber shop, it must be in sealed packages.

002.10 DISEASE. No client suffering from a known communicable disease may be served in a barber shop or school.

002.11 TOWELS. All sanitary linen must be kept in an enclosed, dust proof cabinet. Any towel that has been used once shall be considered soiled and disposed of into a receptacle. A sanitary towel, neck strip or other protection shall be used to prevent the hair/shampoo cloth from coming into contact with the skin of each client.

002.12 TOILET FACILITIES. All barber shops and schools shall have acceptable toilet facilities as required by the Rules and Regulations of the Board of Barber Examiners. Toilet facilities shall have hand washing facilities and provide soap, dispenser type, and individual towels of cloth, paper or other hand drying devices.

002.13 PETS. No pets or animals shall be permitted in the shop or school premise. This prohibition does not apply to trained, certified service animals or to fish in a covered aquarium.

002.14 SMOKING, INTOXICATING BEVERAGES, CONTROLLED SUBSTANCES PROHIBITED. Licensees and students of barbering are prohibited from smoking while actively engaged in serving the public. No owner/lessee shall knowingly permit employees/lessors, students or clients to use, consume, serve or in any manner possess or distribute intoxicating beverages or controlled substances, unless prescribed by a physician, upon its premises during the hours the shop or school is open to the public.

002.15 COMPLIANCE. It shall be the personal responsibility of every licensee who is licensed under the laws of Nebraska relating to the practice of barbering, to observe these laws, the rules and regulations of the Board of Barber Examiners, Department of Environmental Quality concerning water supply and waste water disposal and Health and Human Services with the local board of health having jurisdiction.

History

• Effective 2022-12-18

Chapter 14 Practice and Procedure for Hearings in Contested Cases

Neb. Admin. Code tit. 51, ch. 14 Practice and Procedure for Hearings in Contested Cases {#sec-51-nac-14 omnilex-key=us-ne-regs-official--title-51--51 NAC 14}

The Nebraska Board of Barber Examiners follows the Model Rules adopted by the Attorney General for contested cases found in Title 53 NAC Chapter 4.

History

• Effective 2026-07-25

Chapter 15 Petitioning for Rulemaking

Neb. Admin. Code tit. 51, ch. 15 Petitioning for Rulemaking {#sec-51-nac-15 omnilex-key=us-ne-regs-official--title-51--51 NAC 15}

The Nebraska Board of Barber Examiners follows the Model Rules adopted by the Attorney General for petitions for rulemaking found in Title 53 NAC Chapter 2.

History

• Effective 2026-07-25

Chapter 16 Declaratory Orders

Neb. Admin. Code tit. 51, ch. 16 Declaratory Orders {#sec-51-nac-16 omnilex-key=us-ne-regs-official--title-51--51 NAC 16}

The Nebraska Board of Barber Examiners follows the Model Rules adopted by the Attorney General for declaratory orders found in Title 53 NAC Chapter 3.

History

• Effective 2026-07-25

Chapter 17 Procedures for Negotiated Rulemaking

Neb. Admin. Code tit. 51, ch. 17 Procedures for Negotiated Rulemaking {#sec-51-nac-17 omnilex-key=us-ne-regs-official--title-51--51 NAC 17}

The Nebraska Board of Barber Examiners follows the Model Rules adopted by the Attorney General for Negotiated Rulemaking found in Title 53 NAC Chapter 1.

GENERAL INFORMATION

POSTAL ADDRESS: BOARD OF BARBER EXAMINERS

P O BOX 94723

LINCOLN, NE 68509

LOCATION: 1220 Lincoln Mall

FIRST FLOOR

TELEPHONE: (402) 471-2051

FAX: (402) 328-6231

E-mail: barbers.board@nebraska.gov

WEB PAGE: barbers.nebraska.gov

OFFICE HOURS: 8:00 AM - 5:00 PM

MONDAY – FRIDAY

RENEWALS : Registered barbers, instructors, assistant instructors, shops and schools shall, on or before June 30 of each even numbered year, renew their certificate of registration, which shall be effective July 1 of each year and shall expire June 30 of the next even numbered year.

Source: Laws 71-201 and 71-216

INACTIVE STATUS : Registered barbers and barber instructors who withdraw from the active practice of barbering and barber instructing may renew their license within five years of it's expiration date, upon payment of the required fees. Any barber or barber instructor who fails to renew his or her license for five consecutive years shall be required to successfully complete the examination for issuance of a new license.

Source: Laws 71-208.07 and 71-216

EXAMINATIONS : Examinations are held on the fourth Monday of January, April, July and October of each year.

Source: Law 71-210

The foregoing sanitary rules regulating barber shops and schools have been promulgated by the Board of Barber Examiners. They were adopted after due notice and hearing as provided by law, and are filed with the Secretary of State. These rules supersede all previous rules of the Board on this subject. The effective date of these rules is October 23, 2022.

History

• Effective 2026-07-25