Pennsylvania Act 2024-66 — BARBERS' LICENSE LAW - LICENSURE OF MANAGER-BARBERS AND BARBERTEACHERS

Act text

Session of 2024

No. 2024-66

HB 327

AN ACT

Amending the act of June 19, 1931 (P.L.589, No.202), entitled "An act to promote the public health and safety, by providing for the examination and licensure of those who desire to engage in the profession of barbering; regulating barber shops and barber schools, and students therein; regulating compensation for service rendered; conferring certain powers and duties on the Department of State; and providing penalties," further providing for licensure of manager-barbers and barber-teachers.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Sections 3(d), 3.2, 4(a) and (b), 13(a), 13.1 and 15-A.3(b) of the act of June 19, 1931 (P.L.589, No.202), referred to as the Barbers' License Law, are amended to read:

Section 3. * * *

(d) [The] An applicant for a barber-teacher's license shall, as a condition precedent to obtaining a license, take the barber-teacher's license examination and score a passing grade. Prior to taking the examination, the applicant shall be at least [twenty-three] eighteen years of age, be a high school graduate or its 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 licensed barber or manager-barber who has trained for [one thousand two hundred fifty (1250)] five hundred (500) hours under a licensed teacher in a licensed barber 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 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 3.2. (a) If a licensed cosmetologist wishes to become a licensed barber, he or she shall have successfully completed the one thousand two hundred fifty (1,250)-hour cosmetology training course or shall possess a current license as a cosmetologist. Upon application to the board he or she shall be given five hundred fifty-five (555) hours of credit for subjects previously covered in the cosmetology training course, which subjects shall be enumerated by joint regulation of the State Board of Cosmetology and the board. Before such person is permitted to take the barber practical and theory State Board examination, he or she shall have successfully passed both the theory and practical portions of the State Board of Cosmetology examination.

(b) An individual currently holding both a cosmetology license and a barber's license may obtain a barber-teacher license if the individual completes the training and examination required for licensure as either a barber-teacher or a cosmetology teacher.

Section 4. (a) A barber or a barber-teacher currently licensed in another state with substantially the same licensure requirements as Pennsylvania shall be granted a Pennsylvania barber or barber-teacher license without an examination upon payment of the fee. The aforesaid provision shall only be effective when a mutual reciprocal agreement has been executed between the respective state licensing boards.

(b) A barber or barber-teacher applicant currently licensed in another state not recognized by a reciprocal agreement shall be eligible for the barber or barber-teacher examination upon approval of the board which approval shall not be arbitrarily withheld. The examination shall consist of barber law, rules and regulations. Should the examinee fail to pass the examination, upon payment of the required fee, the examinee may take another examination if the examinee so desires. In no event shall the examinee be permitted to practice barbering until the examinee has received a barber's license.

---

Section 13. (a) No person shall practice barbering who is not a licensed barber, with the exception that nonlicensed persons may shampoo hair under the supervision of a barber-manager [or] , barber-owner or barber-teacher . No licensed barber shall practice, or attempt to practice, barbering in any place other than a licensed barber shop or licensed cosmetology shop, except that any licensed barber in a licensed barber shop or licensed cosmetology shop may furnish barber services to persons at their place of residence or in institutions in cases of sickness, incapacitation, confinement, and other emergencies: Provided, however, That nothing contained in this section shall be construed to include family members of the same household, hospitals or colleges, and private schools for children, cosmetology shops or schools of cosmetology, except that it shall be unlawful and a violation of this act for any person to employ or to accept employment, in any such shops, parlors or schools, who has been refused a license by the board.

---

Section 13.1. Upon payment of a required fee, a temporary license may be issued to any applicant who is eligible for admission to the barber's examination. An applicant who is thus licensed shall practice only under the supervision of a licensed manager-barber or barber-teacher until results are available from the next scheduled examination. Temporary licenses are granted for a nine-month period.

Section 15-A.3. * * *

[(b) A barber shop licensee who shall employ a licensed cosmetologist shall also be a licensed barber-manager or employ a barber-manager.]

---

Section 2. This act shall take effect in 60 days.

APPROVED--The 17th day of July, A.D. 2024.

JOSH SHAPIRO