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SECOND REGULAR SESSION
HOUSE BILL NO. 3472
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MURRA Y .
7161H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 328.020 and 328.080, RSMo, and to enact in lieu thereof three new
sections relating to barber licensure, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 328.020 and 328.080, RSMo, are repealed and three new sections
2 enacted in lieu thereof, to be known as sections 328.020, 328.077, and 328.080, to read as
3 follows:
328.020. Except as prov ided in section 328.077, it shall be unlawful for any person
2 to practice the occupation of a barber in this state, unless he or she shall have first obtained a
3 license, as provided in this chapter .
328.077. 1. The board shall cr eate an establishment training pr ogram to allow
2 unlicensed persons to pro vide barbering services under the supervision of a licensee at a
3 licensed barber establishment. The board shall allow any licensed barber establishment
4 to registe r to participate in the establishment training progra m.
5 2. A licensed barber establishment r egistered under this section may employ a
6 person, without re gard to the person's licensur e status under this chapter , to provi de
7 barbering services that would otherwise r equir e licensur e under this chapter . Any
8 person pr oviding such barbering services shall prov ide the services only under the
9 supervision of a licensee who holds an active license to practice barbering under this
10 chapter and who r egularly pr ovides such services in the regist ered establishment. For
11 purposes of this section, "supervision" means the supervising licensee is physically
12 pr esent with the person pr oviding barbering services and available to assist in pro viding
13 the services.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
14 3. Befor e a person prov ides barbering services without a license under this
15 section, the person shall complete a one-time course of not mor e than four hours of
16 education regard ing sanitation and the laws of this state that is appr oved or crea ted by
17 the board. Completion of the course may be self-certified by the establishment.
18 4. The board shall not r equir e a person participating in the pr ogram to take an
19 examination or the barber establishment to obtain appr oval of the curriculum for
20 continuing education. The owner of the regi stered barber establishment shall be
21 r esponsible for ensuring the education, training, skills, and competence of any person
22 pr oviding services under this section.
23 5. A licensed barber establishment participating in the establishment training
24 pr ogram shall comply with all requ irem ents of this chapter and any rules applicable to
25 barber establishments rel ating to facility standards, sanitation, infection contr ol,
26 inspections, and establishment licensur e and ren ewal.
27 6. Befor e a consumer rec eives barbering services fr om a person pr oviding
28 services without a license under this section, the barber establishment shall pro vide a
29 written disclosur e that is clearly legible and states substantially the following: "This
30 establishment is a licensed barber establishment r egister ed to participate in an
31 establishment training pr ogram. This establishment employs unlicensed individuals
32 who pr ovide services under the supervision of licensed barbers. The services you are
33 r eceiving ar e fr om an unlicensed individual participating in this pr ogram.".
34 7. A supervising licensee under this section shall not be requ ired to hold a barber
35 instructor license under section 328.090 or a barber appr entice supervisor license under
36 section 328.075 solely in order to supervise a person pr oviding services under this
37 section, and participation in the establishment training pr ogram shall not creat e any
38 new instructor license category .
39 8. The board may suspend or revok e an establishment's regist ration to
40 participate in the establishment training pro gram for violations of this chapter or
41 corr esponding rules, including under cir cumstances in which the board has pr obable
42 cause to believe that a person's health or safety has been harmed by an unlicensed
43 person training under this section, and may order the establishment to immediately
44 cease participation pending further pr oceedings. Any establishment subject to
45 suspension or r evocation of r egistration under this section shall have the right to file
46 a complaint with the administrative hearing commission as provi ded by chapter 621.
47 9. Participation in the establishment training pr ogram under this section shall
48 not subject the participants to the penalties in section 328.160 rel ated to unlicensed
49 practice.
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50 10. Nothing in this section shall be construed to interfer e with barbering
51 appr enticeships.
328.080. 1. Any person desiring to practice barbering in this state shall make
2 application for a license to the board and shall pay the required barber examination fee.
3 2. The board shall examine each qualified applicant and, upon successful completion
4 of the examination and payment of the required license fee, shall issue the applicant a license
5 authorizing him or her to practice the occupation of barber in this state. The board shall admit
6 an applicant to the examination, if it finds that he or she:
7 (1) Is seventeen years of age or older;
8 (2) Is free of contagious or infectious diseases that are capable of being transmitted
9 during the ordinary course of business for a person licensed under this chapter;
10 (3) Either:
11 (a) Has studied for at least one thousand hours in a period of not less than six months
12 in a properly appointed and conducted barber school under the direct supervision of a licensed
13 instructor; or , if the applicant is an apprentice, the applicant shall have served and completed
14 no less than two thousand hours under the direct supervision of a licensed barber apprentice
15 supervisor; or
16 (b) Submits satisfactory pr oof, signed by the supervising licensee or licensees, of
17 having completed no less than two thousand hours of supervised practice in a register ed
18 barber establishment under the establishment training pr ogram crea ted in section
19 328.077;
20 (4) Is possessed of requisite skill in the trade of barbering to properly perform the
21 duties thereof, including the preparation of tools, shaving, haircutting and all the duties and
22 services incident thereto; and
23 (5) Has suff icient knowledge of the common diseases of the face and skin to avoid the
24 aggravation and spread thereof in the practice of barbering.
25 3. The board shall be the judge of whether the barber school, the barber
26 apprenticeship, or college is properly appointed and conducted under proper instruction to
27 give suff icient training in the trade.
28 4. The suf ficiency of the qualifications of applicants shall be determined by the board.
✔
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