Barber licensing.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0132

ENROLLED ACT NO. 32, HOUSE OF REPRESENTATIVES

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to the board of barber examiners; providing certification requirements for the practice of barbering as specified; providing for licensure of schools as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 33
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7
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101, 33
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7
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103(b), 33
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7
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108, 33
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7
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109(a), 33
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7
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110(a), 33
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7
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111(c), 33
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7
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201, 33
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7
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203(a), 33
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7
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204(a)(intro), by creating new paragraphs (vi) and (vii), (b) and by creating a new subsection (g), 33
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7
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205, 33
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7
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206, 33
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7
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207(a)(intro) and (viii), 33
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7
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208, 33
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7
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209(a)(intro), (i), (ii) and (c), 33
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7
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210 and 33
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7
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211 are amended to read:

33
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7
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101.

Definitions.

(a)

When
As
used in this act
:
, the term "board" shall be construed to mean the state board of barber examiners.

(b)

When used in this act, the term "schools of barbering" shall mean such schools where barbering is taught as shall have been recognized and designated by the state board of barber examiners.

(c)

Whenever used in this act, the term

(i)

"
B
arbering"
shall mean
means
the practice upon any person or persons of any of the following acts (when done for cosmetic purposes, and not for the treatment of disease or physical or mental ailments, and when done for payment, either directly or indirectly, or without payment except for the immediate family); provided, any person or persons operating a beauty
parlor
salon
or practicing
beauty culture
cosmetology
and its
attendant hair treatment or cutting
related fields
exclusively shall be exempt from the provisions of this act: shaving or treating the beard or cutting the hair, singeing, shampooing or dyeing the hair,
permanent waving

or applying hair tonics, massaging, applying cosmetic preparations, antiseptics, powder, oil, clay or lotions, to the scalp, face or neck
;
.

(ii)

"Board" means the state board of barber examiners;

(iii)

"School of barbering" means a place licensed under this act where barbering is taught to students;

(iv)

"Student" means a person duly enrolled and regularly attending a licensed school of barbering for the purpose of receiving instruction on and learning the practices of barbering;

(v)

"Unprofessional" means acting in an extreme manner not conforming to current standards of the barbering industry;

(vi)

"This act" means W.S. 33
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7
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101 through 33
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211.

33
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7
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103.

State board of barber examiners; election of officers; duties of secretary-treasurer; disposition of money received.

(b)

All money
Each fee required shall be paid in advance and
shall be received and collected as provided by law. The state treasurer shall place two percent (2%) of the money in the general fund and the remainder in
an
a separate

account
.

within the earmarked revenue fund, and shall pay out of the special fund on warrants drawn by the auditor of the state, upon vouchers issued and signed by the president and the secretary-treasurer of the board.

The money so received and placed in the account may be used by the members of the board in defraying their actual expenses and per diem allowance as hereinafter provided in carrying out the provisions of this act.
The secretary-treasurer shall keep an accurate and true account of all money received and all vouchers issued by the board, and he shall, as required by W.S. 9
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2
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1014, report to the governor respecting the board's activities.

33
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7
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108.

Shop license; barber school license; fee; renewal; application; inspection fees; nontransferable.

(a)

No person
, association, partnership or corporation
shall operate or conduct a barbershop
or barber school
without a valid, unexpired license. Licenses shall be issued by the secretary of the board of barber examiners
or the board's designee
. The annual license fee shall be set by the board pursuant to W.S. 33
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1
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201 for each shop
or school
, payable in advance, but if not paid on or before July 31 of each year, a
renewal
late
fee set by
the
board
rule and regulation

shall be assessed. The licenses shall be conspicuously displayed at all times, and no license shall be issued until all sanitary regulations required by W.S. 33
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7
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101 through 33
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211 or prescribed by the board have been complied with. Applications for new shops
or schools
or
for

shops
or schools
changing locations shall be made in writing on forms furnished by the board, and shall contain
such
information
as
required by the board. An inspection fee for a new shop
or school

or for a shop
or school
changing location shall be set by the board pursuant to W.S. 33
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1
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201. A shop
or school

license is not transferable.

(b)

Registered barbers
,

and
cosmetologists
, manicurists or nail technicians, estheticians and hair stylists
licensed under W.S. 33
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12
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119 through 33
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12
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140 may engage in the practice for which they are licensed in the same shop if the shop is licensed under subsection (a) of this section and under W.S. 33
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12
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119 through 33
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12
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140.

33
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109.

Persons addicted to intoxicating liquors or narcotics.

(a)

No person
afflicted with any communicable disease, or who is
addicted to the use of intoxicating liquors
, morphine, cocaine,

or
other narcotics,
drugs to an extent to render him unfit to practice or teach barbering
shall be entitled to any license, nor shall any such person work or be employed in any barbershop
.
, and no person afflicted with a communicable disease shall be served therein.

33
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110.

Sanitary inspection.

(a)

The board of barber examiners shall make a sanitary inspection of each barbershop
and school
at least
once every six (6) months
annually
.

33
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111.

Sanitary requirements; rules.

(c)

The board
in consultation with the department of health
may promulgate rules regarding the operation of barbershops
to preserve the public health and prevent the spread of disease
and schools to prevent the spread of infectious and contagious diseases
.

33
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7
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201.

Certificates
required; license required for shops and schools.

(a)

Except as provided in W.S. 33
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306
N
o person shall practice or attempt to practice barbering without a certificate to practice as a registered barber. No person shall operate a barbershop
or school

unless it is at all times under the direct supervision and management of a registered barber. No person shall employ another as a barber unless the person so employed holds an unexpired certificate of registration or permit issued by the board.

(b)

No person, association, partnership, or corporation shall establish or operate a barbershop or school of barbering in the state without first securing and holding a license from the board. Application for a license shall be made in writing on forms furnished by the board. The board may require to be furnished information reasonably necessary for its purposes. The board shall establish by rule and regulation standards for licensing barbershops and schools.

33
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203.

When granted without examination.

(a)

Any person, of good moral character
An applicant for a registered barber certificate
, who is
a resident of the state of Wyoming and who for one year immediately preceding January 1, 1931, has been continuously engaged in the practice of barbering in one (1) or more established places of business in said state, and who is not disqualified by virtue of any of the provisions of this act, shall be granted a registered barber's certificate, without examination, by making application to the board on or before July 1st, 1931, provided the required fees are paid.
qualified and currently holds a registered barber certificate in another state or country, upon submitting an application to the board, with proof that he meets or exceeds the requirements to receive a registered barber certificate in this state as prescribed by board rule and regulation, and upon payment of the required fee, may receive a registered barber certificate by endorsement without examination in this state subject to the following:

(i)

An applicant from another state or country which does not require a board examination or who has not graduated from a state approved program shall not obtain a certificate by endorsement; and

(ii)

An applicant who holds a valid, unexpired barbers license or certificate from another state that does not require a board examination and who has graduated from a barber school or college, upon application and payment of the required fee may be issued a temporary permit to practice as a barber under the supervision of a registered barber in this state until the next examination scheduled by the board. Each applicant may receive only one (1) temporary permit.

33
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204.

Fees.

(a)

The board shall establish and collect fees pursuant to W.S. 33
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1
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201 for the certificates,
licenses,

permits and examinations indicated:

(vi)

Barbershop license;

(vii)

Barber school license.

(b)

Certificates of registration for barbers
and barbershop and barber school licenses

expire on July 1 following their issuance. Any person who qualifies for a certificate under W.S. 33
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209
or a barbershop or barber school license as prescribed by board rule and regulation

and pays required fees shall be issued a certificate or renewal.

(g)

The board shall establish and collect fees to recover costs for publication and distribution of registers, lists and booklets, for records and affidavits processed, and for educational programs.

33
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205.

Restoration following expiration or retirement.

Any formerly registered barber whose certificate of registration has expired may within
one (1) year
five (5) years
of the date of expiration have his certificate restored immediately upon payment of the restoration fee in addition to other
renewal

fees
.

required by the board.
Any registered barber who retires from the practice of barbering for
not
more than
three (3)
five (5)
years may
not
renew his certificate of registration
.

upon payment of the restoration fee in addition to other fees required by the board
Any registered barber whose certificate has expired and who does not qualify for a certificate by endorsement as provided in W.S. 33
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7
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203 shall be required to pass the board administered examination and pay all related examination and certification fees as set forth in board rule and regulation
.

33
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206.

Display.

Every holder of a certificate of registration shall display it in a conspicuous place adjacent to or near his work chair.
Every holder of a barbershop or barber school license shall display it in a conspicuous place for public viewing.

33
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207.

Refusal to issue or renew; revocation; suspension; denial.

(a)

The board may
revoke, suspend, deny, or

refuse to issue or renew
, and may revoke,
any certificate of registration
or barbershop or barber school license, or may otherwise censure the holder of a certificate of registration or barbershop or barber school license

for any of the following causes:

(viii)

The commission
Violation
of any of the
offenses described in
provisions of
this act

or board rule and regulation
.

33
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208.

Notice and hearing for revocation.

(a)

Except as provided in W.S.
33
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311(b)
33
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207(b)
, the board
shall not
may
refuse to renew
nor shall it
or may
revoke
, deny or suspend
any
shop
license or
any
certificate of registration
of any registered barber or registered apprentice barber for any cause unless the shop, through its owner or foreman, or the registered barber or registered apprentice barber complained against, shall have been given at least
issued under this act as provided in W.S. 33
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107 after
twenty (20) days written notice
by registered mail of the acts or conditions complained of, and of the time and place where such owner, foreman, registered barber or registered apprentice barber may appear before the said board and be heard
and an opportunity for a hearing pursuant to the provisions of W.S. 16
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3
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101 through 16
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3
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115
.

(b)

Upon the
H
earing
, the board may administer oaths and may procure by its subpoena the attendance of witnesses and the production of relevant books and papers

and notice requirements shall be conducted pursuant to the Wyoming Administrative Procedure Act, W.S. 16
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3
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101 through 16
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3
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115
.

33
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209.

Qualifications for registration as barber; examination.

(a)

No person shall receive
A
certificate of registration to practice barbering
, other than a renewal or restoration, unless he

shall be issued upon passage of a board administered or board approved examination, and upon meeting all requirements set forth by board rule and regulation, to any person who files a completed application, accompanied by the required fees and documentation and who
:

(i)

Has
graduated from an approved barber school or college
,

within the three (3) year period preceding the date of his application for registration and passed an examination conducted by the board to determine his fitness to practice barbering
has an education equivalent to the completion of the second year of high school and is at least seventeen (17) years of age
;

(ii)

On the date of his application,
H
as a valid, unexpired license as a barber from another
jurisdiction
state or country

which
similarly permits barbers registered in Wyoming to be licensed there without examination or which is a party to a reciprocity agreement under subsection (b) of this section
has licensing requirements for barbers that meet or exceed the requirements for certification in Wyoming
;
or

(c)

An applicant for a certificate of registration to practice as a registered barber who fails to pass an examination conducted by the board, may be examined at the next examination.
No applicant for a registered barber's certificate shall be permitted to take more than four (4) examinations.

33
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210.

Application for examination.

Each applicant for an examination shall make application to the board on blank forms prepared and furnished by the board
, such application to contain proof under the applicant's oath of the particular qualifications of the applicant, and which application shall be accompanied by the fee as in this act specified

and shall submit proper credentials and all required fees as required by the board no less than fifteen (15) days before the examination is to be given
.

33
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211.

Time and character of examinations.

The examination required under W.S.
33
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209(a)(i)
33
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209(a)
shall be conducted at a time and place chosen by the board and given at least once every six (6) months. Examinations shall
not

be
confined to any specific method or system, may consist of

oral, written and
practical
performance examinations
, and shall

be of the scope and character to disclose that any person passing the examination is qualified to receive a registered barber certificate. Examinations shall

be held in the presence of at least one (1) member of the board or
some registered barber selected by the board
a qualified examiner as determined by board rule and regulation
.

Section 2.
W.S. 33
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7
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109(b), 33
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111(a) and (b), 33
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7
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203(b) and (c), 33
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7
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204(e) and (f), 33
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207(a)(iii) and (vi), 33
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209(b) and 33
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301 through 33
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314 are repealed.

Section 3.
This act is effective July 1, 2005.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1