Chapter 328 Barbers
328.025 - Duplicate license, issued when.
If a license issued under this chapter has been destroyed, lost, mutilated beyond practical usage, or was never received, the licensee shall obtain a duplicate license from the board by appearing in person at the board's office or mailing, by certified mail, return receipt requested, a notarized affidavit stating that the license has been destroyed, lost, mutilated beyond practical usage, or was never received.
328.070 - Public examinations by board.
The board shall hold public examinations at least four times in each year, at such times and places as it may deem advisable, notice of such examinations to be published at least ten days prior to the date of the examination.The board shall publish its notice of the examination date, place, and time in any manner that it deems appropriate.In lieu of holding its own examinations for barber applicants, the board may contract with an outside entity qualified to examine applicants for licensure.
328.160 - Penalty for violation of provisions of chapter.
Any person practicing the occupation of barbering without having obtained a license as provided in this chapter, or willfully employing a barber who does not hold a valid license issued by the board, managing or conducting a barber school or college without first securing a license from the board, or falsely pretending to be qualified to practice as a barber or instructor or teacher of such occupation under this chapter, or failing to keep any license required by this chapter properly displayed or for any extortion or overcharge practiced, and any barber college, firm, corporation or person operating or conducting a barber college without first having secured the license required by this chapter, or failing to comply with such sanitary rules as the board prescribes, or for the violation of any of the provisions of this chapter, shall be deemed guilty of a class C misdemeanor.Prosecutions under this chapter shall be initiated and carried on in the same manner as other prosecutions for misdemeanors in this state.
328.015 - Board of barber examiners abolished, duties merged with board of cosmetology and barber examiners — effect on rules and existing licenses.
1.Upon appointment by the governor and confirmation by the senate of the board, the board of barber examiners shall be abolished and its duties and responsibilities shall merge into the board as established under section 329.015.The board shall be a continuance of and shall carry out the duties of the board of barber examiners.
2.Upon appointment by the governor and confirmation by the senate of the board, all of the powers, duties, and functions of the board of barber examiners shall be transferred to, conferred, and imposed upon the board.The board shall be the successor in every way to the powers, duties, and functions of the board of barber examiners.
3.Every act performed in the exercise of such powers, duties, and authorities by or under the authority of the board shall be deemed to have the same force and effect as if performed by the board of barber examiners under this chapter, including any amendments thereto effective with the passage of this section or prior to August 28, 2005.
4.All rules of the board of barber examiners and any amendments to such rules shall continue to be effective and shall be deemed to be duly adopted rules of the board until revised, amended, or repealed by the board.The board shall review such rules and shall adopt new rules as required for the administration of this chapter for barbers and cosmetologists.
5.Any person or entity licensed or provisionally licensed by the board of barber examiners prior to the appointment by the governor and confirmation by the senate of the board, shall be considered licensed in the same manner by the board.
328.115 - Barber establishments, licensure requirements — sanitary regulations, noncompliance, effect — renewal of license, fee — delinquent fee.
1.The owner of every establishment in which the occupation of barbering is practiced shall obtain a license for such establishment issued by the board before barbering is practiced therein.A new license shall be obtained for a barber establishment within forty-five days when the establishment changes ownership or location.The state inspector shall inspect the sanitary conditions required for licensure, established under subsection 2 of this section, for an establishment that has changed ownership or location without requiring the owner to close business or deviate in any way from the establishment's regular hours of operation.
2.The board shall issue a license for a establishment upon receipt of the license fee from the applicant if the board finds that the establishment complies with the sanitary regulations adopted pursuant to section 329.025.All barber establishments shall continue to comply with the sanitary regulations.Failure of a barber establishment to comply with the sanitary regulations shall be grounds for the board to file a complaint with the administrative hearing commission to revoke, suspend, or censure the establishment's license or place the establishment's license on probation.
3.The license for a barber establishment shall be renewable.The applicant for renewal of the license shall on or before the renewal date submit the completed renewal application accompanied by the required renewal fee.If the renewal application and fee are not submitted within thirty days following the renewal date, a penalty fee plus the renewal fee shall be paid to renew the license.If a new establishment opens any time during the licensing period and does not register a license before opening, there shall be a delinquent fee in addition to the regular fee.The license shall be kept posted in plain view within the barber establishment at all times.
328.150 - Denial, revocation, or suspension of certificate, grounds for.
1.The board may refuse to issue any certificate of registration or authority, permit or license required pursuant to this chapter for one or any combination of causes stated in subsection 2 of this section.The board shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of his right to file a complaint with the administrative hearing commission as provided by chapter 621.
2.The board may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621 against any holder of any certificate of registration or authority, permit or license required by this chapter or any person who has failed to renew or has surrendered his certificate of registration or authority, permit or license for any one or any combination of the following causes:
(1)Use of any controlled substance, as defined in chapter 195, or alcoholic beverage to an extent that such use impairs a person's ability to perform the work of any profession licensed or regulated by this chapter;
(2)The person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of any profession licensed or regulated under this chapter, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed;
(3)Use of fraud, deception, misrepresentation or bribery in securing any certificate of registration or authority, permit or license issued pursuant to this chapter or in obtaining permission to take any examination given or required pursuant to this chapter;
(4)Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation;
(5)Incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of any profession licensed or regulated by this chapter;
(6)Violation of, or assisting or enabling any person to violate, any provision of this chapter, or of any lawful rule or regulation adopted pursuant to this chapter;
(7)Impersonation of any person holding a certificate of registration or authority, permit or license or allowing any person to use his or her certificate of registration or authority, permit, license or diploma from any school;
(8)Disciplinary action against the holder of a license or other right to practice any profession regulated by this chapter granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state;
(9)A person is finally adjudged insane or incompetent by a court of competent jurisdiction;
(10)Assisting or enabling any person to practice or offer to practice any profession licensed or regulated by this chapter who is not registered and currently eligible to practice under this chapter;
(11)Issuance of a certificate of registration or authority, permit or license based upon a material mistake of fact;
(12)Failure to display a valid certificate or license if so required by this chapter or any rule promulgated hereunder;
(13)Violation of any professional trust or confidence;
(14)Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed;
(15)Failure or refusal to properly guard against contagious, infectious or communicable diseases or the spread thereof.
3.After the filing of such complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621.Upon a finding by the administrative hearing commission that the grounds, provided in subsection 2, for disciplinary action are met, the board may, singly or in combination, censure or place the person named in the complaint on probation on such terms and conditions as the board deems appropriate for a period not to exceed five years, or may suspend, for a period not to exceed three years, or revoke the license, certificate, or permit.
328.010 - Definitions.
As used in this chapter, unless the context clearly indicates otherwise, the following terms mean:
(1)"Barber", any person who is engaged in the capacity so as to shave the beard or cut and dress the hair for the general public shall be construed as practicing the occupation of "barber", and the said barber or barbers shall be required to fulfill all requirements within the meaning of this chapter;
(2)"Barber establishment", that part of any building wherein or whereupon any occupation of barbering is being practiced including any space or barber chair rented within a licensed establishment by a person licensed under this chapter, for the purpose of rendering barbering services;
(3)"Board", the board of cosmetology and barber examiners;
(4)"Cross-over license", a license that is issued to any person who has met the licensure and examination requirements for both barbering and cosmetology;
(5)"School of barbering", an establishment operated for the purpose of teaching barbering as defined in subdivision (1) of this section.
328.110 - Application for renewal of license — fees.
1.Every person engaged in barbering shall on or before the renewal date apply for the renewal of his or her license.
2.Each application for renewal shall state the number of the licensee's expiring license, and be accompanied by his or her renewal fee.Any person holding a license as a barber, except as herein provided, who fails to apply for renewal within two months of the expiration date of his or her license, shall pay a reinstatement fee in addition to the regular license renewal fee.Any person who fails to renew his or her license, except as herein provided, for a period not exceeding two years may reinstate his or her license upon payment of the license renewal fee for each delinquent year in addition to the reinstatement fee prescribed herein, but any barber, except as herein provided, who fails to renew his or her license for a period exceeding two years but less than five years and desires to be licensed as a barber in this state will be required to pass the practicum portion of the state's licensing examination as to his or her qualifications to practice barbering and shall pay the barber examination fee.
3.A holder of a barber license who has been honorably discharged from the United States Armed Forces, and has not renewed his or her license as herein provided, shall, upon his or her return to barbering within one year from date of honorable discharge, pay one dollar for renewal of same.
328.130 - Board to furnish license — duty of holder.
The board shall issue a printed license to each person successfully meeting the board's requirements for licensure, which shall be evidence the holder thereof is entitled to practice the occupation of barbering in this state.The licensee shall post his or her license in a conspicuous place in front of his or her working chair where it may be readily seen by all persons whom he or she may serve.
328.120 - Barber school licenses, fee — requirements for operation — rulemaking, generally, this chapter — procedure.
1.Any firm, corporation or person may make application to the board for a license to own and operate a barber school or college on the form prescribed by the board.Every barber school or college in which the occupation of barbering is taught shall be required to obtain a license from the board prior to opening.The license shall be issued upon approval of the application by the board, the payment of the required fees, and the board's determination that the applicant meets all other requirements of this chapter and any rules promulgated thereunder.The license shall be kept posted in plain view within the barber school or college at all times.
2.A barber school or college license renewal application and fee shall be submitted on or before the renewal date of any school or college license issued under this section.If the barber school or college license renewal fee is not paid on or before the renewal date, a late fee shall be added to the regular license renewal fee.
3.The board shall promulgate rules and regulations regarding the course of study in a barber school or college, and may revoke any license issued hereunder for any violation of the provisions of this section or rule promulgated pursuant to this section.The board shall follow the procedure prescribed by chapter 621 to revoke a barber school license.Licenses shall not be restricted to any one group or person but shall be granted to any reasonably qualified person or group under a fair and nondiscriminating method of determination.
4.There shall be not less than one teacher or instructor for every fifteen students in any barber school or college holding a license under this section.
5.The barber school or college shall immediately file with the board the name and age of each student entering the school, and the board shall cause the same to be entered in a register kept for that purpose.A registration fee shall be paid by the student.
6.The barber school or college shall certify to the board the names of all students who successfully completed a course of study approved by the board and consisting of at least one thousand hours of study under the direct supervision of a licensed instructor in a period of not less than six months.
7.No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
328.020 - License required.
It shall be unlawful for any person to practice the occupation of a barber in this state, unless he or she shall have first obtained a license, as provided in this chapter.
328.075 - Barber apprentices, application, fee, requirements — rulemaking authority.
1.Any person desiring to practice as an apprentice for barbering in this state shall apply to the board, shall be registered as an apprentice with the board, and shall pay the appropriate fees prior to beginning their apprenticeship.Barber apprentices shall be of good moral character and shall be at least seventeen years of age.
2.Any person desiring to act as an apprentice supervisor for barbering in this state shall first possess a license to practice the occupation of barbering, apply to the board, pay the appropriate fees, complete an eight-hour apprentice supervision instruction course certified by the board, and be issued a license as a barber apprentice supervisor prior to supervising barber apprentices.
3.The board may promulgate rules establishing the criteria for the supervision and training of barber apprentices.
4.Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2004, shall be invalid and void.
328.080 - Application for licensure, fee, examination, qualifications — approval of schools.
1.Any person desiring to practice barbering in this state shall make application for a license to the board and shall pay the required barber examination fee.
2.The board shall examine each qualified applicant and, upon successful completion of the examination and payment of the required license fee, shall issue the applicant a license authorizing him or her to practice the occupation of barber in this state.The board shall admit an applicant to the examination, if it finds that he or she:
(1)Is seventeen years of age or older;
(2)Is free of contagious or infectious diseases that are capable of being transmitted during the ordinary course of business for a person licensed under this chapter;
(3)Has studied for at least one thousand hours in a period of not less than six months in a properly appointed and conducted barber school under the direct supervision of a licensed instructor; or, if the applicant is an apprentice, the applicant shall have served and completed no less than two thousand hours under the direct supervision of a licensed barber apprentice supervisor;
(4)Is possessed of requisite skill in the trade of barbering to properly perform the duties thereof, including the preparation of tools, shaving, haircutting and all the duties and services incident thereto; and
(5)Has sufficient knowledge of the common diseases of the face and skin to avoid the aggravation and spread thereof in the practice of barbering.
3.The board shall be the judge of whether the barber school, the barber apprenticeship, or college is properly appointed and conducted under proper instruction to give sufficient training in the trade.
4.The sufficiency of the qualifications of applicants shall be determined by the board.
328.090 - Barber schools — examinations for teaching.
Any person desiring to teach barbering in this state in a barber school, college or barber shop must first possess a license to practice the occupation of barbering and make application to the board for an examination as a teacher or instructor in said occupation and shall pay the required instructor examination fee.The board shall examine such applicant and after finding that he or she is duly qualified to teach said occupation, the board shall issue to him or her a license entitling him or her to teach barbering in this state, subject to all the provisions of this chapter.Holders of licenses to teach barbering shall, on or before the expiration of their respective licenses, make application for the renewal of same, and shall in each case pay the instructor renewal fee.Should any person holding a license to teach barbering fail to renew same within the time prescribed herein, such person shall be required to pay a reinstatement fee in addition to the regular license fee provided for herein.Any person failing to renew his or her license to teach barbering for a period not exceeding two years may reinstate said license upon the payment of the renewal fee in addition to the reinstatement fee, but any person failing to renew his or her license to teach barbering for a period exceeding two years and desiring to be licensed as a teacher of barbering in this state will be required to pass a satisfactory examination as to his or her qualifications to teach barbering and shall pay the instructor examination fee.
328.085 - Reciprocity with other states — license without examination, when — fee.
1.The board shall grant without examination a license to practice barbering to any applicant who has practiced the trade in another state for at least two consecutive years.An applicant under this section shall pay the appropriate application and licensure fees at the time of making application.A licensee who is currently under disciplinary action with another board of barbering shall not be licensed by reciprocity under the provisions of section 324.009.
2.Any person who has lawfully practiced or received training in another state who does not qualify for licensure without examination may apply to the board for licensure by examination.Upon application to the board, the board shall evaluate the applicant's experience and training to determine the extent to which the applicant's training and experience satisfies current Missouri licensing requirements and shall notify the applicant regarding his or her deficiencies and inform the applicant of the action which he or she must take to qualify to take the examination.
3.The applicant for licensure under this section shall pay a fee equivalent to the barber examination fee.