RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF BARBER EXAMINERS
[49 PA. CODE CH. 3]
Standards for Disinfection and Sanitation
[32 Pa.B. 5751] The State Board of Barber Examiners (Board) amends Chapter 3 (relating to State Board of Barber Examiners) to read as set forth in Annex A.
A. Effective Date
The rulemaking will be effective upon publication of final-form rulemaking in the Pennsylvania Bulletin.
B. Statutory Authority
The final-form rulemaking is authorized under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (act) (63 P. S. § 566.4(b)), known as the Barbers' License Law.
C. Background and Purpose
The purpose of the final-form rulemaking is twofold. First, it would update and implement standards for disinfection and sanitation that reflect current knowledge and practices for preventing the spread of pathogens in barber shops and barber schools. Second, it would delete unnecessary provisions and make editorial changes.
D. Summary of Comments and Responses on Proposed Rulemaking
Notice of the proposed rulemaking was published at 31 Pa.B. 2686 (May 26, 2001). Publication was followed by a 30-day public comment period during which the Board received one public comment. Following the close of the public comment period the Board received comments from the House Professional Licensure Committee (HPLC) and the Independent Regulatory Review Commission (IRRC). The Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) did not comment. The following is a response to the comments. The one public comment the Board received offered support of the proposed rulemaking and did not suggest any changes. Therefore, that public comment has not been addressed in the Preamble.
Section 3.12. License limitations.
The HPLC and IRRC commented that the term ''teacher'' is used in the regulation, whereas the statute uses the term ''barber-teacher.'' The HPLC and IRRC recommended that the term ''teacher'' in this section be changed to ''barber-teacher'' to be consistent with the statutory language. The Board agrees and has amended this section accordingly.
Section 3.22. Credit.
Section 3.41. Applications for examinations.
The HPLC and IRRC commented that the term ''barber-manager'' is used in these sections of the proposed rulemaking, whereas the statute uses the term ''manager-barber.'' The HPLC and IRRC recommended that the term ''barber-manager'' in these sections be changed to ''manager-barber'' to be consistent with the statutory language. The Board agrees and has amended these sections accordingly.
Section 3.54. Minimum equipment requirements.
The HPLC commented that the Board was amending paragraph (5) to require a sanitary headrest for ''every two chairs'' and paragraph (18) to change the equipment requirement of at least six combs for each chair in operation to an unspecified number of combs. The HPLC requested the rationale for these changes and questioned whether they would result in a reduction in sanitary standards. A headrest is not needed for all services that are performed and on modern barber chairs the headrest is removable. The change in paragraph (5) would allow barbers to still provide the services that require the headrest while eliminating the need to store unused equipment. As the headrest that is used is still required to be sanitary it would not result in a reduction in sanitary standards. The change to paragraph (18) is likewise made to eliminate the need for unused equipment and to allow barbers to choose the number of combs they feel is necessary to perform their services.
Section 3.55. Maintenance and sanitation.
IRRC commented on an inconsistency between subsection (f) and § 3.54(8) (relating to minimum equipment requirements) in which the Board eliminated the requirement for soiled towels to be placed in a ''covered'' receptacle. Subsection (f) still requires the towels to be discarded in a ''closed'' receptacle. IRRC recommended that both sections should be consistent. The Board agrees and has amended subsection (f) to remove the word ''closed.''
The HPLC commented that § 3.55(c)(2) (relating to maintenance and sanitation) used virtually the same language as provided in the definition of ''disinfect'' in § 3.1 (relating to definitions). The HPLC recommended that the definitions of ''disinfect'' and ''EPA registered disinfectant'' be consolidated in § 3.1 and that § 3.55(c)(2) reference the definition rather than redefining the term within that section. The Board has amended § 3.55(c)(2) and identical language in § 3.86(b)(2) (relating to maintenance and sanitation) to reference the definition for ''disinfect.'' As §§ 3.55(c)(1) and 3.86(b)(1) use the identical language as the definition for ''cleanse,'' the Board amended these sections to reference the definition for ''cleanse'' to be consistent with §§ 3.55(c)(2) and 3.86(b)(2). After considering the recommendation to consolidate the definitions for ''disinfect'' and ''EPA registered disinfectant'' the Board felt that it made the definitions clearer to leave them separate. However it did eliminate language from the definition of ''disinfect'' that was also used in the definition of ''EPA registered disinfectant.''
Section 3.61. Out-of-shop services.
IRRC questioned the Board's reasoning for the proposed deletion of § 3.61(4) (relating to out-of-shop services) and asked whether a cross-reference to § 3.55(c) should be put in if the Board does delete this paragraph. The Board originally planned to delete this paragraph because it felt that it was clear that the maintenance and sanitation requirements had to be adhered to whether one was in or out of a shop. However, in response to IRRC's comment, the Board has decided to retain § 3.61(4). Even though the Board has not deleted this paragraph, it has added a cross-reference to § 3.55(c) as suggested by IRRC because it felt this made the paragraph clearer.
Section 3.71. Curriculum.
IRRC recommended that the subject listings should be consistently plural or singular. The Board agrees and has amended the section so that all subject listings are plural.
Section 3.72. Student's records.
The HPLC recommended that the terminology in § 3.71 (relating to curriculum) be consistent with the statutory terms of ''manager-barber'' and ''barber-teacher.'' However, no reference is made to these terms in § 3.71. IRRC correctly pointed out that § 3.72 (relating to student's records) used inconsistent terms. The Board agrees and has amended this section accordingly.
Section 3.85. Equipment.
The HPLC requested an explanation as to why Gray's Anatomy would be deleted as a requirement for barber schools in § 3.85 (relating to equipment). The Board notes that the section also requires a set of library books on anatomy in subsection (a)(10). Therefore, barber schools must still have an anatomy book. The Board is eliminating the requirement for a specific anatomy book to allow barber schools to choose from the various anatomy books published.
Section 3.86. Maintenance and sanitation.
The HPLC and IRRC both recommended that the title of this section, ''maintenance and sterilization,'' be changed to ''maintenance and sanitation'' to be consistent with the proposed title of § 3.55, which uses the term ''sanitation,'' and to more accurately reflect the content of that section. The Board agrees and has amended this section accordingly.
E. Compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation''
The Board reviewed this final-form rulemaking and considered its purpose and likely impact on the public and the regulated population under the directives of Executive Order 1996-1. The final-form rulemaking addresses a compelling public interest as described in this Preamble and otherwise complies with Executive Order 1996-1.
F. Fiscal Impact and Paperwork Requirements
The final-form rulemaking will have no fiscal impact on the Commonwealth or its political divisions.
G. Sunset Date
The Board continuously monitors its regulations. Therefore, no sunset date has been assigned.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 26, 2001, the Board submitted a copy of the notice of proposed rulemaking published at 31 Pa.B. 2686, to IRRC and to the Chairpersons of the SCP/PLC and the HPLC for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing this final-form rulemaking, the Board has considered the comments received from IRRC, the SCP/PLC and the HPLC and the public.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on October 22, 2002, this final-form rulemaking was deemed approved by the HPLC. On October 23, 2002, this final-form rulemaking was deemed approved by the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on October 24, 2002, and approved the final-form rulemaking.
I. Contact Person
Further information may be obtained by contacting Sara Sulpizio, Administrative Assistant, State Board of Barber Examiners, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-3402, www.dos.state.pa.us.
F. Findings
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202), and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) The final-form rulemaking does not enlarge the purpose of proposed rulemaking published at 31 Pa.B. 2686.
(4) The final-form rulemaking is necessary and appropriate for administration and enforcement of the authorizing act identified in Part B of this Preamble.
K. Order
The Board, acting under its authorizing statutes, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 3, are amended by amending §§ 3.1, 3.12, 3.22, 3.41, 3.43, 3.51, 3.52, 3.54, 3.55, 3.61, 3.71--3.73, 3.84--3.88 and 3.90 and by deleting § 3.57 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of General Counsel and to the Office of Attorney General as required by law.
(c) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on publication in the Pennsylvania Bulletin.
CHERYL MCDERMOTT,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 32 Pa.B. 5582 (November 9, 2002).)
Fiscal Note: Fiscal Note 16A-424 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 49. PROFESSIONAL AND
VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND
OCCUPATIONAL AFFAIRS
CHAPTER 3. STATE BOARD OF
BARBER EXAMINERS
GENERAL PROVISIONS § 3.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act--The act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. §§ 551--566.4), known as the Barbers' License Law.
Board--The State Board of Barber Examiners, Bureau of Professional and Occupational Affairs, Department of State, Harrisburg, Pennsylvania 17120.
Cleanse--To clean and remove debris by washing with soap and water.
Disinfect--Complete immersion in an EPA-registered bactericidal, virucidal, fungicidal and tuberculocidal disinfectant that is mixed and used according to the manufacturer's directions.
EPA--The Federal Environmental Protection Agency.
EPA registered disinfectant--A product used to destroy pathogenic micro-organisms that is registered under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) (7 U.S.C.A. §§ 136--136y).
LICENSES § 3.12. License limitations.
(a) An individual to whom a barber-teacher's license has been issued will be deemed qualified to perform the functions of a barber-teacher, manager-barber or a barber.
(b) An individual to whom a manager-barber's license has been issued shall be deemed qualified to perform the functions of a manager-barber or a barber.
STUDENTS § 3.22. Credit.
A student will be given credit only for the actual time spent performing barbering services, or being instructed in theory by a licensed barber-teacher or manager-barber.
EXAMINATIONS § 3.41. Applications for examinations.
(a) An application for admission to an examination shall be properly completed and on file with the Board on or before the 10th of the month preceding the month in which the examination is held. The examinations will be held in March, June, September and December.
(b) An examination application shall include payment of the fee, a notarized statement certifying the completion of the hours of instruction, from either a barber school or a barber-teacher or manager-barber with whom the student has studied and trained, and a notarized statement from a physician indicating that the student is free from contagious and infectious diseases.
§ 3.43. Practical test.
(a) For the practical test, an applicant shall bring to the examination center a patron upon whom the applicant may demonstrate the ability to do practical work.
(b) An applicant shall furnish his own tools, such as mannequins, clippers, shears, combs, razors, hone, strop, shaving brush, hair cloth, tonics, creams, towels and spatula to perform the practical operations of barbering.
(c) An applicant shall appear at the practical examination with a washable jacket or smock.
(d) The applicant shall demonstrate haircutting, permanent waving, hair coloring, shaving and honing and stropping.
(e) Each part of the practical test enumerated in subsection (d) should be considered a new operation. The applicant who has completed one operation shall begin the next operation as if a new patron were seated in the chair.
(f) Time permitted for the practical examination will be 1 1/2 hour.
BARBER SHOPS § 3.51. Licenses and permits.
(a) A new barbershop may not be opened, a person may not take over an existing barbershop and an existing shop may not be moved to a new location, until an application has been filed with the Board, the shop inspected and approved, and registration granted.
(b) Trade names and fictitious names shall be registered with the Corporation Bureau of the Department of State before a permit will be issued.
(c) Every barbershop shall display the licenses, permits and this chapter in a conspicuous place. Copies for posting may be obtained from the Board.
(d) A shop license will not be issued to a corporation, a partnership or an individual unless a licensed manager-barber is listed as manager, except for one-barber barbershops and for shops owned by licensed cosmetologists in which only one licensed barber and one licensed cosmetologist are working.
§ 3.52. Minimum general requirements.
(a) Every barbershop shall provide for the following:
(1) Adequate location.
(2) Sufficient amount of floor space.
(3) Ample light.
(4) Facilities for heating.
(5) Proper ventilation.
(6) Clean walls and ceiling.
(7) Suitable flooring (hardwood, tile, composition, linoleum) in the work area.
(8) Readily available restroom facilities.
(b) A barbershop may not be located in a food store, soft drink parlor, restaurant, coffee shop or in a place where foodstuffs are kept for sale in other than the original package, unless separated therefrom by a solid partition extending from floor to ceiling. If the partition contains a door, the door shall be kept closed.
(c) When a barbershop and a cosmetology shop are located side by side in the same building and owned by the same individual, partnership or corporation, the shops may share restroom facilities.
§ 3.54. Minimum equipment requirements.
Every barbershop shall provide for the following:
(1) One barber pole, or a sign indicating that barbering services are performed.
(2) A stand and mirror or the equivalent.
(3) One hand mirror.
(4) One barber chair which revolves, reclines and has a headrest.
(5) A sanitary headrest for every two chairs.
(6) A closed container for clean towels.
(7) A covered waste container for each chair.
(8) One soiled towel receptacle for each chair.
(9) At least one washstand for every two chairs.
(10) Running hot and cold water in every washstand.
(11) A supply cabinet for stock of towels and supplies.
(12) Seating accommodations for at least three persons.
(13) One clothes tree or its equivalent.
(14) One cabinet or closet for mops, brooms, and the like.
(15) One hair clipper for each chair in operation.
(16) Two razors for each chair in operation, at least one of which is nondisposable.
(17) Two shears for each chair in operation.
(18) Combs for each chair in operation.
(19) One strop.
(20) One tweezer.
(21) One hone.
(22) Sanitary towels for each chair.
(23) Two clean haircloths for each chair.
(24) Neck strips and dispenser.
(25) Disinfection solution.
(26) Proper disinfection equipment.
(27) Hair tonic, face lotion, cold cream and massage cream.
(28) Powder or liquid styptic.
§ 3.55. Maintenance and sanitation.
(a) Every barbershop shall be well lighted, well ventilated and kept in a clean, orderly and sanitary condition. Waste containers shall be thoroughly cleaned at least once every 24 hours. The floor in the work area shall consist of hardwood, linoleum or other hard surfaces and shall be maintained in good repair. Every barbershop shall be provided with adequate lavatories, readily accessible and kept in a sanitary condition.
(b) Running water, hot and cold, shall be provided at a convenient point within each barbershop.
(c) Equipment and implements that come into contact with a patron's skin, scalp or hair shall be subject to the following procedure following each patron use:
(1) Step 1: Cleanse. The objects shall be cleansed as the term is defined in § 3.1 (relating to definitions).
(2) Step 2: Disinfect. The cleansed objects shall be disinfected as defined in § 3.1.
(3) Step 3: Rinse and dry. The cleansed and disinfected objects shall be rinsed with clean water and dried with a clean towel.
(4) Step 4: Store. The cleansed, disinfected, rinsed and dried objects shall be stored in a clean, dry and closed container clearly marked as such. Sharp implements shall be stored upright with the points down.
(d) Only cleansed, disinfected and rinsed equipment and implements properly stored shall be used on patrons.
(e) Equipment and implements which have been dropped onto the floor or any other unclean surface shall be subjected to the four-step cleanse/disinfect/rinse and dry/store procedure prior to any patron use.
(f) Every barbershop shall use only freshly laundered and sanitized towels, kept in a closed dustproof container, for each patron. The headrest of the barber chair shall be covered with a freshly laundered towel or fresh paper for each patron. In cutting the hair of a person, a newly laundered towel or fresh paper shall be placed about the neck to prevent the hair cloth from touching the skin. Towels used on each patron shall be discarded in a receptacle, and towels may not be left lying on a workbench or washbowl.
(g) Every person serving as a barber or student shall thoroughly cleanse his hands immediately before serving each customer.
(h) Persons employed in a barbershop shall be clean, both as to person and dress.
(i) The use of finger bowls, powder puffs, styptic pencils or sponges in a barbershop is prohibited. A barber may not keep these items on or about a workstand. Nothing but powdered or liquid astringents applied in each case on a clean towel or clean piece of cotton may be used to check bleeding.
(j) A barber may not undertake to treat disease of the skin, but shall advise consultation with a physician.
(k) Products shall be used in accordance with the manufacturer's instructions.
(l) The Board will, in cooperation with the Department of Health, or other State or Federal agencies of comparable experience in matters of public health, prohibit the use of a substance or device in performing barbering services when the use may expose the public to unnecessary health hazards. Notice of this prohibition shall be transmitted to licensees in accordance with section 10 of the act (63 P. S. § 560).
§ 3.57. (Reserved).
SERVICES PERFORMED OUTSIDE THE SHOP § 3.61. Out-of-shop services.
When barbering services are provided outside a licensed barbershop, the following requirements apply:
(1) Out-of-shop services shall be performed by a licensed barber under the sponsorship of a licensed barbershop, in accordance with the limitations in section 563 of the act (63 P. S. § 563).
(2) Supplies and equipment utilized in out-of-shop services shall be furnished by the sponsoring shop.
(3) Appointments for out-of-shop services shall be recorded in an appointment book kept by the sponsoring shop and made available to inspectors for the Commonwealth when requested.
(4) The owner of the sponsoring shop shall comply with the sanitary requirements of § 3.55 (relating to maintenance and sanitation) as if out-of-shop services were performed in the shop.
STUDY IN BARBER SHOPS § 3.71. Curriculum.
(a) Schedule. Every student shall be instructed in accordance with the following schedule:
Approximate Subject Hours Honing and stropping 25 Shaving and various uses of the straight razor 240 Haircutting, hairstyling and hairpieces 535 Shampoo and scalp massages 25 Haircoloring 25 Massaging (facials) 25 Hairwaving or curling (perms), straightening 25 Scalp and skin disease 50 State barber law and rules and regulations 50 Physiology 50 Sterilization and sanitation 50 Hygiene 25 Bacteriology 25 Electricity (ultraviolet, high frequency, infrared, curling irons) 25 Professional ethics and barbershop demeanor 25 Manager-barber instructions, instruments, shop management, examination orientation and preparation for related 50 ______ Total minimum hours of credit required 1,250 (b) Practical work.
(1) Each student shall perform the following amount of practical work during his training:
Approximate Subject Number Permanent waves 50 Colors 50 Haircuts 200 Shaves 150 Massages (facial) 50 Shampoos 50 ______ Total operations 550 (2) The shop owner shall display, in front of the student performing the practical work, a sign in display letters at least 1 inch in height as follows:
WORK DONE BY STUDENT (c) Exception. A student who has commenced training under the previous curriculum before January 25, 1992, is not affected by subsection (a).
(d) Examination.
(1) If a licensed cosmetologist wishes to take the barber examination, the cosmetologist shall have successfully completed the following subjects:
Approximate Subject Hours State barber laws, rules and regulations 50 Haircutting, hairstyling and hairpieces 330 Shaving and various uses of the straight razor 240 Honing and stropping 50 Manager-barber instructions, instruments, shop management, orientation and preparation for related examination 25 ______ Total hours of credit 695 (2) Upon application to the Board, the cosmetologist will be given 555 hours of credit for subjects previously covered in the cosmetology training courses, to be applied to the 1,250 hour training requirement.
§ 3.72. Student's records.
(a) Student records shall be kept for inspection by the Board's representative, which shall include proofs of age, education, blood test results, daily attendance and progress. The file shall be provided to the student at the student's request. The file shall be maintained for at least 5 years, beginning with the date when the student studies in the shop. If the shop is closed within this 5-year period, the student's file shall be forwarded to the Board and the student shall be so notified by the shop.
(b) A manager-barber or barber-teacher who is training a student under subsection (a) shall keep quarterly reports of the hours earned by the student. The quarterly reports shall be provided to the student upon request.
§ 3.73. Books.
Library and textbooks for teaching students shall include adequate books needed by the students. Among these shall be included a medical dictionary and a standardized textbook on barbering.
SCHOOLS OF BARBERING § 3.84. Space.
Clinic rooms shall be a minimum length of at least 10 feet for the first chair and 5 additional feet centerpoint between each additional chair with a minimum width of 12 feet for one row of chairs. Where two rows of chairs are opposite of each other, the room shall be a minimum of 20 feet wide.
§ 3.85. Equipment.
(a) Every barber school shall have the following equipment for each school:
(1) One blackboard, at least 4 feet by 8 feet.
(2) One dermal lamp or therapeutic lamp.
(3) One hair dryer for each ten students.
(4) One high frequency electric current equipment.
(5) One microscope.
(6) One twin vibrator.
(7) One medical dictionary.
(8) A set of charts on skin, bones, muscles, nerves and the circulatory system 24 inches by 30 inches or equivalent.
(9) A set of library books on anatomy, physiology and hygiene.
(10) Sufficient chairs, coat and hat racks to accommodate patrons.
(11) One electric lather mixer for every ten students.
(12) One washbowl for every two chairs.
(b) Every barber school shall have the following equipment for each student:
(1) One standard barber chair with a modern workstand.
(2) One large mirror 36 inches by 36 inches.
(3) One dry sterilizing cabinet for all instruments.
(4) One wet sterilizer, properly functioning.
(5) One covered hamper for soiled towels.
(6) One covered waste container.
(7) One dust proof cabinet for linens.
(8) One electric hair clipper.
(9) Three shears (one thinning).
(10) Two razors, at least one of which is nondisposable.
(11) Four combs.
(12) One set of strops.
(13) One hone.
(14) One standard textbook on barbering. Sets of question and answer books are not considered textbooks.
(15) One hand-held hairdryer.
§ 3.86. Maintenance and sanitation.
(a) Every barber school shall be well lighted, well ventilated, kept in a clean, orderly and sanitary condition. Waste containers shall be thoroughly cleaned at least once every 24 hours. The floor in the work area shall consist of hardwood, linoleum or other hard surfaces and shall be maintained in good repair. Every barber school shall be provided with adequate lavatories, readily accessible and kept in a sanitary condition.
(b) Equipment and implements that come into contact with a patron's skin, scalp or hair shall be subject to the following procedure following each patron use:
(1) Step 1: Cleanse. The objects shall be cleansed as the term is defined in § 3.1 (relating to definitions).
(2) Step 2: Disinfect. The cleansed objects shall be disinfected as the term is defined in § 3.1
(3) Step 3: Rinse and dry. The cleansed and disinfected objects shall be rinsed with clean water and dried with a clean towel.
(4) Step 4: Store. The cleansed, disinfected, rinsed and dried objects shall be stored in a clean, dry and closed container clearly marked as such. Sharp instruments shall be stored upright with the points down.
(c) Only cleansed, disinfected and rinsed equipment and implements properly stored shall be used on patrons.
(d) Equipment and implements which have been dropped onto the floor or any other unclean surface shall be subjected to the four-step cleanse/disinfect/rinse and dry/store procedure prior to any patron use.
(e) Only freshly laundered and sanitized towels kept in a closed dustproof container shall be used for each patron. The headrest of a barber chair shall be covered with a freshly laundered towel or fresh paper for each patron. A newly laundered towel or fresh paper shall be placed about the neck to prevent the hair cloth from touching the skin when cutting the hair of a person. Towels used on each patron shall be discarded in a closed receptacle, and may not be left lying on a workbench or washbowl.
(f) The use of finger bowls, powder puffs, styptic pencils or sponges in barber schools is prohibited. A student may not keep any of them on or about a workstand. Only powdered or liquid astringents applied in each case on a clean towel or clean piece of cotton shall be used to check bleeding.
§ 3.87. Student's records.
(a) Each school shall keep, at all times and for inspection by the Board, a file of each student regarding proofs of age, education, blood test results, daily attendance and progress. The file shall be provided to the student at the student's request. The file shall be maintained for at least 5 years, beginning with the date when the student attends the school. If the school is closed within this 5-year period, the student's files shall be forwarded to the Board and the students shall be so notified by the school.
(b) Each school shall keep quarterly reports of the hours earned by the student. The quarterly reports shall be provided to the student upon request.
§ 3.88. Supervisor and teachers.
(a) The school shall, at all times, be under the immediate supervision of a licensed teacher.
(b) Each school shall meet the following requirements:
(1) Each school shall employ as instructors only licensed barber-teachers competent to impart instructions in all branches of barber science which they teach.
(2) An individual may not be counted as a regular part-time or substitute teacher in a school unless the individual's barber-teacher's license is on display in the school.
(3) Every school shall employ at least one full-time licensed barber-teacher.
(4) Each class taught for credit shall consist of not more than 20 students per licensed barber-teacher, and at least one full-time teacher who shall be in attendance during the hours the school is open for instruction. The only exception to this requirement which the Board may permit is lecturing by a staff physician or another specialist when at least one teacher is present.
(5) Teachers as well as students shall be attired during school hours in washable jackets, smocks or aprons, which shall be kept in a clean condition.
§ 3.90. Student curriculum.
(a) Each school shall post schedules showing the schedules of classes in theory and practical work. The daily schedule shall be at least 7 but not more than 8 hours for each day the school is in session. Each student shall have an opportunity to devote at least 5 hours per day to practical work. For each of these class periods the teacher in charge shall keep an accurate daily record of attendance and progress of each student.
(b) A student may not be given credit for hours attended unless the student is in actual attendance. Hours credited to a student should be devoted to the studying of barbering. Duty work may not exceed more than 10 minutes of the student instruction time. Duty work shall consist only of the tidying and cleaning naturally performed by an operator around the operator's own chair at the conclusion of the barber process. It may not include menial work ordinarily performed by a maid or janitor.
(c) Every barber school is required to instruct students in barber science as follows:
Approximate Subject Hours Honing and stropping 25 Shaving and various uses of the straight razor 240 Haircutting, hairstyling and hairpieces 535 Shampoo and scalp massages 25 Haircoloring 25 Massaging (facials) 25 Hairwaving or curling (perms), straightening 25 Scalp and skin disease 50 State barber law and rules and regulations 50 Physiology 50 Sterilization and sanitation 50 Hygiene 25 Bacteriology 25 Electricity (ultraviolet, high frequency, infrared, curling irons) 25 Professional ethics and barbershop demeanor 25 Manager-barber instruction, instruments, shop management, orientation and preparation for related examination 50 ______ Total minimum hours required 1,250 (d) A student who has commenced training under the previous curriculum before January 25, 1992, is not affected by subsection (c).
(e) A student may not receive credit for time spent in the barber school until registration or renewal licenses for the schools have been obtained from the Board.
(f) Whenever a student at the time of enrolling is entitled to credits previously earned at an out-of-State or in-State school, the school enrolling the student shall carefully evaluate the credits. A mere statement that the applicant for certification of entrance credits has pursued work elsewhere will not be accepted as sufficient evidence. The statement shall be documentary evidence showing attendance at a given school, and if possible, the number of hours attended and the subjects pursued.
(g) A student may request a transfer of credits for hours or months of study between a barbershop and abarber school if the student passes a test which is based on the number of hours attended and the subjects pursued and is devised by the shop or the school to place him in the appropriate courses.
(h) The Board reserves the right to reject an examination application of a student whose credits have been improperly given or evaluated.
[Pa.B. Doc. No. 02-2096. Filed for public inspection November 22, 2002, 9:00 a.m.]
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