RULES AND REGULATIONS
Title 49—PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF BARBER EXAMINERS
[ 49 PA. CODE CH. 3 ]
Student Records and Curriculum
[40 Pa.B. 7090]
[Saturday, December 11, 2010]
The State Board of Barber Examiners (Board) adopts § 3.71a (relating to notification) and amends §§ 3.72, 3.87, 3.90 and 3.103, regarding student records in barbershops and barber schools to read as set forth in Annex A.
The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.
This final-form rulemaking is authorized under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)), known as the Barbers' License Law (act).
Background, Purpose and Description of Final-Form Rulemaking
Under section 3(a) of the act (63 P. S. § 553), prior to taking the barber's license examination, an applicant is required to have completed a barbering study and training period of at least 1,250 hours in not less than 9 months in either a licensed barbershop under the instruction of a licensed teacher or a licensed manager-barber, or in a licensed barber school under the instruction of a licensed teacher. Section 5 of the act (63 P. S. § 555) requires barbershops and barber schools to keep a daily record of the attendance of each student. The Board's existing regulations require barbershops and barber schools to maintain student records for inspection by the Board. As of May 2010, there were 16 licensed barber schools in this Commonwealth as compared to 2,134 barbershops. Currently, the Board is not notified that a student is training in a barbershop. Due to the large number of barbershops, it is not feasible for the Board to inspect all barbershops to determine whether a student is training in a shop at any given point in time. If the Board cannot determine whether a student is training in a shop, then the Board cannot ensure that the shop is keeping proper records and that either a barber-manager or barber-teacher is instructing the student. To remedy this situation, § 3.71a is being added to require the barbershop owner or shop owner's designee to notify the Board, on a form provided by the Board, of each student to be trained in the shop before the student begins training. It also makes it clear that the shop owner is responsible for ensuring that the Board is properly notified of each student to be trained in the shop and for maintaining student records in a file available for inspection.
Section 5 of the act was amended on June 28, 2002, to eliminate the requirement for barbershops and barber schools to keep a record of blood test results. Currently, §§ 3.72(a) and 3.87(a) (relating to student's records) require barbershops and barber schools to keep a student's blood test results on file. The final-form rulemaking deletes this requirement to be consistent with the amendments to the act.
Currently, § 3.72(b) requires a manager-barber or barber-teacher who is training a student in a barbershop to keep quarterly reports of the hours earned by the student. Likewise, § 3.87(b) requires barber schools to keep quarterly reports of the hours earned by the student. It is not feasible for the Board to inspect every barbershop and barber school on a quarterly basis to determine whether they are maintaining the quarterly hours as required. In addition, barbershops and barber schools are currently required to maintain student records for a 5-year period and to forward the student's file to the Board if the shop or school closes within the 5-year period. Situations have arisen in which a barbershop or barber school has closed without forwarding its records to the Board, in which case some students have been unable to document that they had completed the training period required to take the barber's license examination. Therefore, §§ 3.72 and 3.87 are amended to require barbershops and barber schools, respectively, to submit quarterly reports of student hours to the Board so that the Board can ensure that the quarterly reports required under these sections are being properly maintained and that students would not be adversely affected if a barbershop or barber school failed to preserve its records for a 5-year period as required. The final-form rulemaking also amends § 3.72 to clarify that the barbershop owner is responsible for keeping a student's records in a file.
On December 22, 2005, section 12(b) of the act (63 P. S. § 562(b)) was amended to delete the requirement that class and instruction hours in barber schools have to be not less than 7 hours nor more than 8 hours per day. Consistent with this statutory amendment, the final-form rulemaking deleted the language that was deleted from the act. In its previous form, § 3.90 (relating to student curriculum) did not address part-time work by students. The amendments to § 3.90 provide for part-time study by permitting a student to earn credit for the number of hours per day that the student is in attendance, up to a maximum of 8 hours of credit per day and 40 hours of credit per week. By permitting part-time study in barber schools, students who cannot attend barber school on a full-time basis will still have the opportunity to become barbers. In addition, the requirement that each student shall have an opportunity to devote at least 5 hours per day to practical work has been amended to provide that each student shall have an opportunity to devote at least 60% of class time to practical work.
The Board's existing regulations provide that a student may request a transfer of credits for hours or months of study between a barbershop and a barber school if the student passes a test that is based on the number of hours attended and the subjects pursued and the test is devised by the shop or school to place him in the appropriate courses. However, the regulations do not specify whether credits can be transferred from out-of-State barbershops and barber schools, nor do they provide for transfers of credits between barbershops. Therefore, § 3.90 is being amended to permit a student to request a transfer of credits for hours or months of study between barbershops, regardless of whether the barbershop is in-State or out-of-State and to clarify that credits can be transferred between a barbershop and a barber school, regardless of whether the barbershop or barber school is in-State or out-of State.
Finally, § 3.103 (relating to fees) is amended by adding a fee of $30 for certification of student status or student training hours. This fee will cover the administrative cost of providing the certification upon request.
Summary of Comments and the Board's Response
The Board published the proposed rulemaking at 38 Pa.B. 5759 (October 18, 2008) requesting public comments within 30 days. No public comments were received. On November 17, 2008, the House Professional Licensure Committee (HPLC) met and voted not to take formal action on the proposed rulemaking until the final regulation is promulgated and to submit one comment to the Board. The Board did not receive comments from the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC). On December 17, 2008, the Board received a letter from the Independent Regulatory Review Commission (IRRC) indicating that they did not have objections, comments or recommendations to offer on the proposed rulemaking.
The HPLC asked whether a student can request a transfer of credit hours between barber schools regardless of the in-State or out-of State location, as well as between barbershops and between barbershops and barber schools. The Board is aware that the transfer of credits between barber schools is complicated by the fact that some of the barber schools licensed by the Board are private licensed schools, some are community colleges, some are vocational-technical schools; and others are part of the Department of Corrections offered through the State correctional institutions. The Board prefers to leave questions regarding transfer of credits between two barber schools (whether in-State or out-of State) to the schools themselves because individual school transfer policies are often linked to accreditation standards, host institution policies, articulation agreements between schools, the rules and regulations of other states and other factors. However, given that the goal of this final-form rulemaking is to expand opportunities for barber students to complete their education and be able to freely transfer credits whenever possible, the Board would encourage barber schools to consider the most expansive transfer policy possible within these constraints.
The Board has elected to make no changes to the final-form rulemaking based on the comment received.
Fiscal Impact and Paperwork Requirements
The Board is unable to determine the specific costs associated with the final-form rulemaking. It is anticipated that there will be some administrative costs to barbershops and schools in complying with the notification, recordkeeping and reporting requirements regarding students.
The final-form rulemaking will impose additional paperwork requirements upon the Commonwealth with respect to maintaining records of students being trained in barbershops and with maintaining quarterly reports. The final-form rulemaking will impose a minimal paperwork requirement upon the private sector by requiring shop owners to notify the Board, on a form provided by the Board, of each student to be trained in the shop. Barbershops and barber schools are already required to keep quarterly reports of the hours earned by a student. The regulation requiring barbershops and barber schools to submit the quarterly reports to the Board will not create additional paperwork; it will only require them to provide reports that should already exist.
The Board continuously monitors the cost effectiveness of its regulations. Therefore, a sunset date has not been assigned.
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 3, 2008, the Board submitted a copy of the notice of proposed rulemaking, published at 38 Pa.B. 5759, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the SCP/PLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Board has considered all comments from IRRC, the HPLC, the SCP/PLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on November 3, 2010, this final-form rulemaking was deemed approved by the HPLC and the SCP/PLC. Under section 5(g) of the Regulatory Review Act, this final-form rulemaking was deemed approved by IRRC, effective November 3, 2010.
Further information may be obtained by contacting Kelly Diller, Board Administrator, State Board of Barber Examiners, P. O. Box 2649, Harrisburg, PA 17105-2649.
The Board finds that:
(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 no public comments were received.
(3) This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing act identified this Preamble.
The Board, acting under its authorizing statutes, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 3, are amended by adding § 3.71a and amending §§ 3.72, 3.87, 3.90 and 3.103 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 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.
L. ANTHONY SPOSSEY,
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 40 Pa.B. 6752 (November 20, 2010).)
Fiscal Note: Fiscal Note 16A-427 remains valid for the final adoption of the subject regulations.
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 3. STATE BOARD OF BARBER EXAMINERS
STUDY IN BARBER SHOPS
§ 3.71a. Notification.
(a) The shop owner or the shop owner's designee shall notify the Board, on a form provided by the Board, of each student to be trained in the shop. Notification shall be provided to the Board before the student begins training.
(b) The shop owner is responsible for ensuring that proper notification is provided to the Board under subsection (a).
§ 3.72. Student's records.
(a) The shop owner shall keep, at all times and for inspection by the Board's representative, a file of each student which includes proofs of age, education, 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.
(c) The shop owner is responsible for ensuring that the quarterly reports required under subsection (b) are properly maintained by the manager-barber or barber-teacher.
(d) The shop owner shall submit to the Board, on a form provided by the Board, a quarterly report of the hours earned by each student trained in the shop. The quarterly reports shall be submitted to the Board by the following dates—April 15, July 15, October 15 and January 15—for the preceding quarter. Each quarterly report must include the name and license number of the manager-barber or barber-teacher instructing the student and be personally signed by the shop owner and the student.
SCHOOLS OF BARBERING
§ 3.87. Student's records.
(a) Each school shall keep, at all times and for inspection by the Board's representative, a file of each student regarding proofs of age, education, 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.
(c) Each school shall submit to the Board, on a form provided by the Board, a quarterly report of the hours attended by each student. The quarterly reports shall be submitted by the following dates—April 15, July 15, October 15 and January 15—for the preceding quarter. Each quarterly report must include the names and license numbers of teachers employed by the school and be personally signed by the owner and supervisor of the school.
§ 3.90. Student curriculum.
(a) Each school shall post schedules showing the schedules of classes in theory and practical work. Each student shall have an opportunity to devote at least 60% of class time 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 earn credit for the number of hours per day that the student is in attendance.
(c) A student may earn a maximum of 8 hours of credit per day and a maximum of 40 hours of credit per week.
(d) 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 must 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.
(e) Every barber school is required to instruct students in barber science as follows:
Subject Approximate 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
(f) A student who has commenced training under the previous curriculum before January 25, 1992, is not affected by subsection (c).
(g) 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.
(h) 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.
(i) A student may request a transfer of credits for hours or months of study between a barbershop and a barber school or between shops, whether the barbershop or barber school is in-State or out-of State, 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 the student in the appropriate courses.
(j) The Board reserves the right to reject an examination application of a student whose credits have been improperly given or evaluated.
§ 3.103. Fees.
The schedule of fees charged by the Board is as follows:
Licensure of barber, barber shop manager or barber teacher.................... $10 Licensure of barber by reciprocity.................... $20 Licensure of barber shop.................... $55 Licensure of barber school.................... $280 Biennial renewal of barber license.................... $42 Biennial renewal of barber shop manager license.................... $62 Biennial renewal of barber teacher license.................... $67 Biennial renewal of barber shop license.................... $72 Biennial renewal of barber school license.................... $112 Change in barber shop—inspection required.................... $55 Change in barber shop—no inspection required.................... $15 Reinspection after first fail—new or change (shop or school).................... $40 Verify license/permit/registration.................... $15 Certification of student status or student training hours.................... $30
[Pa.B. Doc. No. 10-2360. Filed for public inspection December 10, 2010, 9:00 a.m.]
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