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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : OCCUPATIONS AND PROFESSIONS
Chapter : Chapter 328 Barbers
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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. (RSMo
1939 § 10138, A.L. 2005 S.B. 280)
Prior revisions: 1929 § 13533; 1919 § 12174; 1909 § 1191
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, RSMo. 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. (L. 2005 S.B. 280)
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. (RSMo 1939 § 10127, A.L. 2005 S.B.
280)
Prior revisions: 1929 § 13522; 1919 § 12162; 1909 § 1179
A board of examiners consisting of four members, including one
voting public member, shall be appointed by the governor, by and with the
advice and consent of the senate. Each member of the board shall be a
United States citizen, shall have been a resident of Missouri for one
year and, except for the public member, shall have been a registered and
practicing barber for the five years immediately preceding his or her
initial appointment. The public member shall be a registered voter and a
person who is not and never was a member of any profession licensed or
regulated pursuant to this chapter or the spouse of such person; and a
person who does not have and never has had a material, financial interest
in either the providing of the professional services regulated by this
chapter, or an activity or organization directly related to any
profession licensed or regulated pursuant to this chapter. All members,
including public members, shall be chosen from lists submitted by the
director of the division of professional registration. The duties of the
public member shall not include the determination of the technical
requirements to be met for licensure or whether any person meets such
technical requirements or of the technical competence or technical
judgment of a licensee or a candidate for licensure. Each member shall
serve for a term of four years and until his or her successor is
appointed and qualified, except that the successors to the members whose
terms expire in 1981 shall consist of one member whose term shall be for
two years, one member whose term shall be for three years, and one member
whose term shall be for four years. Each member shall take the oath
provided by law for public officers. Vacancies on the board shall be
filled by appointment by the governor. (RSMo 1939 § 10128, A. 1949 H.B.
2068, A.L. 1981 S.B. 16, A.L. 1999 H.B. 343)
Prior revisions: 1929 § 13523; 1919 § 12163; 1909 § 1180
CROSS REFERENCE: Public member, additional duties, RSMo 620.132
The board shall annually elect from its number a president, vice
president, and secretary-treasurer, shall have its headquarters in
Jefferson City, Missouri, may employ such board personnel, as defined in
subdivision (4) of subsection 16 of section 620.010, RSMo, as it shall
deem necessary within the appropriation therefor. The board shall not
create any expense exceeding the sum received from time to time as fees
as provided by law, shall have a common seal, and the president and vice
president shall have the power to administer oaths. A majority of the
board, in meeting duly assembled, may perform the duties and exercise the
powers devolving upon the board under the provisions of this chapter.
(RSMo 1939 § 10129, A.L. 1951 p. 740, A.L. 1959 H.B. 302, A.L. 1981 S.B.
16)
Prior revisions: 1929 § 13524; 1919 § 12164; 1909 § 1181
1. Each member of the board shall receive as compensation an
amount set by the board not to exceed fifty dollars for each day devoted
to the affairs of the board, and shall be entitled to reimbursement of
his expenses necessarily incurred in the discharge of his official
duties. All money payable under this chapter shall be collected by the
division of professional registration in the department of economic
development which shall transmit them to the department of revenue for
deposit in the state treasury to the credit of a "Board of Barbers Fund".
Warrants shall be drawn upon the treasurer out of this fund only for the
payment of the salaries, office and other necessary expenses of the
board. A detailed statement of the expenses incurred by the board,
approved by the secretary-treasurer of the board, shall be filed with the
commissioner of administration before warrants are drawn for their
payment.
2. The provisions of section 33.080, RSMo, to the contrary
notwithstanding, money in this fund shall not be transferred and placed
to the credit of general revenue until the amount in the fund at the end
of the biennium exceeds two times the amount of the appropriation from
the board's funds for the preceding fiscal year or, if the board requires
by rule permit renewal less frequently than yearly, then three times the
appropriation from the board's funds for the preceding fiscal year. The
amount, if any, in the fund which shall lapse is that amount in the fund
which exceeds the appropriate multiple of the appropriations from the
board's funds for the preceding fiscal year. (RSMo 1939 § 10130, A.L.
1945 p. 592, A.L. 1947 V. I p. 218, A.L. 1951 p. 740, A.L. 1967 p. 442,
A.L. 1969 H.B. 683, A.L. 1980 H.B. 1266, A.L. 1981 S.B. 16, A.L. 1985
S.B. 99)
Prior revisions: 1929 § 13525; 1919 § 12165; 1909 § 1182
1. The board shall set the amount of the fees which this chapter
authorizes and requires by rules and regulations promulgated pursuant to
section 536.021, RSMo. The fees shall be set at a level to produce
revenue which shall not substantially exceed the cost and expense of
administering this chapter.
2. The board shall, with the approval of the department of health and
senior services, prescribe such sanitary rules as it may deem necessary
to prevent the creation and spread of infectious and contagious diseases.
A copy of such rules shall be posted in a conspicuous place in every
barber shop and barber school or college in this state. (RSMo 1939 §
10128, A. 1949 H.B. 2068, A.L. 1981 S.B. 16)
Prior revisions: 1929 § 13523; 1919 § 12163; 1909 § 1180
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. (RSMo 1939 § 10131, A.L. 2005 S.B. 280)
Prior revisions: 1929 § 13526; 1919 § 12167; 1909 § 1184
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, RSMo, 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, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, 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. (L. 2004 S.B. 1122, A.L. 2005 S.B. 280)
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 and of good moral character;
(2) Is free of contagious or infectious diseases;
(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.
5. For the purposes of meeting the minimum requirements for examination,
the apprentice training shall be recognized by the board for a period not
to exceed five years. (RSMo 1939 § 10133, A.L. 1947 V. I p. 218, A. 1949
H.B. 2068, A.L. 1951 p. 740, A.L. 1959 H.B. 302, A.L. 1981 S.B. 16, A.L.
2004 S.B. 1122, A.L. 2005 S.B. 280)
Prior revisions: 1929 § 13528; 1919 § 12169; 1909 § 1186
1. The board shall grant without examination a license to
practice barbering to any applicant who holds a current barber's license
which is issued by another state or territory whose requirements for
licensure were equivalent to the licensing requirements in effect in
Missouri at the time the applicant was licensed or 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 this chapter.
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 deficiencies and inform the applicant of the
action which he 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. (L. 1981 S.B. 16, A.L. 2005
S.B. 280)
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. (RSMo 1939 § 10133, A.L. 1947 V. I p. 218, A. 1949 H.B.
2068, A.L. 1951 p. 740, A.L. 1981 S.B. 16, A.L. 2005 S.B. 280)
The board may at any time require any barber to whom a
certificate of registration is issued to be examined at the licensee's
expense by a licensed physician to ascertain if such barber is free of
infectious or contagious diseases and is not afflicted with any physical
or mental ailment which would render him unfit to practice the occupation
of barbering. (RSMo 1939 § 10128, A. 1949 H.B. 2068, A.L. 1981 S.B. 16)
Prior revision: 1929 § 13523
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. (RSMo 1939 § 10132, A.L. 1945 p. 592, A.L. 1947 V. I p. 218, A.
1949 H.B. 2068, A.L. 1951 p. 740, A.L. 1967 p. 442, A.L. 1969 H.B. 683,
A.L. 1981 S.B. 16, A.L. 2003 H.B. 358, A.L. 2005 S.B. 280)
Prior revision: 1929 § 13527
1. The owner of every shop or establishment in which the
occupation of barbering is practiced shall obtain a license for such shop
or establishment issued by the board before barbering is practiced
therein. A new license shall be obtained for a barber shop or
establishment before barbering is practiced therein when the shop or
establishment changes ownership or location.
2. The board shall issue a license for a shop or establishment upon
receipt of the license fee from the applicant if the board finds that the
shop or establishment complies with the sanitary regulations adopted
pursuant to section 328.060. All shops or establishments shall continue
to comply with the sanitary regulations. Failure of a shop or
establishment to comply with the sanitary regulations shall be grounds
for the board to file a complaint with the administrative hearing
commission to revoke or suspend the license for the shop or censure or
place on probation the holder thereof.
3. The license for a shop or 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 shop 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 shop or
establishment at all times. (L. 1981 S.B. 16, A.L. 2005 S.B. 280)
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, RSMo, 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, RSMo. (RSMo 1939 § 10134, A.L. 1947 V.
I p. 218, A.L. 1951 p. 740, A.L. 1959 H.B. 302, A.L. 1981 S.B. 16, A.L.
1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2005 S.B. 280)
Prior revisions: 1929 § 13529; 1919 § 12170; 1909 § 1182
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. (RSMo 1939 § 10135,
A.L. 1981 S.B. 16, A.L. 2005 S.B. 280)
Prior revisions: 1929 § 13530; 1919 § 12171; 1909 § 1188
There shall be kept a register, in which shall be entered the
names of all persons to whom certificates are issued, and to whom permits
for serving apprenticeship, or as students, under this chapter, and said
register shall, at all reasonable times, be open to the public
inspection. (RSMo 1939 § 10136, A.L. 1981 S.B. 16)
Prior revisions: 1929 § 13531; 1919 § 12172; 1909 § 1189
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,
RSMo.
2. The board may cause a complaint to be filed with the administrative
hearing commission as provided by chapter 161, RSMo, 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, RSMo, 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, RSMo. 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. (RSMo
1939 § 10137, A.L. 1951 p. 740, A.L. 1981 S.B. 16)
Prior revisions: 1929 § 13532; 1919 § 12173; 1909 § 1190
CROSS REFERENCE: Administrative procedure and review, Chap. 536, RSMo
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, in conjunction
with the department of health and senior services, 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. (RSMo 1939 § 10139, A.L. 1981 S.B. 16, A.L.
2005 S.B. 280)
Prior revisions: 1929 § 13534; 1919 § 12175; 1909 § 1192
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