An Act to revise the structure and certain fees of the Board of Barber Examiners, the Board of Massage Therapy, and the Cosmetology Commission.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 36-14-2 be AMENDED.
36-14-2. Barbering, Cosmetology, and Massage Therapy--Members--Terms of office-- Removal--Vacancies.
The
Governor shall appoint a Board of
Barber Examiners which shall include three professional
Barbering, Cosmetology, and Massage Therapy that consists of nine
members. The term of each member
is three years,
commencing on the thirty-first day of October.
The appointee's term expires
in
the year of appointment and expiring on
October thirtieth in the third year
of appointment. Any member's term ending June 30, 2013, or thereafter
is extended to October thirtieth in the year the term is to expire.
No member may serve more than three consecutive full terms,
including any full term that was served on the Board of Barber
Examiners, Board of Massage Therapy, or Cosmetology Commission
immediately before being appointed to the board.
However,
appointment Appointment
to fill an
unexpired term is not considered a complete
full
term for this
purpose. Each
of these members shall be a practical barber who has followed the
occupation of barber in this state for at least five years
immediately preceding the barber's appointment. The
board shall be composed of two barbers, two massage therapists, three
members of the public, one cosmetologist, and one cosmetologist,
esthetician, or nail technician. The
Governor may remove a member for cause and shall fill all vacancies.
Any member appointed to fill a vacancy shall serve the remainder of
the unexpired term. The Governor may stagger the terms to enable the
board to have different terms expire each year.
Section 2. That a NEW SECTION be added:
36-14-2.2. Definition of board.
For purposes of this chapter, the term, board, means the Board of Barbering, Cosmetology, and Massage Therapy as established and created in 36-14-2.
Section 3. That 36-14-3 be AMENDED.
36-14-3. Quorum of board.
A majority of the
Board of Barber Examiners
board, in
meeting duly assembled, may perform and exercise all the duties and
powers devolving upon the board.
Section 4. That 36-14-4 be AMENDED.
36-14-4. Officers of board--Seal--Duties and bond of secretary treasurer.
The
Board of Barber Examiners
board shall
elect a president and a secretary treasurer. ItThe
board shall
adopt and use a common seal. The secretary treasurer shall keep
a record of all proceedings of the board and shall report to the
president, all moneys collected, at least once a month. The
secretary treasurer shall give such bond as the board may
require, with sufficient sureties, to be approved by the board, for
the faithful performance of his duties.
Any member of the board may resign by giving written notice to the board and to the Governor. A resignation is effective when delivered to the Governor and the board.
Section 5. That 36-14-4.1 be AMENDED.
36-14-4.1. Board continued within Department of Labor and Regulation--Records and reports.
The
Board of Barber Examiners
board shall
continue within the Department of Labor and Regulation, and shall
retain all its prescribed functions, including administrative
functions. The board shall submit such records, information, and
reports in the form and at such times as required by the secretary of
labor and regulation, except that the board shall report at least
annually.
Section 6. That 36-14-5 be AMENDED.
36-14-5. Employment of personnel by board.
The
Board of Barber Examiners
board may
employ inspectors, clerks, and other assistants, as the board deems
necessary to carry out the provisions of this chapter.
Section 7. That 36-14-6 be AMENDED.
36-14-6. Inspection of shops and schools by board.
Any member of the
Board of Barber Examiners
board, or its
agents or assistants, shall have authority to enter upon and to
inspect any barbershop or barber school at any time during business
hours.
Section 8. That 36-14-7 be AMENDED.
36-14-7. Monthly deposit of money into treasury--Special account--Continuous appropriation--Limit on expense.
All money coming into the custody
of the
Board of Barber Examiners
board each
calendar month shall be paid by the board to the state treasurer on
or before the tenth day of next month. The state treasurer shall
credit the money to the
Board of Barber Examiners'
board's account
in the general fund, which account is hereby created. The money in
the
Board of Barber Examiners'
board's account
is hereby continuously appropriated to the board for the purpose of
paying the expense of administering and enforcing the provisions of
this chapter. However, the total expense incurred may not exceed the
total money collected by the board under the provisions of this
chapter.
All funds previously held by the Board of Barber Examiners, Cosmetology Commission, and Board of Massage Therapy shall be combined into one fund and be appropriated under the provisions of this section.
Section 9. That 36-14-9 be AMENDED.
36-14-9. Promulgation of rules--Posting in shops and schools.
The
Board of Barber Examiners
board may
promulgate reasonable rules, pursuant to chapter 1-26,
for the administration of the provisions of this chapter and to
prescribe sanitary requirements for barbershops and barber schools. A
copy of the rules promulgated by the board shall be furnished by the
board to the owner or manager of each barbershop and barber school. A
copy of the rules shall be posted in a conspicuous place in each
barbershop or barber school.
The
Board of Barber Examiners
board may also
promulgate rules, pursuant to chapter 1-26,
to establish:
(1) The fee for the annual renewal of the certificate of registration for barbers pursuant to 36-14-24;
(2) The fee for the operation of a barber school or college pursuant to 36-14-24;
(3) The fee for the operation of a barbershop pursuant to 36-14-27; and
(4) The procedures governing the inspection of barbershops and the barbershop equipment pursuant to 36-14-28.
Section 10. That 36-14-11 be AMENDED.
36-14-11. Certificate of registration required.
No person may practice barbering
without having a certificate of registration issued by the
Board of Barber Examiners
board.
Section 11. That 36-14-13 be AMENDED.
36-14-13. Qualifications for registration.
Any person who is at least
eighteen years of age and has passed a satisfactory examination
conducted by the
Board of Barber Examiners
board to
determine the person's fitness to practice barbering is entitled to a
certificate of registration as a registered barber.
Section 12. That 36-14-14 be AMENDED.
36-14-14. Qualifications for transfer of license or registration from another state or country.
Any person who is at least eighteen years of age may transfer a barber license or registration to this state if the applicant has:
(1) A license or certificate of registration as a barber from another state or country that has substantially the same requirements for licensing or registering barbers as required by this chapter; or
(2) Can prove by affidavits that the applicant has practiced as a barber in another state or country for at least five years.
After a qualified applicant pays
the required fee, the
Board of Barber Examiners
board shall
issue a certificate of registration to practice barbering. If an
applicant applying to transfer a barber license or registration to
this state from another state or country that requires less than
fifteen hundred hours of instruction as a prerequisite to licensing,
the applicant shall receive an additional fifty hours of credit for
each month the applicant has practiced as a licensed barber in the
other state or country. This credit shall be applied toward the
required fifteen hundred hours of instruction required by 36-14-17.
Section 13. That 36-14-17 be AMENDED.
36-14-17. Curriculum required for approval of barber school.
No school of barbering shall
may
be approved by
the
Board of Barber Examiners
board unless it
requires,
as a prerequisite to graduation,
a course of instruction of not less than nine months,
with a minimum of fifteen hundred hours,
such course of instruction to include
that
includes the
following subjects: scientific fundamentals for barbering, hygiene,
bacteriology as applied to barbering, structure of the head, face and
neck, elementary chemistry relating to sterilization and antiseptics,
diseases of the skin and hair, massaging and manipulating the muscles
of the upper body, haircutting, shaving, and arranging, dressing,
coloring, bleaching, and tinting the hair.
Section 14. That 36-14-18 be AMENDED.
36-14-18. Contents of application for examination--Photographs.
Each applicant for an examination shall make application to the