May 23, 2018, Introduced by Rep. VanSingel and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 1101, 1108, 1110, and 1113 (MCL 339.1101,
339.1108, 339.1110, and 339.1113), sections 1101 and 1113 as
amended by 1984 PA 25, section 1108 as amended by 2014 PA 136, and
section 1110 as amended by 2014 PA 137, and by adding sections 1107
and 1111a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1101. As used in this article:
(a) "Apprentice" means an individual who is learning the
theory and practice of serving as a barber in a barbershop.
(b) (a)
"Barber" means a
person an individual who shaves or
trims
the beard of a person; an
individual; cuts, trims, shampoos,
relaxes, curls, permanently waves, dresses, tints, bleaches,
colors,
arranges, or styles the hair of a person; an individual;
massages
the face and head of a person; an
individual; or renders
performs personal services of a similar nature that are customarily
done by a barber.
(c) (b)
"Barber college" means an
establishment which renders
that
provides for compensation the services
of a barber, but having
for
has as its primary purpose the teaching for compensation of
the
theory and practice of serving as a barber.
(d) (c)
"Barbershop" means a
place, establishment, or premises
or
part of a premises where a person at least 1 individual performs
as a barber.
(e) (d)
"Demonstration" means a show,
seminar, or contest in
which
barber services are rendered performed
for the purpose of
educating barbers.
(f) (e)
"Demonstrator" means a
person an individual who
performs a service of a barber at a demonstration.
(g) (f)
"Immediate family" means persons
individuals residing
together who are related by birth, marriage, or adoption.
(h) (g)
"Instructor" means a
person an individual who
instructs another in the theory and practice of serving as a barber
in a barber college.
(i) (h)
"Student" means a
person an individual who is learning
the theory and practice of serving as a barber in a barber college.
(j) (i)
"Student instructor"
means a person an
individual who
is learning the theory and practice of teaching barbering.
Sec. 1107. (1) The department shall issue an apprentice
student license to an individual who meets all of the following
requirements:
(a) Has completed the tenth grade of school or has an
equivalent education as determined by the department.
(b) Is of good moral character.
(2) An apprentice who holds a license under this section may
perform barber services to the public under the supervision of a
licensed barber.
(3) The term of an apprentice license is 2 years. An
apprentice may renew his or her license for 1 additional year. An
extension of an apprentice license beyond that provided for in this
subsection requires approval by the board.
(4) With the department's approval, an individual who has
previously held an apprentice student license may be granted a new
apprentice license or may transfer an apprentice license to another
barbershop.
Sec. 1108. (1) The department shall issue a license to
practice
as a barber to an individual who fulfills meets all of the
following requirements:
(a)
Is not less than at least 17 years of age.
(b) Is of good moral character.
(c) Demonstrates 1 of the following:
(i) Subject to subsections (3) and (4), satisfactory
completion
of not less than a 1,800-hour course of study an
educational program at a licensed barber college that provides at
least 1,500 hours of instruction that includes classroom study,
demonstrations, and practical barber training.
(ii) Has served as an apprentice for at least 2 years in a
licensed barbershop. The training must include the minimum number
of practical applications required by rule.
(d) Passes an examination approved by the board and the
department.
(e) Has completed the tenth grade of school or has an
equivalent education as determined by the department.
(2) The department shall issue a license as a barber to an
individual who has held a license as a barber in another state,
jurisdiction, or country for 1 out of the 3 years immediately
preceding the date of application if the requirements for licensure
in the other state, jurisdiction, or country are substantially
equivalent to the requirements of subsection (1), as determined by
the department. However, the department may deny or limit a license
if the applicant has been disciplined or disciplinary action is
pending in another state, jurisdiction, or country.
(3)
For the purposes of fulfilling the requirement of meeting
subsection
(1)(c), (1)(c)(i), an
individual whose instruction as a
barber was received in another state, jurisdiction, or country may
substitute experience as a barber or barber apprentice for
instruction in the ratio of 3 months of experience for 100 hours of
instruction. However, if his or her experience as a barber or
barber apprentice was acquired in a country that the department
considers a country from which records are not generally available,
both of the following apply to the substitution of experience for
instruction under this subsection:
(a) He or she may not substitute experience for instruction
under this subsection unless he or she provides a signed and
notarized attestation detailing his or her experience, including
his or her place of employment or apprenticeship, to the
department.
(b) He or she may not substitute experience for any of the
hours of instruction concerning safety and sanitation, or
concerning laws, rules, and regulations, required by the department
by rules promulgated under this article.
(4) For the purposes of meeting subsection (1)(c)(i), an
individual who has received training as a barber apprentice may
substitute training as a barber apprentice for practical barber
training in a barber college program at a ratio of 1 hour of
apprenticeship training for 1 hour of practical barber training.
All of the following apply to the substitution of apprenticeship
training for practical barber training in a barber college program
under this subsection:
(a) He or she may not substitute more than 500 hours of
apprenticeship training for hours of practical barber training.
(b) He or she may only substitute hours of apprenticeship
training performed under the supervision of a licensed barber for
hours of practical barber training.
(c) He or she may not substitute hours of apprenticeship
training for practical barber training unless he or she provides a
signed and notarized attestation detailing his or her training,
including his or her place of apprenticeship, to the barber college
and department.
(d) He or she may not substitute apprenticeship training for
any of the hours of instruction concerning safety and sanitation,
or concerning laws, rules, and regulations, required by the
department by rules promulgated under this article.
(e) The barbershop conducting the apprenticeship program is
located in this state.
Sec. 1110. (1) The department shall license a barber college
that meets all of the following requirements:
(a) Through its owners or managers, has applied to the
department for a license.
(b) Provides an educational program requiring completion of
225 hours of classroom study, demonstrations, and recitations and
1,575
1,275 hours of practical barber training.
(c) Meets the sanitation standards required of barbershops as
set forth in rules promulgated by the board and determined by
inspection by the department.
(d) Files and maintains a corporate surety or cash bond of
$10,000.00 conditioned on the faithful performance and satisfaction
of the contractual rights of students enrolled in the barber
college.
(e) Employs or contracts with not fewer than 2 full-time,
licensed instructors and ensures that both of the following are
met:
(i) At any time classroom study or theory training is given to
any number of students, at least 1 instructor is present.
(ii) If practical training occurs, there is at least 1
instructor present for every 30 students at all times.
(f) Is completely partitioned from any other place of business
or dwelling. A person shall not conduct any other business from a
barber college than the rendering of barber services and the
teaching of barbering, although a barber college may sell at retail
to patrons those preparations used on patrons who are receiving
barbering services from students.
(g) Provides reasonable classroom facilities and other
equipment for the proper instruction of students described in this
subdivision and rules promulgated by the board, including 1
stationary wash basin with hot and cold running water and a
connected drain for every 2 barber chairs. A barber college shall
arrange its enrollment and course scheduling so that students are
not required to share the use of a training station during any
practical training period.
(2) Except as provided in this subsection, a student
instructor may not instruct without a supervising instructor
present in the room. In case of emergency, a student instructor may
instruct up to 30 students, but the barber college shall provide
notice of the emergency to the department in writing and ensure
that an instructor is on the premises at all times. Use of a
student instructor as a substitute instructor under this subsection
shall not continue for more than 7 consecutive days without written
approval of the department certifying the emergency circumstances.
(3) The license of a barber college is automatically revoked
if there is a transfer of ownership or change of location of a
barber college. The department shall not grant a new license to new
owners or for a new location unless the requirements of subsection
(1) are met.
(4) The classroom courses of a barber college shall include at
least all of the following: scientific fundamentals for barbering;
hygiene; bacteriology; histology of hair, skin, and nails;
structure of the head, face, and neck, including muscles and
nerves; elementary chemistry relating to sterilization and
antiseptics; diseases of the skin, hair, glands, and nails;
massaging and manipulating the head, face, and neck; haircutting
and shaving; cosmetic therapy; arranging, styling, dressing,
coloring, bleaching, curling, permanent waving, and tinting of the
hair; elements of business training; and barber laws and rules of
the state.
(5) The department by rule shall prescribe the number of hours
of instruction a barber college is required to provide for each
subject set forth in subsection (4). Each barber college shall
provide a written copy of the rules to each student at the
beginning of his or her instruction.
(6) A barber college shall display the license of the barber
college and all instructors, student instructors, and students in a
prominent place visible to the public at all times. An individual's
license may be displayed at the individual's work station.
Sec. 1111a. (1) A barbershop that charges a fee for teaching
barber services is considered a barber college and is required to
comply with section 1110. A barbershop that conducts an
apprenticeship program without charging a fee for teaching barber
services must comply with subsection (2).
(2) A barbershop that conducts an apprenticeship program must
comply with all of the following requirements:
(a) Require that an apprentice is in attendance not more than
7 hours per day or not more than 40 hours per week.
(b) Keep a daily record of the attendance of each apprentice,
and send a copy of those records to the department monthly;
establish grades; and require an apprentice to pass an examination
before certifying to the department that he or she has completed
training.
(c) Permit an apprentice to practice on the public only after
completing at least 350 hours of instruction.
(3) A barbershop that has successfully trained 1
apprentice is eligible to train additional apprentices, except that
a barbershop shall not have more than 2 apprentices at the same
time.
(4) At the time it accepts an individual for apprenticeship
training, a barbershop shall file an application with the
department and shall obtain proof the individual meets the
educational requirement described in section 1107(1)(a). The
barbershop must retain a copy of the application and the proof of
education until the apprentice applies for examination to obtain a
license.
Sec. 1113. (1) Following the initial inspection required to
open a barbershop or barber college, and except as otherwise
provided in this subsection, the department shall inspect each
barbershop
shall be inspected at least once a year, and annually.
The
department shall inspect each barber
college shall be inspected
twice
a year. and barbershop that
is training apprentices at least
twice annually.
(2)
A board member or representative of the
department shall
be
is allowed to enter the premises during regular
business hours
for the purpose of inspecting to determine that the barbershop or
barber college meets the requirements of this article and rules
promulgated under this article.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.