CHAPTER 20:39:01
ADMINISTRATION
Section
20:39:01:01 Meetings -- Quorum.
20:39:01:02 President's duties -- President's absence.
20:39:01:03 Secretary-treasurer's duties -- Records.
20:39:01:04 Superseded.
20:39:01:05 Response to petition.
20:39:01:06 Request for decision from board.
20:39:01:07 Petition for declaratory ruling.
20:39:01:01. Meetings -- Quorum. Annual meetings of the board for the election of officers for the ensuing year and the transaction of other business shall be held within one month after new members are appointed by the Governor. Meetings shall be held on call of the president or on written request of two or more members of the board.
Source: SL 1975, ch 16, § 1; 6 SDR 106, effective May 12, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-4.
20:39:01:02. President's duties -- President's absence. The president shall preside at all meetings and shall perform such other duties as the board may direct. A majority of the board may designate a board member to act in the president's absence.
Source: SL 1975, ch 16, § 1; 6 SDR 106, effective May 12, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-4.
20:39:01:03. Secretary-treasurer's duties -- Records. The secretary-treasurer shall have charge of the business and transactions of the board. The secretary-treasurer shall assemble and present to the board an annual report of the board's receipts and expenditures and a complete statement of the board's work during the year.
Source: SL 1975, ch 16, § 1; 6 SDR 106, effective May 12, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-4, 36-14-8.
Cross-Reference: Local bank accounts must be approved by state auditor and state treasurer, SDCL 4-4-3.
20:39:01:04. Petition for new rules.Superseded.
Commission Note: SDCL 1-26-13 provides a statutory procedure to use for petitioning an agency for amendments to its rules, thus effectively superseding this section.
20:39:01:05. Response to petition. Upon receipt of a petition for a change in rule, the secretary-treasurer shall immediately mail one copy to each board member and set a meeting within 25 days to act on the petition.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 1-26-13.
Commission Note: A portion of this rule was superseded by SDCL 1-26-13 which provides a statutory procedure for petitioning an agency for change in its rules. This section has been modified to conform to the change.
20:39:01:06. Request for decision from board. A party with a contested case before the board may request a final order terminating administrative action and declaring the rights and liabilities of the parties thereto by delivering a demand to the secretary-treasurer in person or by certified mail. The secretary-treasurer must either issue the order or issue an explanation of the procedures to be followed before the secretary-treasurer can issue the order within three weeks after receipt of the demand.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-9.
20:39:01:07. Petition for declaratory ruling. To initiate proceedings for declaratory rulings on the applicability of a statute or rule, a person may file with the board a verified complaint stating the action requested and the factual basis. On the filing of the complaint the board shall fix a date for hearing on the complaint and shall give notice of the hearing to all interested persons. If the parties likely to be affected are diffuse in nature, the board shall hold a contested hearing and issue its decision in the form of a new proposed rule. It shall then hold another hearing pursuant to SDCL 1-26-4 to promulgate the rule. Written notice of the final determination of the board concerning a contested case held under this section shall be given to all persons who have requested it.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-9.
CHAPTER 20:39:02
INFECTION CONTROL REQUIREMENTS
Section
20:39:02:01 Physical plant infection control requirements.
20:39:02:02 Equipment and infection control requirements.
20:39:02:03 Required infection control practices for barber shops and barber schools.
20:39:02:04 Practices prohibited in barber shops and barber schools.
20:39:02:05 Specific sanitation requirements for barber schools.
20:39:02:01. Physical plant infection control requirements. Each barber shop and barber school shall observe the following infection control requirements in its physical plant:
(1) The buildings and quarters must at all times be kept clean, well painted, adequately ventilated, and amply lighted;
(2) The floors shall be maintained in good repair and be either tiled or covered with linoleum or comparable floor covering;
(3) All barber chairs shall be maintained in sound mechanical condition. Upholstery of the chair may not be ripped or otherwise opened to expose the material inside. The chairs must be placed center to center, and each chair must occupy at least 35 square feet of floor space.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-9.
20:39:02:02. Equipment and infection control requirements. Each barber shop and barber school shall be equipped with the following equipment:
(1) One wet disinfectant and one dry cabinet disinfectant for each barber chair, together with the compounds generally associated with their use;
(2) One mirror for each barber chair, not less than 30 inches in diameter;
(3) In a barber shop, one properly working sink for each two barber chairs; and
(4) If hair brushes are used, there shall be a minimum of four brushes per barber chair. Hair brushes shall be cleaned and disinfected after each customer use.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-9.
20:39:02:03. Required infection control practices for barber shops and barber schools. Each barber shop and barber school shall observe the following infection control practices:
(1) Chairs, walls, floors, and windows shall be kept clean at all times. Barber chairs shall be cleaned by wiping each day. Sinks must be cleaned and disinfected, if used, after each customer. Mirrors shall be washed at least once each business day;
(2) Items that cannot be disinfected are considered single-use, and must be disposed of immediately after use in a closed waste container;
(3) Multi-use items must be thoroughly washed in soap and hot water, rinsed with clean warm water, and disinfected according to disinfectant manufacturer instructions. Contact points of all non-immersable equipment and metal implements must be disinfected by wiping or spraying with a board-approved disinfectant. After being disinfected multi-use items must be stored in clean, closed, and labeled containers between use. The use of any multi-use article, tool, or product which cannot be cleaned and disinfected is prohibited; and
(4) For blood exposure involving a client or licensee, the following steps must be followed:
(a) If the client is bleeding: Stop service; put gloves on; if appropriate, assist client to sink and rinse the injured area under running water; pat dry with a new, clean, disposable towel; offer or apply antiseptic and an adhesive bandage; place all single-use items in a bag and place in a trash receptacle; remove all implements from station and properly clean and disinfect the implements; clean and disinfect work area; remove and dispose of gloves; wash hands; return to service;
(b) If the licensee is bleeding: Stop service; explain the situation and excuse yourself from service; if appropriate, rinse injured area under running water; pat dry with a new, clean, disposable towel; apply antiseptic and an adhesive bandage; put gloves on; place all single-use items in a bag and place in a trash receptacle; remove all implements from the work area and properly clean and disinfect the implements; clean and disinfect work area; remove and dispose of gloves; wash hands; if necessary, cover injured area with a protective finger cot or new glove; return to service.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-9.
20:39:02:04. Practices prohibited in barber shops and barber schools. A barber or barber school student may not engage in any of the following practices:
(1) Allowing the use of the head rest of any barber chair under the control of the barber or barber school student unless the head rest is covered by a towel that has been washed since its last use or by a clean, new paper;
(2) Knowingly servicing a person afflicted with a contagious or infectious disease; or
(3) Allowing the use or possession on the work premises of styptic pencils, lump alum, or powder puffs.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 44 SDR 76, effective November 1, 2017; 46 SDR 64, effective November 25, 2019.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-9.
20:39:02:05. Specific sanitation requirements for barber schools. Each barber school shall observe the following sanitation requirements:
(1) Each school must be equipped with one high-frequency apparatus for each 10 students; one ultra-violet and one infra-red ray lamp for each 20 students; one hair dryer for each 20 students; one massage machine with applicators; one stimulax type vibrator for each 10 students; one scalp steamer for each 20 students; one white, one red, and one blue dermal light; and one high power microscope for bacteria and hair study;
(2) Each school must maintain a supply of linens, jackets, or uniforms for instructors and students;
(3) A school may not permit smoking in the workrooms or classrooms of the school by either instructors or students;
(4) Each school shall provide clean, airy cloakrooms, a separate lecture room, and space for a manager's office;
(5) Each student shall be supplied with a hamper for soiled towels and one wastepaper container. One towel cabinet shall be provided for each two students. Each school shall provide one electric latherizer for each two students enrolled in the senior department.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-9.
CHAPTER 20:39:03
SCHOOLS AND INSTRUCTORS
Section
20:39:03:01 General requirements for initial approval of barber schools.
20:39:03:01.01 Transferred.
20:39:03:02 Equipment requirements.
20:39:03:03 Inspections of school.
20:39:03:04 Length and annual renewal of school license.
20:39:03:05 Educational materials requirements for licensed barber schools.
20:39:03:06 Curriculum requirements for classroom education.
20:39:03:07 Repealed.
20:39:03:08 Credit for general coursework earned in related educational programs.
20:39:03:09 Credit for hours from other institutions.
20:39:03:10 Instructor requirements for initial licensure.
20:39:03:11 Instructor requirements and responsibilities.
20:39:03:12 Substitute instructors.
20:39:03:13 Student barber practice.
20:39:03:14 Distance learning.
20:39:03:01. General requirements for initial approval of barber schools. Each barber school shall meet the following requirements to receive board approval:
(1) The applicant completes and submits the application form with all attachments;
(2) The application is accompanied by the fee required in this chapter;
(3) The applicant is in good standing with any other agencies the applicant may be licensed by;
(4) The school passes an inspection ensuring that the school meets all the applicable requirements of this chapter; and
(5) The application is accompanied by the fee required in this chapter.
Source: SL 1975, ch 16, § 1; 6 SDR 106, effective May 12, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 44 SDR 76, effective November 1, 2017; 46 SDR 64, effective November 25, 2019; 47 SDR 8, effective August 3, 2020.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-6, 36-14-17, 36-14-24.
20:39:03:01.01 Transferred to § 20:39:03:12.
20:39:03:02. Equipment requirements. Each barber school shall possess the following equipment:
(1) An instruction board or blackboard in the lecture room;
(2) A set of enlarged anatomic charts showing nerves, muscles, blood vessels, bones of the head and neck, structure of the hair, and skin structure;
(3) A minimum of one properly working sink for each four students present and performing services at any time;
(4) At least one barber chair for each student present and performing services on a client; and
(5) Time-keeping system to track student hours.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 44 SDR 76, effective November 1, 2017; 46 SDR 64, effective November 25, 2019; 47 SDR 8, effective August 3, 2020.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-17.
20:39:03:03. Inspections of school. Two unannounced inspections shall be made of each school per calendar year. The inspection report shall be given to the instructor in charge and present during each inspection.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 44 SDR 76, effective November 1, 2017; 46 SDR 64, effective November 25, 2019; 47 SDR 8, effective August 3, 2020.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-6, 36-14-17.
20:39:03:04. Length and annual renewal of school license. A barber school license is valid for a period of one year expiring on June 30. To renew a license, the school shall apply to the board by May 1. The renewal application shall contain a statement that the school has complied with SDCL 36-14 and this article during the previous year.
The renewal application shall be accompanied by the school's curriculum and textbook list for review and approval by the board.
Source: SL 1975, ch 16, § 1; 6 SDR 106, effective May 12, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 44 SDR 76, effective November 1, 2017; 46 SDR 64, effective November 25, 2019; 47 SDR 8, effective August 3, 2020.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-17.
20:39:03:05. Educational materials requirements for licensed barber schools. Each barber school licensed by this board shall:
(1) Supply each student with or require each student to obtain the textbooks necessary to learn the subjects in the school's curriculum; and
(2) Supply each student with or require each student to obtain a tool kit containing thinning shears, cutting shears, changeable straight razor, box of blades for straight razor, styling and taper combs, spray bottle for water, mannequin head, electric clippers and attachments, electric trimmer, styptic powder, barber smock or apron, and cape for client protection.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 44 SDR 76, effective November 1, 2017; 46 SDR 64, effective November 25, 2019; 47 SDR 8, effective August 3, 2020.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-9, 36-14-17.
20:39:03:06. Curriculum requirements for classroom education. Each barber school offering a complete barber program, totaling 1500 hours, shall meet the following minimum curriculum requirements:
(1) General infection control; implements and equipment; first aid; blood exposure standards: 100 hours;
(2) Professional standards and development; effective communication; business practices; and state laws and rules: 70 hours;
(3) Scientific fundamentals, including hygiene; bacteriology; anatomy; chemistry; electricity; diseases of the skin and hair; massaging and manipulating the muscles of the upper body: 220 hours;
(4) Principles of hair design, scalp care, shampooing, haircutting and hairstyling: 430 hours;
(5) Chemical hair services, including chemical texture services; and hair coloring: 280 hours;
(6) Shaving, including care and use of a straight-edge razor: 130 hours; and
(7) Skin sciences, including physiology and histology of the skin; skin care products; chemistry, ingredients and selection: 70 hours.
In addition to the hours set forth in this section, each student must receive an additional 200 hours of education. The additional hours of education may be in areas that the school determines are necessary to supplement the basic course requirements for an individual student.
Barber students must spend 150 hours in classrooms, demonstrations, and practice before performing service on any client of the school. A school must teach 1,200 hours of practical work and 300 hours of theory, classroom instruction, and demonstrations.
A school may not require a student to work, be instructed, or earn credit for more than eight hours in a day. However, a school may offer students the option to earn credit for more than eight hours in a day.
A student may receive a maximum of 32 hours for educational field trips if the trip has been approved by the executive director. For approval the school must complete a field trip form and attach a lesson plan. The students must be accompanied by an instructor. A minimum of one licensed instructor shall accompany students.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 44 SDR 76, effective November 1, 2017; 46 SDR 64, effective November 25, 2019; 47 SDR 8, effective August 3, 2020.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-17.
20:39:03:07. Student barber practice. Repealed.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 47 SDR 8, effective August 3, 2020.
20:39:03:08. Credit for general coursework earned in related educational programs. A licensed cosmetologist, nail technician, or esthetician seeking a barber certificate may be granted maximum credit for related hours and curriculum earned in another educational program as shown below:
(1) General infection control; implements and equipment; first aid; blood exposure standards: 90 hours;
(2) Professional standards and development; effective communication; business practices; and state laws and rules: 60 hours;
(3) Scientific fundamentals, including hygiene; bacteriology; anatomy; chemistry; electricity; diseases of the skin and hair; massaging and manipulating the muscles of the upper body: 200 hours;
(4) Principles of hair design, scalp care, shampooing, haircutting and hairstyling: 300 hours;
(5) Chemical hair services, including chemical texture services; and hair coloring: 280 hours;
(6) Shaving, including care and use of a straight-edge razor: 130 hours; and
(7) Skin sciences, including physiology and histology of the skin; skin care products; chemistry, ingredients and selection: 70 hours.
Source: 47 SDR 8, effective August 3, 2020.
General Authority: SDCL 36-14-7.1, 36-14-9.
Law Implemented: SDCL 36-14-7.1, 36-14-17.
20:39:03:09. Credit for hours from other institutions. Any individual seeking credit for coursework completed at an institution not teaching the practice of barbering, shall submit an official transcript from that institution.
For education earned in a credit hour program, each credit hour is equal to 30 clock hours.
Source: 47 SDR 8, effective August 3, 2020.
General Authority: SDCL 36-14-7.1.
Law Implemented: SDCL 36-14-7.1.
20:39:03:10. Instructor requirements for initial licensure. To receive an instructor license, the applicant shall:
(1) Possess a South Dakota barber certificate of registration;
(2) Complete at least one year of licensed barber experience;
(3) Complete at least 500 hours of instructor training to include methods of teaching, student barber services, and clinic floor management, of which 100 hundred hours must be instructing experience in a licensed barber school under the direct supervision of a licensed barber instructor; and
(4) Passage of a board-approved instructor theory examination.
Source: 47 SDR 8, effective August 3, 2020.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-9.
20:39:03:11. Instructor requirements and responsibilities. All instructors employed at a school must:
(1) Check clients receiving services from a student before, during, and after the performance of the services;
(2) Be readily identifiable at all times while instructing;
(3) Supervise students. Each instructor may directly supervise a maximum of 15 students at any one time, except an instructor may teach any number of students in the theory classroom; and
(4) Be present during any demonstration. A person qualified and trained in a particular profession for special instruction of students in the field of that person's specialty may demonstrate services to students. A demonstrator shall be readily identifiable as a demonstrator at all times of the demonstration.
Source: 47 SDR 8, effective August 3, 2020.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-9.
20:39:03:12. Substitute instructors. A barber school licensed by the board may hire a substitute instructor if:
(1) The individual is a registered barber in this state;
(2) The substitute instructor instructs 80 hours or less during a calendar year; and
(3) The barber school notifies the board office as soon as the emergency need arises with the name of the substitute instructor and the hours the substitute will be instructing.
A substitute instructor may not be otherwise employed by the school.
Source: 4 SDR 8, effective August 21, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 64, effective November 25, 2019; transferred from § 20:39:03:01.01, 47 SDR 8, effective August 3, 2020.
General Authority: SDCL 36-14-9(2).
Law Implemented: SDCL 36-14-9.
20:39:03:13. Student barber practice. Student barber practice must meet the following conditions:
(1) Each school shall place a sign, either on the front window or extending above the front door, giving the name of the school and stating that it is a school or college of barbering;
(2) No school may advertise that the school is a barber shop;
(3) No commissions in any form may be paid by the school to students; and
(4) A sign must be displayed inside the school near the entrance indicating that all work done in the school is done by students.
Source: 47 SDR 8, effective August 3, 2020.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-9, 36-14-17.
20:39:03:14. Distance learning. Students may earn a maximum of 300 hours of theory and classroom demonstrations through distance learning. The distance learning plan must be submitted to the board for approval. All distance learning must be completed using a format that will allow direct supervision of a student by an instructor.
Source: 47 SDR 8, effective August 3, 2020.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-17.
CHAPTER 20:39:04
EXAMINATIONS
Section
20:39:04:01 Number and location of examinations.
20:39:04:02 Location of examinations -- Notice.
20:39:04:03 Passing scores for barber and instructor examinations.
20:39:04:01. Number and location of examinations. The board shall administer examinations for barber and instructor certificates at a location designated by the board.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 44 SDR 76, effective November 1, 2017.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-13, 36-14-19.
20:39:04:02. Location of examinations -- Notice. The board shall, by notice posted one month in advance of each examination in the office of Department of Labor and Regulation, prescribe the location and date of each barber examination.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 44 SDR 76, effective November 1, 2017.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-13, 36-14-19.
20:39:04:03. Passing scores for barber and instructor examinations. Each applicant for registered barber and instructor shall pass a practical and written examination with a minimum score on each examination of 75 percent.
Source: 6 SDR 106, effective May 12, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 44 SDR 76, effective November 1, 2017.
General Authority: SDCL 36-14-9.
Law Implemented: SDCL 36-14-13, 36-14-17.
CHAPTER 20:39:05
FEES REQUIRED
Section
20:39:05:01 Renewal fee for barber certificate of registration.
20:39:05:02 Repealed.
20:39:05:03 Fee to operate a barber school.
20:39:05:04 Fee to operate a barber shop.
20:39:05:01.
Renewal fee for barber certificate of registration.
For the annual renewal of a certificate of registration to practice barbering
the fee is $75. For the restoration of an expired certificate the fee is $15,
plus $12 penalty for each expired year, plus the annual license fee.
Source:
6 SDR 106, effective May 12, 1980; 12 SDR 159, effective April 10, 1986; 12 SDR
151, 12 SDR 155, effective July 1, 1986; 21 SDR 214, effective June 20, 1995;
33 SDR 212, adopted May 15, 2007, effective July 1, 2007.
General
Authority: SDCL 36-14-9, 36-14-24.
Law
Implemented: SDCL 36-14-22, 36-14-24.
20:39:05:02. Renewal fee for apprentice barber certificate of registration. Repealed.
Source: 6 SDR 106, effective May 12, 1980; 12 SDR 159, effective April 10, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 21 SDR 214, effective June 20, 1995; 33 SDR 212, adopted May 15, 2007, effective July 1, 2007; 44 SDR 76, effective November 1, 2017.
20:39:05:04. Fee to operate a barber shop. The fee to
operate a barber shop is $50 annually plus $10 for each barber chair.
Source:
6 SDR 106, effective May 12, 1980; 12 SDR 151, 12 SDR 155, effective July 1,
1986; 21 SDR 214, effective June 20, 1995; 33 SDR 212, adopted May 15, 2007,
effective July 1, 2007.
General
Authority: SDCL 36-14-9, 36-14-27.
Law
Implemented: SDCL 36-14-27.
