Administrative Rule 20:39:03 | South Dakota Legislature

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.

Rule 20:39:03:01.01 Transferred.

20:39:03:01.01 Transferred to § 20:39:03:12.

Rule 20:39:03:02 Equipment requirements.

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.

Rule 20:39:03:03 Inspections of school.

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.

Rule 20:39:03:04 Length and annual renewal of school license.

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.

General Authority: SDCL 36-14-9.

Law Implemented: SDCL 36-14-17.

Rule 20:39:03:05 Educational materials requirements for\ licensed barber schools.

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.

Rule 20:39:03:06 Curriculum requirements for classroom education.

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.

Rule 20:39:03:07 Repealed.

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.

Rule 20:39:03:08 Credit for general coursework earned in related educational programs.

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.

Rule 20:39:03:09 Credit for hours from other institutions.

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.

Rule 20:39:03:10 Instructor requirements for initial licensure.

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.

Rule 20:39:03:11 Instructor requirements and responsibilities.

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.

Rule 20:39:03:12 Substitute instructors.

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.

Rule 20:39:03:13 Student barber practice.

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.

Rule 20:39:03:14 Distance learning.

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.

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