CHAPTER 639

An Act to regulate the practice of barbering, to provide for the examina-
tion and registration of barbers, barber teachers and apprentices,
and the licensing of schools of barbering, and fixing the fees thereof;
to establish a Board of Barber Examiners and to define its powers
and duties; to provide for physical examinations and certifications of
health of barbers, barber teachers and apprentices; to regulate bar-
bers, barber teachers and apprentices; to regulate barber shops and
schools of barbering; to provide and appropriate funds for the pur-
pose of administering, enforcing and effectuating the provisions
hereof; to require annual inspections by State and local health de-
partments and to provide penalties for the violations of the provisions
hereof.

[H 334]

Approved April 7, 1962

Be it enacted by the General Assembly of Virginia:

§ 1. The following words and phrases, when used in this act, shall,
for the purpose of this act, have the meanings respectively ascribed to
them in this section, except in those instances where the context clearly
indicates a different meaning.

(a) “Barbering’—Any one or any combination of the following acts,
when done on the human body for pay or reward and not for the treatment
of disease, to-wit, shaving, shaping and trimming the beard; cutting,
singeing, shampooing or dyeing the hair or applying lotions thereto;
applications, treatment or massages of the face, neck or scalp with oils,
creams, lotions, cosmetics, antiseptics, powders, clays, or other prepara-
tions in connection with shaving, cutting or trimming the hair or a beard.

(b) “Barber Shop’—Any establishment or place of business within
which the practice of barbering is engaged in or carried on by more than
one barber.

(c) “Board’—The Board of Barber Examiners.

§ 2. No person shall practice or attempt to practice barbering in a
barber shop in this State without a current certificate of registration as a
registered barber.

No person shall teach or attempt to teach in a school of barbering in
this State without a current certificate of registration as a registered bar-
ber teacher.

It shall be unlawful to operate a barber shop in this State unless it is
at all times under the direct supervision and management of a registered
barber, and has been issued a barber shop permit; it shall be unlawful to
operate a school of barbering in this State unless it is at all times under
the direct supervision and management of a registered barber teacher.

It shall be unlawful for any person, firm or corporation to hire or
employ any person other than a registered apprentice or registered barber
to engage in the practice of barbering in a barber shop in this State.

The certificate of registration required by this section shall be issued
pursuant to the provisions of this act by the Board.

§ 8. No registered apprentice may independently practice barbering
in a barber shop in this State, but he may as an apprentice do any or all
of the acts constituting the practice of barbering under the immediate
personal supervision of a registered barber, or registered barber teacher,
and only one such apprentice shall be employed in any licensed shop.

§ 4. The provisions of this act shall not be construed to apply to:
(a) Persons authorized by the laws of this State to practice medicine
and surgery or osteopathy or chiropractic;

Registered nurses under the laws of this State;

(c) Persons practicing beauty culture; ;

(d) Persons employed in State or local institutions, or hospitals, as
barbers, who shall practice only on the inmates of said institutions, em-
ployees and officials thereof; and

(e) Morticians and undertakers registered as such under the laws
of this State.

§ 5. Any person is qualified to receive a certificate of registration to
practice barbering:

(a) Who is qualified under the provisions of § 6 of this act;

‘(b) Who is at least eighteen years of age, of good moral character
and temperate habits;

(c) Who has practiced as a registered apprentice for a period of
eighteen months under the immediate personal supervision of a registered
barber; and

(d) Who has passed an examination conducted by the Board to deter-
mine his or her fitness to practice barbering.

(e) An applicant for a certificate of registration to practice as a
registered barber who fails to pass an examination conducted by the Board
must continue to practice as an apprentice for an additional six months
before he is again entitled to take the examination for a registered barber.

§ 6. Any person is qualified to receive a certificate of registration as
a registered apprentice:

(a) Who is at least sixteen and one-half years of age;

(b) Who is of good moral character and temperate habits;

(c) Who has graduated from a school of barbering approved by the
Board, or who has been trained as a barber at any State institution, or
in the armed forces;

(d) Who has passed an examination conducted by the Board to deter-
mine his or her fitness to practice as a registered apprentice provided
that such examination shall be oral where the applicant cannot read or
write; and

(e) Who can furnish to the Board a certificate from a licensed physi-
cian of this State dated not more than ten days prior to the date of the
application, attesting that he or she is free from any contagious or infec-
tious disease.

(f) An applicant for a certificate of registration to practice as an
apprentice in a barber shop who fails to pass an examination is required
to complete a further course of study and practice of not less than five
hundred hours, to be completed within six months, of not more than eight
hours in any one working day in a school of barbering approved by the

oard.

§ 7. No school of barbering shall be approved by the Board unless
its faculty are registered barber teachers under this act and pass an
examination, conducted by the Board, as a registered barber teacher, as
required in the course of instructions set forth in this act.

No barber school shall pay compensation of any kind to students.

No barber school shall allow instruction of more than sixteen students
per barber teacher.

Any student entering a school of barbering to learn the occupation
to practice as a barber in this State, shall be required to practice in a
school of barbering not less than one thousand hours study, and practice
not more than eight hours in any one day, within a period of six months,
such course of instruction to include the following subjects:

Scientific fundamentals for barbering; physiology, hygiene, elementary
chemistry relating to sterilization and antiseptics; massaging and manip-
ulating the muscles of the face, neck and scalp; hair cutting, bobbing,
waving, shaving, beard trimming and dyeing the hair.

No school of barbering shall enroll or admit any student thereto unless
such student shall make and file, in duplicate, an application under oath
which said application shall be of such form and contain such matters as
the Board may prescribe and shall be obtained by such student or the school
from said Board. One copy of such application shall be retained by the
school enrolling or admitting the student and the other copy shall be filed
by such school with said Board. ;

No school of barbering shall enroll or admit any student in a post
graduate course thereof, which said post graduate course shall be for the
purpose of qualifying persons to pass the examination conducted by the
Board to determine fitness to practice barbering, unless such student shall
file, in duplicate, an application, under oath, which said application shall
be obtained by such student or school from the Board and shall be in such
form and shall show that the applicant has passed an examination con-
ducted by said Board, and that such applicant has either

(a) graduated from a school of barbering approved by the Board,

(b) then holds a valid, unexpired and uncancelled certificate of regis-
tration as a registered apprentice, or

(c) who can prove by affidavit that he has practiced as a barber
in this State or another state or country for at least two years immedi-
ately prior to making such application; one copy of such application shall
be retained by the school so admitting or enrolling such student and the
other shall be filed by such school with said Board. Nothing in this section
08 hens fhall be construed as limiting or modifying the provisions of

ereof.

Any duly licensed barber shop operating under this act having or
employing more than one apprentice therein at any one time is hereby
declared to be a barber school, and shall be subject to all the provisions of
this act relating to barber schools.

§ 8. Each applicant for an examination shall:

(a) Make application to the Board at least forty-five days prior to
examination date, on blank forms prepared and furnished by the Board,
such application to contain proof under the applicant’s oath of the par-
ticular qualifications of the applicant;

(b) Furnish to the Board a certificate from a licensed physician of
this State, dated not more than ten days prior to the date of application,
attesting that he or she is free from any contagious or infectious disease;
an

(c) Pay the required fee to the Board as provided in this act.

§ 9. The Board shall conduct examinations of applications for cer-
tificates of registration to practice as registered barber teachers, registered
barbers, registered apprentices, and examinations to determine his or her
fitness as a student to enter a school of barbering not less than four times
each year at such time and place as the Board may determine. The exami-
nation of applicants for a certificate of registration as registered barber
teacher, registered barbers and registered apprentices shall include both
practical demonstrations and written and oral tests, and shall embrace the
subjects required in § 7 to be taught in schools of barbering approved by
the Board.

§ 10. Certificates of registered barber teacher, registered barber or
of registered apprentice shall be issued by the Board to any applicant who
shall pass an examination making an average grade of not less than
seventy-five per cent on each, both practical and written, and who shall
possess the other qualifications required by law.

§ 11. A person who is at least eighteen years of age, of good moral
character and temperate habits, who has been duly licensed to practice as
a barber in any state in the United States which has a standard of qualifi-
cations and examinations for such practice as high as that provided for
in Virginia by this act, for a period of not less than two years preceding
may, upon proper application to the Board and upon the payment of the
fee required by this act, in lieu of examination and registration fees, be
issued a certificate of registration without examination and shall there-
upon be authorized to practice as a registered barber in this State, pro-
vided, however, the same privilege be granted to citizens of this State.

§ 12. Any person who was practicing barbering in this State at
the time of the passage of this act, or an apprentice who was practicing
in this State prior to the passage of this act, who can furnish to the Board
a certificate from a licensed physician in this State, dated not more than ten
days prior to the date of application that he or she is free from any con-
tagious or infectious disease, shall be issued a certificate of registration
after paying the required fee, without being required to stand the practical,
written and oral test as required in § 9 of this act, provided such applica-
tion is made within a period of nine months from the effective date of this
act.

An apprentice barber shall be entitled to a certificate of registration
as a barber upon the completion of his or her apprenticeship, but he or she
shall be required to take an examination.

§ 18. Every holder of a certificate of registration shall display it in
a conspicuous place adjacent to or near his or her work chair.

The Board shall prepare copies of the provisions of § 23 of this act,
together with any other rules and regulations or sanitary requirements for
conduct of barber shops and barber schools which may be adopted by the
said Board in aid or furtherance of the provisions of this act, and furnish
to the owner or manager of each barber shop and barber school, one such
copy to be posted in a conspicuous place in such barber shop or barber
school by the said owner or manager thereof.

§ 14. Every registered barber teacher, registered barber and every
registered apprentice who continues in active practice or service shall an-
nually on or before January 1st of each year renew his or her certificate
of registration and pay the required fee. Every application for renewal of
a certificate of registration, if required by the State Board of Health, shall
be accompanied by a certificate from a licensed physician of this State,
dated not more than ten days prior to the date of application, attesting
that he or she is free from any contagious or infectious disease. Every
certificate which has not been renewed during the month of January in
any one year shall expire on the first day of February of that year. A reg-
istered barber teacher, barber or apprentice whose certificate of registra-
tion has expired may have his or her certificate restored immediately upon
payment of the restoration fee. Any registered practitioner under this act
who retires from teaching or practice of barbering for not more than five
years may renew his or her certificate of registration upon payment of
required restoration fee.

§ 15. The Board may either refuse to issue, or renew, or may suspend
or revoke any certificate of registration for any of the following causes:

(a) Gross malpractice or gross incompetency;

(b) Continued practice by a person knowingly having a dangerous
infectious or contagious disease;

(c) Advertising by means of knowingly false or deceptive statements;

(d) Habitual drunkenness or habitual addiction to the use of mor-
phine, cocaine or other habit forming drugs;

(e) The commission of any of the offenses described in § 19 sub-
divisions (c), (d), (f) and (g) of this act.

§ 16. The Board shall, before denying an application for certificate
of registration, or before suspending or revoking any certificate of regis-
tration, set the matter down for a hearing and at least ten days prior to
the date set for the hearing, it shall notify in writing the applicant, or
licensee, of any charges made, and shall afford the applicant or licensee an
opportunity to be heard in person or by counsel in reference thereto. Such
written notice may be served by delivery of same personally to the ap-
plicant or licensee, or by mailing same by registered mail to the last known
business or home address of such applicant or licensee. The hearing shall
be held within the county or city in which the respondent has his place of
business or residence in Virginia at such place therein and at such time as
the Board prescribes.

The Board shall have the power to subpoena and bring before it any
person in this State or take testimony of any such person by deposition with
the same fees and mileage in the same manner as prescribed by Law in
judicial procedure in courts of this State in civil cases. Any party to any
hearing before the Board shall have the right to the attendance of witnesses
in his behalf at such hearing, upon making request therefor to the Board
and designating the person or persons sought to be subpoenaed.

If the Board shall determine that any applicant is not qualified to re-
ceive a license, a license shall not be granted to such applicant, and if the
Board shall determine that any licensee is guilty of a violation of any of the
provisions of this chapter, his or its license shall be suspended or revoked.

§ 17. The provisions of Chapter 1.1 of Title 9 of the Code of Virginia
shall be applicable to this act.

§ 18. The fee to be paid by an applicant who is not a resident of the
State of Virginia at the time this law becomes effective for an examina-
tion to determine his fitness to receive a certificate of registration to
practice barbering is fifteen dollars.

The fee to be paid by an applicant who is a resident of the Common-
wealth of Virginia at the date this law becomes effective and qualifies
under this act, is ten dollars.

The fee to be paid by an applicant for examination to determine his
fitness to receive a certificate of registration to teach barbering is twenty-
five dollars.

The fee to be paid by an applicant for an examination to determine
his fitness to receive a certificate of registration to practice as an appren-
tice is five dollars.

The fee to be paid for the renewal of a certificate of registration to
teach barbering in a school of barbering is fifteen dollars.

The fee to be paid for the renewal of a certificate to practice barber-
ing is five dollars.

The fee to be paid for the restoration of an expired certificate to teach
barbering in a school of barbering is twenty-five dollars.

The fee to be paid for the restoration of a certificate to practice
barbering is six dollars.

The fee to be paid for the renewal of a certificate of registration to
practice as an apprentice is five dollars.

The fee to be paid for the restoration of an expired certificate to
practice as an apprentice is five dollars.

The fee to be paid for all barber shop permits shall be five dollars for
the initial fee for the first year or portion thereof, and the annual renewal
fee for each barber shop permit shall be five dollars.

The fee for the issuance of a certificate of registration for a Barber
College is fifty dollars. The annual renewal fee for such certificate is fifty
sues pa the fee for the restoration of an expired certificate is seventy-

ve dollars.

All applications for renewals or restoration of certificates must be
made within a period of one year after the date of expiration, otherwise
the fee shall be twelve dollars.

A duplicate certificate or an apprentice permit will be issued upon
the filing of a statement covering the loss of a certificate or such permit
made under oath by the applicant, and payment of a fee of two dollars
for the issuance of the same. Each duplicate certificate or such permit
shall have the word “Duplicate” stamped across the face thereof and will
sone the same number as the certificate or such permit that it was issued
in lieu of.

§ 19. Each of the following shall constitute a misdemeanor punish-
able as provided by general law:

‘(a) The violation of any of the provisions of § 2 of this act;

(b) Permitting any person in one’s employ, supervision or control
to practice as an apprentice unless that person has a certificate of regis-
tration as a registered apprentice;

(c) Obtaining or attempting to obtain a certificate of registration
for money other than the required fee, or any other thing of value or by
fraudulent misrepresentations;

(d) Practicing or attempting to practice by fraudulent misrepre-
sentations ;
th (e) The wilful failure to display a certificate as required in § 18 of

is act;

(f) The use of any room or place for barbering which is also used
for residential or business purposes (except the sale of hair tonics, lotions,
creams, toilet articles, cigars, tobacco, and such commodities as are used
and sold in barber shops), unless a solid partition of ceiling height
separates the portion used for residential or business purposes. Provisions
of this section shall not apply to any barber shop operated at the time of
the effective date of this act in conjunction with pool rooms, pressing
shops or other businesses that do not endanger the health of patrons of the
barber shops.

(g) A violation of any of the provisions of subsections (a), (b), (c),
and (d) of § 23 hereof; or

(h) The wilful failure by any owner or manager of a barber shop
to display the copy of § 23 hereof together with any additional rules and
regulations as provided in § 13 hereof.

The Board is given the authority to enforce this law by injunction.

§ 20. The wilful making of any false statement as to material matter
in any oath or affidavit which is required by the provisions of this act is
perjury and punishable as such.

§ 21. A Board is hereby created to be known as the Board of
Barber Examiners of the Department of Professional and Occupational
Registrations which shall consist of five members appointed by the
Governor. At least two shall be practical barbers who have followed the
occupation of barbering in this State for at least five years immediately
prior to appointment.

The first Board appointed shall consist of five members, two of
whom shall serve for three years, two of whom shall serve for two years,
and one of whom shall serve for one year. Each member appointed there-
after shall serve for three years. Members appointed to fill vacancies
caused by death, resignation or removal shall serve during the unexpired
term of their predecessors. The Governor may remove a member for a
good cause.

The Board shall maintain its headquarters in Richmond in the
Department of Professional and Occupational Registration. The Board
shall adopt and use a common seal for the authentication of its orders
and records. The Board shall elect a Chairman and a Vice-Chairman. The
Director of the Department of Professional and Occupational Registration
shall serve as Executive Secretary of the Board. The Executive Secretary's
duties shall be to keep and preserve all records of the Board, issue all
necessary notices to the barbers of the State, and perform such other
duties as may be requested by the Board.

A majority of the Board in meeting duly assembled may perform and
exercise all the duties and powers devolving upon the Board.

Each member of the Board shall receive a per diem, to be fixed by the
Governor, and shall be reimbursed for his actual expenses. The members
of the Board shall make such examinations as are required under § 9 of
this act. The Secretary of the Board shall report annually to the Governor,
a full statement of its work during the year.

§ 22. All funds collected by the Board as provided in this act shall
be paid into the State treasury and are hereby appropriated to the said
Board for the purpose of administering, enforcing and effectuating the
purposes of this act. All payments out of this appropriation shall be made
by the Treasurer of Virginia on warrants of the Comptroller issued on
vouchers signed by the Secretary of the Board. The expenditures of the
Board shall not in any year exceed the amount of fees collected by the
Board for that year.

§ 23. It shall be unlawful:

(a) For any barber or apprentice to knowingly continue the practice
of barbering, or for any student knowingly to continue as a student in any
school of barbering, while such person has a dangerously infectious, con-
tagious or communicable disease;

(b) To manage, operate or control any barber shop or barber school
unless continuous hot and cold running water be provided for therein;

(c) To own, manage, operate or control any barber school or part or
portion thereof, whether connected therewith or in a separate building,
wherein the practice of barbering as hereinbefore defined is engaged in
or carried on unless all entrances to the place wherein the practice of
barbering is so engaged in or carried on shall display a sign indicating
that the work therein is done by students exclusively ;

(d) To manage, or control, or operate any barber shop as herein-
before defined unless the same displays a recognized sign indicating that
it is a barber shop, which said sign shall be clearly visible at the main
entrance to said shop.

The Board shall prescribe such rules, regulations and sanitary
requirements in addition to the foregoing in aid or furtherance of the
provisions of this act, as required by the State Board of Health pursuant
to § 32-6 of the Code of Virginia.

Any member of said Board or its agents shall have authority to enter
into and to inspect any barber shop or barber school at any time during
business hours.

§ 24. The Board shall keep a record of its proceedings relating to
the issuance, refusal, renewal, suspension and revocation of certificates of
registration. This record shall also contain the name, place of business
and residence of each registered barber and registered apprentice and the
date and number of his certificate of registration. This record shall be
open to the public at all reasonable times.

§ 25. Nothing contained in this act shall be construed to prevent
any municipal government in this State or county government in this
State, regulating the trade of barbering upon the effective date of this
section, from passing and enforcing reasonable laws and regulations not
in conflict with this act governing the practice of barbering within its
1278 ACTS OF ASSEMBLY [vA., 1962

§ 26. Inspectors and sanitarians of the State Department of Health,
or an affiliated local health department, shall inspect each barber shop in
the State regularly and shall determine if the certificates of registration
required by § 18 of this act and the rules and regulations pursuant to
§ 23 of this act are both posted, and that such rules and regulations are
being complied with strictly. Any infractions shall be immediately re-
ported to the Health Department and the executive secretary of the Board
of Barber Examiners for disciplinary action.

§ 27. If any section, subsection, sentence, clause or phrase of this
act is for any reason held to be unconstitutional, such decision shall not
affect the validity of the remaining portion of this act. The General
Assembly hereby declares that it would have passed this act, and each
section, subsection, sentence, clause and phrase thereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses or
phrases be declared unconstitutional.

§ 28. This act shall be known as the Virginia Barber Act.