HOUSE BILL NO. 5786

June 06, 2024, Introduced by Rep. Churches and referred to the Committee on Regulatory Reform.

"Occupational code,"

by amending sections 1108 and 1110 (MCL 339.1108 and 339.1110), section 1108 as amended by 2021 PA 101 and section 1110 as amended by 2020 PA 27.

the people of the state of michigan enact:

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 17 years of age.

(b) Is of good moral character.

(i) Not Subject to subsection (3) and section 1110(6), not less than a 1,800-hour 1,500-hour course of study at a licensed barber college.

(ii) Subject to subsection (4), served as an apprentice for at least 1,800 not less than 1,500 hours as an apprentice in a barber apprenticeship program.

(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 not less than 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 The department may deny or limit a license described in this subsection 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 subsection (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 If the individual's 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) The individual may not substitute experience for instruction under this subsection unless he or she the individual provides a signed and notarized attestation detailing his or her the individual's experience, including his or her the individual's place of employment or apprenticeship, to the department.

(b) The individual 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) A barber apprenticeship program does not satisfy the requirements of subsection (1)(c)(ii) unless the owner of the barber college or barbershop that conducts the apprenticeship program ensures that the apprenticeship program meets all of the following requirements:

(a) A student or apprentice is not required to be in attendance for more than 40 hours per week.

(b) A system to keep and maintain records as required under subsection (5).

(d) A student or apprentice is required to pass an examination before the owner of the barber college or barbershop certifies to the department that he or she the student or apprentice has completed training.

(e) Before the barber college begins training a student, or the barbershop accepts an apprentice, the owner of the barber college or barbershop obtains proof that the student or apprentice has a high school education, or the equivalent of a high school education. This subdivision does not apply to a student who is enrolling in a program offered as a part of the regular curriculum of a public school and approved by the state board of education.

(f) Before the barber college begins training a student, or the barbershop accepts an apprentice, the owner of the barber college or barbershop submits an application to the department on behalf of the student or apprentice. The owner of the barber college or barbershop shall retain a copy of the proof of education described in subdivision (e), if applicable, and the application described in this subdivision in the records of the barber college or barbershop until the student or apprentice applies for examination to obtain a license.

(5) The owner of a barber college or barbershop that conducts an apprenticeship program shall keep and maintain the following records for each apprentice for at least not less than 3 years:

(a) A daily attendance record.

(b) A record of the types of services and practical applications performed during the apprentice's training.

(d) A copy of the apprentice's contract.

(e) An evaluation and progress records of the apprentice's work.

(f) A proposed completion date of the apprentice's participation in the apprenticeship program.

(6) The owner of a barbershop that conducts an apprenticeship program shall provide a curriculum and instruction that is substantially similar to that required to be provided by a barber college.

(7) The owner of a barbershop that conducts an apprenticeship program shall not charge a fee for the teaching of barber services to apprentices on the premises. The owner of a barbershop where 1 apprentice has been successfully trained may allow the training of additional apprentices at the establishment, except that not more than 2 apprentices may be trained at the same time.

(8) If the location of a barbershop where an apprenticeship program is conducted changes, the owner of the barbershop may continue the apprenticeship program at the new location if a new license is issued under section 1111, and an apprentice who was receiving training at the original location may continue to receive training at the new location.

(9) As used in this section, "apprentice" means an individual who is engaged in learning the theory and practice of serving as a barber and providing barber services.

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) Subject to subsection (6), provides an educational program that requires completion of 225 hours of classroom study, demonstrations, and recitations and 1,575 hours of practical barber training.1,500 hours of instruction, including the required number of hours of classroom study and practical barber training as set forth in rules promulgated by the department.

(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, not less than 1 instructor is present when classroom study or theory training is given to any number of students. , at least 1 instructor is present.

(ii) If At all times, not less than 1 instructor is present for every 30 students when practical training occurs. , there is at least 1 instructor present for every 30 students at all times.

(f) Except as provided in subsection (7), is completely partitioned from any other place of business or dwelling. Except as provided in subsection (7), a person shall not conduct any other business from a barber college other than the rendering of barber services and the teaching of barbering. , although a 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 must 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 not less than 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 this 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 the student's instruction.

(6) For the purposes of subsection (1)(b) and section 1108(1)(c), if a student of a barber college is licensed as a cosmetologist under article 12, the barber college may allow the student to substitute hours of instruction completed at a state school of cosmetology for hours of instruction that are substantially similar in content to hours of instruction at the barber college. However, a A barber college shall not allow a student to substitute more than 1,000 hours of substantially similar instruction from a state school of cosmetology for hours of instruction at the barber college under this subsection. The department by rule shall establish criteria for determining whether an hour of instruction at a state school of cosmetology is substantially similar to an hour of instruction at a barber college. As used in this subsection and subsection (7), "state school of cosmetology" means a school of cosmetology that is licensed under article 12.

(7) A barber college and a state school of cosmetology may occupy the same building and share facilities.

(8) 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.