Title 09 — Subtitle 16. Board of Barbers
Chapter 01. General Regulations
Regulation .01 General Requirements.LinkCopy Citation
A.
A licensee, permit holder, or registrant shall be familiar with and comply with the laws and regulations governing the practice of barbering.
B.
Every licensee, permit holder, and registrant shall display a current and valid license in full view of the public at the licensee's individual work station. The licensee or registrant shall affix a current picture to the license.
C.
A master barber or barber may not practice barbering in any place other than an authorized barber shop or an authorized beauty salon unless the following conditions are met:
(1)
The services are sponsored by an authorized shop;
(2)
The licensee is fully supplied with sanitized and disinfected equipment by the sponsoring shop and the implements and tools are carried back and forth in an appropriate manner to assure they are not contaminated;
(3)
The sponsoring shop maintains complete records of all services performed, and the date, time, place, and charge for the services; and
(4)
All tools, equipment, and complete records are available for inspection.
D.
An apprentice barber may not practice barbering in any place other than in an authorized barber shop.
E.
A master barber or barber operating in a beauty salon shall comply with all pertinent sanitation regulations contained in COMAR 09.16.02.04.
F.
A licensee, permit holder, or registrant shall promptly notify the Board of any change of address.
G.
The Board may initiate a criminal prosecution of a person who engages in the practice of barbering without a valid license or registration.
H.
A licensee or registrant is responsible for the sanitary condition of the licensee's or registrant's individual work station.
I.
A licensee, permit holder, or registrant may not knowingly interfere with the lawful activity of an inspector of the Board.
Regulation .02 Master Barber License.LinkCopy Citation
A.
A master barber license authorizes the licensee to practice all aspects of barbering without supervision.
B.
A master barber may provide training to one apprentice.
Regulation .03 Barber License.LinkCopy Citation
A barber license authorizes the licensee to practice all aspects of barbering.
Regulation .04 Barber Apprentice and Barber-Stylist Apprentice Registration.LinkCopy Citation
A.
A barber apprentice registration authorizes the apprentice to learn all aspects of barbering while in an authorized barber shop under the direct supervision of a master barber.
B.
A barber-stylist apprentice registration authorizes the apprentice to learn all aspects of barber styling while in an authorized barber shop under the direct supervision of a master barber.
Regulation .05 Supervision of a Barber Apprentice or Barber-Stylist Apprentice.LinkCopy Citation
A.
Prior to supervising an apprentice for the first time, a master barber shall participate in an orientation program administered by the Board.
B.
A master barber licensee who supervises an apprentice shall:
(1)
Ensure that the apprentice receives the required theory and practical training;
(2)
Ensure that the apprentice receives at least 30 hours of training per week;
(3)
File a monthly report, on a form supplied by the Board, stating the progress of each apprentice in the shop and identifying the designated licensee in charge of each apprentice; and
(4)
Advise the Board immediately, in writing, when an apprenticeship is discontinued, temporarily or otherwise.
C.
One master barber shall directly train one barber apprentice or barber-stylist apprentice.
D.
Unless the Board determines that legitimate circumstances exist, if a monthly report, as required under this regulation, is not received by the Board within 90 days of the training being reported:
(1)
The report may not be received by the Board; and
(2)
Credit may not be given for the purported training.
Regulation .06 Apprenticeship Registration Requirements.LinkCopy Citation
A.
A person may be registered as an apprentice if the person:
(1)
Is at least 16 years old;
(2)
Has secured a sponsoring shop in which to apprentice;
(3)
Has been approved by the Board; and
(4)
Prior to being registered as an apprentice, has participated in an orientation program administered by the Board.
B.
For good cause, the Board may issue a new barber apprentice registration to an individual previously registered as a barber apprentice if:
(1)
A minimum of 6 months has passed since the individual was last registered as a barber apprentice; and
(2)
The individual surrenders the number of hours earned under any other barber apprentice registration.
Regulation .07 Examinations.LinkCopy Citation
A.
The Board shall schedule examinations as often as necessary to meet the demand.
B.
Each qualified applicant for examination shall be sent a notice of the examination that contains the:
(1)
Time, date, and location of the examination;
(2)
Amount of time allotted for the examination;
(3)
Areas that will be tested during the theoretical and practical portions of the examination;
(4)
Requirements for models;
(5)
Equipment the applicant shall bring;
(6)
Requirements for passing the examination; and
(7)
Board's policy on bringing books or other materials into the examination room.
C.
Requirements for Taking Examination.
(1)
A candidate shall arrive in a timely fashion to take the examination.
(2)
A candidate shall present the notice of examination and a proper identification with the candidate's signature and photograph.
(3)
A candidate may not bring books or papers into the examination room and may not use those materials during either the practical or the theoretical portion of the examination.
(4)
A candidate taking the practical portion of an examination shall:
(a)
Appear in a clean, washable garment;
(b)
Be accompanied by a live model who is at least 16 years old unless advised otherwise by the Board; and
(c)
Appear with the equipment necessary to take the examination which shall be in a clean and disinfected condition and in good repair.
D.
Disqualification. A candidate who violates any of the provisions of §C of this regulation may not be admitted to the examination and shall forfeit the examination fee.
E.
Interpreters or Readers.
(1)
The Board may permit an interpreter or reader to accompany an applicant and assist in the translation or reading of the theory portion of the barber examination.
(2)
Except for a sign interpreter who may assist an individual who is hearing impaired:
(a)
An interpreter or reader may not assist in the practical portion of the barber examination; and
(b)
The Board may not permit interpreters or readers to translate or read the master barber examination.
F.
When a practical test cannot be completed for any reason, the grade for that test shall be “incomplete” and not “failure”.
G.
Passing Examination.
(1)
In order to be certified as passing an examination, a candidate shall:
(a)
Receive a satisfactory result on all parts of the practical examination;
(b)
Score at least 70 percent or more on the theoretical portion of the examination; and
(c)
Demonstrate a sufficient ability to verbally communicate and comprehend the English language in order to understand, converse, and properly respond to the requests, needs, and explanations of English-speaking patrons.
(2)
An individual who passes one or more portions of the examination shall be excused from retaking the portion passed.
(3)
An applicant who has not passed all parts of the examination within 1 year of the original examination date shall be required to retake the entire examination.
H.
Content of Barber Examination.
(1)
A barber examination shall consist of a theoretical portion and a practical portion.
(2)
The theoretical portion of the barber examination shall consist of questions which embrace the subjects of barber science found in a basic textbook including, but not limited to, the following:
(a)
Sanitation and disinfection;
(b)
Chemical applications;
(c)
Hair cutting and styling techniques;
(d)
Diseases and disorders; and
(e)
Laws and regulations regarding the practice of barbering.
(3)
The practical portion of the barber examination shall consist of the candidate demonstrating and explaining a:
(a)
Haircut;
(b)
Cold wave; and
(c)
Shave.
I.
Content of a Master Barber Examination.
(1)
A master barber examination shall consist of a theoretical portion only.
(2)
The candidate shall be required to demonstrate a knowledge of barbering including, but not limited to, the following:
(a)
An advanced knowledge of sanitation and disinfection;
(b)
An advanced knowledge of chemical applications;
(c)
An advanced knowledge of hair cutting and styling techniques;
(d)
An advanced knowledge of diseases and disorders; and
(e)
Knowledge of laws and regulations regarding the practice of barbering.
J.
Content of Barber Stylist Examination.
(1)
A barber examination shall consist of a theoretical portion and a practical portion.
(2)
The theoretical portion of the barber examination shall consist of questions which embrace the subjects of barber science found in a basic textbook including, but not limited to, the following:
(a)
Sanitation and disinfection;
(b)
Hair cutting and styling techniques;
(c)
Diseases and disorders; and
(d)
Laws and regulations regarding the practice of barbering.
(3)
The practical portion of the barber examination shall consist of the candidate demonstrating and explaining:
(a)
Haircut; and
(b)
Shave.
Regulation .08 Fees.LinkCopy Citation
A.
Purpose. This regulation is intended to carry out the provisions of Business Occupations and Professions Article, Titles 4 and 5, and Business Regulation Article, §§2-106.13 and 2-106.14, Annotated Code of Maryland. In particular, it is intended to set various fees in order to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the State Board of Barbers and State Board of Cosmetologists.
B.
Definitions.
(1)
In this regulation, the following terms have the meanings indicated.
(2)
Terms Defined.
(a)
“Barber shop permit fee” means the fee paid by an applicant or licensee, as applicable, in connection with the issuance and renewal of a barber shop permit.
(b)
“Barbers Board” means the State Board of Barbers.
(c)
“Cosmetologists Board” means the State Board of Cosmetologists.
(d)
“License fee” means the fee paid by an applicant or licensee, as applicable, in connection with the issuance and renewal of a license and the issuance of a limited license and a reciprocal license.
(e)
“Secretary” means the Secretary of Labor.
C.
Examination Fees. An applicant for examination or reexamination shall pay an examination or reexamination fee directly to the testing service chosen by the Barbers Board to develop or administer the examination.
D.
Average of Costs. In order to establish fees that more equitably distribute the costs associated with the operation of each board among similar boards, the Secretary may average the direct and indirect costs of the Barbers Board and the Cosmetologists Board, provided that the boards consent to having their direct and indirect costs averaged together.
E.
As provided for in Business Regulation Article, §§2-106.13 and 2-106.14, Annotated Code of Maryland, and this regulation, the Barbers Board sets the following license and permit fees:
(1)
Owner —$56;
(2)
Master barber —$56;
(3)
Barber —$56;
(4)
Barber stylist —$56;
(5)
Apprentice —$11;
(6)
Duplicate — 1/2 the applicable fee set forth in this section;
(7)
Reinstatement —$56;
(8)
Certification —$28; and
(9)
Inspection —$169.
F.
A separate payment is required for each application.
G.
Payment in cash may not be accepted.
H.
All fees are nonrefundable.
Regulation .09 Renewals.LinkCopy Citation
A.
A renewal application for each license or registration shall be mailed to each licensee, permit holder, and registrant at the last known address.
B.
A licensee, permit holder, or registrant shall submit each application and the required payment at least 14 days before the expiration date of the existing license.
C.
An application that is incomplete or is not accompanied by the appropriate fee shall be returned to the applicant.
Regulation .10 Compensation of Inspectors.LinkCopy Citation
A.
Inspectors, appointed by the Board, shall be paid a per diem of at least $50 based on the State's budget.
B.
All per diem employees are entitled to be reimbursed for traveling expenses in accordance with the State's policy.
Regulation .11 Citations to Licensees.LinkCopy Citation
Unless otherwise indicated, the following civil penalties are applicable to the following violations of the laws and regulations of the Board of Barbers discovered by a Board inspector during an inspection of a barbershop:
A.
Working in a barbershop for which a permit never has been issued or at another unauthorized location—$300
B.
Licensing.
(1)
Operating without a valid license—$300
(2)
No photo on license—$100
(3)
Providing services beyond scope of license—$300
C.
Sanitation.
(1)
Improper Disinfection.
(a)
Failure to wash implements before disinfection—$150
(b)
Failure to properly disinfect implements, bowls, basins, or other areas—$150
(c)
Failure to properly store disinfected implements—$150
(2)
Improper procedures for cut or blood-related incidents—formal hearing
(3)
Other.
(a)
Poor lighting, heating, ventilation—$50
(b)
Unclean walls, curtains, or floor coverings—$50
(c)
Absence of hot or cold running water—$50
(d)
Presence of rodents or insects—$50
(e)
Use of shop for sleeping or living—$100
(f)
Failure to promptly remove hair or debris—$50
(g)
Unsanitary restroom—$50
(h)
No soap dispenser and disposable towels—$50
(i)
Unclean operator's garments—$50
(j)
Failure to wash hands before each client—$50
(k)
No wet sanitizer containing proper disinfectant solution—$50
(l)
No closed drawer or cabinet for disinfected implements at station—$100
(m)
Failure to store disinfected implements in closed cabinet or drawer that contains no other objects or substances—$100
(n)
Use of neck duster, powder puff, sponge, septic pencil, or lump alum on more than one client—$100
(o)
Failure to properly cover head rest for each client—$100
(p)
Improper storage or disposal of towels—$50
(q)
Insufficient number of combs or brushes—$50
(r)
Failure to use protective neck strip or similar covering—$50
(s)
Improperly washed or sanitized shampoo bowl—$50
(t)
Failure to remove soiled items from top of work station after use—$50
(u)
Use of implements dropped on floor without cleaning and disinfecting—$100
(v)
Failure to maintain barber chairs and waiting chairs in a sanitary condition—$50
D.
Prohibited Practices.
(1)
Services on client with infectious or contagious disease—formal hearing
(2)
Operator with infectious or contagious disease performing services—formal hearing
(3)
Services on inflamed skin or scalp without physician authorization—formal hearing
(4)
Removal of corns, calluses, or other growths of skin by cutting—$300
(5)
Presence of animal—$100
(6)
Sale of used hairpieces—$300
(7)
Habitual intoxication or under influence of any drug—formal hearing
E.
Interference With Inspector—Formal Hearing
Regulation .12 Failure to Respond.LinkCopy Citation
A.
An applicant or licensee shall respond in writing to a written communication from the Board within 30 days of the date of mailing.
B.
The Board shall send a written communication by first-class mail to the last address furnished to the Board by an applicant or licensee.
C.
It is a responsibility of an applicant or licensee to notify the Board in writing if there has been a change in applicant’s or licensee’s address.
D.
Failure to respond as required by this regulation may be considered by the Board to be a violation of Business Occupations and Professions Article, §4-314(a)(1)(ix), Annotated Code of Maryland.
Chapter 02. Barber Shops
Regulation .01 Shop — General.LinkCopy Citation
A.
Application for a barber shop permit shall be submitted to the Board together with certification of approval with respect to zoning, health, fire prevention, and all other laws, ordinances, and requirements applicable to the establishment.
B.
A person establishing a residential shop shall meet the following requirements in addition to the requirements set forth in §A of this regulation:
(1)
The shop shall be completely separate and distinct from all living quarters;
(2)
The shop shall be in compliance with all applicable laws, regulations, and ordinances;
(3)
The shop shall have a separate outside entrance for use of shop patrons; and
(4)
The shop shall have a restroom facility maintained for exclusive use by shop clients.
C.
A barber shop shall have the following minimum fixtures, facilities, and equipment:
(1)
One barber pole or barber sign;
(2)
One barber chair in good repair;
(3)
One back bar or work station;
(4)
One cabinet or drawer for clean towels;
(5)
One covered container for disposal of soiled towels;
(6)
Proper sterilization equipment.
D.
More than one shop permit may not be issued for any one premises unless a separate and distinct shop entity is established on a different level of the one premises.
E.
Mobile Barbershops.
(1)
All mobile units shall prominently display on the outside of the unit the name of the non-mobile barbershop that serves as the mobile unit's permanent base address.
(2)
All health and safety rules governing barbering shall apply to mobile units unless otherwise specified.
(3)
All storage containers, cabinets, and drawers shall have safety catches.
(4)
All equipment not in storage cabinets or drawers shall be securely anchored.
(5)
A ramp or lift shall be provided for access to the mobile unit if providing services for disabled individuals.
(6)
Services may not be provided while the mobile unit is in motion.
(7)
The owners of mobile units shall be responsible for adherence to all local, State and federal laws and regulations regarding the operation of vehicles to be used as mobile units.
(8)
An itinerary showing dates, locations and times of service shall be made available, upon request, to an authorized representative of the board.
F.
Preopening Inspection.
(1)
Before a shop permit is issued, the premises shall be inspected by a Board member or inspector.
(2)
If the premises are not in compliance with the laws and regulations governing barbering, the Board may refuse to issue the permit.
Regulation .02 Owner Responsibility.LinkCopy Citation
The holder of a barber shop permit is responsible for:
A.
The condition and operation of the shop in compliance with the laws and regulations governing the practice of barbering;
B.
Displaying a sign containing the name and nature of the establishment, in at least 3-inch bold display-type lettering, on the outside of the premises in full view of the street or public walkway unless otherwise directed by the Board;
C.
Displaying, in full view of the public:
(1)
The shop permit;
(2)
A zoning certification or other approval for the practice of barbering on the premises; and
(3)
A condensed version of the laws and regulations regarding the licensing and regulation of individuals authorized to perform services in a barber shop, and owners of a barber shop, as provided by the Board;
D.
Ensuring that all employees of the shop are properly licensed or registered;
E.
Ensuring that an employee does not perform services beyond the scope of the applicable license or registration;
F.
Employing a sufficient number of master barbers who are qualified to supervise the training of apprentices to ensure that each apprentice being trained in the shop is individually supervised and trained.
Regulation .03 Prohibitions.LinkCopy Citation
The following activities are prohibited in any barber shop or in regard to any shop-sponsored services:
A.
The performance of services of any kind on a client who has an infectious or contagious disease that presents a hazard to others;
B.
The performance of services of any kind by a licensee or registrant who has an infectious or contagious disease that presents a hazard to clients;
C.
The performance of services of any kind upon the surface of a client's skin or scalp, where the skin or scalp is inflamed or where a skin infection or eruption is present, unless authorized by a physician;
D.
The removal of corns, calluses, or other growths of the skin, such as warts, by cutting;
E.
The presence of a dog, cat, bird, or any kind of animal on the shop premises with the exception of guide dogs for the blind;
F.
The sale of any hairpieces which previously have been worn including, but not limited to wigs, toupees, wiglets, falls, and switches;
G.
The integration of any other business unless the other business is separated from the barber shop by a permanent partition or wall that goes from floor to ceiling.
Regulation .04 Sanitation Requirements — General.LinkCopy Citation
A.
A barber shop shall comply with the sanitation provisions in §B of this regulation.
B.
Sanitation Provisions.
(1)
Every shop shall be well lighted, heated, and ventilated, and shall be kept in a clean and sanitary condition.
(2)
The walls, curtains, and floor coverings in a shop shall be washed and kept clean.
(3)
All shops shall be supplied with hot and cold running water.
(4)
The premises shall be kept free from rodents, vermin, flies, or similar insects.
(5)
The shop may not be used for sleeping or living quarters.
(6)
All hair, cotton, or other waste material shall be removed from the floor without delay and deposited in a closed container and removed from the premises frequently.
(7)
Rest rooms shall be kept in a sanitary condition and have a soap dispenser and disposable towels.
(8)
All employees of a shop shall be attired in clean, washable garments.
(9)
The hands of a licensee and registrant shall be washed before attending each patron.
(10)
Surgical latex gloves shall be worn if the licensee or registrant has a cut or open wound.
(11)
Instruments used in direct contact with a client shall be washed in hot, soapy water before being immersed in a disinfectant solution as specified in §B(12) of this regulation.
(12)
Instruments shall be disinfected in a wet sanitizer containing an EPA-registered, hospital-grade tuberculocidal disinfectant in a quantity sufficient to cover those portions of the instruments that come in direct contact with a client.
(13)
Each shop shall have:
(a)
At least one wet sanitizer containing a disinfectant solution as specified in §B(12) of this regulation; and
(b)
One closed drawer or cabinet for each work station being used by a licensee or registrant.
(14)
Cleaned and disinfected implements and equipment shall be stored in a closed dry cabinet or drawer which contains no other objects or substances.
(15)
The use of neck dusters, styptic pencil, lump alum, or any other equipment or implement which cannot be sanitized and disinfected may not be used on more than one client.
(16)
Every head rest shall be covered with a new clean towel or disposable paper for each client.
(17)
A shop shall have a closed cabinet in which laundered towels are stored and a separate bin or hamper for the disposal of soiled towels. If the shop does its own laundering, the shop shall have both an automatic washer and dryer on the premises.
(18)
An instrument that caused a skin abrasion or a cut to the skin shall be cleansed and disinfected immediately. If bleeding occurs, a tissue or cotton shall be used to collect the blood. Blood-contaminated materials shall be disposed of immediately in a sealed, double-plastic bag.
(19)
A licensee or registrant whose hands come in contact with blood shall wash and disinfect them immediately.
(20)
A minimum of eight combs and four brushes shall be available for each master barber, barber, and barber apprentice.
(21)
Protective neck strips or similar covering shall be used on each client.
(22)
Shampoo bowls shall be washed after each shampoo and sanitized frequently with a disinfectant to assure cleanliness.
(23)
Soiled combs, brushes, towels, or other used material shall be removed from the tops of work stations immediately after use.
(24)
Objects dropped on the floor may not be used until they are cleansed and disinfected.
(25)
All barber chairs and waiting chairs shall be maintained in good repair and in a sanitary condition.
Regulation .05 Citations to Barbershops.LinkCopy Citation
Unless otherwise indicated, the following civil penalties are applicable to the following violations of the laws and regulations of the Board of Barbers discovered by a Board inspector during an inspection of a barbershop:
A.
Operating a barbershop for which a permit:
(1)
Never has been issued — formal hearing
(2)
Expired — $300
B.
Licensing of Personnel.
(1)
Operating without a valid license — formal hearing
(2)
No photo on license — $100
(3)
Providing services beyond scope of license — $300
(4)
Improper supervision of apprentice — $300
C.
Failure to display:
(1)
Sign — $25
(2)
Permit — $50
(3)
Condensed rules and regulations — $100
(4)
Zoning certificate — $50
D.
Failure to have:
(1)
Barber pole or barber sign — $50
(2)
At least one barber chair in good repair — $100
(3)
At least one back bar or work station — $100
(4)
Separate outside entrance for use of clients — $100
(5)
Restroom facility exclusively for clients — $100
E.
Sanitation.
(1)
Improper Disinfection.
(a)
Failure to wash implements before disinfection — $150
(b)
Failure to properly disinfect implements, bowls, basins, or other areas — $150
(c)
Failure to properly store disinfected implements — $150
(2)
Improper procedures for cut or blood-related incidents — formal hearing
(3)
Other.
(a)
Poor lighting, heating, ventilation — $50
(b)
Unclean walls, curtains, or floor coverings — $50
(c)
Absence of hot or cold running water — $50
(d)
Presence of rodents or insects — $50
(e)
Use of shop for sleeping or living — $100
(f)
Failure to promptly remove hair or debris — $50
(g)
Unsanitary restroom — $50
(h)
No soap dispenser and disposable towels — $50
(i)
Unclean operator's garments — $50
(j)
Failure to wash hands before each client — $50
(k)
No wet sanitizer containing proper disinfectant solution — $50
(l)
No closed drawer or cabinet for disinfected implements at station — $100
(m)
Failure to store disinfected implements in closed cabinet or drawer that contains no other objects or substances — $100
(n)
Use of neck duster, powder puff, sponge, septic pencil, or lump alum on more than one client — $100
(o)
Failure to properly cover head rest for each client — $100
(p)
Improper storage or disposal of towels — $50
(q)
Insufficient number of combs or brushes — $50
(r)
Failure to use protective neck strip or similar covering — $50
(s)
Improperly washed or sanitized shampoo bowl — $50
(t)
Failure to remove soiled items from top of work station after use — $50
(u)
Use of implements dropped on floor without cleaning and disinfecting — $100
(v)
Failure to maintain barber chairs and waiting chairs in a sanitary condition — $50
F.
Prohibited Practices.
(1)
Services on client with infectious or contagious disease — formal hearing
(2)
Operator with infectious or contagious disease performing services — formal hearing
(3)
Services on inflamed skin or scalp without physician authorization — formal hearing
(4)
Removal of corns, calluses, or other growths of skin by cutting — $300
(5)
Presence of animal — $100
(6)
Sale of used hairpieces — $300
(7)
Habitual intoxication or under influence of any drug — formal hearing
G.
Interference With Inspector—Formal Hearing.
Chapter 03. Schools
Regulation .01 Public and Private Barber Schools — General.LinkCopy Citation
The Board's inspectors may conduct inspections of those schools of barbering approved by the State Board of Education or the Maryland Higher Education Commission.
Regulation .02 Prohibitions — Schools.LinkCopy Citation
The following activities are prohibited in a barber school approved by the State Board of Education or the Maryland Higher Education Commission:
A.
The performance of services of any kind on a client who has an infectious or contagious disease that presents a hazard to others;
B.
The performance of services of any kind by a student who has an infectious or contagious disease that presents a hazard to clients;
C.
The performance of services of any kind upon the surface of a client's skin or scalp, where the skin or scalp is inflamed or where a skin infection or eruption is present, unless authorized by a physician;
D.
The removal of corns, calluses, or other growths of the skin, such as warts, by cutting;
E.
The presence of a dog, cat, bird, or any kind of animal on the school premises with the exception of guide dogs for the blind;
F.
The sale of any hairpieces which previously have been worn including, but not limited to wigs, toupees, wiglets, falls, and switches.
Regulation .03 Sanitation Requirements — General.LinkCopy Citation
A.
A barber school approved by the State Board of Education or the Maryland Higher Education Commission shall comply with the sanitation provisions in §B of this regulation.
B.
Sanitation Provisions.
(1)
Every school shall be well lighted, heated, and ventilated, and shall be kept in a clean and sanitary condition.
(2)
The walls, curtains, and floor coverings in a school shall be washed and kept clean.
(3)
All schools shall be supplied with hot and cold running water.
(4)
The premises shall be kept free from rodents, vermin, flies, or similar insects.
(5)
The school may not be used for sleeping or living quarters.
(6)
All hair, cotton, or other waste material shall be removed from the floor without delay and deposited in a closed container and removed from the premises frequently.
(7)
Rest rooms shall be kept in a sanitary condition and have a soap dispenser and disposable towels.
(8)
All students shall be attired in clean, washable garments.
(9)
The hands of a student shall be washed before attending each patron.
(10)
Surgical latex gloves shall be worn if a student has a cut or open wound.
(11)
Instruments used in direct contact with a client shall be washed in hot, soapy water before being immersed in a disinfectant solution for the required period of time as specified in §B(12) of this regulation.
(12)
Instruments shall be disinfected in a wet sanitizer containing an EPA registered, hospital-grade tuberculocidal disinfectant in a quantity sufficient to cover those portions of the instruments that come in direct contact with a client.
(13)
Each school shall have:
(a)
At least one wet sanitizer containing a disinfectant solution as specified in §B(12) of this regulation; and
(b)
One closed drawer or cabinet for each work station being used by a licensee or registrant.
(14)
Cleaned and disinfected implements and equipment shall be stored in a closed dry cabinet or drawer which contains no other objects or substances.
(15)
The use of neck dusters, styptic pencil, lump alum, or any other equipment or implement which cannot be sanitized and disinfected may not be used on more than one client.
(16)
Every head rest shall be covered with a new clean towel or disposable paper for each client.
(17)
A school shall have a closed cabinet in which laundered towels are stored and a separate bin or hamper for the disposal of soiled towels. If the school does its own laundering, the school shall have both an automatic washer and dryer on the premises.
(18)
An instrument that caused a skin abrasion or a cut to the skin shall be cleansed and disinfected immediately. If bleeding occurs, a tissue or cotton shall be used to collect the blood. Blood-contaminated materials shall be disposed of immediately in a sealed, double-plastic bag.
(19)
A student whose hands come in contact with blood shall wash and disinfect them immediately.
(20)
A minimum of eight combs and four brushes shall be available for each student.
(21)
Protective neck strips or similar covering shall be used on each client.
(22)
Shampoo bowls shall be washed after each shampoo and sanitized frequently with a disinfectant to assure cleanliness.
(23)
Soiled combs, brushes, towels, or other used material shall be removed from the tops of work stations immediately after use.
(24)
Objects dropped on the floor may not be used until they are cleansed and disinfected.
(25)
All barber chairs and waiting chairs shall be maintained in good repair and in a sanitary condition.
Regulation .04 Complaints and Violations in Barber Schools.LinkCopy Citation
A.
This regulation applies whenever a complaint is made to the Board by an inspector, member of the Board, or any other person in regard to the sanitary condition of a barber school or the sanitary practice of barbering performed at a barber school.
B.
Upon receipt of a complaint, in compliance with Business Occupations and Professions Article, §4-511, Annotated Code of Maryland, an inspector shall investigate the complaint, and the Board shall determine if the complaint alleges grounds adequate to warrant action by the Board.
C.
If the Board determines that the complaint does not allege grounds adequate to warrant action by the Board, the Board shall dismiss the complaint.
D.
If the Board determines that the complaint does allege grounds adequate to warrant action by the Board, the Board shall notify the owner of the school, or an authorized representative of the school, in writing and provide the owner of the school with an opportunity to correct the violation.
E.
If the owner corrects each alleged violation within 10 days of the written notification, the Board shall dismiss the complaint and notify the owner.
F.
If the owner fails to correct each alleged violation within 10 days of the written notification, the Board shall institute and conduct a hearing as provided in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
G.
If the Board conducts a hearing and concludes that the owner has violated one or more sanitation regulations, the Board may impose a fine not to exceed $300 for each violation.
H.
The Board shall report the sanitation violation and the amount of fine imposed to the Maryland State Board of Education in regard to a public school or to the Maryland Higher Education Commission in regard to a private career school.
Regulation .05 Citations to Schools.LinkCopy Citation
Unless otherwise indicated, the following civil penalties are applicable to the following violations of the laws and regulations of the Board of Barbers discovered by a Board inspector during an inspection of a school:
A.
Sanitation.
(1)
Improper Disinfection.
(a)
Failure to wash implements before disinfection — $150
(b)
Failure to properly disinfect implements, bowls, basins, or other areas — $150
(c)
Failure to properly store disinfected implements — $150
(2)
Improper procedures for cut or blood-related incidents — formal hearing
(3)
Other.
(a)
Poor lighting, heating, ventilation — $50
(b)
Unclean walls, curtains, or floor coverings — $50
(c)
Absence of hot or cold running water — $50
(d)
Presence of rodents or insects — $50
(e)
Use of school for sleeping or living — $100
(f)
Failure to promptly remove hair or debris — $50
(g)
Unsanitary restroom — $50
(h)
No soap dispenser and disposable towels — $50
(i)
Unclean operator's garments — $50
(j)
Failure to wash hands before each client — $50
(k)
No wet sanitizer containing proper disinfectant solution — $50
(l)
No closed drawer or cabinet for disinfected implements at station — $100
(m)
Failure to store disinfected implements in closed cabinet or drawer that contains no other objects or substances — $100
(n)
Use of neck duster, powder puff, sponge, septic pencil, or lump alum on more than one client — $100
(o)
Failure to properly cover head rest for each client — $100
(p)
Improper storage or disposal of towels — $50
(q)
Insufficient number of combs or brushes — $50
(r)
Failure to use protective neck strip — $50
(s)
Improperly washed or sanitized shampoo bowl — $50
(t)
Failure to remove soiled items from top of work station after use — $50
(u)
Use of implements dropped on floor without cleaning and disinfecting — $100
(v)
Failure to maintain barber chairs and waiting chairs in a sanitary condition — $50
B.
Prohibited Practices.
(1)
Services on client with infectious or contagious disease — formal hearing
(2)
Operator with infectious or contagious disease performing services — formal hearing
(3)
Services on inflamed skin or scalp without physician authorization — formal hearing
(4)
Removal of corns, calluses, or other growths of skin by cutting — $300
(5)
Presence of animal — $100
(6)
Sale of used hairpieces — $300
(7)
Habitual intoxication or under influence of any drug — formal hearing
C.
Interference With Inspector—Formal Hearing.