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 annotations
Authority: : Business Occupations and Professions Article, Titles 4 and 5; Business Regulations Article, §§2-106.13 and 2-106.14; Annotated Code of Maryland; Ch. 256, Acts of 2017
History: Effective date: April 9, 1973
History: Regulations .02C, D, .03B—D, .05B, C, .06H, .08, .09D, E, and .11D amended effective June 6, 1983 (10:11 Md. R. 974)
History: Regulation .02E repealed effective June 6, 1983 (10:11 Md. R. 974)
History: Regulation .02 repealed effective December 14, 1987 (14:25 Md. R. 2659)
History: Regulation .03D amended effective April 6, 1987 (14:7 Md. R. 830)
History: Regulations .04 and .11E, M—N repealed effective August 2, 1982 (9:15 Md. R. 1513)
History: Regulation .04 adopted effective January 25, 1988 (15:2 Md. R. 120)
History: Regulation .05B amended effective April 6, 1987 (14:7 Md. R. 830)
History: Regulation .05D adopted effective June 6, 1983 (10:11 Md. R. 974)
History: Regulation .05E adopted effective April 6, 1987 (14:7 Md. R. 830)
History: Regulation .06M adopted effective April 6, 1987 (14:7 Md. R. 830)
History: Regulation .06 amended effective December 14, 1987 (14:25 Md. R. 2659)
History: Regulation .06G amended effective January 25, 1988 (15:2 Md. R. 120)
History: Regulation .06M amended effective January 25, 1988 (15:2 Md. R. 120)
History: Regulation .06N adopted effective January 25, 1988 (15:2 Md. R. 120)
History: Regulation .08B amended effective February 9, 1987 (14:3 Md. R. 272)
History: Regulation .09E amended effective April 6, 1987 (14:7 Md. R. 830)
History: Regulation .09F amended effective August 2, 1982 (9:15 Md. R. 1513); April 6, 1987 (14:7 Md. R. 830)
History: Regulation .09 amended effective December 14, 1987 (14:25 Md. R. 2659)
History: Regulation .10 amended effective November 2, 1987 (14:22 Md. R. 2339)
History: Regulation .11B amended effective April 6, 1987 (14:7 Md. R. 830)
History: Regulation .11D, I—K, P amended effective August 2, 1982 (9:15 Md. R. 1513)
History: Regulation .11L amended effective February 9, 1987 (14:3 Md. R. 272); April 6, 1987 (14:7 Md. R. 830); January 25, 1988 (15:2 Md. R. 121)
History: Regulation .11M adopted effective May 19, 1986 (13:10 Md. R. 1155)
History: Regulation .11N adopted effective April 6, 1987 (14:7 Md. R. 830)
History: Regulation .11Q, R adopted effective September 3, 1975 (2:20 Md. R. 1300)
History: Regulation .11R amended effective February 22, 1988 (15:4 Md. R. 472)
History: Regulation .11S adopted effective March 23, 1987 (14:6 Md. R. 713)
History: Regulation .12 adopted effective August 2, 1982 (9:15 Md. R. 1513)
History: Regulation .12A, B amended effective August 25, 1986 (13:17 Md. R. 1922)
History: Regulation .13 adopted effective June 6, 1983 (10:11 Md. R. 974)
History: Regulation .13C, D, and E adopted effective April 6, 1987 (14:7 Md. R. 830)
History: Regulation .14 adopted effective July 27, 1987 (14:15 Md. R. 1660)
History: Regulation .15 adopted as an emergency provision effective July 1, 1991 (18:18 Md. R. 2001); emergency status expired January 1, 1992
History: Regulation .15 adopted as an emergency provision effective February 14, 1992 (19:5 Md. R. 573); emergency status extended at 19:11 Md. R. 1011; emergency status expired July 1, 1992
History: Regulation .16 adopted as an emergency provision effective July 1, 1991 (18:18 Md. R. 2001); emergency status extended at 19:2 Md. R. 150 and 19:11 Md. R. 1011; emergency status expired July 1, 1992
History: Regulation .17 adopted as an emergency provision effective July 1, 1991 (18:18 Md. R. 2001); emergency status expired January 1, 1992
History: Regulation .17 adopted as an emergency provision effective February 14, 1992 (19:5 Md. R. 573); emergency status extended at 19:11 Md. R. 1011; emergency status expired July 1, 1992
History: Regulations .01—.14 repealed and new Regulations .01—.10 adopted effective August 3, 1992 (19:15 Md. R. 1389)
History: Regulation .01 amended effective May 29, 2000 (27:10 Md. R. 966)
History: Regulation .03 amended effective May 29, 2000 (27:10 Md. R. 966)
History: Regulation .04 amended effective November 6, 2017 (44:22 Md. R. 633)
History: Regulation .05 amended effective February 6, 2012 (39:2 Md. R. 141); November 6, 2017 (44:22 Md. R. 633)
History: Regulation .05C adopted effective May 31, 1999 (26:11 Md. R. 854)
History: Regulation .05C amended effective April 29, 2002 (29:8 Md. R. 698)
History: Regulation .06 amended effective April 10, 2017 (44:7 Md. R. 354)
History: Regulation .06A amended effective February 6, 2012 (39:2 Md. R. 141)
History: Regulation .06D adopted effective October 7, 1996 (23:20 Md. R. 1422)
History: Regulation .07E amended as an emergency provision effective July 23, 1993 (20:15 Md. R. 1218); amended permanently effective November 22, 1993 (20:23 Md. R. 1804)
History: Regulation .07E, H amended effective May 29, 2000 (27:10 Md. R. 966)
History: Regulation .07J adopted effective April 10, 2017 (44:7 Md. R. 354)
History: Regulation .08A amended as an emergency provision effective April 25, 1996, (23:10 Md. R. 728); emergency status expired July 15, 1996
History: Regulation .08A, B amended effective May 29, 2000 (27:10 Md. R. 966)
History: Regulation .08A amended as an emergency provision effective March 1, 2003 (30:13 Md. R. 851); emergency status extended at 30:25 Md. R. 1843); emergency status expired January 1, 2004; amended permanently effective January 5, 2004 (30:26 Md. R. 1913)
History: Regulation .08A amended as an emergency provision effective September 10, 2009 (36:21 Md. R. 1587); amended permanently effective March 8, 2010 (37:5 Md. R. 428)
History: Regulation .08A amended as an emergency provision effective December 18, 2014 (42:1 Md. R. 12); emergency status expired May 30, 2015
History: Regulation .08A, B amended effective April 10, 2017 (44:7 Md. R. 354)
History: Regulation .08 repealed and new Regulation .08 adopted effective October 8, 2018 (45:20 Md. R. 918)
History: Regulation .08E amended effective May 27, 2024 (51:10 Md. R. 524)
History: Regulation .10 amended effective April 10, 2017 (44:7 Md. R. 354)
History: Regulation .11 adopted effective November 5, 2007 (34:22 Md. R. 1976)
History: Regulation .12 adopted effective December 31, 2018 (45:26 Md. R. 1241)