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South Carolina Statutes, Title 40

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Title 40, Professions and Occupations

62 chapters · 1,957 sections in this title.

All chapters in Title 401,957 Ch 47, Title 40, Chapter 47154 Ch 15, Title 40, Chapter 1560 Ch 75, Title 40, Chapter 7560 Ch 60, Title 40, Chapter 6059 Ch 81, Title 40, Chapter 8156 Ch 59, Title 40, Chapter 5955 Ch 33, Title 40, Chapter 3351 Ch 11, Title 40, Chapter 1150 Ch 63, Title 40, Chapter 6347 Ch 45, Title 40, Chapter 4546 Ch 67, Title 40, Chapter 6746 Ch 36, Title 40, Chapter 3645 Ch 7, Title 40, Chapter 743 Ch 57, Title 40, Chapter 5743

43 sections·Filtered byTitle 40✕Ch 7✕

S.C. Code Ann. § 40-7-10 Establishment of State Board of Barber Examiners; membership
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The State Board of Barber Examiners is established and consists of five members appointed by the Governor with the advice and consent of the Senate for terms of four years and until successors are appointed and qualify. Four members must be licensed barbers who have been engaged …
S.C. Code Ann. § 40-7-100 Issuance of cease and desist order, or petition for temporary restraining order or other equitable relief
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In addition to other remedies provided for in this chapter or Article 1, Chapter 1, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a…
S.C. Code Ann. § 40-7-110 Disciplinary action
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The board may take disciplinary action against a barber permittee or licensee as provided for in Section 40-1-110 and based upon grounds enumerated in that section.
S.C. Code Ann. § 40-7-115 Jurisdiction of board
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The board has jurisdiction over the actions of licensees and permittees and former licensees and permittees as provided for in Section 40-1-115.

S.C. Code Ann. § 40-7-120 Additional disciplinary action

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In addition to the sanctions the board may impose against a person pursuant to Section 40-1-110, the board also may take disciplinary action against a person as provided for in Section 40-1-120.

S.C. Code Ann. § 40-7-130 Denial of permit or licensure on same grounds as potential disciplinary action

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As provided for in Section 40-1-130, the board may deny a permit or licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee or permittee.

S.C. Code Ann. § 40-7-140 Denial of permit or licensure based on prior criminal record

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A permit or license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.

S.C. Code Ann. § 40-7-150 Voluntary surrender of license

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A licensee or permittee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license or permit in accordance with Section 40-1-150.

S.C. Code Ann. § 40-7-160 Appeal

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A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.

S.C. Code Ann. § 40-7-170 Investigation and prosecution costs

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A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.

S.C. Code Ann. § 40-7-180 Costs and fines subject to collection and enforcement provisions of Section 40-1-180

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All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.

S.C. Code Ann. § 40-7-190 Confidentiality of investigations and proceedings

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Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided for in Section 40-1-190.

S.C. Code Ann. § 40-7-20 Definitions

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As used in this chapter: (1) "Practice of barbering" means any one or a combination of: (a) shaving or trimming a beard, cutting the hair, or hairstyling; (b) giving facial or scalp massages or treatments with oils, creams, lotions, or other preparations, either by hand or mechan…

S.C. Code Ann. § 40-7-200 Practicing barbering in violation of chapter; knowing submission of false information for purpose of obtaining license; penalties

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A person who practices or offers to practice barbering in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined …

S.C. Code Ann. § 40-7-210 Petition for injunctive relief

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The department, on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.

S.C. Code Ann. § 40-7-230 Barber assistant; requirements for licensure; certificate of registration for registered barber apprentice, registered barber, or master haircare specialist

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(A) The board shall issue a license to practice as a barber assistant to a person who: (1) is at least sixteen years of age; (2) has passed a physical examination prescribed by the Department of Health and Environmental Control; (3) has been issued a student permit and completed …

S.C. Code Ann. § 40-7-240 Applications for examination; frequency of examinations

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(A) An applicant for an examination shall apply to the board on forms approved and furnished by the board, and the application shall contain proof under the applicant's oath of the particular qualifications of the applicant. The applicant shall submit the required fee with the ap…

S.C. Code Ann. § 40-7-250 Renewal of master haircare specialist license; reinstatement of certificate of registration for registered barbers and registered apprentices

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(A) A person who is licensed as a master haircare specialist on May 13, 1986, may have this license renewed annually upon payment of the required license fee. (B) A registered barber or a registered apprentice whose certificate of registration has expired may have the certificate…

S.C. Code Ann. § 40-7-255 Hair braiding practitioner registration; training; term and renewal of registration

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(A) Only those individuals who are licensed to practice barbering or cosmetology or who are registered to practice hair braiding in this State may engage in the practice of hair braiding or perform hair braiding services in this State. (B) All implements used in connection with h…

S.C. Code Ann. § 40-7-260 Only licensed master haircare specialist may use chemicals to wave, relax, straighten, or bleach hair

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No person may use chemicals to wave, relax, straighten, or bleach the hair in a barber shop unless a license as a master haircare specialist has been issued to the person by the board.

S.C. Code Ann. § 40-7-270 Temporary master haircare specialist license without examination; requirements

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A registered barber who has used chemicals to wave, relax, straighten, or bleach the hair before July 1, 1985, may receive a temporary master haircare specialist license without the examination required in Section 40-7-230(D)(2) by notifying the board and certifying sixty hours o…

S.C. Code Ann. § 40-7-280 Restrictions on giving shampoos and manicures

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No person may give shampoos or manicures in a barber shop unless a license as a barber assistant has been issued to him by the Board of Barber Examiners.

S.C. Code Ann. § 40-7-285 Practice by cosmetologist, esthetician, or manicurist in barbershop

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Notwithstanding the provisions of Section 40-7-280 or any other provision of law, a person licensed as a cosmetologist, esthetician, or manicurist pursuant to Chapter 13 of this title may practice, within the scope authorized by the person's license, in a barbershop registered in…

S.C. Code Ann. § 40-7-290 Requirements for barbers who train students

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(A) A barber training a student in a shop must have had three years' experience as a registered barber and must have been examined by the board and determined to be qualified to train a student barber. A barber found qualified after examination must be issued an instructor's lice…

S.C. Code Ann. § 40-7-30 Licensure requirement

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No person may engage in the practice of barbering unless the person is licensed in accordance with this chapter.

S.C. Code Ann. § 40-7-300 Practicing barbers from other states; requirements for receiving certificate of registration to practice in state

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A person who has practiced barbering in another state or country which has licensing requirements which meet or exceed the requirements of this chapter, as determined by the board, and who moves into this State, before practicing barbering in South Carolina shall submit to the bo…

S.C. Code Ann. § 40-7-310 Display of certificate of registration

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A holder of a certificate of registration for any category of barbering authorized by this chapter shall display in a conspicuous place adjacent to or near the person's work chair.

S.C. Code Ann. § 40-7-320 Barbershops to be registered; posting of copy of inspection rating and regulations

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(A) A barbershop must be registered with the board. Applications for registration and inspection of new shops must be made at least fifteen working days before opening the shop. No new shop may be operated until all fees are paid and the shop has passed inspection. (B) A copy of …

S.C. Code Ann. § 40-7-330 Inspection of barbershop or barber schools

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A member of the board or the board's agents, assistants, and inspectors may enter upon and inspect a barbershop or barber school at any time during business hours in the performance of the duties conferred or imposed by this chapter.

S.C. Code Ann. § 40-7-340 Special certificates for inmates in custody of State Department of Corrections

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(A) Notwithstanding any other provision of this chapter, the board may issue special certificates of registration as an apprentice barber to an inmate in the custody of the State Department of Corrections who: (1) complies with Section 40-7-230(B), having completed the required n…

S.C. Code Ann. § 40-7-350 License required for barber colleges and instructors

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(A) A license is required from the board to operate a barber school. A barber school may be operated in and as part of an accredited high school, career center, or technical school or college and must be licensed by the board. A barber school that is not part of a secondary schoo…

S.C. Code Ann. § 40-7-355 Mobile barbershops authorized; regulations

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(A) As used in this section: (1) "Mobile barbershop" means a self-contained unit in which the practice of barbering is conducted, which may be moved, towed, or transported from one location to another. A "mobile barbershop" includes a portable barber operation. (2) "Portable barb…

S.C. Code Ann. § 40-7-360 Chapter not applicable to services for immediate family

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This chapter does not apply to a person who performs the service of a barber for members of the person's immediate family.

S.C. Code Ann. § 40-7-370 Operation of barbershop by registered apprentice prohibited

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No registered apprentice, registered under the provisions of this chapter, may operate a barbershop in this State.

S.C. Code Ann. § 40-7-380 Board members prohibited from ownership interest in barber colleges or companies servicing barbershops

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It is unlawful for a member, inspector, or employee of the board to own an interest in a barber college or a company which deals in sales or services to barbershops.

S.C. Code Ann. § 40-7-390 Persons exempt from chapter

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These persons are exempt from this chapter while engaged in the proper discharge of their professional duties: (1) persons authorized under the laws of this State to practice medicine and surgery; (2) commissioned medical or surgical officers of the United States Army, Navy, or M…

S.C. Code Ann. § 40-7-400 Severability

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If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end th…

S.C. Code Ann. § 40-7-5 Conflicts between this chapter and Article 1, Chapter 1

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Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to barbers; however, if there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.

S.C. Code Ann. § 40-7-50 Department of Labor, Licensing and Regulation to provide all administrative and fiscal operations and activities of board; board to establish fees by regulations

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(A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50. (B) The board shall establish in regu…

S.C. Code Ann. § 40-7-60 Adoption of rules; seal; regulations

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The board may adopt rules governing its proceedings as provided for in Section 40-1-60 and shall adopt a seal for the authentication of its orders and records. The board may promulgate regulations necessary to carry out the provisions of this chapter including, but not limited to…

S.C. Code Ann. § 40-7-70 Additional powers and duties

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In addition to the powers and duties provided for in this chapter, the board has those powers and duties set forth in Section 40-1-70.

S.C. Code Ann. § 40-7-80 Investigation of complaints and violations of chapter

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The Department of Labor, Licensing and Regulation on behalf of the board shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.

S.C. Code Ann. § 40-7-90 Results of investigation to be presented to board; hearing

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The results of an investigation must be presented to the board and any subsequent hearing must be conducted in accordance with Section 40-1-90.