Title 36 — PROFESSIONS AND OCCUPATIONS

Any one or any combination of the following practices when done for compensation, or without payment for the public generally, upon the upper part of the human body for cosmetic purposes, and not for the treatment of physical or mental ailments, shall constitute the practice of b…

36-14-11 Certificate of registration required. 36-14-12 Persons exempt from requirements of chapter. 36-14-13 Registration and licensing of barbers--Qualification. 36-14-13.1 36-14-13.1 , 36-14-13.2. Repealed by SL 2017, ch 175 , §§ 4, 5. 36-14-14 Qualifications for transfer of l…

No person may practice barbering without having a certificate of registration issued by the Board of Barber Examiners. Source: SDC 1939, § 27.1607; SL 1961, ch 132 ; SL 2017, ch 175 , § 2.

The provisions of this chapter shall not apply to the following persons, while in the proper discharge of their professional duties: (1) Persons authorized by the law of this state to practice medicine and surgery; (2) Employees in state penal and charitable institutions; (3) Reg…

Any person who meets the following requirements is entitled to a license or certificate of registration as a registered barber: (1) Is at least eighteen years old; (2) Submits an application in compliance with § 36-14-18 ; (3) Completes fifteen hundred hours of education or equiv…

Any person who is at least eighteen years of age may transfer a barber license or registration to this state if the applicant has: (1) A license or certificate of registration as a barber from another state or country that has substantially the same requirements for licensing or …

No school of barbering shall be approved by the Board of Barber Examiners unless it requires as a prerequisite to graduation a course of instruction of not less than nine months with a minimum of fifteen hundred hours, such course of instruction to include the following subjects:…

Each applicant for an examination or initial registration as a barber pursuant to § 36-14-14 shall make application to the Board of Barber Examiners on forms prepared and furnished by the board, setting forth, under oath, the particular qualifications of the applicant. An applica…

The Board of Barber Examiners shall conduct examinations not less than two times each year at such time and place as the board may determine. The examinations shall include both a practical demonstration and a written test, which shall embrace the subjects taught in schools of ba…

The Governor shall appoint a Board of Barber Examiners which shall include three professional members. The term of each is three years commencing on the thirty-first day of October. The appointee's term expires on October thirtieth in the third year of appointment. Any member's t…

The membership of the Board of Barber Examiners shall include one lay member who is a user of the services regulated by the board. The term, lay member who is a user, refers to a person who is not licensed by the board but, where practical, uses the service licensed. The term sha…

Every holder of a certificate of registration shall display it in a conspicuous place adjacent to or near his work chair. Source: SDC 1939, § 27.1614. 36-14-21. Repealed by SL 2017, ch 175 , § 9.

36-14-22 Registered barber--Certificate renewal--Expiration. 36-14-23

Each registered barber who continues in active practice shall annually, on or before May thirty-first, renew the barber's certificate of registration and pay the required fee. Each certificate of registration, unless renewed, expires on June first. Source: SDC 1939, § 27.1615; SL…

36-14-24 Fees generally--Promulgation of rules. 36-14-25 Restoration of lapsed certificate. 36-14-26 Record of proceedings relative to certificates--Contents--Public inspection. 36-14-27 Barbershop license--Supervision by registered barber--Penalty--Application--Fee--Promulgation…

The Board of Barber Examiners shall promulgate rules, in accordance with chapter 1-26 , to set the following fees, which may not exceed the amounts specified: (1) An examination to determine an applicant's fitness to receive a certificate of registration to practice barbering and…

A registered barber who does not continue in active practice or service may have the barber's certificate of registration restored at any time within three years, by paying the required restoration fee. Source: SDC 1939, § 27.1615; SL 1964, ch 88 , § 4; SL 2017, ch 175 , § 12.

The Board of Barber Examiners shall keep a record of its proceedings relative to the issuance, refusal, renewal, suspension, and revocation of certificates of registration, which record shall contain the name, place of business, and the residence of each registered barber and the…

It is a petty offense for any person to operate a barbershop unless the barbershop is licensed by the Board of Barber Examiners and is at all times under the direct supervision and management of a registered barber. Application for a license to operate a barbershop must be made, …

No shop license may be issued to any person for any new shop wanting to commence operation, or for any shop changing hands, or changing location, until the shop has passed an inspection of the premises and equipment. The inspection shall be made by the Board of Barber Examiners p…

The license required by § 36-14-27 must be conspicuously displayed in the barbershop. A license is not transferable from person to person, location to location, or to a new operator at the same location. The license expires on May thirty-first each year. Source: SDC 1939, § 27.16…

A majority of the Board of Barber Examiners, in meeting duly assembled, may perform and exercise all the duties and powers devolving upon the board. Source: SDC 1939, § 27.1605; SL 1964, ch 88 , § 1; SL 1968, ch 117 , § 1.

After the inspection provided for in § 36-14-28 , a barbershop must be inspected annually by the Board of Barber Examiners. The board may charge a fee for an annual inspection. If the barbershop does not pass the annual inspection and the inspector must go back to the barbershop …

The operator of a mobile barbershop shall pay a license fee required by § 36-14-27 annually for each mobile shop operated. Such mobile barbershop after original inspection pursuant to § 36-14-28 shall be inspected annually by the State Board of Barber Examiners. No mobile barbers…

The Board of Barber Examiners may refuse to issue or renew, or may suspend or revoke, any certificate of registration for any of the following causes: (1) Conviction of a felony; (2) Malpractice or incompetency; (3) Continued practice by a person knowingly having an infectious or…

The Board of Barber Examiners shall not suspend or revoke, nor refuse to issue, or renew, any certificate of registration, except in compliance with chapter 1-26 . Source: SDC 1939, § 27.1617; revised pursuant to SL 1972, ch 15 , § 4. 36-14-34. Omitted.

36-14-35 Appeal from Board of Examiners. 36-14-36 Acts declared petty offenses. 36-14-37 Violation of chapter as petty offense. 36-14-37.1 Injunction for enforcement of chapter--Election of remedies. 36-14-38 36-14-38 to 36-14-51. Repealed by SL 1977, ch 190 , § 179A.

An appeal from the decision of the Board of Barber Examiners may be taken as provided by chapter 1-26 . Source: SDC 1939, § 27.1617; revised pursuant to SL 1972, ch 15 , § 4.

The commission of any of the following acts is a petty offense: (1) The practice of barbering without a certificate of registration; (2) Permitting any person in one's employ, supervision, or control to practice as a barber, unless that person has a certificate of registration; (…

Any violation of the provisions of this chapter is a petty offense. Source: SDC 1939, § 27.9931; SL 1977, ch 190 , § 179.

The Board of Barber Examiners may commence actions for injunction for violation of this chapter or rules promulgated hereunder as an alternate to criminal proceedings. The commencement of one proceeding by the board constitutes an election. Source: New section created to carry ou…

The Board of Barber Examiners shall elect a president and a secretary - treasurer. It shall adopt and use a common seal. The secretary - treasurer shall keep a record of all proceedings of the board and shall report to the president, all moneys collected, at least once a month. T…

The Board of Barber Examiners shall continue within the Department of Labor and Regulation, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required b…

The Board of Barber Examiners may employ inspectors, clerks, and other assistants, as the board deems necessary to carry out the provisions of this chapter. Source: SDC 1939, § 27.1605; SL 1964, ch 88 , § 1; SL 1968, ch 117 , § 1; revised pursuant to SL 1973, ch 23 ; SL 2015, ch …

Any member of the Board of Barber Examiners, or its agents or assistants, shall have authority to enter upon and to inspect any barbershop or barber school at any time during business hours. Source: SDC 1939, § 27.1606.

All money coming into the custody of the Board of Barber Examiners each calendar month shall be paid by the board to the state treasurer on or before the tenth day of next month. The state treasurer shall credit the money to the Board of Barber Examiners' account in the general f…

Notwithstanding any other provision of this chapter, the board shall allow an approved school of barbering to apply credit earned by a student for general coursework in areas not limited to the practice of barbering that is completed in other programs or institutions to the cours…

36-14-9 Promulgation of rules. 36-14-10

The Board of Barber Examiners may promulgate reasonable rules, pursuant to chapter 1-26 , for the administration of the provisions of this chapter and to prescribe sanitary requirements for barbershops and barber schools. Source: SDC 1939, § 27.1606; SL 1972, ch 15 , § 4; SL 1986…