Esta ley enmienda la Ley Núm. 146 de 27 de junio de 1968, conocida como la "Ley de la Junta Examinadora de Barberos y Estilistas". Modifica los requisitos para ser miembro de la Junta, añade la facultad de la Junta para autorizar un sistema de inspectores a través del Colegio de Barberos y Estilistas, ajusta los requisitos para obtener y renovar licencias de barbero y estilista, y aumenta las penalidades por violaciones a la ley.
(Approved September 12, 2003)
To amend Section 2, add a new subsection
(f) to Section 4, amend subsection
(d) and to add a new subsection
(e) to clause
(a) of Section 6 , to amend subsection
(c) of Section 7, to add subsections
(a) ,
(b) and
(c) to Section 9, to add subsections
(f) and
(g) to Section 10, to amend Section 12 and to repeal Section 15 of Act No. 146 of June 27, 1968, as amended, known as the "Barbers and Hair Stylist's Examination Board Act", for the purpose of improving the conditions of this professional class and to facilitate the means for them to offer a better service to the public in general; to clarify the requirements of the Examination Board members; to increase the penalties in case of violations of this Act; and for other purposes.
This Legislature has the commitment to improve the conditions of barbers and stylists and to facilitate the means for them to render a better service to the public in general.
It is estimated that of those persons holding a license issued by the Puerto Rico Barbers and Hair Stylist's Examination Board, more than three thousand $(3,000)$ have expired or are inactive because the holders have died or no longer practice the profession in Puerto Rico.
This Act intends to improve the legislation that regulate this profession, clarify the requirements for the members of the Board, recognize by law the powers of the Examination Board to authorize the inspectors system of the Puerto Rico Barbers and Hair Stylist's Examination Board, increase the
penalties for violations of the law, and consolidate the definition of barber and stylist in a single definition.
Section 1.- Section 2 of Act No. 146 of June 27, 1968, is hereby amended to read as follows: "Section 2.- Requirements of members of the Board The Members of the Board shall be citizens of the United States of America and residents of Puerto Rico at the time of their appointment and shall be persons of recognized capacity. They shall be duly licensed to practice the profession of barber or hair stylist in Puerto Rico and an active member of the College of Barbers and Hair Stylists. Furthermore, they shall have actively practiced their profession as barber or hair stylist during a period of not less than five years.
Members of the Governing Board of the Puerto Rico College of Barbers and Hair Stylists, its employees, inspectors, or members of its permanent or temporary commissions shall not be members of the Examination Board. The owners, stockholder, or members of the Board of Directors of private schools where barbers and hair stylists courses are offered cannot be members of the Examination Board either."
Section 2.- A new subsection
(f) is added to Section 4 of Act No. 146 of June 27, 1968, as amended, to read as follows:
Section 4.- Powers
(a) ...
(b) ...
(c) ...
(d) ...
(e) ...
(f) The Board may authorize the College of Expert Barbers and Hair Stylists of Puerto Rico, pursuant the norms and rules that the Board specifies through regulations, to implement the organization of an inspectors system to oversee compliance of the provisions of this Act."
Section 3.- Subsection
(d) is hereby amended and a new subsection
(e) is added to subsection
(a) of Section 6 of Act No. 146 of June 27, 1968, as amended, to read as follows: "Section 6.- Requirements (1) Any person who aspires to obtain a barber's license must meet the following requirements:
(a) ...
(b) ...
(c) $\ldots$
(d) Shall pay a fee for the examination and issue of the license as provided by the State Department, through law and its regulations.
(e) Shall present to the Board, a medical certificate attesting that the applicant enjoys good health after the exam is approved."
Section 4.- Subsection
(c) of Section 7 of Act No. 146 of June 27, 1968, as amended, is hereby amended to read as follows: "Section 7.- Barber's apprentice; requirements Any person who aspires to obtain a barber's license must meet the following requirements:
(a) ...
(b) ...
(c) Pay the fee for the issuance of the license as provided by the Department of State, by law and its regulations.
Section 4.- Subsections
(a) ,
(b) and
(c) are hereby added to Section 9 of Act No. 146 of June 27, 1968, as amended, to read as follows: "Section 9.- Renewal Every license for barber or hair stylist granted by virtue of Section 1 through 16 of this Act shall be renewable every three (3) years, provided that the following requirements are met:
(a) A medical certificate attesting that the applicant enjoys good health is presented.
(b) Payment of the fee for license renewal as provided by the Department of State, by law and its regulations. The Department of State shall be responsible for all that is related to the preparation and remitting of the new licenses and the renewal thereof.
(c) A certificate from the College of Barbers and Hair Stylists stating that the license holder is an active member of the College is presented.
Section 5.- Subsections
(f) and
(g) are hereby added to Section 10 of Act No. 146 of June 27, 1968, as amended, to read as follows: "Section 10.- Refusal, revocation and suspension; judicial revision. The Board may suspend, revoke or refuse to issue or renew, as the case may be, any of those licenses required in Sections 1 through 16 of this Act, for any of the following reasons:
(a) ...
(b) ...
(c) ...
(d) ...
(e) ...
(f) Failure to renew the license within three years after its expiration, unless the fees and penalties established by the Department of State pursuant to Act No. 41 of August 5, 1991, and the regulations approved pursuant to said Act are paid.
(g) Practicing the trade without being duly admitted to the college."
Section 6.- Section 12 of Act No. 146 of June 27 1968, as amended, is hereby amended to read as follows: "Section 12.- Penalties Any violation of the provisions of Sections 1 thorough 16 of this Act, or of the rules and regulations promulgated hereunder shall constitute a misdemeanor and shall be punishable by a fine of not more than five hundred (500) dollars nor less than fifty (50) dollars or imprisonment for a maximum term of three (3) months, or by both penalties, at the discretion of the court."
Section 7.- Section 15 of Act No. 146 of June 27, 1968, as amended, is hereby repealed.
Section 8.- Effectiveness. This Act shall take effect ninety (90) days after its approval.
I hereby certify to the Secretary of State that the following Act No. 274 (H.B. 784) of the $6^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 2, add a new subsection
(f) to Section 4, amend subsection
(d) and to add a new subsection
(e) to subsection
(a) of Section 6, to amend subsection
(c) of Section 7, to add subsections
(a) ,
(b) and
(c) to Section 9, to add subsections
(f) and
(g) to Section 10, to amend Section 12 and to repeal Section 15 of Act No. 146 of June 27, 1968, as amended, known as the "Barbers and Hair Stylist's Examination Board Act," etc., has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $27^{ ext {th }}$ of October of 2004.
Elba Rosa Rodríguez-Fuentes Director