329.015. Board of cosmetology and barber examiners created, duties and responsibilities--appointment of members, terms, qualifications.
Board of cosmetology and barber examiners created, duties andresponsibilities--appointment of members, terms, qualifications.
329.015. 1. There is hereby created and established a "Board ofCosmetology and Barber Examiners" for the purpose of licensing all personsengaged in the practice of cosmetology, manicuring, esthetics, andbarbering, including but not limited to shaving or trimming the beard orcutting the hair; and to fulfill all other duties and responsibilitiesdelegated by chapter 328, RSMo, as it pertains to barbers and this chapteras it pertains to cosmetologists. The duties and responsibilities of theboard of cosmetology and barber examiners as such duties andresponsibilities pertain to barbers and cosmetologists shall not take fullforce and effect until such time as the governor appoints the members ofthe board of cosmetology and barber examiners and the appointments areconfirmed by the senate. At such time, the powers and duties of the boardof barber examiners and the state board of cosmetology shall be merged intothe board under section 329.023.
2. The governor shall appoint members to the board by and with theadvice and consent of the senate. The board shall consist of elevenmembers each of whom are United States citizens and who have been residentsof this state for at least one year immediately preceding theirappointment. Of these eleven members, three shall be licensedcosmetologists holding a Class CA license classification, one shall be anaccredited cosmetology school owner as defined in section 329.010, oneshall be the owner of a school licensed under subsection 1 of section329.040, one shall be a cosmetologist with a license of any type ofcosmetology classification, three shall be licensed barbers, and two shallbe voting public members. All members, except the public members and theaccredited cosmetology school owner member, shall be cosmetologists andbarbers duly registered as such and licensed under the laws of this stateand shall have been actively engaged in the lawful practice of theirprofession for a period of at least five years immediately preceding theirappointment. All members of the board, including public members and theaccredited cosmetology school owner member, shall be chosen from listssubmitted by the director of the division of professional registration.
3. Upon the appointment of the initial board members, at least twocosmetologist members and two barber members shall be appointed by thegovernor to serve a term of four years; two cosmetologist members, onebarber member and a public member shall be appointed to serve a term ofthree years, and the remaining members of the initial board shall beappointed for a term of two years. Thereafter, all members shall beappointed by the governor by and with the advice and consent of the senateto serve four-year terms. The governor shall appoint members to fill anyvacancies, whether it occurs by the expiration of a term or otherwise;provided, however, that any board member shall serve until his or hersuccessor is appointed and duly qualified. No person shall be eligible forreappointment that has served as a member of the board for a total oftwelve years.
4. At the time of appointment, the public members shall be citizensof the United States, residents of this state for a period of at least oneyear immediately preceding their appointment, and a registered voter. Thepublic members and the spouse of such members shall be persons who are notand never were a member of any profession licensed or regulated by theboard. The public members and the spouse of such members shall be personswho do not have and never have had a material financial interest in theprovision of the professional services regulated by the board, or anactivity or organization directly related to any professions licensed orregulated by the board. The duties of the public members and theaccredited school owner member shall not include the determination of thetechnical requirements to be met for licensure, or whether any person meetssuch technical requirements, or of the technical competence or technicaljudgment of a licensee or a candidate for licensure.
5. Any member who is a school owner shall not be allowed access tothe testing and examination materials nor shall any such member be allowedto attend the administration of the examinations, except when such memberis being examined for licensure.
6. The members of the board shall receive as compensation for theirservices the sum set by the board not to exceed seventy dollars for eachday actually spent in attendance at meetings of the board plus actual andnecessary expenses.
(L. 2005 S.B. 280)