Mo. Code Regs. tit. 20 § 2085-12.010

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 20 CSR 2085-12.010 - General Rules and Application Requirements for All Schools

PURPOSE: This amendment adds language regarding virtual education.

(1) To operate a barber or cosmetology school in Missouri, including a postsecondary or secondary barber or cosmetology school, an applicant shall submit an application and applicable fee to the board at least sixty (60) days prior to the anticipated opening date of that facility. Applications to open a school shall be made on the forms provided by the board and may be obtained by writing the board at PO Box 1062, Jefferson City, MO 65102. The telephone number is (573) 751-0805 or (866) 762-9432, and the TDD number is (800) 735-2966.

(A) As used in these regulations (and in application forms issued by the board), the term "postsecondary" shall mean an institution or school that has certified in its application to the board that it will only enroll individuals who meet one (1) of the following qualifications:

1) hold a high school diploma;

2) hold a general education development (GED) certification;

3) have completed a home schooling program which meets the requirements of the state in which it occurred and contains at least twelve (12) high school credits; or

4) have provided acceptable proof of a prior enrollment, commencing at any date prior to July 1, 2012, in a Title IV eligible academic program at a Title IV eligible postsecondary institution. With respect to an institution, "Title IV eligible" shall have the meaning given in 34 CFR 600.2 as that regulation existed at the time of such prior enrollment, and, with respect to an academic program, "Title IV eligible" shall have the meaning given in 34 CFR 668.8 as that regulation existed at the time of such prior enrollment the status of being postsecondary is optional, and an applicant may apply to operate a barber or cosmetology school in Missouri without such status.

(B) As used in these regulations (and in application forms issued by the board), the term "secondary" shall mean an institution or school that has certified on its application to the board that it is a public vocational-technical school.

(2) General Application Requirements. The board shall not consider any application to open a school unless it is fully completed, including supporting documents which must be attached to the application, with the applicable fee. The application shall be on a form approved by the board and shall contain the following information:

(A) Name and address of the owner(s) or lessor(s) and lessee(s) where appropriate;

(B) The school's complete mailing address;

(C) A copy of the proposed facility's floor plan, giving approximate dimensions and square footage;

(D) A list of the proposed equipment and training supplies by quantity and type for which barber school applicants shall include the minimum equipment and supplies required by 20 CSR 2085-12.020(2)(C) or, for cosmetology school applicants, shall include the minimum equipment and supplies required by 20 CSR 2085-12.040(2);

(E) A list detailing all implements and equipment that will be included in student kits;

(F) A list of the proposed school rules;

(G) The requisite fee;

(H) A brief description of the course curriculum, including the number of clock hours, credit hours, or similar units of measure, whichever is applicable, to be assigned to each subject area;

(I) A sample lesson plan for each course in the curriculum, which must include those courses required by Chapters 328 and/or 329, RSMo, and the rules of the board, for the school license requested;

(J) The maximum enrollment allowed for the facility based on square footage;

(K) A copy of the student contract which shall comply with the following:

1. Student contracts submitted and used by barber school applicants must include a notice to the student that no less than one thousand (1,000) hours of training in a licensed school is required for that student to sit for the state barber examination;

2. Student contracts submitted and used by cosmetology school applicants must include a notice to the student that no less than one thousand five hundred (1,500) hours of training in a licensed school or no less than one thousand two hundred twenty (1,220) hours of training in a licensed public vocational-technical school are required for cosmetology, and no less than four hundred (400) hours of training in any licensed school are required for manicuring and no less than seven hundred fifty (750) hours training in any licensed school are required for estheticians for that student to be eligible to sit for the board examination; and

3. A copy of the school's student enrollment form or application, which, for a postsecondary school, shall require the student applicant to indicate whether he/she holds a high school diploma; holds a general education development (GED) certification; has completed a home schooling program meeting the requirements of the state in which it occurred and has provided to the board a written notarized statement from his/her principal instructor demonstrating completion of at least twelve (12) high school credits; or has provided to the cosmetology school proof of a prior enrollment, commencing at any date prior to July 1, 2012, at a Title IV eligible postsecondary institution in a Title IV eligible academic program;

(L) The name and address of each licensed instructor to be employed:

1. Any barber school having only one (1) instructor per fifteen (15) students shall state in their application the name and address of a substitute instructor who will be available; and

2. Any cosmetology school having only one (1) instructor per twenty-five (25) students shall state in their application the name and address of a substitute instructor who will be available; and

(M) Two (2) or more letters of reference for the applicants.

(3) Application Approval. Upon receipt of a properly completed application, the board, within a reasonable time, will arrange an appointment at the next regularly scheduled meeting of the board to discuss the proposed school provided, however, the application is received by the board no less than fourteen (14) days before the next meeting. If the application is received less than fourteen (14) days before the next meeting, then an appointment will be scheduled at the following meeting to discuss the proposed school. If the applicant has applied for the optional status of postsecondary institution, and has met the requirements of section (2) of 20 CSR 2085-12.010, and if the board decides to grant an initial or renewal license, the license shall designate the school as being authorized to operate as a post-secondary school of cosmetology and/or barbering. If the applicant has applied for the optional status of secondary institution, and has met the requirements of section (2) of 20 CSR 2085-12.010, and if the board decides to grant an initial or renewal license, the license shall designate the school as being authorized to operate as a secondary school of cosmetology and/or barbering.

(4) Barber School Floor Plans. The floor plan submitted with an application for licensure as a barber school shall include the following:

(A) A reception area;

(B) A classroom for theory instruction with a reference library;

(C) A work station for each student for practical instruction which shall include a backbar, dust-tight cabinet or drawers, mirror not less than thirty inches (30") in diameter, and barber chair with headrest. Barber chairs shall be mechanically sound with a non-porous covering in good condition. Chairs shall be placed at least five feet (5') apart, and each chair shall occupy not less than thirty-five (35) square feet of floor space. There shall be electrical outlets between every two (2) chairs;

(D) Two (2) or more restrooms that separately accommodate male and female students including sink with hot and cold running water, soap (liquid or powder), and paper towels;

(E) A dispensary for the preparation, mixing, storage, and disposal of supplies and chemicals used for disinfecting barbering implements;

(F) Manager(s) office;

(G) A student break room;

(H) A janitor's closet for cleaning supplies; and

(I) A shampoo bowl equipped with hot and cold running water plus chair for each student scheduled for practical instruction up to six (6) shampoo bowls.

(5) License Changes. Each license for a school issued by the board shall be valid only for the premises named and located at the address provided in the initial school license application. If at any time during the license period, the physical plant or operation of a school is moved to a new address, if ownership is transferred, or if substantial interest fifty-one percent (51%) or more of a partnership or corporation is altered in a way as to affect the registered ownership, then the license for the school shall become void. It shall be the responsibility of the holder of the license of the school to notify the board of any changes.

(A) Change of Location. If the physical plant or operation of a school is to be moved to a new address, it shall be the responsibility of the school owner(s) to submit an application to open a school at a different location and the applicable fee to the board and meet all the requirements to obtain a license to operate the school prior to reopening at the new location.

1. The school owner shall submit a change of location application which shall include:

A. The name and address of the owner(s) or lessor(s) and lessee(s) where appropriate;

B. The school's complete mailing address;

C. A copy of the proposed facility's floor plan, giving approximate dimensions and square footage;

D. A list of the proposed equipment and training supplies by quantity and type which for barber school applicants shall include the minimum equipment and supplies required by 20 CSR 2085-12.020(2)(C) or, for cosmetology school applicants, shall include the minimum equipment and supplies required by 20 CSR 2085-12.040(2);

E. A list detailing all implements and equipment that will be included in student kits;

F. A list of the proposed school rules;

G. The requisite fee;

H. The maximum enrollment allowed for the facility based on square footage;

I. A copy of the student contract which shall comply with the applicable requirements of 20 CSR 2085-12.010(2)(K); and

J. The name and address of each licensed instructor to be employed, including the name and address of any substitute instructor as required by 20 CSR 2085-12.010(2)(L).

2. Final approval of a school by the board, based on a change of location, will be made upon final inspection of the establishment.

(B) Change of Ownership. It shall be the responsibility of the new owner(s) to submit an application to open a school and the applicable fee to the board and to meet all requirements to obtain a license to operate a school.

1. If there is to be a change in a substantial interest of a partnership or corporation which affects the registered ownership, the owner(s) shall make application in accordance with the rules of the board.

2. If there is to be a change in a minority interest of a partnership or corporation which does not affect the registered ownership, it shall be the responsibility of the holder(s) of the school license to submit a sworn affidavit to the board as notification of the change and to supply a full listing of partners/shareholders and ownership percentages of each.

3. Adding a co-owner. It shall be the responsibility of the co-owners to submit an application to open a school and the applicable fee to the board to obtain a license to operate a school.

4. Deleting a co-owner. It shall be the responsibility of the co-owners to immediately notify the board of any ownership change. The written notice shall serve as documentation of the change and a new application and fee shall not be required.

(C) Name Change of School. Notwithstanding any other rule promulgated by the board, the owners of the school shall notify the board immediately in writing of a change in a school name. The name change may be made on the renewal application for the school. Alternatively, the name change may be made during the license period if the owner(s) submit a change of name request on a form supplied by the board along with the school's license and the duplicate license fee. No school shall use any name prior to complying with the rules of the board for changing a school name and submitting all applicable fees.

(D) Termination of Operations. Any school voluntarily terminating its operation shall inform the board in writing prior to the anticipated closing date and in addition, properly terminate its students as set forth in section (9) of this rule, return all unused materials supplied by the board and supply the board with an address and telephone number where an authorized representative of the school can be contacted for additional information after the closing of the school.

(6) Inspections.

(A) A member, representative, or inspector of the board shall inspect the school prior to annual renewal and the school shall be in compliance with all applicable Missouri laws and rules of this board.

(B) Each school licensed in Missouri must be open to the members, representatives, or inspectors of the board for inspection at all times during normal working hours or at reasonable times as requested by the board. Every school licensed by the board shall have a complete student kit and a set of all textbooks available for inspectors to view at the time of inspection.

(7) Renewals.

(A) Each holder of a valid, current license to operate a school in Missouri shall, on or before the renewal date, submit an application for renewal of the school license and shall accompany it with the biennial renewal fee and shall provide the following information:

1. Name and address of the owner(s) or lessor(s) and lessee(s) where appropriate;

2. The school's complete mailing address;

3. A list detailing all implements and equipment that will be included in student kits;

4. The requisite fee;

5. The maximum enrollment allowed for the facility based on square footage; and

6. The name and address of each licensed instructor to be employed; provided, any school having less than the minimum number of instructors as required by the rules of the board for the school to be licensed shall also state the name and address of a substitute instructor who will be available.

(B) The holder(s) of a school license which has not been renewed by the date shall be required to submit a late fee in addition to the biennial renewal fee in order to reinstate the license. The holder(s) of a school license failing to reinstate the license within fourteen (14) days following the board's mailing by certified mail of notice to the holder(s) shall be subject to disciplinary action, shall terminate all students enrolled in the school as set forth in subsection (9)(C) of this rule and may reapply for a school license in accordance with the provisions of section (2) of this rule.

(8) Satellite Classrooms.

(A) Purpose. Satellite classrooms may only be used for teaching purposes. Students are prohibited from providing services to or demonstrations on the public in a satellite classroom.

(B) Eligibility. Any licensed school may apply for the addition of a satellite classroom.

(C) Location. Satellite classrooms must be located within a one (1) mile radius of the existing school.

(D) Equipment and Floor Space.

1. Satellite classrooms shall be equipped with at least one (1) restroom for student use.

2. Satellite classrooms shall be equipped with a sufficient number of tables and chairs to accommodate the number of students in attendance in each class.

3. Schools shall post a sign on the outside of each entrance into a satellite classroom, which reads, "Satellite Classroom for Students and Licensed Instructors Only."

4. Satellite classrooms shall have a minimum of five hundred (500) square feet for classroom instruction for up to twenty (20) students. For each additional student, satellite classrooms must have at least an additional fifty (50) square feet. Schools may not include the square footage of the satellite classroom to meet the minimum square footage requirements for the school licensed.

(E) In addition to the instructor requirements for the school licensed, there must be at least one (1) licensed instructor present in the satellite classroom anytime students are present.

(F) Inspection. Satellite classrooms are subject to inspection in the same manner as the existing school. Schools are required to post the satellite classroom license in plain view within the satellite classroom at all times.

(G) Application for Licensure. If a satellite classroom is to be added, it shall be the responsibility of the holder(s) of the school license prior to opening the satellite classroom to submit an application for the addition of a satellite classroom on a form supplied by the board accompanied by a floor plan of the satellite classroom giving dimensions and square footage, and the satellite classroom application fee; have the satellite classroom inspected and approved by the board; and have received the satellite classroom license from the board.

(9) Enrollment and Termination of Students.

(A) Students must be seventeen (17) years of age by the time application is made for the state examination.

(B) It shall be the responsibility of the holder of the license to operate a school to submit student enrollment forms to the board at least two (2) weeks prior to the anticipated commencement of a student's studies. The application shall be on a form approved by the board, be properly completed and accompanied by the appropriate fee(s). No student shall receive any credit for training received at a school until the application is received and approved by the board and the student license is returned to the school. The student license shall be conspicuously displayed with a two inch square (2" x 2") photograph taken within the last five (5) years and is not transferable.

(C) Terminations. All persons holding a license to operate a school shall be responsible for submitting properly completed termination forms for all students who terminate their training. School license holders are responsible for obtaining termination forms from the board.

1. Termination forms must be submitted within two (2) weeks of the date of student's termination. The date of a student's termination is either:

1) The date the student affirmatively indicates to the school his/her intent to terminate training; or

2) The last day of any two (2)-week period during which the student failed to attend a single class. However, a school shall not terminate a student for up to six (6) weeks if the student notifies the school in writing of his/her leave of absence and the student's anticipated date of return. If the student does not return on the anticipated date of return, the school shall automatically terminate the student on that date.

(D) Transfer of Students. Any student desiring to change schools shall contact the school in which he/she is currently enrolled and request termination. The school shall terminate the student as required by 20 CSR 2085-12.010(9)(C) within two (2) weeks of the student's request to be terminated.

(E) No student shall be permitted to remove his/her training kit from the school while in training.

(F) Definition of Training Hours.

1. For purposes of cosmetology schools and students, "training hours" is defined as the number of clock or credit hours of instruction and training a student obtained and for which the school maintained a record of those hours for instruction and training.

2. For purposes of barber schools and students, "training hours" is defined as the number of clock hours of instruction and training a student obtained and for which the school maintained a record of those hours for instruction and training.

(10) Instructors. Every holder of a license to operate a school shall be responsible for providing continuous and adequate supervision of the school's students by licensed instructors at all times during regular school hours.

(A) It shall be the responsibility of the holder of a license to operate a school to ensure that each licensed instructor teaching in that school submits to the board a proposed lesson plan for each course that they teach. The lesson plan must be approved by the board prior to the course being taught.

(B) Any school which has only one (1) regular instructor employed and present during regular school hours shall submit proof to the board that a substitute Missouri licensed instructor will be available to that school to assume continuous and uninterrupted instruction. Satisfactory proof shall be demonstrated by submitting an affidavit to the board, a contract of agreement, or other evidence found to be adequate and trustworthy, that verifies that a licensed Missouri substitute instructor will be available.

(C) To insure the adequate preparation of its students, every school shall allow its instructors to perform only bona fide demonstrations on members of the general public. A bona fide demonstration is one performed for the instruction of students where one (1) or more students actually observe or participate in the work being performed by the instructor for no monetary compensation for the specific service(s) demonstrated.

(D) Instructor licenses shall be conspicuously displayed with a two inch square (2" x 2") photograph taken within the last five (5) years.

(E) Instructor trainees shall not be counted as licensed instructors for purposes of meeting the minimum instructor requirements of the board for the applicable school and under no circumstances shall an instructor trainee be left solely in charge of any school.

(11) External Training and Coursework.

(A) No portion of a student's minimum training requirements may be obtained in course work or demonstrations outside the school of his/her enrollment unless a specific request for such a program of instruction is submitted to the board office by the school on a form supplied by the board and approval is given prior to the requested program. The request for a program of instruction shall include: the place, date and time of the activity, the objective of the activity, the person/organization conducting the activity, the number of students to attend the activity, and the names of the instructor(s) to supervise the activity.

(B) The executive director of the board may approve up to three (3) valid field trip requests, after which time further requests will be considered by the board at its regularly scheduled board meeting. Requests received less than fourteen (14) days prior to the next meeting shall be placed on the agenda for the following meeting.

(C) The required ratio of instructor supervision shall be maintained and student attendance at the activity verified. Credit shall not be given for time in transit to and from the activity.

(12) Minimum Standards for Accountability.

(A) School emphasis shall be placed on student training exclusively.

(B) Every school shall maintain an annual overall pass/fail rate of seventy percent (70%) for both written and practical portions of the licensure examination for each classification of the profession taught. If a school's pass/fail rate falls below seventy percent (70%) in a calendar year, the school will have thirty (30) days from the date of notification to submit a plan of action to the board. The pass/fail rate in question will be for first time candidates only. The pass/fail rate must increase by five percent (5%) the first year, then must meet or exceed that standard for the next two (2) years, or the school license shall be subject to discipline.

(C) Student records shall be made available or shall be electronically stored so that the records may be immediately accessed and produced on the premises of the licensed school in the state of Missouri upon request by the board or its representative. For purposes of this rule, records shall be retained for a period of five (5) years and shall include, but are not limited to:

1. Timesheets;

2. Enrollment forms;

3. Student applications;

4. Termination forms;

5. Attendance records;

6. State law tests;

7. Proof of grades;

8. Proof of attendance;

9. Student payment records; and

10. Student contracts.

(D) The school shall include in its catalog and on its website information on how students may present complaints to the board, including the mailing address, telephone number, and website of the board.

(13) Advertising. Signs shall be displayed in all schools stating that all work is done by students. Schools advertising prices for services must state that all work is done by students and the lettering of the advertisement stating that work is performed by students must be as large as the lettering used to denote the advertised prices.

(14) All services rendered to the general public in a school shall be performed by students. An instructor shall not operate a chair or serve customers in a school. All work performed by the student on a customer shall be inspected and approved by an instructor before the customer exits the school. Students shall not exit from classroom instruction or practical or written examinations to perform barbering or cosmetology services on customers.

(15) Physical Premises. The building and quarters that the school occupies shall be clean, well painted, well ventilated, and adequately lighted with sufficient room.

(A) There shall be no smoking in instructional areas of the school.

(B) All implements and school equipment, including furniture and fixtures, shall be kept in good working order and repair.

(16) Failure of any school to comply with any applicable rule of the board shall be considered grounds for suspension or revocation of a license to operate a school.

(17) As used in the rules of the board, the term "school" shall also include a college of cosmetology or barber instruction.

(18) Virtual Education.

(A) For purposes of all schools licensed pursuant to Chapters 328 and 329, RSMo, educational theory hours (to exclude all experience hours) may be completed virtually in a hybrid program that is contemporaneously or simultaneously, visually and verbally, interactive between the instructor and student.

(B) Virtual educational theory hours may not account for more than half of the theory education hours required pursuant to this rule.

20 CSR 2085-12.010

AUTHORITY: sections 328.090, 328.120, 329.025, and 329.040, RSMo Supp. 2013.* Original rule filed Aug. 10, 2007, effective Feb. 29, 2008. Amended: Filed April 8, 2009, effective Oct. 30, 2009. Amended: Filed Sept. 13, 2013, effective Feb. 28, 2014.

Amended by Missouri Register October 15, 2015/Volume 40, Number 20, effective 11/30/2015

Amended by Missouri Register September 16, 2024/volume 49, Number 18, effective 10/31/2024.

*Original authority: 328.090, RSMo 1939, amended 1947, 1949, 1951, 1981, 2005; 328.120, RSMo 1939, amended 1947, 1951, 1959, 1981, 1993, 1995, 2005; 329.025, RSMo 2005, amended 2008; and 329.040, RSMo 1939, amended 1945, 1959, 1979, 1981, 1987, 1989, 1995, 1997, 2001.