14 PROPOSED ADMINISTRATIVE RULES  

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    ORR # 2003-004

     

    DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES DIRECTOR’S OFFICE

    BARBERS

     

    (By authority conferred on the director of the department of consumer and industry services by section 308 of 1980 PA 299, MCL 339.308 and Executive Reorganization Order No. 1996-2, MCL 445.2001)

     

    R 339.6001, R 339.6003, and R 339.6045 are amended, and R 339.6039 is added to the Michigan Administrative Code.

     

    PART 1. GENERAL PROVISIONS

     

    R 339.6001 Definitions.

    Rule 1. (1) As used in these rules:

    (a)     "Act" means Act No. 299 of the Public Acts of 1980, as amended, being '339.101 et seq. of the Michigan Compiled Laws. 1980 PA 299, MCL 339.101 et seq.

    (b)    "Board" means the board of barber examiners.

    (c)     "Chairperson" means the person who is authorized to convene and moderate a public body meeting on behalf of the board.

    (d)     "Political subdivision" means a county, city, village, township, school district, or authority created pursuant to a local ordinance.

    (2) The terms defined in the act have the same meanings when used in these rules.

     

    R 339.6003 Public meetings. Board meetings.

    Rule 3. Board meetings are conducted in accordance with 1975 PA 267, MCL 15.261 et seq., the open meetings act, and are open to the public. (1) Each person shall be provided a reasonable opportunity to  address a board meeting on an item not on the agenda if the person makes a request to the Board of  Barber Examiners, P.O. Box 30018, Lansing, Michigan 48909, (517) 373-3089, before the convening of  the meeting, or with the chairperson before the conclusion of the meeting.

    (2) A group of 5 or more persons is requested to give advance notice to the chairperson of its intention to attend a board meeting so that an effort may be made to provide adequate space.

    (3) The chairperson shall follow all of the following procedures:

    (a) Conduct the public participation portion of the board meeting in an orderly and decorous fashion.  (b) Recognize each person who wishes to speak on a matter within the time limits available.

    (c) Allow for public comment on each agenda item.

    (d)Allocate a specific time on the agenda for general public comments.

    (e) Exclude a person from the meeting only for a breach of the peace actually committed at the meeting.  (4) The chairperson may follow the following procedures:

    (a) Limit the number of persons admitted to the meeting room if necessary to comply with

     

     

    the public safety laws and regulations.

    (b) Temporarily recess, and promptly reconvene, the meeting in a larger meeting room if more space is necessary.

    (c) Impose reasonable limitations on time allotted for public comments.

    (d)Inquire as to the interests, if any, represented by the person addressing the meeting.

    (e) To preserve the rights of all parties, prohibit a member of the public from addressing the meeting on the subject of a disciplinary case pending before the board.

     

    PART 3. SANITATION

     

    R 339.6039 Blood Spill Procedures.

    Rule 39. (1) A licensee, barber shop owner, instructor, student, or barber school owner shall comply with all of the following provisions if a blood spill occurs:

    (a)    Temporarily suspend the service being performed.

    (b)      Provide the patron or other person who is bleeding with adequate first aid supplies so that the bleeding can be stopped and the wound covered.

    (c)    Sterilize any equipment, implements, or tools which have come into contact with the blood spill.

    (d)    Immediately discard porous materials or supplies which have come into contact with a blood spill.

    (e)     Immediately clean floors, counters, chairs, or other durable surfaces in the area of the blood spill with a sodium hypochlorite solution, such as household bleach, or other hospital-grade disinfectant.

    (f)    Keep blood spill waste in clearly labeled covered containers separate from other waste materials.

    (2) A licensee, student, or instructor shall not perform services or demonstrations on a patron until all bleeding has ceased and all wounds covered. A licensee, student, or instructor shall keep an open sore, cut, burn, or other injury on patrons or on themselves covered at all times when performing services or demonstrations.

     

    PART 4. BARBER COLLEGES

     

    R 339.6045 Student conduct; education requirements.

    Rule 45. (1) A barber college shall not permit A a student shall not permitted to work on a public patron in a barber college until he or she presents a student license issued to the student. A student shall comply strictly with the rules governing barbers and barber shops in this state.

    (2)   For the purpose of meeting the equivalent tenth grade education requirement as used in the act, the department shall accept an average grade level of 11.0 or higher using the California achievement test, CTB/McGraw-Hill, or a score of 39 or higher, before January, 2002, or, for tests administered in January, 2002 or later, 390 or higher using the general educational development (GED) test, or the ability to benefit (ATB) basic skills tests approved by the U.S. department of education as constituting prima facie evidence of equivalence to a tenth-grade education.

    (3)   For the purpose of meeting the requirements of graduation from an accredited high school as used in the act, the department shall accept successful completion of the California achievement test, CTB/McGraw-Hill, or the general educational development (GED) test or the ability to benefit (ATB) scholastic level exam as constituting prima facie evidence of demonstrating equivalence to a high school diploma.

    (4)   Information about the general educational development certification (GED) test is available from the Michigan Department of Career Development, Victor Office Center, 201 N. Washington Square, Lansing MI 48913, telephone: 517/373-1692. Information about the ability to benefit basic skills tests (WBST) and the scholastic level exam (SLE) is avaiIable from Wonderlic, Inc., 1795 N. Butterfield

     

     

    Road, Libertyville IL 60048-1238. Telephone: toll free 877/568-5791 or local: 847/247-2530. Internet address: www.wonderlic.com.