Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 565 - Practices and acts prohibited; additional rules and requirements; penalty(a) Any manager-barber, barber, teacher, teacher-trainee or student, who shall practice the profession of barber while suffering from contagious or infectious disease, or who shall knowingly serve any person afflicted with such disease, shall be guilty of a summary offense, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding three hundred dollars, or undergo an imprisonment not exceeding thirty days, or both, at the discretion of the court.(b) Any manager-barber, barber, teacher, teacher-trainee or student, who shall infect any person, or who shall impart any contagious or infectious disease by reason of carelessness or negligence in the practice of such profession, shall be guilty of a summary offense, and, upon conviction, shall be sentenced to pay a fine not exceeding three hundred dollars for the first offense, or to undergo an imprisonment not exceeding ninety days, or both, at the discretion of the court.(b.1) Any person who shall violate any of the provisions of this act, or any rules or regulations of the board promulgated under the provisions of this act, except as herein otherwise provided, shall, upon summary conviction thereof, be sentenced to pay a fine not exceeding three hundred dollars for the first offense or to undergo an imprisonment not exceeding ninety days, or both, at the discretion of the court.(b.2) A second and subsequent violation of this act shall constitute a summary offense and any person, upon conviction, shall be sentenced to pay a fine not exceeding six hundred dollars or suffer imprisonment not exceeding six months, or both.(b.3) In addition to any other civil remedy or criminal penalty provided for in this act, the board, by a vote of the majority of the maximum number of the authorized membership of the board as provided by law, or by a vote of the majority of the duly qualified and confirmed membership or a minimum of five members, whichever is greater, may levy a civil penalty of up to one thousand dollars on any current licensee who violates any provision of this act or on any person who practices barbering or owns or operates a barber shop without being properly licensed to do so under this act. The board shall levy this penalty only after affording the accused party the opportunity for a hearing, as provided in Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure). All fines and civil penalties imposed in accordance with this section shall be paid into the Professional Licensure Augmentation Account.1931, June 19, P.L. 589, § 15. Amended 1937, June 5, P.L. 1689, § 7; 1949, May 2, P.L. 862, §§ 2, 3; 1951, July 19, P.L. 1134, § 10; 1951, Aug. 24, P.L. 1335, § 1; 1974, Oct. 10, P.L. 698, No. 234, § 6; 1976, Dec. 2, P.L. 1267, No. 282, §7; 1984 , June 30, P.L. 494, No. 101, §19, effective 7/1/1984.