reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-219.01 - Application for license to operate barber school or college; form; contents; transfer; fees.

71-219.01.
Application for license to operate barber school or college; form; contents; transfer; fees.
Application for a license to operate a barber school or college shall be made on a form furnished by the board. It shall contain such information relative to ownership, management, instructors, number of students, and other data concerning such business as may be required by the board. The board shall collect, in addition to the approval fee, a fee in an amount set by the board for every barber school opened after August 27, 1971. The fee for approval of a barber school or college, the fee for reinstatement of a delinquent license, and the fee for the transfer of license or change of ownership of a barber school or college shall be set by the board. No fee shall be collected if the change in ownership is caused by a present license owner incorporating.
Source
Laws 1971, LB 1020, § 22;
Laws 1975, LB 66, § 6;
Laws 1997, LB 622, § 91;
Laws 2009, LB195, § 58.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-219.02 - Application for license to establish a barber shop; form; contents; transfer; fees; inspection.

71-219.02.
Application for license to establish a barber shop; form; contents; transfer; fees; inspection.
Application for a license to establish a barber shop shall be made on a form furnished by the board. It shall contain such information relative to ownership, management, sanitation, and other data concerning such business as may be required by the board. The board shall collect with such application, in addition to the license fee, a fee to be set by the board. A fee shall be collected for the transfer of license or change of ownership of a barber shop, but no fee shall be collected if the ownership results merely from a present license holder incorporating his or her business. Every barber shop shall be called upon by the state barber inspector at least once each licensing period for the purpose of inspection in order to be eligible for a permit to conduct a barber shop, and no license shall be issued unless all deficiencies found by inspection of such shop have been corrected.
Source
Laws 1975, LB 66, § 5;
Laws 1978, LB 722, § 15;
Laws 1997, LB 622, § 92;
Laws 2009, LB195, § 59.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-219.03 - Board of Barber Examiners; set fees; manner; annual report.

71-219.03.
Board of Barber Examiners; set fees; manner; annual report.
The Board of Barber Examiners shall set the fees at a level sufficient to provide for all expenses and salaries of the board authorized in section 71-222 and in such a manner that unnecessary surpluses are avoided. The board shall annually file a report with the Attorney General and the Legislative Fiscal Analyst stating the amount of the fees set by the board. Such report shall be submitted on or before July 1 of each year. The report submitted to the Legislative Fiscal Analyst shall be submitted electronically.
Source
Laws 1975, LB 66, § 7;
Laws 2012, LB782, § 102;
Laws 2020, LB381, § 58.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-219.04 - Barber shop or school; reinspection; fees.

71-219.04.
Barber shop or school; reinspection; fees.
When it is necessary for an inspector to reinspect a barber shop or barber school to determine if a violation has been corrected, there shall be a fee assessed to the barber, barber shop owner, instructor, or barber school owner for the first, second, and third callback inspection. The fees shall be an amount set by the board.
Source
Laws 1983, LB 87, § 13;
Laws 1997, LB 622, § 93.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-220 - Violation; penalty.

71-220.
Violation; penalty.
Any person, firm, or corporation, their agents or servants, who shall violate any of the provisions of sections 71-201 to 71-237 shall be deemed guilty of a Class III misdemeanor.
Source
Laws 1927, c. 163, § 17, p. 434;
Laws 1929, c. 154, § 9, p. 538;
C.S.1929, § 71-2021;
R.S.1943, § 71-220;
Laws 1957, c. 294, § 8, p. 1057;
Laws 1971, LB 1020, § 23;
Laws 1977, LB 39, § 147.
Annotations
Under former law section prescribed no penalty for cutting hair without a haircutters' certificate of registration as required by former section 71-203. Lane v. State, 120 Neb. 302, 232 N.W. 96 (1930).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-220.01 - Violation; nuisance; abatement or other relief.

71-220.01.
Violation; nuisance; abatement or other relief.
A violation of the Barber Act by any person shall constitute a nuisance and the board, acting in the name of the state, shall be authorized to file suit in the district court of the district in which the alleged violation occurred for the purpose of seeking an abatement of such nuisance and for such other relief as the court may deem appropriate to grant. The procedure in the district court shall be the same as the procedure for matters in equity in the district court of Nebraska.
Source
Laws 1971, LB 1020, § 24;
Laws 1997, LB 622, § 94.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-221 - Board of Barber Examiners; established; members; qualifications; terms; appointment; removal.

71-221.
Board of Barber Examiners; established; members; qualifications; terms; appointment; removal.
A board, to be known as the Board of Barber Examiners, is hereby established, to consist of three members appointed by the Governor. Each member shall be a practicing barber who has followed the occupation of barbering in this state for at least five years prior to his appointment, and who is actually engaged in the practice of barbering during the term of his appointment. The members of the first board appointed shall serve for three years, two years, and one year, respectively, as appointed, and members appointed thereafter shall serve for three years. The Governor may remove a member for cause. Members appointed to fill vacancies caused by death, resignation or removal, shall serve during the unexpired term of their predecessors.
Source
Laws 1927, c. 163, § 18, p. 434;
C.S.1929, § 71-2022;
R.S.1943, § 71-221;
Laws 1963, c. 409, § 24, p. 1325;
Laws 1971, LB 1020, § 25.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-222 - Board; officers; compensation; expenses; records; reports; employees.

71-222.
Board; officers; compensation; expenses; records; reports; employees.
The board shall annually elect a president and vice president, and the board shall appoint a director who shall serve as secretary of the board. The board shall be furnished with suitable quarters in the State Capitol or elsewhere. It shall adopt and use a common seal for the authentication of its orders and records. The secretary of the board shall keep a record of all proceedings of the board. A majority of the board, in a meeting duly assembled, may perform and exercise all the duties and powers delegated to the board. Each member of the board shall receive a compensation of one hundred fifty dollars per diem and shall be reimbursed for expenses incurred in the discharge of such member's duties as provided in sections 81-1174 to 81-1177, not to exceed two thousand dollars per annum. Salaries and expenses shall be paid only from the fund created by fees collected in the administration of the Barber Act, and no other funds or state money except as collected in the administration of the act shall be drawn upon to pay the expense of administration. The board shall report each year to the Governor a full statement of its receipts and expenditures and also a full statement of its work during the year, together with such recommendations as it may deem expedient. The board may employ one field inspector and such other inspectors, clerks, and assistants as it may deem necessary to carry out the act and prescribe their qualifications. No owner, agent, or employee of any barber school shall be eligible for membership on the board.
Source
Laws 1927, c. 163, § 19, p. 435;
Laws 1933, c. 121, § 2, p. 491;
R.S.1943, § 71-222;
Laws 1957, c. 294, § 9, p. 1057;
Laws 1963, c. 409, § 25, p. 1326;
Laws 1971, LB 1020, § 26;
Laws 1972, LB 1183, § 5;
Laws 1978, LB 722, § 16;
Laws 1981, LB 204, § 113;
Laws 1993, LB 226, § 8;
Laws 2020, LB381, § 59;
Laws 2023, LB227, § 69.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-222.01 - Director; serve at pleasure of board; salary; qualifications; bond or insurance; premium.

71-222.01.
Director; serve at pleasure of board; salary; qualifications; bond or insurance; premium.
The director, under the supervision of the Board of Barber Examiners, shall administer the provisions of sections 71-201 to 71-237, and shall serve at the pleasure of the board. His or her salary shall be fixed by the board. The director shall devote full time to the duties of his office. No person shall be eligible to the office of director who has not been engaged in the active practice of barbering as a registered barber in the state for at least five years immediately preceding his appointment. No member of the Board of Barber Examiners shall be eligible to the office of director during his or her term. The director shall be bonded or insured as required by section 11-201. The premium shall be paid as an expense of the board.
Source
Laws 1963, c. 409, § 26, p. 1326;
Laws 1965, c. 417, § 7, p. 1333;
Laws 1971, LB 1020, § 27;
Laws 1978, LB 722, § 18;
Laws 1978, LB 653, § 25;
Laws 2004, LB 884, § 34.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-222.02 - Board of Barber Examiners Fund; created; use; investment.

71-222.02.
Board of Barber Examiners Fund; created; use; investment.
All funds collected in the administration of the Barber Act shall be remitted to the State Treasurer for credit to the Board of Barber Examiners Fund which is hereby created and which shall be expended only for the administration of the act, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Board of Barber Examiners Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1963, c. 409, § 27, p. 1327;
Laws 1969, c. 584, § 68, p. 2387;
Laws 1995, LB 7, § 73;
Laws 2009, First Spec. Sess., LB3, § 44.
Cross References
Fees, see sections 33-151 and 33-152.
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-223 - Board; rules and regulations; inspections; record of proceedings.

71-223.
Board; rules and regulations; inspections; record of proceedings.
The board shall have authority to adopt and promulgate reasonable rules and regulations for the administration of the provisions of sections 71-201 to 71-224. Any member of the board, its agents, or its assistants shall have authority to enter upon and to inspect any barber shop or barber school at any time during business hours. A copy of the rules and regulations adopted by the board shall be furnished to the owner or manager of each barber shop and barber school, and it shall be posted in a conspicuous place in such barber shop or barber school. The board shall keep a record of proceedings relating to the issuance, refusal, renewal, suspension, and revocation of registrations and licenses and inspections. Such record shall also contain the name, place of business, and residence of each registered barber instructor and licensed barber and the date and number of his or her registration or license.
Source
Laws 1927, c. 163, § 20, p. 435;
C.S.1929, § 71-2024;
R.S.1943, § 71-223;
Laws 1963, c. 409, § 28, p. 1327;
Laws 1993, LB 226, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-223.01 - Barber shops and barber schools; sanitary requirements; inspections.

71-223.01.
Barber shops and barber schools; sanitary requirements; inspections.
The board shall by rules and regulations duly adopted prescribe sanitary requirements for barber shops and barber schools. The board or its employees shall regularly inspect all barber shops and barber schools in this state to insure compliance with such regulations. Such sanitary requirements and inspections shall include all activities, in addition to barbering as defined in section 71-202, taking place on the licensed premises. A written report of each such inspection made shall be submitted to the board. Each school or barber shop shall be called upon at least once each licensing period for the purpose of inspection prior to the issuance of its license to be eligible for renewal of certification or registration.
Source
Laws 1963, c. 409, § 29, p. 1328;
Laws 1971, LB 1020, § 28;
Laws 1978, LB 722, § 18;
Laws 1996, LB 1044, § 483;
Laws 1997, LB 622, § 95;
Laws 1999, LB 121, § 2;
Laws 2009, LB195, § 61.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-223.02 - Barber schools; sign required; advertising requirements.

71-223.02.
Barber schools; sign required; advertising requirements.
A barber school shall display a sign indicating that it is a barber school. The sign shall be clearly visible at the main entrance. A sign shall be displayed in the clinical area indicating that all services are performed by students. A barber school which advertises the performance of any barber service shall advertise, in as conspicuous a manner as such advertisement of services, that all services are performed by students.
Source
Laws 1963, c. 409, § 30, p. 1328;
Laws 1993, LB 226, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-223.04 - Class of instruction; temporary permit; issuance; requirements; fee; period valid; bond.

71-223.04.
Class of instruction; temporary permit; issuance; requirements; fee; period valid; bond.
Any person who desires to conduct any class or classes of instruction, other than a free demonstration, shall, before engaging in such instruction, make application to the Board of Barber Examiners for a temporary permit authorizing the applicant to conduct such class or classes. In order to be qualified for such temporary license, the applicant must (1) hold a valid license as a registered barber in some state in the United States; (2) have filed with the Board of Barber Examiners an application setting forth the type of classes to be conducted, the period of time the classes will be conducted, the place in which such classes are to be conducted, and the amount of tuition, if any, to be charged; and (3) pay the fee set by the board for issuance of a temporary permit. Upon being satisfied that the applicant does hold a valid license as a barber in some state in the United States, is qualified to conduct such classes, and has made arrangements to conduct such classes in facilities which otherwise meet the requirements as to health and sanitation required of a barber school in the State of Nebraska, the board shall issue a temporary license to such applicant to permit the conducting of such classes. The license shall be valid only for the classes and times set forth in the application. Before such application is delivered to an applicant other than a barber or barber school or college currently licensed in Nebraska, the applicant must post with the Board of Barber Examiners a good and sufficient surety bond, issued by a reputable bonding company licensed to do business in the State of Nebraska, for the benefit of the persons taking such class or classes in a sufficient amount to assure to such students a refund of any portion of their tuition paid but not used, in the event that such class or classes shall discontinue operation for any reason prior to the time that all of such classes have been conducted.
Source
Laws 1971, LB 1020, § 29;
Laws 1978, LB 722, § 19.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-224 - Act, how cited.

71-224.
Act, how cited.
Sections 71-201 to 71-261 shall be known and may be cited as the Barber Act.
Source
Laws 1927, c. 163, § 23, p. 436;
C.S.1929, § 71-2027;
R.S.1943, § 71-224;
Laws 1971, LB 1020, § 31;
Laws 1993, LB 226, § 11;
Laws 2009, LB195, § 62;
Laws 2018, LB731, § 91;
Laws 2020, LB755, § 25.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-225 - Legislative declarations.

71-225.
Legislative declarations.
The Legislature declares that: (1) The provisions and regulations of the Barber Act are enacted in the interest of public health, public safety, and the general welfare; and (2) the skilled trade of barbering and the operation of barber shops is affected with a public interest.
Source
Laws 1945, c. 174, § 1, p. 554;
Laws 1957, c. 294, § 10, p. 1058;
Laws 1978, LB 722, § 20;
Laws 1997, LB 622, § 96.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-227 - Board; investigate conditions and practices; notice and hearing; order.

71-227.
Board; investigate conditions and practices; notice and hearing; order.
Whenever it appears to the board that practices prevail among barbers which tend to impair the health or efficiency of barbers or to endanger the health or safety of their patrons, the board shall investigate and determine whether such conditions or practices prevail. If such conditions or practices exist or are at risk of occurring, the board may, by official order and after due notice and hearing, adopt and promulgate rules and regulations to promote the purposes of the Barber Act.
Source
Laws 1945, c. 174, § 3, p. 555;
Laws 1978, LB 722, § 21;
Laws 1997, LB 622, § 97.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-228 - Board; practice and procedure in accordance with rules and regulations.

71-228.
Board; practice and procedure in accordance with rules and regulations.
The practice and procedure of the board, with respect to any investigation authorized by sections 71-225 to 71-237, shall be in accordance with rules and regulations to be promulgated by the board, which shall provide for reasonable notice to all persons affected by the orders to be made by the board and an opportunity for any such persons to be heard, either in person or by counsel, and introduce testimony in their behalf at any hearing to be held for that purpose.
Source
Laws 1945, c. 174, § 4(1), p. 555.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-230 - Board; oaths; witnesses; fees; compel testimony to be given; subpoena; serving of papers by sheriff.

71-230.
Board; oaths; witnesses; fees; compel testimony to be given; subpoena; serving of papers by sheriff.
For the purpose of any investigation or hearing which the board is authorized to conduct, the board, or any member thereof, shall have power to administer oaths, take depositions, issue subpoenas, and compel the attendance of witnesses and the production of books, papers, documents, and other evidence. In case of the disobedience of any person in complying with any order of the board, or a subpoena issued by the board or any of its members, or on the refusal of a witness to testify to any matter regarding which he or she may be lawfully interrogated, the judge of any district court of the county in which the person resides, on application by any member of the board, shall compel obedience by attachment proceedings as for contempt, as in the case of the disobedience of a subpoena issued from such court or a refusal to testify therein. The sheriff of the county in which such person resides shall serve all orders and subpoenas herein referred to. Each witness who shall appear in obedience to a subpoena before the board or a member thereof, shall receive for his or her attendance the fees provided for witnesses in civil cases in the district court of this state and mileage at the rate provided in section 81-1176 for state employees, which shall be paid upon the presentation of proper vouchers, approved by any two members of the board. No witnesses subpoenaed at the instance of a party other than the board or one of its members, shall be entitled to compensation unless the board shall certify that his or her testimony was material to the matter investigated.
Source
Laws 1945, c. 174, § 4(3), p. 556;
Laws 1981, LB 204, § 114.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-231 - Board; investigations; matters to be considered.

71-231.
Board; investigations; matters to be considered.
In making any investigation as to conditions existing in the barber trade, the board shall give due consideration to (1) the costs incurred in the particular county under investigation with regard to the adequacy of the income of barber shop operators to assure full compliance with all sanitary regulations imposed by any law of this state and (2) healthful working conditions in barber shops.
Source
Laws 1945, c. 174, § 4(4), p. 556;
Laws 1957, c. 294, § 12, p. 1059.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-232 - Board; adopt rules and regulations.

71-232.
Board; adopt rules and regulations.
The board shall adopt and promulgate and enforce all rules, regulations, and orders necessary to carry out the Barber Act.
Source
Laws 1945, c. 174, § 5, p. 557;
Laws 1978, LB 722, § 22;
Laws 1997, LB 622, § 98.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-234 - Certificate of registration; board; suspend or revoke; notice; hearing.

71-234.
Certificate of registration; board; suspend or revoke; notice; hearing.
The Board of Barber Examiners may suspend or revoke the certificate of registration of any barber who has violated any order of the board promulgated hereunder;
Provided,
no certificate of registration shall be suspended or revoked by the board until (1) the person accused has been given at least twenty days' notice in writing of the charge against him and (2) a public hearing is had by the board.
Source
Laws 1945, c. 174, § 7, p. 557.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-235 - Appeal; procedure.

71-235.
Appeal; procedure.
Any licensee, considering himself or herself aggrieved by any action of the board taken pursuant to the Barber Act may appeal the action of the board, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1945, c. 174, § 8, p. 557;
Laws 1963, c. 409, § 32, p. 1328;
Laws 1988, LB 352, § 120.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-237 - Expenses of administration; how paid.

71-237.
Expenses of administration; how paid.
All expenses incidental to the administration of sections 71-225 to 71-237 shall be paid from the funds of the Board of Barber Examiners in the manner and form governing other expenditures of that board.
Source
Laws 1945, c. 174, § 11, p. 558.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-238 - Reciprocal licensure agreements; board; powers.

71-238.
Reciprocal licensure agreements; board; powers.
The board may negotiate reciprocal agreements for licensure with any other state or country for licensed barbers and registered barber instructors.
Source
Laws 1983, LB 87, § 1;
Laws 1993, LB 226, § 12.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-239 - Foreign licenses; recognition; board; powers.

71-239.
Foreign licenses; recognition; board; powers.
For purposes of recognizing licenses which have been issued in other states or countries to practice barbering as a licensed barber or registered barber instructor, the board may:
(1) Enter into a reciprocal agreement with any state which is certified to it by the proper examining board under the provisions of section 71-240; and
(2) Provide for licensure without examination as provided in section 71-239.01.
Source
Laws 1983, LB 87, § 2;
Laws 1993, LB 226, § 13;
Laws 2009, LB195, § 63.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-239.01 - Foreign licenses; recognition; licensure without examination; application; form; contents; issuance; appeal.

71-239.01.
Foreign licenses; recognition; licensure without examination; application; form; contents; issuance; appeal.
(1) The board may issue a license without examination to a person licensed in a state, territory, or country with which the board has not entered into a reciprocal agreement under section 71-239 as provided in this section.
(2) An applicant for licensure without examination under subsection (1) of this section shall file with the board (a) an application on a form provided by the board, (b) a copy of the license issued by the state, territory, or country in which the applicant is licensed, (c) the applicant's social security number, (d) documents demonstrating that the requirements for licensure in such state, territory, or country are substantially equivalent to the requirements for licensure under the Barber Act, and (e) the fee required pursuant to section 71-219.
(3) The board shall review each application and the documents submitted under this section and determine within sixty days after receiving such application and documentation whether to issue a license without examination to the applicant. The board shall notify the applicant of its decision within ten days after the date of making the decision. If the board determines not to issue a license without examination to the applicant, he or she may appeal the decision of the board and the appeal shall be in accordance with the Administrative Procedure Act.
(4) The board may adopt and promulgate rules and regulations to carry out this section.
Source
Laws 2009, LB195, § 64.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-240 - Board; review foreign licensing requirements.

71-240.
Board; review foreign licensing requirements.
The Board of Barber Examiners shall at least once each year review the licensing requirements of other states or countries which issue licenses to practice barbering in the various classifications in which the board conducts examinations for licenses in this state. The board shall examine such requirements and, after making such other inquiries as it deems necessary, shall certify the states and countries having substantially equivalent requirements to those existing in this state for the practice of barbering and with which such board desires to enter into a reciprocal licensure agreement.
Source
Laws 1983, LB 87, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-241 - Board; reciprocal agreement; conditions.

71-241.
Board; reciprocal agreement; conditions.
In negotiating any reciprocal agreement, the Board of Barber Examiners shall be governed by the following:
(1) When the laws of any state or country or the rules of the authorities of such state or country place any requirement or disability upon any person licensed in this state to practice barbering which affects the right of such person to be licensed or to practice his or her profession in such other state, then the same requirement or disability shall be placed upon any person licensed in such state or country when applying for a license to practice in this state; and
(2) When any examining board has established by rule any special conditions upon which reciprocal agreements shall be entered into, as provided in section 71-242, such condition shall be incorporated into the reciprocal agreements negotiated with reference to licenses to practice barbering in any classification in which such examining board conducts examinations.
Source
Laws 1983, LB 87, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-242 - Reciprocal agreement; applicant for licensure or registration; requirements; failure to qualify; effect.

71-242.
Reciprocal agreement; applicant for licensure or registration; requirements; failure to qualify; effect.
The board shall not enter into any reciprocal agreement with any state or country with reference to the practice of barbering as a licensed barber or registered barber instructor for which the board conducts examinations unless every person licensed or registered in such state or country when applying for a license to practice in this state shall show:
(1) That the requirements for licensure or registration were substantially equal to those in force in this state at the time such license was issued; or
(2) Upon due proof that such applicant has continuously practiced the practices or occupation for which application for a license is made at least three years immediately prior to such application.
The applicant shall also pay the fee set pursuant to section 71-219 and provide his or her social security number.
Except as provided in section 71-239.01, any applicant who fails to qualify for such exemption because his or her study or training outside this state does not fulfill the requirements of this section shall receive credit for the number of hours of study and training successfully completed in the particular state where he or she is registered or licensed, and he or she shall be qualified for the examination upon completion of such supplementary study and training in an accredited school of barbering in this state as the board finds necessary to substantially equal the study and training of a qualified person who has studied and trained in an accredited school in this state only. For the purposes of this section, each six months of practice outside of this state of the practices or occupation for which application for a license is made shall be deemed the equivalent of one hundred hours of study and training required in this state in order to qualify for the practice of barbering.
Source
Laws 1983, LB 87, § 5;
Laws 1993, LB 226, § 14;
Laws 1997, LB 752, § 167;
Laws 2009, LB195, § 65.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-243 - Reciprocal agreement; terminated; when.

71-243.
Reciprocal agreement; terminated; when.
When the requirements for a license in any state or country with which this state has a reciprocal agreement as authorized by section 71-239 are changed by any law or rule of the authorities of such state so that such requirements are no longer substantially as high as those existing in this state, then such agreement shall be deemed terminated and licenses issued in such state or country shall not be recognized as a basis of granting a license in this state until a new agreement has been negotiated.
Source
Laws 1983, LB 87, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-244 - License granted under reciprocal agreement; when.

71-244.
License granted under reciprocal agreement; when.
The Board of Barber Examiners shall, upon presentation of a certification of licensure to practice barbering as a registered barber or instructor by the duly constituted authority of another state or country, with which this state has established reciprocal relations as authorized by section 71-239, and subject to the rules of the board, license such applicant to practice in this state unless an examination is required under section 71-242.
Source
Laws 1983, LB 87, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-245 - Reciprocal license; provisions applicable.

71-245.
Reciprocal license; provisions applicable.
The provisions of the Barber Act, relating to applications, transmittal of the names of eligible candidates, certification of successful applicants, and issuance of licenses thereto, in the case of regular examinations, apply as far as applicable to applicants for a reciprocal license or for a license issued without examination pursuant to section 71-239.01.
Source
Laws 1983, LB 87, § 8;
Laws 1997, LB 622, § 99;
Laws 2009, LB195, § 66.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-246 - Reciprocal requirements and disabilities; applicable; when.

71-246.
Reciprocal requirements and disabilities; applicable; when.
When the laws or the rules of the authorities of a state or country place any requirement or disability upon any person holding a diploma or certificate from any school or college of barbering in this state in which barbering is taught, which affects the right of such person to be licensed in such state, the same requirement or disability shall be placed upon any person holding a diploma or certificate from a similar school or college situated in that state when applying for a license to practice in this state.
Source
Laws 1983, LB 87, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-247 - Reciprocity; board; establish rules.

71-247.
Reciprocity; board; establish rules.
The Board of Barber Examiners shall have the power to establish the necessary rules for carrying out the reciprocal relations with other states or countries which are authorized by sections 71-238 to 71-246.
Source
Laws 1983, LB 87, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-248 - Licensee; change of residence; certified statement.

71-248.
Licensee; change of residence; certified statement.
Any licensee who desires to change his or her residence to that of another state or country shall, upon application to the Board of Barber Examiners and payment of the legal fee, receive a certified statement that he or she is a duly licensed practitioner in this state.
Source
Laws 1983, LB 87, § 11.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-249 - Mobile barber shop; license; requirements.

71-249.
Mobile barber shop; license; requirements.
In order to be licensed as a mobile barber shop by the board, an applicant shall, in addition to the requirements of the Barber Act, meet, and present to the board evidence of meeting, the following requirements:
(1) The proposed barber shop is a self-contained, self-supporting, enclosed mobile unit;
(2)(a)(i) The mobile unit has a global positioning system tracking device that enables the board to track the location of the barber shop over the Internet;
(ii) The device is on board the mobile unit and functioning at all times the barber shop is in operation or open for business; and
(iii) The owner of the barber shop provides the board with all information necessary to track the barber shop over the Internet; or
(b) The owner of the barber shop submits to the board, in a manner specified by the board, a weekly itinerary showing the dates, exact locations, and times that barbering services are scheduled to be provided. The owner shall submit the itinerary not less than seven calendar days prior to the beginning of the service described in the itinerary and shall submit to the board any changes in the itinerary not less than twenty-four hours prior to the change. A barber shop shall follow the itinerary in providing service and notify the board of any changes;
(3) The barber shop is clearly identified as such to the public by a sign;
(4) The barber shop complies with the sanitary requirements of the Barber Act and the rules and regulations adopted and promulgated under the act;
(5) The entrance into the proposed barber shop used by the general public provides safe access by the public; and
(6) The proposed barber shop includes a functional sink and toilet facilities and maintains an adequate supply of clean water and wastewater storage capacity.
Source
Laws 2018, LB731, § 84.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-250 - Mobile barber shop license; application.

71-250.
Mobile barber shop license; application.
Any person seeking a license to operate a mobile barber shop shall submit a completed application to the board as provided in section 71-219.02, and along with the application, the applicant shall submit a detailed floor plan or blueprint of the proposed barber shop sufficient to demonstrate compliance with the requirements of section 71-249.
Source
Laws 2018, LB731, § 85.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-251 - Mobile barber shop; application; review; denial; inspection.

71-251.
Mobile barber shop; application; review; denial; inspection.
In addition to the requirements of the Barber Act, each application for a license to operate a mobile barber shop shall be reviewed by the board for compliance with the requirements of the Barber Act. If an application is denied, the applicant shall be informed in writing of the grounds for denial, and such denial shall not prejudice future applications by the applicant. If an application is approved, the board shall issue the applicant a certificate of consideration to operate a mobile barber shop pending an operation inspection. The board shall conduct an operation inspection of each barber shop issued a certificate of consideration within six months after the issuance of such certificate. A barber shop which passes the inspection shall be issued a license. A barber shop which fails the inspection shall submit within fifteen days evidence of corrective action taken to improve those aspects of operation found deficient. If evidence is not submitted within fifteen days or if after a second inspection the barber shop does not receive a satisfactory rating, it shall immediately relinquish its certificate of consideration and cease operation.
Source
Laws 2018, LB731, § 86.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-252 - Mobile barber shop; operating requirements.

71-252.
Mobile barber shop; operating requirements.
In order to maintain its license in good standing, each mobile barber shop shall operate in accordance with the following requirements:
(1) The barber shop shall at all times comply with all applicable provisions of the Barber Act and all rules and regulations adopted and promulgated under the act;
(2) The barber shop owner or his or her agent shall notify the board of any change of ownership, name, or office address and if a barber shop is permanently closed;
(3) No barber shop shall permit any unlicensed person to perform any of the practices of barbering within its confines or employment;
(4) The barber shop shall display a name upon, over, or near the entrance door distinguishing it as a barber shop;
(5) The barber shop shall permit any duly authorized agent of the board to conduct an operation inspection or investigation at any time during the normal operating hours of the barber shop, without prior notice, and the owner and manager shall assist the inspector by providing access to all areas of the barber shop, all personnel, and all records requested by the inspector;
(6) The barber shop shall display in a conspicuous place the following records:
(a) The current license or certificate of consideration to operate a barber shop; and
(b) The current licenses of all persons licensed under the act who are employed by or working in the barber shop;
(7) No barbering practices may be performed in a barber shop while the barber shop is moving. The barber shop must be safely and legally parked in a legal parking space at all times while clients are present inside the barber shop. A barber shop shall not park or conduct business within three hundred feet of another licensed barber shop. The board is not responsible for monitoring for enforcement of this subdivision but may discipline a license for a reported and verified violation; and
(8) The owner of the barber shop shall maintain a permanent business address at which correspondence from the board may be received and records of appointments, license numbers, and vehicle identification numbers shall be kept for each barber shop being operated by the owner. The owner shall make such records available for verification and inspection by the board.
Source
Laws 2018, LB731, § 87.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-253 - Mobile barber shop license; revocation or expiration; effect.

71-253.
Mobile barber shop license; revocation or expiration; effect.
The license of a mobile barber shop that has been revoked or expired for any reason shall not be reinstated. An original application for licensure shall be submitted and approved before such barber shop may reopen for business.
Source
Laws 2018, LB731, § 88.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-254 - Mobile barber shop license; change of ownership or mobile unit; effect.

71-254.
Mobile barber shop license; change of ownership or mobile unit; effect.
Each mobile barber shop license issued shall be in effect solely for the owner or owners and the mobile unit named thereon and shall expire automatically upon any change of ownership or mobile unit. An original application for licensure shall be submitted and approved before such barber shop may reopen for business.
Source
Laws 2018, LB731, § 89.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-255 - Mobile barber shop; owner liability.

71-255.
Mobile barber shop; owner liability.
The owner of each mobile barber shop shall have full responsibility for ensuring that the barber shop is operated in compliance with all applicable laws, rules, and regulations and shall be liable for any and all violations occurring in the barber shop.
Source
Laws 2018, LB731, § 90.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-256 - Home barber services permit; issuance.

71-256.
Home barber services permit; issuance.
(1) A barber shop may employ licensed barbers, according to the licensed activities of the barber shop, to perform home barber services by obtaining a home barber services permit.
(2) In order to obtain a home barber services permit from the board, an applicant shall:
(a) Hold a current, active barber shop license; and
(b) Submit a complete application at least ten days before the proposed date for beginning home barbering services.
(3) The board shall issue a home barber services permit to each applicant meeting the requirements set forth in this section.
Source
Laws 2020, LB755, § 26.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-257 - Home barber services permit; requirements.

71-257.
Home barber services permit; requirements.
In order to maintain in good standing or renew its home barber services permit, a barber shop shall at all times operate in accordance with the requirements for operation, maintain its license in good standing, and ensure that the home barber services comply with the following requirements:
(1)(a) Clients receiving home barber services shall be in emergency or persistent circumstances which shall generally be defined as any condition sufficiently immobilizing to prevent the client from leaving the client's residence regularly to conduct routine affairs of daily living such as grocery shopping, visiting friends and relatives, attending social events, attending worship services, and other similar activities.
(b) Emergency or persistent circumstances may include such conditions or situations as:
(i) Chronic illness or injury leaving the client bedridden or with severely restricted mobility;
(ii) Extreme general infirmity such as that associated with the aging process;
(iii) Temporary conditions, including, but not limited to, immobilizing injury and recuperation from serious illness or surgery;
(iv) Having sole responsibility for the care of an invalid dependent or a mentally disabled person requiring constant attention;
(v) Mental disability that significantly limits the client in areas of functioning described in subdivision (1)(a) of this section; or
(vi) Any other condition that, in the opinion of the board, meets the general definition of emergency or persistent circumstances;
(2) The barber shop shall determine that each person receiving home barber services meets the requirements of subdivision (1) of this section and shall:
(a) Complete a client information form supplied by the board before home barber services may be provided to any client; and
(b) Keep on file the client information forms of all clients it is currently providing with home barber services or to whom it has provided such services within the past two years;
(3) The barber shop shall employ or contract with barbers licensed under the Barber Act to provide home barber services and shall not permit any person to perform any home barber services under its authority for which the person is not licensed;
(4) No client shall be left unattended while any chemical service is in progress or while any electrical appliance is in use; and
(5) Each barber shop providing home barber services shall post a daily itinerary for each barber providing home barber services. The kit used by each barber to provide home barber services shall be available for inspection at the barber shop or at the home of the client receiving the home barber services.
Source
Laws 2020, LB755, § 27.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-258 - Client; home inspection; limitations.

71-258.
Client; home inspection; limitations.
An agent of the board may make an operation inspection in the home of a client if the inspection is limited to the activities, procedures, and materials of the barber providing the home barber services.
Source
Laws 2020, LB755, § 28.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-260 - Home barber services permit; renewal; revocation or expiration; effect.

71-260.
Home barber services permit; renewal; revocation or expiration; effect.
Each home barber services permit shall be subject to renewal at the same time as the barber shop license and shall be renewed upon request of the permitholder if the barber shop is operating its home barber services in compliance with the Barber Act and if the barber shop license is renewed. No permit that has been revoked or expired may be reinstated or transferred to another owner or location.
Source
Laws 2020, LB755, § 30.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-261 - Home barber services permit; owner; liability.

71-261.
Home barber services permit; owner; liability.
The owner of a barber shop holding a home barber services permit shall have full responsibility for ensuring that the home barber services are provided in compliance with all applicable laws and rules and regulations and shall be liable for any violation which occurs.
Source
Laws 2020, LB755, § 31.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-401 - Act, how cited.

71-401.
Act, how cited.
Sections 71-401 to 71-479 shall be known and may be cited as the Health Care Facility Licensure Act.
Source
Laws 2000, LB 819, § 1;
Laws 2001, LB 398, § 65;
Laws 2004, LB 1005, § 41;
Laws 2007, LB203, § 1;
Laws 2009, LB288, § 31;
Laws 2010, LB849, § 19;
Laws 2010, LB999, § 1;
Laws 2011, LB34, § 1;
Laws 2011, LB542, § 1;
Laws 2012, LB1077, § 1;
Laws 2013, LB459, § 1;
Laws 2015, LB37, § 68;
Laws 2016, LB698, § 17;
Laws 2016, LB722, § 12;
Laws 2017, LB166, § 19;
Laws 2018, LB731, § 92;
Laws 2018, LB1034, § 50;
Laws 2020, LB1052, § 5;
Laws 2020, LB1053, § 3;
Laws 2022, LB697, § 1;
Laws 2023, LB227, § 70.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-402 - Purpose of act.

71-402.
Purpose of act.
The purpose of the Health Care Facility Licensure Act and the Nebraska Nursing Home Act is to protect the public health, safety, and welfare by providing for the licensure of health care facilities and health care services in the State of Nebraska and for the development, establishment, and enforcement of basic standards for such facilities and services.
Source
Laws 2000, LB 819, § 2.
Cross References
Nebraska Nursing Home Act, see section 71-6037.