43-11 Cosmetologists
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<![CDATA[CHAPTER 43-11COSMETOLOGISTS43-11-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Board" means the state board of cosmetology.2."Cosmetology" means any one or combination of practices generally and usually<br>performed by and known as the occupation of beauty culturists or cosmeticians or<br>cosmetologists or hairdressers, or of any other person holding out as practicing<br>cosmetology by whatever designation and within the meaning of this chapter and in<br>and upon whatever place or premises; and in particular cosmetology includes the<br>following or any one or a combination of practices: arranging, dressing, curling,<br>waving, cleansing, cutting, singeing, bleaching, coloring, or similar work, upon the<br>hair of any person by any means or with hands or mechanical or electrical apparatus<br>or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions,<br>creams, or otherwise, massaging, cleansing, stimulating, manipulating, exercising,<br>waxing to remove hair, beautifying, or similar work on the body, or manicuring the<br>nails of any person.3."Cosmetology salon" includes that part of any building in which the occupation of a<br>cosmetologist is practiced.4."Esthetician" means a person who is licensed by the board to engage in the practice<br>of skin care. An esthetician does not include a professional make-up artist trained in<br>facial make-up application by a cosmetics company.5."Homebound" means any person who is ill, disabled, or otherwise unable to travel to<br>a salon.6."Instructor" means any person of the age of eighteen years or more, who is a<br>licensed cosmetologist, who teaches cosmetology or any practices taught in a duly<br>registered school of cosmetology, and who has met the requirements of section<br>43-11-27 and has applied for and received an instructor's license.7."Invasive care" means any procedure that invades the live tissue of the dermis,<br>including:a.Laser use, except the use of cold laser technology using nonlinear, pulsed light<br>application for the purpose of biostimulation without the generation of heat; andb.Chemical peels, except for chemical peels using:(1)Thirty percent alpha hydroxy acid, which includes glycolic acid with a pH<br>of 3.0 or higher;(2)Twenty percent beta hydroxy acid, which includes salicylic acid with a pH<br>of 3.0 or higher; or(3)Two percent resorcinol with a pH of 3.0 or higher.8."Manager-operator" means any person who has met the requirements of section<br>43-11-26 and has applied for and received a managing cosmetologist license.9."Manicuring" means the cleansing, cutting, shaping, beautifying, or massaging of the<br>hands, feet, or nails of any person.Page No. 110."Manicurist" means a person who is licensed by the board to engage in the practice<br>of manicuring.11."Operator" means a person, not a student, who is licensed under the provisions of<br>this chapter to engage in and follow any of the practices of a hairdresser or<br>cosmetologist.12."School of cosmetology" means an establishment operated for the purpose of<br>teaching cosmetology.13."Skin care" means the use of cosmetic preparations, antiseptics, tonics, lotions,<br>creams, or otherwise, massaging, cleansing, stimulating, manipulating, waxing to<br>remove hair, beautifying, or similar work on the body of any person. The term does<br>not include invasive care.14."Student" means any person who is engaged in the learning or acquiring of any or all<br>the practices of cosmetology and while so learning, performs or assists in any of the<br>practices of cosmetology in any school registered or licensed and under the<br>immediate supervision of an instructor licensed as such under this chapter.15."Student instructor" means a cosmetologist who is receiving instruction in teacher's<br>training in a duly registered school of cosmetology.16."Tuition" means the total cost of a person's cosmetology studies, and does not<br>include books or demonstration kits.43-11-02. Exemptions from provisions of chapter. This chapter does not apply to:1.Services in case of emergency.2.Services provided by persons practicing cosmetology upon members of their<br>immediate families.3.Services by a person licensed by the state and working within the standards and<br>ethics of that person's profession, if that person does not represent to the public that<br>the person is a cosmetologist or manicurist.4.Services by nurses, undertakers, and morticians lawfully engaged in the<br>performance of the usual and ordinary duties of their vocation.5.Educational activities conducted in connection with any regularly scheduled meeting<br>or any educational activities of any bona fide association of licensed cosmetologists,<br>from which the general public is excluded. For purposes of this subsection a "bona<br>fide association of cosmetologists" means any organization whose constitution,<br>bylaws, or membership rules establish within said organization a class of<br>membership consisting of licensed cosmetologists.6.Services provided by retailers or their sales personnel trained in the demonstration<br>of cosmetics application if the cosmetics are applied only with disposable applicators<br>that are discarded after each customer demonstration. The board may adopt rules<br>to ensure sanitary conditions for services provided under this exemption.7.Services provided in a licensed hospital or a nursing home by a person practicing<br>cosmetology on a volunteer basis without compensation or by a nurse's assistant.43-11-03. State board of cosmetology - Appointment - Term - Removal. The stateboard of cosmetology consists of three members appointed by the governor for three years each,<br>with their terms of office so arranged that one term expires on June thirtieth of each year. Each<br>member shall qualify by taking the oath required of civil officers and shall hold office until aPage No. 2successor is appointed and qualified.The governor may remove from office a member formisconduct, malfeasance, neglect of duty in office, crime in office, gross incompetency, or<br>habitual drunkenness. A vacancy on the board must be filled by appointment by the governor for<br>the unexpired term.43-11-04. Members of board - Qualifications. Each member of the board must be acitizen of this state and a licensed cosmetologist who has had at least three years' practical<br>experience in the occupation.43-11-05.Officers of board - Powers - Rulemaking.The members of the boardannually shall elect a president and a secretary from the members of the board. The president<br>and the secretary may administer oaths. The board may adopt rules necessary to implement<br>this chapter.43-11-06. Compensation of members of board - How paid. Each member of theboard is entitled to receive compensation of one hundred dollars for each day employed in the<br>actual discharge of official duties, as determined by the board. The secretary of the board shall<br>receive an annual salary of not more than thirteen thousand dollars to be fixed by the board, and<br>necessary expenses actually incurred in the performance of official duties. Expenses incurred by<br>a board member in the performance of an official function are payable by the board pursuant to<br>sections 44-08-04 and 54-06-09. The compensation and expenses of all members of the board<br>must be paid from the license fees and other sources of income of the board.43-11-07.Bond of secretary.Before entering upon the discharge of duties, thesecretary of the board must be bonded for the faithful discharge of duties in the amount of five<br>thousand dollars, and the premium for the bond must be paid out of the funds received by the<br>board. The bond and oath of office must be deposited with the secretary of state.43-11-08. Meetings of the board. The board shall meet at least twice each year attimes determined by the board.The board shall publish annually the time and place of itsregularly scheduled meetings. A majority of the members constitutes a quorum.43-11-09. Fees - Deposited with state treasurer - Expenses - How paid. Repealed byS.L. 1971, ch. 510, </p>
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