CHAPTER 313-A BARBERING, COSMETOLOGY, AND ESTHETICS
Section 313-A:1
313-A:1 Definitions. –
As used in this chapter:
I. "Barber" means any person practicing barbering.
II. "Barbering" means:
(a) Shaving or trimming the beard or cutting the hair;
(b) Giving facial or scalp massages or treatment with oils, creams, lotions, or other preparations, either by hand or mechanical appliances; or
(c) Shampooing, arranging, dressing, or styling the hair.
II-a. "Master barber" means any person licensed by the board as a master barber to practice the following:
(a) Shaving or trimming the beard or cutting the hair;
(b) Giving facial or scalp massages or treatment with oils, creams, lotions, or other preparations, either by hand or mechanical appliances;
(c) Shampooing, arranging, dressing, or dyeing the hair or applying hair tonics;
(d) Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to scalp, face, or neck, or removing superfluous hair from the face and neck of any person; or
(e) Styling, waving, curling, straightening, or bleaching the hair by mechanical or chemical means.
III. "Barbershop" means any establishment or place of business wherein the practice of barbering is engaged in or carried on.
IV. "Board" means the board of barbering, cosmetology, and esthetics.
V. "Cosmetologist" means any person practicing cosmetology.
VI. "Cosmetology" means arranging, dressing, curling, waving, cleansing, cutting, bleaching, coloring, or similarly treating the hair of any person, and performing other work customarily performed by a cosmetologist such as giving facials, manicures, pedicures, and artificial nail enhancements, applying makeup or eyelashes to any person, and removing superfluous hair.
VII. "Esthetician" means any person practicing esthetics.
VIII. 'Esthetics" means:
(a) Giving facials, applying makeup, giving therapeutic skin care treatments, removing superfluous hair, or applying eyelashes to any person;
(b) Beautifying the face, neck, arms, and shoulders, by use of cosmetic preparations, antiseptics, tonics, lotions, or creams;
(c) Massaging, cleansing, or stimulating the face, neck, arms, and shoulders, by means of the hands, devices, apparatus, or appliances, with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams; or
(d) Providing pedicure and manicure services, including therapeutic skin and nail care treatments for the feet and hands, beautifying the feet and hands, and massaging, cleansing, or stimulating the feet and hands by means of the hands, devices, apparatus, or appliances, with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams, trimming or filing the nails, and polishing the nails.
VIII-a. "Fitzpatrick scale" means the following scale for classifying the 6 skin types, based on the skin's reaction to the first 10 to 45 minutes of sun exposure after the winter season:
Skin Type Sunburning and Tanning History
1 Always burns easily; never tans
2 Always burns easily; tans minimally
3 Burns moderately; tans gradually
4 Burns minimally; always tans well
5 Rarely burns; tans profusely
6 Never burns; deeply pigmented.
IX. "Manicurist" or "pedicurist" means any person practicing manicuring or pedicuring.
X. "Manicuring" or "pedicuring" means cutting, trimming, polishing, applying artificial enhancements such as tips or acrylic to the natural nails, or coloring or cleansing the nails of any person.
XI. "Mobile barbershop" means a vehicle or structure, readily mobile, designed, constructed or adapted to serve as a barbershop at multiple sites.
XI-a. "Operator" means a person age 18 or older who has received training through a program approved by the board in the safe operation of tanning devices, operates the tanning device, controls the length of the exposure to UV light, and instructs the consumer in the proper use of the device. A person age 16 or older who, prior to January 1, 2005, has been certified by a program that was subsequently approved by the board shall be an operator under this paragraph.
XI-b. "Phototherapy device" means equipment that emits UV radiation and is used by licensed health care professionals in the treatment of disease.
XII. "Salon" means a beauty salon or other place kept open for the business of cosmetology, manicuring, or esthetics.
XIII. "School" means a school or other institution, or a dedicated program within such school or institution, conducted for the purpose of teaching cosmetology, manicuring, barbering, or esthetics.
XIV. "Tanning device" includes any equipment, including a sunlamp, tanning booth, and tanning bed, that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers and is used for the tanning of human skin. The term also includes any accompanying equipment, including protective eyewear, timers, and handrails.
XV. "Tanning facility" means any location, place, area, structure or business which provides access to a tanning device for a fee, membership dues or any other compensation.
XVI. "Ultraviolet (UV) radiation" means electromagnetic radiation with wavelengths between 200 nanometers and 400 nanometers.
Source. 2000, 118:1. 2002, 230:1. 2004, 177:1-3. 2005, 262:6. 2007, 47:1, eff. July 20, 2007. 2016, 297:1-4, eff. Aug. 20, 2016. 2021, 205:2, Pt. VIII, Sec. 1, eff. Oct. 9, 2021.