32 §14203. Exemptions; exceptions - Maine Statutes

Title 32: PROFESSIONS AND OCCUPATIONS

Chapter 126: BARBERING AND COSMETOLOGY LICENSING HEADING: PL 1991, C. 397, §6 (NEW)

Subchapter 1: GENERAL PROVISIONS HEADING: PL 1991, C. 397, §6 (NEW)

§14203. Exemptions; exceptions

1. Exemptions. The prohibitions and penalties of this chapter do not apply to the following persons when acting within the scope of their profession or occupation:

A. Persons authorized by law of this State to practice medicine and surgery and persons under the supervision and control of those persons; [1993, c. 179, §1 (AMD).]

B. Commissioned medical officers of the United States Armed Forces; [1991, c. 397, §6 (NEW).]

C. Registered nurses, licensed practical nurses and nurse's aides; [1991, c. 397, §6 (NEW).]

D. Persons who practice upon members of their immediate families or on persons residing in their household and who receive no payment for such practice; [1993, c. 179, §1 (AMD).]

E. Persons employed by licensed establishments who provide shampooing services within the licensed establishments; [1997, c. 210, §15 (AMD).]

F. Persons employed to apply special make-up designed for theater lighting to a person who requires this make-up for an appearance in the theater or a movie, on television or as a model; and [1997, c. 210, §16 (AMD).]

G. Persons licensed under chapter 21 who practice the funeral service profession on human remains in a licensed funeral establishment. [1997, c. 210, §17 (NEW).]

[ 1997, c. 210, §§15-17 (AMD) .]

2. Exceptions. The practice of cosmetology, barbering, aesthetics or manicuring may be carried on only by persons duly licensed to practice in this State and only in an establishment licensed by the director, except as provided in this subsection. Duly licensed persons may practice their respective practices:

A. On patients in hospitals or nursing homes; [1991, c. 397, §6 (NEW).]

B. On residents of youth camps; [2009, c. 211, Pt. B, §29 (AMD).]

C. On inmates or residents of institutions of the Department of Health and Human Services; [1991, c. 397, §6 (NEW); 1995, c. 560, Pt. K, §82 (AMD); 1995, c. 560, Pt. K, §83 (AFF); 2001, c. 354, §3 (AMD); 2003, c. 689, Pt. B, §6 (REV).]

D. On invalids or handicapped persons in those persons' places of residence; [1991, c. 397, §6 (NEW).]

E. On residents of nursing homes; [1991, c. 397, §6 (NEW).]

F. On hotel or motel occupants in their hotel or motel rooms; [1991, c. 397, §6 (NEW).]

G. On persons in their residences; [1997, c. 210, §18 (AMD).]

H. On persons in their private businesses; [1997, c. 210, §19 (AMD).]

I. On human remains in licensed funeral establishments; and [1997, c. 210, §20 (NEW).]

J. On persons at special events with a special event services permit. Services rendered pursuant to this paragraph must be rendered for compensation. A person may not perform special event services without first obtaining a special event services permit from the director. The services provided pursuant to the special event services permit must comply with any applicable public health and safety requirements, the requirements of this chapter and all federal, state and local laws. [2009, c. 369, Pt. B, §6 (AMD).]

[ 2009, c. 211, Pt. B, §29 (AMD); 2009, c. 369, Pt. B, §6 (AMD) .]

SECTION HISTORY

1991, c. 397, §6 (NEW). 1991, c. 728, §1 (AMD). 1993, c. 179, §1 (AMD). 1995, c. 560, §K82 (AMD). 1995, c. 560, §K83 (AFF). 1997, c. 210, §§15-20 (AMD). 2001, c. 354, §3 (AMD). 2003, c. 689, §B6 (REV). 2007, c. 402, Pt. HH, §3 (AMD). 2009, c. 48, §§1-3 (AMD). 2009, c. 211, Pt. B, §29 (AMD). 2009, c. 369, Pt. B, §6 (AMD).