43-04 Barbers - North Dakota Statutes

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CHAPTER 43-04BARBERS43-04-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Board" means the board of barber examiners.2."Practice of barbering" includes any one or any combination of the following
practices when done upon the upper part of the human body for cosmetic purposes
and not for the treatment of diseases or physical or mental ailments, and when done
for payment either directly or indirectly:a.Shaving or trimming the beard or cutting the hair.b.Giving facial or scalp massages or treatments with oils, creams, lotions, or
other preparations either by hand or mechanical appliances.c.Singeing, shampooing, or dyeing the hair or applying hair tonics.d.Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to
scalp, face, neck, or upper part of the body.43-04-02. Declaration of policy. It is hereby declared that the practice of barbering, byreason of the personal contacts exercised therein, is a business affecting the public health, public
welfare, and public safety, that immediate public supervision and control of said occupation in the
exercise of the police power of this state and in accordance with the proper standards of said
profession, are necessary to the protection and preservation of the public health, public safety,
and public welfare, and that this chapter is enacted in the exercise of the police power of this
state to protect the public welfare, public health, and public safety.43-04-03. Exemptions. The following persons, when engaged in the proper dischargeof their occupational duties, are exempt from the provisions of this chapter:1.Persons authorized by the laws of this state to practice medicine and surgery.2.Commissioned medical or surgical officers of the United States army, navy, air force,
or marine hospital service.3.Registered nurses.4.Registered hairdressers and cosmetologists.The persons exempt by subsections 1, 2, and 3 may not shave nor trim the beard nor cut the hair
of any person for cosmetic purposes.43-04-04.Board of barber examiners - Appointment - Term of office -Qualifications. The board of barber examiners must consist of three members, each of whom
must be appointed by the governor for a term of three years. The terms of office of the members
must be so arranged that one term expires on the thirty-first day of December of each year.
Each appointment must be made from a list of five names submitted to the governor by the state
barber association, and each member must be a registered barber who has followed the
occupation of barber in this state for at least five years prior to that member's appointment.43-04-05. Oath of office - How vacancies filled - Removal. Each member of theboard shall qualify by taking the oath required for civil officers. A vacancy on the board must be
filled by appointment by the governor for the unexpired term. Such appointment must be made
from the list of five names submitted to the governor by the state barber association from whichPage No. 1the original appointment was made. A member of the board may be removed by the governor
for cause.43-04-06. Officers of board - Power to administer oath - Bond. The members of theboard shall elect from their number a president, vice president, and secretary-treasurer. The
secretary-treasurer of the board must be bonded for the faithful discharge of duties in the penal
sum of five thousand dollars.The secretary-treasurer and the president of the board mayadminister oaths.43-04-07.Compensation - Expenses - How paid.Each member of the board isentitled to receive daily compensation for actual services in an amount not to exceed sixty-two
dollars and must be paid for actual expenses, as provided by law, incurred in attending meetings
of the board and in performing official duties. All funds collected or received by the board must
be deposited and disbursed in accordance with section 54-44-12.43-04-08. Expenses - How paid. Repealed by S.L. 1971, ch. 510,