43-11 Cosmetologists - North Dakota Statutes

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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
performed by and known as the occupation of beauty culturists or cosmeticians or
cosmetologists or hairdressers, or of any other person holding out as practicing
cosmetology by whatever designation and within the meaning of this chapter and in
and upon whatever place or premises; and in particular cosmetology includes the
following or any one or a combination of practices: arranging, dressing, curling,
waving, cleansing, cutting, singeing, bleaching, coloring, or similar work, upon the
hair of any person by any means or with hands or mechanical or electrical apparatus
or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions,
creams, or otherwise, massaging, cleansing, stimulating, manipulating, exercising,
waxing to remove hair, beautifying, or similar work on the body, or manicuring the
nails of any person.3."Cosmetology salon" includes that part of any building in which the occupation of a
cosmetologist is practiced.4."Esthetician" means a person who is licensed by the board to engage in the practice
of skin care. An esthetician does not include a professional make-up artist trained in
facial make-up application by a cosmetics company.5."Homebound" means any person who is ill, disabled, or otherwise unable to travel to
a salon.6."Instructor" means any person of the age of eighteen years or more, who is a
licensed cosmetologist, who teaches cosmetology or any practices taught in a duly
registered school of cosmetology, and who has met the requirements of section
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,
including:a.Laser use, except the use of cold laser technology using nonlinear, pulsed light
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
of 3.0 or higher;(2)Twenty percent beta hydroxy acid, which includes salicylic acid with a pH
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
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
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
of manicuring.11."Operator" means a person, not a student, who is licensed under the provisions of
this chapter to engage in and follow any of the practices of a hairdresser or
cosmetologist.12."School of cosmetology" means an establishment operated for the purpose of
teaching cosmetology.13."Skin care" means the use of cosmetic preparations, antiseptics, tonics, lotions,
creams, or otherwise, massaging, cleansing, stimulating, manipulating, waxing to
remove hair, beautifying, or similar work on the body of any person. The term does
not include invasive care.14."Student" means any person who is engaged in the learning or acquiring of any or all
the practices of cosmetology and while so learning, performs or assists in any of the
practices of cosmetology in any school registered or licensed and under the
immediate supervision of an instructor licensed as such under this chapter.15."Student instructor" means a cosmetologist who is receiving instruction in teacher's
training in a duly registered school of cosmetology.16."Tuition" means the total cost of a person's cosmetology studies, and does not
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
immediate families.3.Services by a person licensed by the state and working within the standards and
ethics of that person's profession, if that person does not represent to the public that
the person is a cosmetologist or manicurist.4.Services by nurses, undertakers, and morticians lawfully engaged in the
performance of the usual and ordinary duties of their vocation.5.Educational activities conducted in connection with any regularly scheduled meeting
or any educational activities of any bona fide association of licensed cosmetologists,
from which the general public is excluded. For purposes of this subsection a "bona
fide association of cosmetologists" means any organization whose constitution,
bylaws, or membership rules establish within said organization a class of
membership consisting of licensed cosmetologists.6.Services provided by retailers or their sales personnel trained in the demonstration
of cosmetics application if the cosmetics are applied only with disposable applicators
that are discarded after each customer demonstration. The board may adopt rules
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
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,
with their terms of office so arranged that one term expires on June thirtieth of each year. Each
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
habitual drunkenness. A vacancy on the board must be filled by appointment by the governor for
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
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
and the secretary may administer oaths. The board may adopt rules necessary to implement
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
actual discharge of official duties, as determined by the board. The secretary of the board shall
receive an annual salary of not more than thirteen thousand dollars to be fixed by the board, and
necessary expenses actually incurred in the performance of official duties. Expenses incurred by
a board member in the performance of an official function are payable by the board pursuant to
sections 44-08-04 and 54-06-09. The compensation and expenses of all members of the board
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
thousand dollars, and the premium for the bond must be paid out of the funds received by the
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,