17-26-102. Definitions.

17-26-102. Definitions. (a) As used in this chapter: (1) “Aesthetician” means any person who engages in the practice of beautifying the body by cleaning, waxing, externally manipulating, or stimulating the body by means of the hands, devices, apparatus, or appliances with or without the use of cosmetic preparations, antiseptics, tonics, lotions, and creams; (2) “Cosmetological establishment” means any premises, building, part of a building, or mobile salon in which is practiced a branch or a combination of branches of cosmetology or the occupation of a cosmetologist except: (A) The branch of manicuring as practiced in barbershops licensed by the Cosmetology Technical Advisory Committee and complying with the provisions of this chapter; and (B) Nursing facilities as defined under § 20-10-1401; (3) “Cosmetologist” means any person who: (A) Engages in the practice of cosmetology in a licensed cosmetological establishment, except the branch of electrolysis; or (B) Services a client in premises not licensed as a cosmetological establishment when the services rendered involve a special event in which the cosmetology service is to be performed for an on-site participant of the event; (4) “Electrologist” means any person who permanently removes hair from or destroys hair on the human body for beautification by the use of an electric needle or by the use of any other kinds of devices or appliances designed to permanently remove hair from the human body; (5) “Manager-operator” means a licensed cosmetologist authorized to engage in the practice of cosmetology, independent of personal supervision in a duly licensed establishment; (6) “Manicurist” means any person who engages in the occupation of manicuring the nails of any person by cutting, trimming, polishing, coloring, tinting, cleansing, filing, buffing, pushing, extending, protecting, wrapping, covering, building, or beautifying the nails or performing any other similar work upon the nails of any person by any means, including the softening of the arms, hands, feet, or ankles of any person by use of hands, mechanical or electrical apparatus or appliances, cosmetic or chemical preparations, antiseptics, lotions, or creams or by massaging, cleansing, manipulating, or stimulating the arms, hands, feet, or ankles of any person; (7) “Mobile salon” means a self-contained, self-supporting, enclosed unit that: (A) Is at least twenty-four feet (24') in length; (B) May be transported from one location to another; (C) Has a base location at the home, salon, or office of the owner of the mobile salon; (D) Is licensed as a cosmetological establishment for the practice of a branch or a combination of branches of cosmetology or the occupation of a cosmetologist licensed by the Department of Health; and (E) Complies with rules established by the department; (8) “Postsecondary school of cosmetology” means a school of cosmetology that offers a postsecondary curriculum approved by the department; (9) “School of cosmetology” means a person, firm, or corporation licensed by the state and exacting a fee for the teaching of any branch of cosmetology; and (10) “Student” means any person enrolled and engaged in learning or acquiring a knowledge of the occupation of cosmetology or any branch of cosmetology in a licensed school of cosmetology under a licensed instructor. (b) The art of cosmetology includes any and all and any combination of the following practices: (1) Arranging, dressing, curling, waving, machineless permanent waving, permanent waving, cleansing, cutting, singeing, bleaching, tinting, coloring, straightening, dyeing, brushing, beautifying, or otherwise treating by any means the hair of any person or wigs or hairpieces; (2) Externally manipulating, cleaning, waxing, or stimulating the body by means of the hands, devices, apparatus, or appliances with or without the use of cosmetic preparations, antiseptics, tonics, lotions, or creams; (3) Beautifying the body by use of cosmetic preparations, antiseptics, tonics, lotions, or creams; (4) Temporarily removing superfluous hair from the body of any person by the use of depilatories or by the use of tweezers, chemicals, or preparations or by the use of devices or appliances of any kind or description, except by the use of light waves, commonly known as rays; (5) Cutting, trimming, polishing, tinting, coloring, cleansing, or manicuring the nails of any person; and (6) Massaging, cleansing, or beautifying the nails of any person. (c) The branch of electrolysis, a practice of cosmetology requiring a separate course of training as prescribed by § 17-26-306, includes permanently removing hair from or destroying hair on the human body by the use of an electric needle or by the use of any other kind of device or appliance designed to permanently remove hair from the human body.