§ 17-26-103 — Scope of chapter

(a) The following persons are exempt from this chapter: (1) All persons authorized by the laws of this state to practice medicine, surgery, dentistry, pharmacy, osteopathy, chiropractic, naturopathy, or podiatry; (2) Barbers insofar as their usual and ordinary vocation and profession is concerned; (3) Employees employed to render cosmetological services in the course of and incidental to the business of employers engaged in the theatrical, radio, television, or motion picture production industry; (4) Individuals and employees rendering cosmetological services in the course of, in connection with, and incidental to the preparation of bodies for burial, or the business of embalmers and undertakers; (5) Direct-care staff as defined in § 20-10-1401 who provide routine personal hygiene and related daily care services to residents of nursing facilities as defined in § 20-10-1401 and for which the fee is included in the monthly facility charges; (6) Relatives of residents of nursing facilities as defined in § 20-10-1401 who provide cosmetological services to a related resident of a nursing facility; (7) (A) Registered hairstylists that only provide the washing, cleansing, drying, blow drying, combing, brushing, or styling of the hair of any person. (B) A registered hairstylist in a cosmetology establishment may provide services only when supervised by a licensed cosmetologist who is available to address health and safety issues that may arise in providing services to a consumer; and (8) An individual who only cleanses the hair of any person for compensation. (b) This chapter does not prohibit any practice within its scope in cases of emergency, nor the administration of any practice outside of a licensed school of cosmetology or cosmetological establishment when necessary because of the illness or other physical incapacitation of the recipient of the service and when performed by a licensee obtained for the purpose from a licensed cosmetological establishment. (c) This chapter does not prohibit the recommendation, demonstration, administration, or sale of cosmetics by any person not claiming to be a cosmetologist.

Legislative History

Amended by Act 2021, No. 957,§ 3, eff. 7/28/2021. Acts 1955, No. 358, Art. 2, §§ 3, 4; A.S.A. 1947, §§ 71-828, 71-829; Acts 2003, No. 680, § 3; 2007, No. 223, § 2.