Section 43-11-01 - DefinitionsIn this chapter, unless the context or subject matter otherwise requires:
1. "Board" means the state board of cosmetology.2. "Cosmetologist" means an individual licensed under this chapter to practice cosmetology.3. "Cosmetology" means any one or a 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 individual holding out as practicing cosmetology by whatever designation and within the meaning under this chapter and in and upon whatever place or premises.a. The term includes:(1) Hair care, including arranging, dressing, curling, waving, permanent waving, cleansing, cutting, shaving, trimming, singeing, bleaching, coloring, straightening, or similar work, upon the hair of any individual by any means or with hands or mechanical or electrical apparatus or appliances;(3) Manipulation and application of product to eyelashes and eyebrows, including extensions, design, treatment, tinting, and lightening;(4) Hair extensions using chemical hair joint agents, such as synthetic tape, keratin bonds, or fusion bonds; andb. The term does not include natural hair braiding or threading.4. "Esthetician" means an individual licensed under this chapter to practice esthetics and skin care.5. "Esthetics" means manipulation and application of product to eyelashes and eyebrows, including extensions, design, treatment, tinting, and lightening and skin care.6. "Independent licensee" is a licensed individual who maintains a separate salon license and operates independently from the establishment owner in which the individual's suite or chair is located.7. "Instructor" means an individual who is a licensed cosmetologist, esthetician, or manicurist who teaches cosmetology, esthetics, manicuring, or other practices within the scope of the individual's license, 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.8. "Invasive care" means any procedure that invades the live tissue of the dermis by any means, including cutting, puncturing, burning, insertion of instruments, and includes: b. Chemical peels using: (1) Thirty percent or higher concentration of alpha hydroxy acid;(2) Twenty percent or higher concentration of beta hydroxy acid;(3) Two percent or higher concentration of resorcinol;(4) Fifteen percent or higher concentration of trichloroacetic acid (TCA); or(5) Fifteen percent or higher concentration of phenol.9. "Manicuring" means:a. Cleansing, cutting, shaping, or beautifying nails;b. Massaging from the elbow to the fingertips or knee to toes of any individual;c. Caring for and treating the cuticles and nails; andd. The application and removal of sculptured or otherwise artificial nails by hand or with mechanical or electrical apparatus or appliances.10. "Manicurist" means an individual licensed under this chapter to practice manicuring.11. "Master cosmetologist" means an individual who has met the requirements of section 43-11-26 and has applied for and received a master cosmetologist license.12. "Master esthetician" means an individual who has met the requirements of section 43-11-26 and has applied for and received a master esthetician license.13. "Master manicurist" means an individual who has met the requirements of section 43-11-26 and has applied for and received a master manicuring license.14. "Mechanical device" means a clip, comb, crochet hook, curler, curling iron, hairpin, roller, scissors, blunt-tipped needle, thread, and hair binder.15. "Natural hair braiding" means the service of twisting, wrapping, weaving, extending, locking, or braiding hair by hand or with a mechanical device. Natural hair braiding is commonly known as "African-style hair braiding" but is not limited to any particular cultural, ethnic, racial, or religious forms of hairstyles. a. The term includes: (1) The use of natural or synthetic hair extensions, natural or synthetic hair and fibers, and decorative beads and other hair accessories;(2) Minor trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking, or braiding hair;(3) The making of wigs from natural hair, natural fibers, synthetic fibers, and hair extensions; and(4) The use of topical agents, such as conditioners, gels, moisturizers, oils, pomades, and shampoos, in conjunction with performing services under paragraph 1 or 2.b. The term does not include: (1) The application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair; or(2) The use of chemical hair joining agents, such as synthetic tape, keratin bonds, or fusion bonds.16. "Noninvasive care" includes treatments confined to the nonliving cells of the stratum corneum of the epidermis. Noninvasive care must be in a superficial mode and not for the treatment of medical disorders, and living cells may not be altered, cut, or damaged.17. "Salon" means an establishment in a fixed location, not used as sleeping or living quarters, licensed under this chapter where cosmetology services are provided.18. "School of cosmetology" means an establishment operated for the purpose of teaching cosmetology.19. "Skin care" means the use of cosmetic preparations, antiseptics, tonics, lotions, creams, or otherwise, massaging, cleansing, stimulating, manipulating, performing noninvasive hair removal, including waxing and tweezing; beautifying, or similar noninvasive care and work on the body of any individual. The term does not include invasive care or threading.20. "Student" means any individual 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.21. "Student instructor" means a cosmetologist, esthetician, or manicurist who is receiving instruction in teacher's training within the scope of the individual's license in a duly registered school of cosmetology.22. "Threading" means the method of removing hair from the eyebrows, upper lip, or other body part by using cotton thread to pull hair from follicles.a. The term may include the use of an over-the-counter astringent, gel, and powder, tweezers, and scissors, incidental to the removal of hair by threading.b. The term does not include the use of chemicals, heat, or any type of wax.23. "Tuition" means the total cost of an individual's cosmetology studies, and does not include books or demonstration kits.Amended by S.L. 2021, ch. 309 (SB 2092),§ 1, eff. 7/1/2021.Amended by S.L. 2019, ch. 347 (HB 1345),§ 1, eff. 8/1/2019.Amended by S.L. 2015, ch. 293 (SB 2097),§ 1, eff. 7/1/2015.Amended by S.L. 2011, ch. 308 (SB 2098),§ 1, eff. 7/1/2011.