Okla. Stat. tit. 59 § 199.1

Current through Laws 2024, c. 453.

Section 199.1 - [Effective 11/1/2024] Definitions

As used in the Oklahoma Cosmetology and Barbering Act:

1. "Apprentice" means a person who is engaged in learning the practice of cosmetology or barbering in a cosmetology or barbering establishment;

2. "Barber" or "barber stylist" means any person who engages in the practice of barbering;

3. "Barbering" means the following practices, when done upon the upper part of the human body for cosmetic purposes and when done for payment either directly or indirectly for the general public, constitute the practice of barbering, to wit: Shaving or trimming the beard or cutting the hair; giving facial or scalp massages or treatment with oils, creams, lotions or other preparations, either by hand or mechanical appliances; singeing, shampooing or applying lighteners or color to the hair or applying hair tonics; applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to scalp, face, neck or upper part of the body; and removing superfluous hair from the face, neck or upper part of the body;

4. "Barber establishment" means an establishment or place of business where one or more persons are engaged in the practice of barbering, but shall not include barber schools or colleges;

5. "Barber school" or "barber college" means an establishment operated for the purpose of teaching barbering;

6. "Blow-dry styling" means the practice of shampooing, conditioning, drying, arranging, curling, straightening, or styling hair using mechanical devices, hairsprays, and topical agents including, but not limited to, balms, oils, and serums. Blow-dry styling shall include the use and styling of hair extensions, hair pieces, and wigs. Blow-dry styling shall not include cutting hair or the application of dyes, bleach, reactive chemicals, keratin treatments, or other preparations for the coloring and altering of hair structure. An individual certified to practice blow-dry styling shall fulfill instruction requirements related to general safety and sanitation for no less than twelve (12) hours, four (4) hours being an instruction in using mechanical devices for drying, curling, straightening, or styling hair, from the State Board of Cosmetology and Barbering before making any such applications. No establishment licensing and inspection requirements pursuant to this act shall be required of an establishment where a person performs blow-dry styling services;

7. "Board" means the State Board of Cosmetology and Barbering;

8. "Cosmetic studio" means any place or premises where demonstrators give demonstrations, without compensation, for the purpose only of advertising and selling cosmetics. Cosmetic studios providing any place or premises where demonstrators give demonstrations as defined in this paragraph shall not be required to hold a license or certification under the Oklahoma Cosmetology and Barbering Act;

9. "Cosmetology" means the practices generally and usually performed by and known as the occupation of beauticians, beauty culturists, beauty operators, cosmetologists, or hairdressers or of any other person holding himself or herself out as practicing cosmetology by whatever designation and within the meaning of the Oklahoma Cosmetology and Barbering Act and in or upon whatever place or premises. Cosmetology shall include, but not be limited to, any one or combination of the following practices: bleaching, cleansing, curling, cutting, coloring, dressing, removing, singeing, styling, waving, or similar work upon the hair of any person by any means, whether with hands or mechanical or electrical apparatus or appliances. Nothing in the Oklahoma Cosmetology and Barbering Act shall be construed to prohibit the use of hands or mechanical or electrical apparatus or appliances for the nonpermanent removal of hair from the human body without puncturing of the skin or the use of cosmetic preparations, antiseptics, tonics, lotions, or creams, or massaging, cleansing, stimulating, exercising, beautifying, or similarly working the scalp, face, neck, arms, or the manicuring of the nails of any person, exclusive of such of the foregoing practices as are within the scope of practice of the healing arts as provided by law;

10. "Cosmetology establishment" means an establishment or place of business where one or more persons are engaged in the practices of cosmetology but shall not include cosmetology schools or colleges;

11. "Cosmetology or barber school/college" means any place or premises where instruction in any or all the practices of cosmetology or barbering is given. Any person, firm, institution or corporation, who holds himself, herself or itself out as a school to teach and train, or any person, firm, institution or corporation who shall teach and train any other person or persons in any of the practices of cosmetology or barbering is hereby declared to be engaged in operating a cosmetology and/or barber school, and shall be subject to the provisions of the Oklahoma Cosmetology and Barbering Act. Licensed cosmetology and/or barber schools may offer education to secondary and postsecondary students in this state;

12. "Demonstrator" means a person who is not licensed in this state as an operator or instructor and who demonstrates any cosmetic preparation. An individual solely acting as a demonstrator as defined in this paragraph shall not be required to hold a license or certification under the Oklahoma Cosmetology and Barbering Act;

13. "Eyelash extension application" means the application, removal, and trimming of threadlike natural or synthetic fibers to an eyelash. Eyelash extension application shall include the cleaning of lashes. Eyelash extension application shall not include color agents, straightening agents, permanent wave solutions, bleaching agents, or any other service that may be considered under the practice of cosmetology;

14. "Eyelash extension instructor" means a person certified by the Board or a manufacturer of eyelash extension application products. The person shall pass a state written exam relating to general safety and sanitation from the Board;

15. "Eyelash extension specialist" means a person certified by the Board to perform eyelash extension application. The person shall pass a state written exam relating to general safety and sanitation from the Board;

16. "Facial/Esthetics instructor" means a person licensed by the Board as a qualified teacher of the art and science of facial and esthetics theory and practice;

17. "Facialist/Esthetician" means any person who gives facials for compensation. For a facialist/esthetician fulfilling the requirements of another state, territory, or province and holding a current license as verified by certification, the Board may issue a license pursuant to Section 199.13 of this title;

18. "Hairbraiding technician" means a person who performs hairbraiding, hairweaving techniques, and hair extensions in a licensed cosmetology establishment. An individual solely acting as a hairbraiding technician as defined in this paragraph shall not be required to hold a license or certification under the Oklahoma Cosmetology and Barbering Act;

19. "Hairbraiding" means the service of twisting, wrapping, weaving, extending, locking, or braiding hair by hand or with mechanical devices. Hairbraiding shall include the use of natural or synthetic hair extensions, natural or synthetic hair and fibers, decorative beads or other hair accessories, or twisting, wrapping, weaving, extending, locking, or braiding hair, or the making of wigs from natural hair, natural fibers, synthetic fibers, or hair extensions. Hairbraiding shall include the use of topical agents such as conditioners, gels, moisturizers, oils, pomades, and shampoos. Hairbraiding shall not include 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 the use of chemical hair jointing agents such as synthetic tape, keratin bonds, or fusion bonds. Hairbraiding shall not be considered the practice of cosmetology. Individuals solely practicing hairbraiding as defined in this paragraph shall not be required to hold a license or certification under the Oklahoma Cosmetology and Barbering Act;

20. "Hybrid learning" means courses that combine face-to-face classroom instruction with online, computer-based learning;

21. "Makeup application" means the application of a cosmetic to enhance the appearance of the face or skin including, but not limited to, powder, foundation, rouge, eyeshadow, eyeliner, mascara, or lipstick. Makeup application shall include the application of makeup applied using an airbrush. Makeup application shall not include the application of permanent makeup or tattooing;

22. "Makeup artist" means a person certified to practice makeup application. No establishment licensing and inspection requirements pursuant to this act shall be required of an establishment where a person performs makeup application services; provided, that an individual certified to practice makeup application fulfills instruction requirements related to general safety and sanitation for no less than eight (8) hours from the Board before making any such applications;

23. "Manicurist/Nail technician" means a person who gives manicures, gives pedicures, or applies artificial nails;

24. "Manicurist/Nail technician instructor" means a person licensed by the Board as a qualified teacher of the art and science of nail technology theory and practice;

25. "Master barber" means any person who has engaged in the practice of barbering for a cumulative period no less than fifteen (15) years. A master barber may provide instruction to no more than two registered apprentices at any one time. At such time as a barber fulfills the requirements of a master barber, he or she may request of the Board for licensure as a master barber;

26. "Master barber instructor" means a person who gives instruction in barbering or any practices thereof;

27. "Master cosmetologist" means any person who has engaged in the practice of cosmetology for a cumulative period no less than fifteen (15) years. A master cosmetologist may provide instruction to no more than two registered apprentices at any one time. At such time as a cosmetologist fulfills the requirements of a master cosmetologist, he or she may request of the Board for licensure as a master cosmetologist;

28. "Master cosmetology instructor" means a person who gives instruction in cosmetology or any practices thereof;

29. "Postsecondary institution" means a school licensed to teach students according to prescribed curriculum as in paragraph 1 of subsection G of Section 199.7 of this title and in Board rule 175:10-3-34(a);

30. "Public school" means any state-supported institution conducting a cosmetology program;

31. "Secondary institution" means a school licensed to teach students eligible for credit of five hundred (500) hours of related subjects as prescribed in paragraph 2 of subsection G of Section 199.7 of this title and in Board rule 175:10-3-34(b);

32. "Shampooing" means the practice of washing or cleaning hair by use of shampooing, conditioning, and drying, which may use topical agents including, but not limited to, balms, oils, and serums. Shampooing shall include the washing or cleaning of hair extensions, hair pieces, and wigs. Shampooing shall not include cutting hair or the application of dyes, bleach, reactive chemicals, keratin treatments, or other preparations for the coloring and altering of hair structure. Individuals solely practicing shampooing as defined in this paragraph shall not be required to hold a license or certification under the Oklahoma Cosmetology and Barbering Act; and

33. "Student" means a person who is enrolled in and attending a cosmetology or barbering school for the purpose of learning the practice of cosmetology or barbering.

Okla. Stat. tit. 59, § 199.1

Amended by Laws 2024, c. 282,s. 1, eff. 11/1/2024.

Amended by Laws 2018 , c. 62, s. 1, eff. 11/1/2018.

Amended by Laws 2014 , c. 260, s. 1, eff. 11/1/2014.

Amended by Laws 2013 , c. 229, s. 85, eff. 11/1/2013.

Added by Laws 1949, HB 129, p. 389, § 1, emerg. eff. 6/6/1949; Amended by Laws 1951, SB 158, p. 163, § 1, emerg. eff. 5/26/1951; Amended by Laws 1968, HB 1237, c. 313, §1, emerg. eff. 5/7/1968; Amended by Laws 1978, HB 1320, c. 259, § 1, eff. 1/1/1979; Amended by Laws 1979, HB 1234, c. 36, § 1 (repealed by Laws 1983, HB 1020, c. 259, §2, emerg. eff. 6/23/1983); Amended by Laws 1979, HB 1284, c. 216, § 1, emerg. eff. 7/1/1979; Amended by Laws 1994, SB 1010, c. 135, §1, eff. 9/1/1994; Amended by Laws 2000 , SB 513, c. 355, §2, emerg. eff. 7/1/2000.

This section is set out more than once due to postponed, multiple, or conflicting amendments.