21.8081.01000
Sixty-seventh
Legislative Assembly SENATE BILL NO. 2092
of North Dakota
Introduced by
Industry, Business and Labor Committee
(At the request of the State Board of Cosmetology)
1 A BILL for an Act to create and enact section 43-11-25.1 of the North Dakota Century Code,
2 relating to international applicants for licensure; to amend and reenact sections 43-11-01,
3 43-11-02, 43-11-11, 43-11-11.1, 43-11-12, 43-11-13, 43-11-14, 43-11-15, 43-11-16, 43-11-17,
4 43-11-19, 43-11-20.1, 43-11-20.4, 43-11-21, 43-11-22, 43-11-23, 43-11-24, 43-11-25, 43-11-26,
5 43-11-27, 43-11-27.1, 43-11-28, 43-11-29, 43-11-30, 43-11-31, 43-11-33, 43-11-34, and
6 43-11-35 of the North Dakota Century Code, relating to the practice and licensure of
7 cosmetologists, estheticians, and manicurists; to repeal sections 43-11-13.1, 43-11-13.2, and
8 43-11-20 of the North Dakota Century Code, relating to master esthetician and master
9 manicurist licensure, homebound licensure, and student practice; and to provide a penalty.
10 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11 SECTION 1. AMENDMENT. Section 43-11-01 of the North Dakota Century Code is
12 amended and reenacted as follows:
13 43-11-01. Definitions.
14 In this chapter, unless the context or subject matter otherwise requires:
15 1. "Board" means the state board of cosmetology.
16 2. "Booth space" means that part of a licensed salon operated independently by an
17 individual licensed under this chapter.
18 3. "Cosmetologist" means an individual licensed under this chapter to practice
19 cosmetology.
20 4.3. "Cosmetology" means any one or a combination of practices generally and usually
21 performed by and known as the occupation of beauty culturists or cosmeticians or
22 cosmetologists or hairdressers, or of any other personindividual holding out as
23 practicing cosmetology by whatever designation and within the meaning ofunder this
24 chapter and in and upon whatever place or premises.
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1 a. The term includes the following or any one or a combination of these practices:
2 (1) Hair care, including arranging, dressing, curling, waving, permanent waving,
3 cleansing, cutting, shaving, trimming, singeing, bleaching, coloring,
4 straightening, or similar work, upon the hair of any individual by any means
5 or with hands or mechanical or electrical apparatus or appliances, or by the
6 use of cosmetic preparations, antiseptics, tonics, lotions, creams, or
7 otherwise, massaging, cleansing, stimulating, manipulating, exercising,
8 performing noninvasive hair removal, beautifying, or similar work on the
9 body, manipulation of eyelashes, or manicuring the nails of any individual;
10 (2) Skin care;
11 (3) Manipulation and application of product to eyelashes and eyebrows,
12 including extensions, design, treatment, tinting, and lightening;
13 (4) Hair extensions using chemical hair joint agents, such as synthetic tape,
14 keratin bonds, or fusion bonds; and
15 (5) Manicuring.
16 b. The term does not include natural hair braiding or threading.
17 5. "Cosmetology salon" includes that part of any building in which the occupation of a
18 cosmetologist is practiced.
19 6.4. "Esthetician" means an individual who is licensed by the board to engage in theunder
20 this chapter to practice ofesthetics and skin care.
21 7. "Homebound" means an individual who is ill, disabled, or otherwise unable to travel to
22 a salon.
23 8.5. "Esthetics" means manipulation and application of product to eyelashes and
24 eyebrows, including extensions, design, treatment, tinting, and lightening and skin
25 care.
26 6. "Independent licensee" is a licensed individual who maintains a separate salon license
27 and operates independently from the establishment owner in which the individual's
28 suite or chair is located.
29 7. "Instructor" means an individual who is at least eighteen years old, who is a licensed
30 cosmetologist, esthetician, or manicurist who teaches cosmetology, esthetics,
31 manicuring, or anyother practices taughtwithin the scope of the individual's license, in
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1 a duly registered school of cosmetology, and who has met the requirements of section
2 43-11-27 and has applied for and received an instructor's license.
3 9.8. "Invasive care" means any procedure that invades the live tissue of the dermis,
4 including by any means, including cutting, puncturing, burning, insertion of
5 instruments, and includes:
6 a. Laser use; and
7 b. Chemical peels using:
8 (1) Thirty percent or higher concentration of alpha hydroxy acid;
9 (2) Twenty percent or higher concentration of beta hydroxy acid;
10 (3) Two percent or higher concentration of resorcinol;
11 (4) Fifteen percent or higher concentration of trichloroacetic acid (TCA); or
12 (5) Fifteen percent or higher concentration of phenol.
13 10.9. "Manicuring" means the cleansing:
14 a. Cleansing, cutting, shaping, or beautifying, or massaging of the hands, feet, or
15 nails;
16 b. Massaging from the elbow to the fingertips or knee to toes of any individual;
17 c. Caring for and treating the cuticles and nails; and
18 d. The application and removal of sculptured or otherwise artificial nails by hand or
19 with mechanical or electrical apparatus or appliances.
20 11.10. "Manicurist" means an individual who is licensed by the board to engage in theunder
21 this chapter to practice of manicuring.
22 12.11. "Master cosmetologist" means an individual who has met the requirements of section
23 43-11-26 and has applied for and received a managingmaster cosmetologist license.
24 13.12. "Master esthetician" means an individual who has met the requirements of section
25 43-11-26 and has applied for and received a master esthetician license.
26 13. "Master manicurist" means an individual who has met the requirements of section
27 43-11-26 and has applied for and received a master manicuring license.
28 14. "Mechanical device" means a clip, comb, crochet hook, curler, curling iron, hairpin,
29 roller, scissors, blunt-tipped needle, thread, and hair binder.
30 14.15. "Natural hair braiding" means the service of twisting, wrapping, weaving, extending,
31 locking, or braiding hair by hand or with a mechanical device. Natural hair braiding is
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1 commonly known as "African-style hair braiding" but is not limited to any particular
2 cultural, ethnic, racial, or religious forms of hairstyles.
3 a. The term includes:
4 (1) The use of natural or synthetic hair extensions, natural or synthetic hair and
5 fibers, and decorative beads and other hair accessories;
6 (2) Minor trimming of natural hair or hair extensions incidental to twisting,
7 wrapping, weaving, extending, locking, or braiding hair;
8 (3) The making of wigs from natural hair, natural fibers, synthetic fibers, and
9 hair extensions; and
10 (4) The use of topical agents, such as conditioners, gels, moisturizers, oils,
11 pomades, and shampoos, in conjunction with performing services under
12 paragraph 1 or 2.
13 b. The term does not include:
14 (1) The application of dyes, reactive chemicals, or other preparations to alter
15 the color of the hair or to straighten, curl, or alter the structure of the hair; or
16 (2) The use of chemical hair joining agents, such as synthetic tape, keratin
17 bonds, or fusion bonds.
18 15.16. "Noninvasive care" includes treatments confined to the nonliving cells of the stratum
19 corneum of the epidermis. Noninvasive care must be in a superficial mode and not for
20 the treatment of medical disorders, and living cells may not be altered, cut, or
21 damaged.
22 17. "Salon" means an establishment in a fixed location, not used as sleeping or living
23 quarters, licensed under this chapter where cosmetology services are provided.
24 18. "School of cosmetology" means an establishment operated for the purpose of teaching
25 cosmetology.
26 16.19. "Skin care" means the use of cosmetic preparations, antiseptics, tonics, lotions,
27 creams, or otherwise, massaging, cleansing, stimulating, manipulating, performing
28 noninvasive hair removal, including waxing and tweezing; beautifying, or similar
29 noninvasive care and work on the body of any personindividual. The term does not
30 include invasive care or threading.
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1 17.20. "Student" means any personindividual who is engaged in the learning or acquiring of
2 any or all the practices of cosmetology and while so learning, performs or assists in
3 any of the practices of cosmetology in any school registered or licensed and under the
4 immediate supervision of an instructor licensed as such under this chapter.
5 18.21. "Student instructor" means a cosmetologist, esthetician, or manicurist who is receiving
6 instruction in teacher's training within the scope of the individual's license in a duly
7 registered school of cosmetology.
8 19.22. "Threading" means the method of removing hair from the eyebrows, upper lip, or other
9 body part by using cotton thread to pull hair from follicles.
10 a. The term may include the use of an over-the-counter astringent, gel, and powder,
11 tweezers, and scissors, incidental to the removal of hair by threading.
12 b. The term does not include the use of chemicals, heat, or any type of wax.
13 20.23. "Tuition" means the total cost of a person'san individual's cosmetology studies, and
14 does not include books or demonstration kits.
15 SECTION 2. AMENDMENT. Section 43-11-02 of the North Dakota Century Code is
16 amended and reenacted as follows:
17 43-11-02. Exemptions from provisions of chapter.
18 This chapter does not apply to:
19 1. Services in case of emergency.
20 2. Services provided by personsindividuals practicing cosmetology upon members of
21 theirthe individual's immediate families.
22 3. Services by a person licensed by the state and working within the standards and
23 ethics of that person's profession, if that person does not represent to the public that
24 the person is a cosmetologist or manicurist.
25 4.2. Services by nurses, undertakers, and morticians lawfully engaged in the performance
26 of the usual and ordinary duties of their vocation.
27 5.3. Educational activities conducted in connection with any regularly scheduled meeting or
28 any educational activities of any bona fide association of licensed cosmetologists,
29 estheticians, or manicurists from which the general public is excluded. For purposes of
30 this subsection, a "bona fide association of cosmetologists" means any organization
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1 whose constitution, bylaws, or membership rules establish within said organization a
2 class of membership consisting of licensed cosmetologists.
3 6.4. Services provided by retailers or their sales personnel trained in the demonstration of
4 cosmetics application if the cosmetics are applied only with disposable applicators that
5 are discarded after each customer demonstration. The board may adopt rules to
6 ensure sanitary conditions for services provided under this exemption.
7 7.5. Services provided in a licensed hospital or a nursing home by a personan individual
8 practicing cosmetology on a volunteer basis without compensation or by a nurse's
9 assistant.
10 8.6. Skin care provided by a licensed cosmetologist or esthetician outside of a licensed
11 salon if the services are being provided under the supervision, control, and
12 responsibility of a physician or physician assistant practicing within the scope of the
13 physician's or physician assistant's license under chapter 43-17, or nurse practicing
14 within the scope of the nurse's license under chapter 43-12.1.
15 SECTION 3. AMENDMENT. Section 43-11-11 of the North Dakota Century Code is
16 amended and reenacted as follows:
17 43-11-11. Sanitary rulesRules of cleaning and disinfecting - Practice outside salon.
18 The board with the approval of the state department of health shall adopt sanitary rules of
19 cleaning and disinfecting necessary to prevent the creating and spreading of infectious and
20 contagious diseases. A cosmetology salon must be at a fixed location and may not be used for
21 living or sleeping quarters. A cosmetologist or, esthetician, or manicurist may practice outside of
22 the establishment under the direction and control of a master cosmetologist or master
23 esthetician thereofa licensed salon under rules adopted by the board. The board shall inspect
24 salons to assure compliance with the rules of cleaning and disinfecting.
25 SECTION 4. AMENDMENT. Section 43-11-11.1 of the North Dakota Century Code is
26 amended and reenacted as follows:
27 43-11-11.1. Use of brush rollers authorized.
28 A personAn individual licensed under this chapter may use brush rollers in the performance
29 of cosmetology and hairdressing or hairsetting services if the rollers are cleaned and
30 sanitizeddisinfected after each use in conformity with rules adopted by the board.
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1 SECTION 5. AMENDMENT. Section 43-11-12 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 43-11-12. Persons to aidEmployees of board.
4 The board may employ a secretary, support staff, and other personsindividuals
5 knowledgeable in cosmetology for conducting examinations, inspections, and investigations of
6 personslicensees regulated byunder this chapter. Any personindividual employed by the board
7 is entitled to receive expenses in the amounts payable under sections 44-08-04 and 54-06-09.
8 SECTION 6. AMENDMENT. Section 43-11-13 of the North Dakota Century Code is
9 amended and reenacted as follows:
10 43-11-13. License required.
11 No person in this state mayAn individual may not:
12 1. Advertise, engage in, or attempt to engage in the occupation of cosmetology,
13 manicuring, or skin care,; nor conduct a cosmetology salon or booth or school of
14 cosmetology, unless having first obtained a license.
15 2. Employ an unlicensed individual to perform cosmetology unless otherwise provided
16 under this chapter.
17 SECTION 7. AMENDMENT. Section 43-11-14 of the North Dakota Century Code is
18 amended and reenacted as follows:
19 43-11-14. Licenses - Board to issue - Form - Displayed.
20 The board may issue all licenses provided for inunder this chapter. Each license issued
21 must be signed:
22 1. Signed by the secretary of the board and attested;
23 2. Attested by the seal of the board. A license is evidence that the person is entitled to
24 follow all of the practices or occupations referred to in the license. A license must be
25 displayed conspicuously in the principal office, place of business, or place of
26 employment of the licenseholder; and
27 3. Displayed in clear view to the public where services are being provided.
28 SECTION 8. AMENDMENT. Section 43-11-15 of the North Dakota Century Code is
29 amended and reenacted as follows:
30 43-11-15. Salon ownership and operation.
31 1. A salon may be owned by any person authorized to do business in this state.
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1 a. A cosmetology salon must be operated and supervised by a master
2 cosmetologist. A manicuring salon must be operated and supervised by a master
3 cosmetologist or master manicurist.
4 b. A salon providing only skin care or esthetics must be operated and supervised by
5 a master cosmetologist or master esthetician.
6 c. A manicuring salon must be supervised by a master cosmetologist or master
7 manicurist.
8 2. The boa