In this chapter: 1. "Ablative esthetic procedure" means an esthetic procedure to excise, vaporize, disintegrate, or remove living tissue. Ablative procedures may not be performed by cosmetologists, estheticians, advanced estheticians, or manicurists. 2. "Advanced esthetician" means an individual who practices advanced esthetics and esthetics. 3. "Advanced esthetics" means the practice of advanced cosmetic preparations or procedures using the hands or a mechanical or electronic apparatus for esthetic purposes. a. The term includes: (1) Advanced chemical peels; (2) Microneedling; (3) Nonablative procedures; and (4) Extractions using lancets. b. The term does not include: (1) Procedures to treat a medical, physical, or mental ailment; or (2) Ablative esthetic procedures. 4. "Apprentice" means an individual who is: a. At least sixteen years of age; b. Employed in an apprenticeable occupation; and c. Registered in North Dakota by the office of apprenticeship of the United States department of labor. 5. "Apprentice program" means a program registered with the office of apprenticeship of the United States department of labor, meeting the terms and conditions for qualifications, recruitment, selection, employment, and training of apprentices, including the requirement for a written apprenticeship agreement between an apprentice and an active licensee in an active licensed establishment in accordance with the rules adopted by the board. 6. "Apprentice trainer" means an individual who trains an apprentice in an approved apprenticeship program and who is approved by rule of the board. 7. "Approved apprenticeship establishment" means an establishment approved by rule of the board. 8. "Board" means the state board of cosmetology. 9. "Cosmetologist" means an individual licensed under this chapter to practice cosmetology. 10. "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; (2) Esthetics; (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; and (5) Manicuring. b. The term does not include natural hair braiding or threading. 11. "Esthetician" means an individual licensed under this chapter to practice esthetics. 12. "Esthetics" means the practice of a variety of services to beautify or improve the appearance of the skin. a. The term includes: (1) Beautifying, massaging, cleansing, or stimulating the skin of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions, or creams; (2) Use of a device to care for the skin, including microdermabrasion, dermaplanning, or high frequency; (3) Cosmetic peels using a concentration of less than: (a) Thirty percent alpha hydroxy acid; (b) Twenty percent beta hydroxy acid; (c) Fifteen percent resorcinol; or (d) Fifteen percent trichloroacetic acid; (4) Application of cosmetics, eyelashes, or eyelash extensions; (5) Perming, laminating, tinting, or lightening eyebrows, eyelashes, or other hair on the body; or (6) Depilating, tweezing, shaving, sugaring, or waxing hair from the body. b. The term does not include: (1) Any procedure invading living tissue below the stratum corneum layer of the epidermis by any means; (2) Threading hair removal; or (3) Advanced esthetic procedures. 13. "Independent licensee" means a licensed individual who maintains a separate license and practices cosmetology, manicuring, esthetics, or advanced esthetics at a location within, but separate, from a cosmetology establishment. The licensee must abide by the same provisions of this chapter as an establishment. 14. "Instructor" means an individual who is a licensed cosmetologist, esthetician, advanced 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. 15. "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; and d. The application and removal of sculptured or otherwise artificial nails by hand or with mechanical or electrical apparatus or appliances. 16. "Manicurist" means an individual licensed under this chapter to practice manicuring. 17. "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. 18. "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. 19. "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. 20. "Natural hair braiding" means hair manipulation that results in tension on hair strands by beading, braiding, cornrowing, extending, lacing, locking, sewing, twisting, weaving, or wrapping human hair, natural fibers, synthetic fibers, and hair extensions into a variety of shapes, patterns, and textures by hand or by using simple hair braiding devices. a. The term includes: (1) The making of wigs from natural hair, natural fibers, synthetic fibers, and hair extensions; (2) The use of topical agents, such as conditioners, gels, moisturizers, oils, pomades, and shampoos; and (3) The maintenance of natural hair braids. b. The term does not include the use of penetrating chemical hair treatments, chemical hair coloring agents, chemical hair straightening agents, chemical hair joining agents, permanent wave styles, or chemical hair bleaching agents applied to growing human hair. c. For purposes of this section, "simple hair braiding devices" means clips, combs, curlers, curling irons, hairpins, rollers, scissors, needles, thread, and hair binders, including adhesives, required for hair braiding. 21. "Nonablative esthetic procedure" means the use of a laser, light, or energy device for the purpose of skin rejuvenation, body contouring, dyschromia reduction, cellulite reduction, hair removal, hair reduction, or tattoo removal and is not intended to excise, vaporize, disintegrate, or remove living tissue. 22. "Noninvasive care" means procedures or services limited to nonliving cells in the stratum corneum layer of the epidermis. 23. "Salon" means an establishment in a fixed location, not used as sleeping or living quarters, licensed under this chapter where cosmetology services are provided. 24. "School" means an establishment operated for the purpose of teaching cosmetology , esthetics, advanced esthetics, or manicuring. 25. "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. 26. "Student instructor" means a cosmetologist , esthetician, advanced 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. 27. "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. 28. "Tuition" means the total cost of an individual's cosmetology studies, and does not include books or demonstration kits.
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