§ 17-26-103 - Scope of chapter.
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; and
(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.
(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.