158.2 - PROHIBITION -- EXCEPTIONS.

        158.2  PROHIBITION -- EXCEPTIONS.
         A person shall not practice barbering with or without compensation
      unless the person possesses a license issued under the provisions of
      section 158.3.  A person licensed under section 158.3 shall not
      represent to the public that the person is primarily engaged in
      practices other than haircutting unless the functions are in fact the
      person's primary function or specialty.  Practices listed in section
      158.1 when performed by the following persons do not constitute
      barbering:
         1.  Licensed physicians and surgeons, osteopathic physicians and
      surgeons, nurses, dentists, podiatric physicians, optometrists,
      chiropractors, and physical therapists, when exclusively engaged in
      the practice of their respective professions.
         2.  Licensed practitioners of cosmetology arts and sciences as
      defined in section 157.1.
         3.  Students enrolled in licensed barber schools or schools of
      cosmetology arts and sciences who are practicing under the
      instruction or immediate supervision of an instructor.
         4.  Persons who, without compensation, perform any of the
      practices on an emergency basis or on a casual basis.
         5.  Employees and residents of hospitals, health care facilities,
      orphans' homes, juvenile homes, and other similar facilities who
      shampoo, arrange, dress, or curl the hair of any resident, or who
      shave or trim the beard of any resident, without receiving direct
      compensation from the person receiving the service.
         6.  Persons who perform any of the practices listed in section
      158.1 on themselves or on a member of the person's immediate family.

         7.  Offenders committed to the custody of the director of the
      department of corrections who cut the hair or trim or shave the beard
      of any other offender within a correctional facility, without
      receiving direct compensation from the person receiving the service.
      
         Section History: Early Form
         [C27, 31, 35, § 2585-b12; C39, § 2585.26; C46, 50, 54, 58, 62,
      66, 71, 73, 77, 79, 81, § 158.2] 
         Section History: Recent Form
         92 Acts, ch 1205, § 18; 96 Acts, ch 1034, § 68; 2005 Acts, ch 174,
      §20; 2008 Acts, ch 1088, §141; 2009 Acts, ch 133, §66