43-04 Barbers
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<![CDATA[CHAPTER 43-04BARBERS43-04-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Board" means the board of barber examiners.2."Practice of barbering" includes any one or any combination of the following<br>practices when done upon the upper part of the human body for cosmetic purposes<br>and not for the treatment of diseases or physical or mental ailments, and when done<br>for payment either directly or indirectly:a.Shaving or trimming the beard or cutting the hair.b.Giving facial or scalp massages or treatments with oils, creams, lotions, or<br>other preparations either by hand or mechanical appliances.c.Singeing, shampooing, or dyeing the hair or applying hair tonics.d.Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to<br>scalp, face, neck, or upper part of the body.43-04-02. Declaration of policy. It is hereby declared that the practice of barbering, byreason of the personal contacts exercised therein, is a business affecting the public health, public<br>welfare, and public safety, that immediate public supervision and control of said occupation in the<br>exercise of the police power of this state and in accordance with the proper standards of said<br>profession, are necessary to the protection and preservation of the public health, public safety,<br>and public welfare, and that this chapter is enacted in the exercise of the police power of this<br>state to protect the public welfare, public health, and public safety.43-04-03. Exemptions. The following persons, when engaged in the proper dischargeof their occupational duties, are exempt from the provisions of this chapter:1.Persons authorized by the laws of this state to practice medicine and surgery.2.Commissioned medical or surgical officers of the United States army, navy, air force,<br>or marine hospital service.3.Registered nurses.4.Registered hairdressers and cosmetologists.The persons exempt by subsections 1, 2, and 3 may not shave nor trim the beard nor cut the hair<br>of any person for cosmetic purposes.43-04-04.Board of barber examiners - Appointment - Term of office -Qualifications. The board of barber examiners must consist of three members, each of whom<br>must be appointed by the governor for a term of three years. The terms of office of the members<br>must be so arranged that one term expires on the thirty-first day of December of each year.<br>Each appointment must be made from a list of five names submitted to the governor by the state<br>barber association, and each member must be a registered barber who has followed the<br>occupation of barber in this state for at least five years prior to that member's appointment.43-04-05. Oath of office - How vacancies filled - Removal. Each member of theboard shall qualify by taking the oath required for civil officers. A vacancy on the board must be<br>filled by appointment by the governor for the unexpired term. Such appointment must be made<br>from the list of five names submitted to the governor by the state barber association from whichPage No. 1the original appointment was made. A member of the board may be removed by the governor<br>for cause.43-04-06. Officers of board - Power to administer oath - Bond. The members of theboard shall elect from their number a president, vice president, and secretary-treasurer. The<br>secretary-treasurer of the board must be bonded for the faithful discharge of duties in the penal<br>sum of five thousand dollars.The secretary-treasurer and the president of the board mayadminister oaths.43-04-07.Compensation - Expenses - How paid.Each member of the board isentitled to receive daily compensation for actual services in an amount not to exceed sixty-two<br>dollars and must be paid for actual expenses, as provided by law, incurred in attending meetings<br>of the board and in performing official duties. All funds collected or received by the board must<br>be deposited and disbursed in accordance with section 54-44-12.43-04-08. Expenses - How paid. Repealed by S.L. 1971, ch. 510, </p>
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