[§439A-2]  Definitions.  As used in this chapter:

     "Adequate sanitary facilities" means toilets located in properly ventilated rooms with doors, hot and cold running water, sinks or wash basins, and other requirements as may be prescribed by rule of the board.

     "Apprentice permit" means a permit issued by the board, upon registration and payment of application and registration fees, to a barber apprentice or beauty apprentice.

     "Barber" means a person licensed in the State to engage in the practice of barbering for compensation.

     "Barber apprentice" means a person registered with the board to learn the practice of barbering within a barber shop or beauty shop and while learning assists in the practice of barbering under the immediate direction and supervision of a barber or beauty operator with the license category of cosmetologist or hairdresser for the hairdresser portion of training.

     "Barber school" means a school duly licensed by the department of education and engaged in teaching the practice of barbering.

     "Barber shop" means an establishment or a place of business licensed in the State that engages in or carries on the practice of barbering as the primary purpose of that establishment or place of business; provided that the practice of cosmetology is allowed.

     "Barber student" means a person enrolled in a barber school who is learning to be a barber and while learning assists in the practice of barbering.

     "Beauty apprentice" means a person registered with the board to learn the practice of cosmetology within a barber shop or beauty shop and while learning assists in any of the practices of cosmetology under the immediate direction and supervision of a barber or beauty operator.

     "Beauty instructor" means a person licensed in the State who teaches the practice of cosmetology.  "Beauty instructor" does not include a beauty operator who teaches a barber apprentice or beauty apprentice in a barber shop or beauty shop.

     "Beauty operator" means one of the following license categories: cosmetologist, hairdresser, esthetician, or nail technician.

     "Beauty school" means a school licensed in the State to engage in teaching the practice of cosmetology.

     "Beauty shop" means an establishment or a place of business licensed in the State that engages in or carries on the practice of cosmetology as the primary purpose of that establishment or place of business; provided that the practice of barbering is allowed.

     "Beauty student" means a person enrolled in a beauty school who is learning to be a beauty operator and while learning assists in any of the practices of cosmetology.

     "Board" means the board of barbering and cosmetology as established pursuant to section 439A-4.

     "Cosmetologist" means a licensed person who engages in the practices of a hairdresser, esthetician, and nail technician for compensation.

     "Department" means the department of commerce and consumer affairs.

     "Director" means the director of commerce and consumer affairs.

     "Esthetician" means a person licensed in the State who, with hands or nonmedically prescribed mechanical or electrical apparatus or devices or by use of cosmetic preparations, antiseptics, tonics, lotions, or creams, engages for compensation in any of the following practices:

     (1)  Massaging, cleansing, stimulating, manipulating, exercising, beautifying, or doing similar work on the scalp, face, neck, hands, arms, bust, upper part of the body, legs, or feet;

     (2)  Cleansing, exfoliating, wrapping, or doing similar work upon the entire body, without direct contact by the hands and utilizing gloves, loofah mitts, or brushes; or

     (3)  Removing superfluous hair about the body of any person by means other than electrolysis.

     "Hairdresser" means a person licensed in the State who engages for compensation in any of the following practices: arranging, dressing, curling, waving, cleansing, cutting, singeing, bleaching, coloring, relaxing, or similar work upon the hair of another person.

     "Nail technician" means a person licensed in the State who engages for compensation in any of the following practices:

     (1)  Cutting, trimming, polishing, coloring, cleansing, or otherwise treating a person's fingernails and toenails;

     (2)  Applying artificial fingernails and toenails; and

     (3)  Massaging and cleansing a person's hands, arms, legs, and feet.

     "Practice of barbering" means any of the following practices: shaving, cutting, trimming, singeing, shampooing, arranging, dressing, curling, waving, relaxing, or coloring the hair or beard or applying tonics or other preparation thereto; massaging, cleansing, or applying oils, creams, lotions, or other preparation to the face, scalp, or neck, either by hand or by mechanical appliances.

     "Practice of cosmetology", also known as beauty culture, means the art and science of beauty care of the skin, hair, scalp, and nails, and includes any one or a combination of the beauty operator license categories if they are performed on a person's head, face, neck, shoulders, arms, hands, bust, upper part of the body, legs, or feet for cosmetic purposes.

     "Temporary permit" means a permit allowing an applicant approved for examination to practice as a barber, beauty operator, or beauty instructor under the supervision of a barber, beauty operator, or beauty instructor for one year after the permit's date of issuance. [L 2022, c 73, pt of §1]