<section number="58-11a-304"><effdate>5/1/2024</effdate><enddate type="SC">1/1/2026</enddate><catchline>Exemptions from licensure.</catchline><tab/>In addition to the exemptions from licensure in Section <xref depth="3" refnumber="58-1-307">58-1-307</xref>, the following persons may engage in the practice of barbering, cosmetology/barbering, hair design, esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow technology without being licensed under this chapter:<subsection number="58-11a-304(1)">a person licensed under the laws of this state to engage in the practice of medicine, surgery, osteopathy, or chiropractic when engaged in the practice of the profession for which they are licensed;</subsection><subsection number="58-11a-304(2)">a commissioned physician or surgeon serving in the armed forces of the United States or another federal agency;</subsection><subsection number="58-11a-304(3)">a registered nurse, undertaker, or mortician licensed under the laws of this state when engaged in the practice of the profession for which the person is licensed;</subsection><subsection number="58-11a-304(4)">a person who visits the state to engage in instructional seminars, advanced classes, trade shows, or competitions of a limited duration;</subsection><subsection number="58-11a-304(5)">a person who engages in the practice of barbering, cosmetology/barbering, hair design, esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow technology without compensation;</subsection><subsection number="58-11a-304(6)">a person instructing an adult education class or other educational program directed toward persons who are not licensed under this chapter and that is not intended to train persons to become licensed under this chapter, provided:<subsection number="58-11a-304(6)(a)">an attendee receives no credit toward educational requirements for licensure under this chapter;</subsection><subsection number="58-11a-304(6)(b)">the instructor informs each attendee in writing that taking such a class or program will not certify or qualify the attendee to perform a service for compensation that requires licensure under this chapter; and</subsection><subsection number="58-11a-304(6)(c)"><subsection number="58-11a-304(6)(c)(i)">the instructor is properly licensed; or</subsection><subsection number="58-11a-304(6)(c)(ii)">the instructor receives no compensation;</subsection></subsection></subsection><subsection number="58-11a-304(7)">a person providing instruction in workshops, seminars, training meetings, or other educational programs whose purpose is to provide continuing professional development to licensed barbers, cosmetologists/barbers, hair designers, estheticians, master estheticians, electrologists, or nail technicians;</subsection><subsection number="58-11a-304(8)">a person enrolled in a licensed barber, cosmetology/barber, or hair design school when participating in an on the job training internship under the direct supervision of a licensed barber, cosmetologist/barber, or hair designer upon completion of a basic program under the standards established by rule by the division in collaboration with the board;</subsection><subsection number="58-11a-304(9)">a person enrolled in an approved apprenticeship pursuant to Section <xref depth="3" refnumber="58-11a-306">58-11a-306</xref>;</subsection><subsection number="58-11a-304(10)">an employee of a company that is primarily engaged in the business of selling products used in the practice of barbering, cosmetology/barbering, hair design, esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow technology when demonstrating the company's products to a potential customer, provided the employee makes no representation to a potential customer that attending such a demonstration will certify or qualify the attendee to perform a service for compensation that requires licensure under this chapter;</subsection><subsection number="58-11a-304(11)">a person who:<subsection number="58-11a-304(11)(a)">is qualified to engage in the practice of barbering, cosmetology/barbering, hair design, esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow technology in another jurisdiction as evidenced by licensure, certification, or lawful practice in the other jurisdiction;</subsection><subsection number="58-11a-304(11)(b)">is employed by, or under contract with, a motion picture company; and</subsection><subsection number="58-11a-304(11)(c)">engages in the practice of barbering, cosmetology/barbering, hair design, esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow technology in the state:<subsection number="58-11a-304(11)(c)(i)">solely to assist in the production of a motion picture; and</subsection><subsection number="58-11a-304(11)(c)(ii)">for no more than 120 days per calendar year;</subsection></subsection></subsection><subsection number="58-11a-304(12)">a person who:<subsection number="58-11a-304(12)(a)">engages in hair braiding; and</subsection><subsection number="58-11a-304(12)(b)">unless it is expressly exempted under this section or Section <xref depth="3" refnumber="58-1-307">58-1-307</xref>, does not engage in other activity requiring licensure under this chapter; and</subsection></subsection><subsection number="58-11a-304(13)">a person who:<subsection number="58-11a-304(13)(a)">dries, styles, arranges, dresses, curls, hot irons, shampoos, or conditions hair;</subsection><subsection number="58-11a-304(13)(b)">does not cut the hair;</subsection><subsection number="58-11a-304(13)(c)">does not apply dye to alter the color of the hair;</subsection><subsection number="58-11a-304(13)(d)">does not apply reactive chemicals to straighten, curl, or alter the structure of the hair;</subsection><subsection number="58-11a-304(13)(e)">unless it is expressly exempted under this section or Section <xref depth="3" refnumber="58-1-307">58-1-307</xref>, does not engage in other activity requiring licensure under this chapter;</subsection><subsection number="58-11a-304(13)(f)">provides evidence to the division that the person has received a hair safety permit from completing a hair safety program that:<subsection number="58-11a-304(13)(f)(i)">is approved by the division;</subsection><subsection number="58-11a-304(13)(f)(ii)">consists of no more than two hours of instruction;</subsection><subsection number="58-11a-304(13)(f)(iii)">is offered by a provider approved by the division; and</subsection><subsection number="58-11a-304(13)(f)(iv)">includes an examination that requires a passing score of 75%; and</subsection></subsection><subsection number="58-11a-304(13)(g)">displays in a conspicuous location in the person's place of business:<subsection number="58-11a-304(13)(g)(i)">a valid hair safety permit as described in Subsection (13)(f); and</subsection><subsection number="58-11a-304(13)(g)(ii)">a sign notifying the public that the person's services are not provided by an individual who has a license under this chapter.</subsection></subsection></subsection></section>