Title 43 — Occupations and Professions

In this chapter: 1. "Ablative esthetic procedure" means an esthetic procedure to excise, vaporize, disintegrate, or remove living tissue. Ablative procedures may not be performed by cosmetologists, estheticians, advanced estheticians, or manicurists. 2. "Advanced esthetician" mea…

This chapter does not apply to: 1. Services provided by individuals practicing cosmetology upon members of the individual's immediate families. 2. Services by nurses, undertakers, and morticians lawfully engaged in the performance of the usual and ordinary duties of their vocatio…

The state board of cosmetology consists of seven members appointed by the governor for three years each, with their terms of office so arranged that no more than three terms expire on June thirtieth of each year. Each member shall qualify by taking the oath required of civil offi…

Each member of the board must be an eligible voting resident of this state and have at least three years of practical experience in the occupation. The board must consist of at least three licensed cosmetologists and one licensed cosmetology instructor, secondary teacher, or post…

1. The members of the board annually shall elect a president and a secretary from the members of the board. 2. The president and the secretary may administer oaths. 3. The board shall: a. Adopt and enforce rules to administer this chapter after collaborating with affected parties…

Each appointed member of the board is entitled to receive compensation in an amount determined by the board by rule, for services rendered in the performance of the member's duties under this chapter. Expenses incurred by a board member in the performance of an official function …

Before entering upon the discharge of duties, the secretary of the board must be bonded for the faithful discharge of duties in the amount of five thousand dollars, and the premium for the bond must be paid out of the funds received by the board. The bond and oath of office must …

The board shall meet at least every other month at times determined by the board. The board shall publish annually the time and place of its regularly scheduled meetings. A majority of the members constitutes a quorum.

Repealed by S.L. 1971, ch. 510, § 15.

The secretary of the board shall keep a record of the board's proceedings and a register of applicants for licensure showing the name of the applicant, the name and location of the applicant's place of occupation or business, and whether the applicant was granted or refused a lic…

Material changes to the practice act must be brought to the board before enactment.

The board with the approval of the department of health and human services shall adopt rules of cleaning and disinfecting necessary to prevent the creating and spreading of infectious and contagious diseases. A cosmetologist, esthetician, advanced esthetician, or manicurist may p…

Repealed by S.L. 2025, ch. 386, § 36.

The board may employ support staff and other individuals knowledgeable in cosmetology for conducting examinations, inspections, and investigations of licensees regulated under this chapter. Any individual employed by the board is entitled to receive expenses in the amounts payabl…

An individual may not: 1. Advertise, engage in, or attempt to engage in the practice of cosmetology, esthetics, advanced esthetics, or manicuring, or conduct an establishment or school of cosmetology unless having first obtained the proper license. 2. Employ an unlicensed individ…

Repealed by S.L. 2021, ch. 309, § 31.

Repealed by S.L. 2021, ch. 309, § 31.

The board may issue all licenses provided for under this chapter. Each license issued must be: 1. Signed by the secretary of the board; 2. Attested by the seal of the board; and 3. Displayed in clear view to the public.

1. An establishment may be owned by any person authorized to do business in this state. 2. The board shall determine the qualifications by rule for licensure and license fees for an establishment. 43-11-15.1. Exemption from licensing requirement - Licensed nursing homes, basic ca…

1. A license must be granted to a school upon application to the board and payment of the license fee if the school: a. Is operated and maintained in premises separate from an establishment; b. Requires training and instruction to be a minimum of: (1) One thousand five hundred ho…

1. The board may establish internships, apprenticeship programs, and rules related to the licensure and discipline of interns and apprentices practicing in programs established under this section. Apprenticeship programs allow for direct entry of individuals into an approved trai…

1. A student must: a. Adhere to the laws and rules regarding the practice of cosmetology; b. Be at least sixteen years old; c. Complete at least a tenth grade education or equivalent; and d. Have enrolled in a school of cosmetology and complied with the preliminary requirements o…

Repealed by S.L. 2021, ch. 309, § 31.

Schools of cosmetology shall refund tuition and other charges paid by or on behalf of a student when written notice of cancellation is given by the student. Refunds must be made in accordance with the following schedule: Tuition Hours Retained Enrolled By School 0.0% - 4.9% 20% 5…

No school of cosmetology may negotiate any promissory instrument received as payment for tuition or other charges prior to the completion of one-half of the course of instruction offered by the school.

Any person has the unrestricted right to rescind, revoke, or cancel a contract for a course of instruction at any school after entering into the contract without incurring any tort or contract liability. 43-11-20.4. Exemption from postsecondary license requirement - Solicitor's p…

The qualifications of applicants for admission to examination for registration and for certification or licensure to practice under this chapter must be determined by the board. The board may delegate authority under this section to support staff.

The examination of applicants for license to practice under this chapter must be conducted under rules adopted by the board and must include practical and theoretical examinations on the practices for which a license is desired and related studies or subjects as the board may det…

1. As used in this section, "issuing jurisdiction" means the duly constituted authority in another state, territory, foreign country, or province that issued a license to an individual. 2. The board shall issue a license to a cosmetologist, esthetician, advanced esthetician, or m…

1. An applicant with training and credentials outside of the United States shall submit, at the applicant's own expense, qualifications, credentials, and work experience for review to a credentialing agency approved by the board. 2. Failure to have a review completed by the above…

1. A cosmetologist or esthetician licensed in this state with practical experience of at least one year immediately preceding January 1, 2026, may apply for an advanced esthetician license until December 31, 2027, if the applicant: a. Completes a board-approved four-hour safety a…

Repealed by S.L. 2025, ch. 386, § 36. 43-11-27.2. Scope of practice - Noninvasive care limitation - Advanced esthetic exception. 1. The practice of cosmetology, manicuring, or esthetics is limited to noninvasive care. A cosmetologist, manicurist, or esthetician may not alter, cut…

1. The board shall determine the qualifications for licensure of cosmetologists, estheticians, advanced estheticians, manicurists, instructors, establishments, independent licensees, and schools, and may issue licenses upon approval. 2. Fees to be paid by applicants as required u…

1. A license issued by the board expires on December thirty-first. If the application for renewal is not received on or before the expiration date, the license expires. 2. The board may renew a license if: a. An application for renewal is submitted as provided by the board; b. Th…

1. An establishment license issued by the board expires annually on December thirty- first. If the application for renewal is not received on or before the expiration date, the license expires. 2. The board may renew a license if: a. An application for renewal is submitted as pro…

1. A school license issued by the board expires annually on December thirty-first. If the application for renewal is not received on or before the expiration date, the license expires. 2. The board may renew a license if: a. An application for renewal is submitted as provided by …

The board may place on probation, revoke, or suspend a license upon proof of a violation under this chapter or a rule adopted by the board.

The board may deny an application or discipline a licensee on any of the following grounds: 1. Fraud in passing the examination. 2. Conviction of an offense determined by the board to have a direct bearing upon an individual's ability to serve the public in a profession licensed …

All hearings must be conducted pursuant to chapter 28-32. For purposes of a hearing, section 28-32-21 applies only to the licensee.

The board may require the attendance of witnesses and the production of books, records, and papers at any hearing or with reference to any matter which the board has authority to investigate and, for that purpose, may issue a subpoena for any witness or a subpoena duces tecum to …

An appeal may be taken from an action of the board under this chapter in refusing to grant or in suspending or revoking a license to the district court of the county of residence of the individual who has been refused a license or whose license has been suspended or revoked. The …

Any individual who without a license as required under this chapter willfully practices any of the occupations, maintains a school, or acts or advertises in any capacity violates this chapter or rule adopted by the board, is guilty of a class B misdemeanor.

Repealed by S.L. 1981, ch. 435, § 26.

1. Each new establishment, independent licensee, and school must be inspected by the board or the board's designee to determine compliance with the laws, rules, and regulations of this chapter as determined by the board. 2. Each establishment, independent licensee, and school mus…

1. Each establishment, independent licensee, and school may be subject to inspection by the board or its designee, in response to a specific complaint filed with the board for a violation of a law, rule, or regulation under this chapter. 2. Any inspection generated by a complaint…

Refusal to allow or interference with any inspection by the board or the board's designees is cause for disciplinary action.