Title 43, Occupations and Professions

Any licensed nursing home, basic care facility, or licensed assisted living center that permits licensed cosmetologists to perform services to residents only, and does not advertise as an establishment, is not required to have an establishment license. A licensed cosmetologist lo…

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…

No person, firm, corporation, or limited liability company operating or conducting a school of cosmetology may advertise to perform any of the practices of cosmetology without disclosing that the practice offered is to be performed by students under the supervision of a licensed …

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…

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.

Schools of cosmetology are exempt from the license requirement of chapter 15-20.4. All individuals who solicit business for a school of cosmetology or who sell any course of instruction shall secure a solicitor's permit and bond in an amount and under conditions as established by…

Each individual who desires to secure a cosmetologist, esthetician, advanced esthetician, or manicurist license shall file with the board a written application under oath on a form supplied by the board. The application must be accompanied by: 1. An examination fee fixed by the b…

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. A cosmetologist, esthetician, advanced esthetician, or manicurist license must be issued to any individual who has met all the following requirements: a. Complied with section 43-11-21. b. Passed to the satisfaction of the board the examination of applicants for a license to p…

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. Active-duty military members, spouses of active-duty military members, veterans and spouses of veterans, are eligible for provisional licensure under this chapter. 2. Active-duty military members and spouses of active-duty military members are exempt from having to take an exa…

An individual may obtain a master cosmetologist, master esthetician, or master manicurist license upon meeting all the following requirements: 1. Furnishing to the board evidence of having practiced as a cosmetologist, esthetician, or manicurist for at least one thousand hours. C…

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…

In addition to the license requirements for an advanced esthetician, a written application and proof of board-approved additional training and certifications must be made to the board before the use of: 1. Microneedling pens, rollers, or devices; 2. Nonablative devices; or 3. Adv…

1. No individual may be licensed as an instructor of cosmetology unless the individual passes a theory and a practical examination required by the board after paying the examination fee set forth in section 43-11-28. An applicant shall: a. Possess a current North Dakota license a…

1. The practice of cosmetology, manicuring, or esthetics is limited to noninvasive care. A cosmetologist, manicurist, or esthetician may not alter, cut, puncture, or damage any living cells whether superficially or through the use of laser, light, or energy. 2. Certain advanced e…

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.

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.

In this chapter, unless the context or subject matter otherwise requires: 1. "Board" means the North Dakota state board of optometry. 2. "Diagnosis and treatment" means the determination, interpretation, and treatment of any visual, muscular, neurological, interpretative, or anat…

The provisions of this chapter do not apply to the following persons: 1. Persons who sell spectacles, eyeglasses, or other articles of merchandise without attempting to practice optometry. 2. Student interns who are currently enrolled in an optometry school or college accredited …

The North Dakota state board of optometry consists of seven members appointed by the governor for a term of five years each, with their terms of office so arranged that at least one term expires on June thirtieth of each year. Five of the members of the board must be resident lic…

The members of the board shall elect from among their own number a president and a secretary. Such officers shall hold office for the term of one year, and until their successors are elected and qualified. The president of the board shall preside at all meetings of the board and …

The executive director of the board, or the executive director's designee, has the following duties: 1. Keep a full record of the proceedings of the board. 2. Be custodian of all fees coming into the possession of the board. 3. At such times as may be required by the board, furni…

The secretary of the board, or the secretary's designee in the event the duties have been delegated to another, must be bonded for the faithful discharge of duties in such amount as may be prescribed by the board.

A member of the board shall receive as compensation for each day the member actually is engaged in performing the duties of office a per diem as established by the board, mileage and travel expenses as are provided for in section 54-06-09.

The executive director of the board shall receive for clerical expenses and other expenses of the board an allowance, and a salary or other compensation, as the board shall determine.

The board may submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04.

The board shall meet at least once in each year at a place it designates, and in addition thereto whenever and wherever the president and the secretary, for proper cause, call a meeting. Four members of the board in actual attendance at any meeting constitute a quorum for the tra…

The record of the proceedings of the board kept by the secretary, or the secretary's designee, at all reasonable times must be open to public inspection. The record also must contain a registry list of all persons licensed by the board, together with renewals and revocations of l…

A true copy of all records of the board, or any part thereof, is admissible in evidence without further proof of authenticity when accompanied by the certificate of the secretary of the board that the same is a true copy of the original record on file in the office of the secreta…