Section 43-11-02 - Exemptions from provisions of chapterThis 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 vocation.3. Educational activities conducted in connection with any regularly scheduled meeting or any educational activities of any bona fide association of licensed cosmetologists, estheticians, or manicurists from which the general public is excluded. For purposes of this subsection, a "bona fide association of cosmetologists" means any organization whose constitution, bylaws, or membership rules establish within said organization a class of membership consisting of licensed cosmetologists.4. Services provided by retailers or their sales personnel trained in the demonstration of cosmetics application if the cosmetics are applied only with disposable applicators that are discarded after each customer demonstration. The board may adopt rules to ensure sanitary conditions for services provided under this exemption.5. Services provided in a licensed hospital or a nursing home by an individual practicing cosmetology on a volunteer basis without compensation or by a nurse's assistant.6. Skin care provided by a licensed cosmetologist or esthetician outside of a licensed salon if the services are being provided under the supervision, control, and responsibility of a physician or physician assistant practicing within the scope of the physician's or physician assistant's license under chapter 43-17, or nurse practicing within the scope of the nurse's license under chapter 43-12.1.Amended by S.L. 2021 , ch. 309( SB 2092 ), § 2, eff. 7/1/2021.Amended by S.L. 2015 , ch. 293( SB 2097 ), § 2, eff. 7/1/2015.Amended by S.L. 2011 , ch. 308( SB 2098 ), § 2, eff. 7/1/2011.