This section prohibits unlicensed or unregistered barbering/cosmetology-related activities, false licensing statements, improper advertising, noncompliance with board subpoenas, and other listed conduct, and it requires schools to post a public notice.
32-574 - Unlawful acts; violations; classification 32-574. Unlawful acts; violations; classification A. A person shall not: 1. Perform or attempt to perform barbering, cosmetology, aesthetics, nail technology, hairstyling or personal services related to eyelash extensions without a license or registration in that category issued pursuant to this chapter, or practice in a category in which the person does not hold a license or registration. 2. Display a sign or in any way advertise or hold oneself out as a barber, cosmetologist, aesthetician, nail technician, hairstylist or eyelash technician or as being engaged in the practice or business of barbering, cosmetology, aesthetics, nail technology, hairstyling or eyelash extensions without being licensed or registered pursuant to this chapter. 3. Knowingly make a false statement on an application for a license or registration pursuant to this chapter. 4. Allow an employee or another person under the person's supervision or control to perform barbering, cosmetology, aesthetics, nail technology, hairstyling or personal services related to eyelash extensions without a license or registration issued pursuant to this chapter. 5. Practice or attempt to practice barbering, cosmetology, aesthetics, nail technology, hairstyling or personal services related to eyelash extensions in any place other than in an establishment licensed by the board unless the person is requested by a customer to go to a place other than an establishment licensed pursuant to this chapter and is sent to the customer from the establishment, except that a person who is licensed or registered pursuant to this chapter may practice, without the establishment's request, barbering, cosmetology, aesthetics, nail technology, hairstyling or personal services related to eyelash extensions in a health care facility, hospital, residential care institution, nursing home or residence of a person requiring home care because of an illness, infirmity or disability. 6. Obtain or attempt to obtain a license or registration by the use of monies other than the prescribed fees or any other thing of value or by fraudulent misrepresentation. 7. Provide any service to a person having a visible disease, pediculosis or open sores suggesting a communicable disease until the person furnishes a statement signed by a physician who is licensed pursuant to chapter 13 or 17 of this title stating that the disease or condition is not in an infectious, contagious or communicable stage. 8. Operate a school without being licensed by the board. 9. Operate an establishment without being licensed by the board and without having an individual designated as the manager of the establishment. 10. Violate this chapter or any rule adopted pursuant to this chapter. 11. Ignore or fail to comply with a board subpoena. 12. Use the title of "aesthetician", "barber", "cosmetologist", "nail technician", "hairstylist" or "eyelash technician" or any other title or term likely to be confused with "aesthetician", "barber", "cosmetologist", "nail technician", "hairstylist" or "eyelash technician" in any advertisement, statement or publication unless that person is licensed or registered by the board. 13. Teach barbering, cosmetology, aesthetics, nail technology or hairstyling in this state unless the person is licensed as an instructor pursuant to article 3 of this chapter. B. An instructor shall not render barbering, cosmetology, aesthetics, nail technology or hairstyling services in a school unless the services are directly incidental to instructing students. C. A school shall post a conspicuous notice to the public pursuant to section 32-557 that all services are performed by students under the direct supervision of a licensed instructor. D. A person who violates this section is guilty of a class 1 misdemeanor.