32-574. Unlawful acts; violation; classification

A. A person shall not:

1. Perform or attempt to perform 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 cosmetologist, aesthetician, nail technician, hairstylist or eyelash technician or as being engaged in the practice or business of 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 cosmetology, aesthetics, nail technology, hairstyling or personal services related to eyelash extensions without a license issued pursuant to this chapter.

5. Practice or attempt to practice cosmetology, aesthetics, nail technology, hairstyling or personal services related to eyelash extensions in any place other than in a salon licensed by the board unless the person is requested by a customer to go to a place other than a salon licensed pursuant to this chapter and is sent to the customer from the salon, except that a person who is licensed or registered pursuant to this chapter may practice, without the salon's request, 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 salon or school without being licensed by the board.

9. Violate this chapter or any rule adopted pursuant to this chapter.

10. Ignore or fail to comply with a board subpoena.

11. Use the title of "aesthetician", "cosmetologist", "nail technician" or "hairstylist" or any other title or term likely to be confused with "aesthetician", "cosmetologist", "nail technician", "hairstylist" or "eyelash technician" in any advertisement, statement or publication unless that person is licensed or registered by the board.

12. Teach 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 cosmetology, aesthetics, nail technology or hairstyling services in a school unless the services are directly incidental to instructing students.

C. A person who violates this section is guilty of a class 1 misdemeanor.