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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 17. BUSINESS, OCCUPATIONS, AND PROFESSIONALS |
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Chapter 17-37. BARBER AND COSMETOLOGY |
Section 17-3799. DEFINITIONS
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3799.1When used in this chapter, each of the following terms shall have the meanings ascribed:
Applicant - Any individual seeking licensure by the Board that has submitted on official application and paid the applicable fees(s).
Apprentice - any person that learns barbering or cosmetology by taking classroom courses and working at a salon or shop to gain sufficient training and experience to become eligible to sit for the Board's barber or cosmetology license examination.
Barber - any person who is licensed to engage in any of the practices encompassed in barbering, especially hair and scalp care.
Barbering - any one of any combination of the following practices when done upon the head and neck for cosmetic purposes only, and when done for payment either directly or indirectly, or without payment for the public generally constitutes the practice of barbering within the meaning of this chapter. Barbering includes; shaving and/or trimming the beard, cutting the hair of any person of either sex for compensation or other consideration, received by the person performing the service, as well as giving facial and scalp massage or treatments with oils creams, lotions, or other preparations either by hand or mechanical appliances; singeing, shampooing, or applying tonics to the hair; or applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions, to the scalp, face, or neck. Barbering shall not include manicuring, electrology, braiding, or weaving of hair.
Barber pole - a pole or cylinder with alternating stripes of any combination including but not limited to red and white or red white and blue which run diagonally along the length of the cylinder or pole; or any depiction, rendering, or other representation of a "barber pole" that appears in any form, which would create the impression to members of the general public that a business located near the object is a barbershop.
Barber School - any facility licensed to teach the art of barbering.
Barbershop - any building or portion of a building, vehicle, and station in which any person is engaged in the practice of barbering. For the purposes of this chapter, this term includes barber schools.
Beauty School - any facility licensed to teach the art of barbering or cosmetology.
Board - the Board of Barber and Cosmetology
Braider - any licensed person who engages in the practice of forming human and synthetic hair into braids or other natural hairstyles without using chemicals.
Cosmetologist – a licensed person, whether as an owner, manager, operator, instructor, demonstrator, manicurist, or student, who engages in hair styling or the cosmetic arts, such as hair styling and skin care, and any other practice of cosmetology, including the practice of esthetics and other specialty cosmetology practices regulated by the Board, but does not include shaving or trimming the beard or moustache of an individual or engaging in the practice of master-level esthetics without obtaining the applicable license.
Course of study in teaching techniques – a single course that spans one (1) semester at the college level and requires students to pass an examination in order to receive credit.
Demonstrator - A person that conducts sales demonstrations of barbering or cosmetology products and/or equipment and who does not charge the public for any services rendered or materials used in connection with a demonstration.
Director - the Director of the District of Columbia, Department of Consumer and Regulatory Affairs or the Director's agent.
Distance learning – Courses in which instruction does not take place in a traditional classroom setting, but through other media where instructor and student are separated by distance and sometimes by time.
Electrologist - any licensed person who engages in the practice of permanently removing unwanted hair with an electric current or short wave alternating current, or a combination thereof.
Esthetician - any licensed person who engages in the practice of applying creams, lotions, scrubs, polishes, waxes, cosmetics, eyelashes, and other beauty treatments directly onto the skin to bring about a temporary improvement in appearance, and does not exclude peels and microdermabrasion; and who may remove superfluous hair from the face and neck area of any person by the use of depilatories, waxing or tweezers, but does not include barbering or the branches of cosmetology of cosmetologist, braider, electrologist, or manicurist.
Esthetician operator – a person who engages in the practice of basic esthetics for compensation.
Esthetics instructor – means a licensed master esthetician that has completed an approved instructor license curriculum and who meets the competency standards of the Board as an instructor of esthetics.
Immediate Supervision - supervision in which the supervisor is physically present and is either discussing or observing the student's or applicant's practice.
Instructional hour – An instructional hour is equal to fifty (50) minutes of each sixty (60) minute segment and includes time devoted to tests that are considered part of the course.
Instructor – any person who is authorized to teach barbering, cosmetology, or any specialty cosmetology operator as a profession as provided for in this chapter.
License - any approval, certificate, registration, permit, statutory exemption, or other form of permission to practice an occupation or profession, as granted by this board.
Manager - any licensed barber, cosmetologist, or specialty cosmetologist who has successfully completed an additional 500 hours of training and has passed a written examination. A manager may manage a shop or a salon.
Manicurist - any licensed person who engages in the practice of applying creams, lotions, scrubs, and polishes, and waxes to cosmetically treat the hands and feet as well as trimming, shaping, enhancing, and decorating the fingernails and toenails.
Master esthetician manager – an individual who is licensed under this chapter to engage in the practice of master-level esthetics and authorized to manage an esthetics establishment.
NABBA – National Association of Barber Boards of America.
NCEA –the National Coalition of Estheticians, Manufacturers/ Distributors & Associations.
NCEA-certified – the professional status awarded to a skin care professional that has met the competency standards as set forth by NCEA’s 1200 Hour Esthetician Job Task Analysis.
NIC – National-Interstate Council of State Boards of Cosmetology, Inc.
Noncosmetic purposes – medically necessary.
Person - any individual, natural person, firm, corporation, association, or partnership, company, organization, or society.
Practical Training - the actual performance by a qualified student of a complete service on another person or mannequin.
Practice of basic esthetics – any one of the following skin care procedures done on the head, torso, face, neck, arms, hands, legs, feet, eyebrows, or eyelashes for cosmetic purposes and not for the treatment of medical, physical, or mental ailments:
(a)Cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or masks, manual extraction, including a comodone extractor, depilatories, waxes, and tweezing;
(b)Chemical exfoliation;
(c)Removing superfluous hair by means other than electrolysis, laser procedures, or intense pulsed light; or
(d)Other esthetic preparations or procedures with the use of the hands, a high-frequency or galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not for the treatment of medical, physical, or mental ailments.
Practice of master-level esthetics –:
(a) Any of the following when done for cosmetic purposes on the head, face, neck, torso, abdomen, back, arms, hands, legs, feet, eyebrows, or eyelashes and not for the treatment of medical, physical, or mental ailments:
(1)Body wraps;
(2)Hydrotherapy;
(3)Chemical exfoliation;
(4)Sanding, including microdermabrasion;
(5)Advanced extraction with lancet; or
(6)Other esthetic preparations or procedures with the use of:
(A)The hands; or
(B)A mechanical or electrical apparatus which is approved by the Board for beautifying or similar work performed on the body for cosmetic purposes and not for the treatment of a medical, physical, or mental ailment; and
(C)Lymphatic massage by manual or other means.
(b)Notwithstanding the foregoing, a master-level esthetician may perform procedures listed in subparagraph (a) for non-cosmetic purposes if the procedures are performed under the supervision of a licensed health care practitioner acting within the scope of his or her license.
(c)The term “practice of master-level esthetics” includes the practice of basic esthetics.
Premises - a rest room, waiting room, hall, lounge, storage room or area, fence, shed, garage, or other accessory building appurtenant to a salon and its surrounding area, where barbering, braiding, manicuring, electrolysis, esthetics, or cosmetology is practiced and which is under the control of the licensee or used by the licensee directly or indirectly in connection with the shop or salon.
Salon – a place, facility, shop, or establishment in which cosmetology, barbering, esthetics, electrology, manicuring, or braiding is practiced.
Shampooer - a person that exclusively washes, rinses, and shampoos hair.
Spa Treatments - services performed outside of the scope of licensure under this chapter that may require separate business or professional licensure under existing D.C. Official Code sections and other Titles of the District of Columbia Municipal Regulations. Such services include but are not limited to therapeutic massage; sports massage; aerobics; water based relaxation therapies conducted in a basin, tub or pool; mineral baths; hot springs; steam rooms; and physical therapy.
Substantially Full-Time - at least thirty (30) hours per week.
Supervisor - a licensed barber manager or instructor, cosmetology manager or instructor, or specialty cosmetology manager or instructor.
Technical Instruction - the instruction of students by demonstration, lecture, classroom participation, or examination.
Water Closet - a room with a sink and a toilet.