§439-1  Definitions.  As used in this
chapter:



"Beauty apprentice" means a person
who is engaged in a beauty or barber shop in learning to be a beauty operator
and while so doing assists in any of the practices of cosmetology under the
supervision of a licensed beauty operator or licensed barber for the
hairdresser category.



"Beauty apprentice permit" means a
permit issued by the board, upon registration and payment of application and
registration fees, to an apprentice who is under the supervision of a licensed
beauty operator or licensed barber for the hairdresser category.



"Beauty operator" means one of the
following licensure categories:  cosmetologist; hairdresser; esthetician; or
nail technician.



"Beauty shop" means any establishment
or place of business wherein the practice of cosmetology is engaged or carried
on and is the primary purpose of that establishment or business; provided that
the practice of barbering is allowed in that establishment or business.



"Board" means the board of barbering
and cosmetology pursuant to sections 438-3, 438-5 and 438-6.



"Cosmetologist" means a person who
engages in the practices of a hairdresser, an esthetician, and a nail
technician for compensation.



"Cosmetology", also known as beauty
culture, means the art and science of beauty care of the skin, hair, scalp, and
nails, and includes any one or a combination of the licensure categories if
they are performed on a person's head, face, neck, shoulders, arms, hands,
bust, upper part of the body, legs, or feet for cosmetic purposes.



"Department" means the department of
commerce and consumer affairs.



"Esthetician" means any person who,
with hands or nonmedically prescribed mechanical or electrical apparatus or
devices or by use of cosmetic preparations, antiseptics, tonics, lotions, or
creams, engages for compensation in any one or any combination of the following
practices:



(1)  Massaging, cleansing, stimulating, manipulating,
exercising, beautifying, or doing similar work on the scalp, face, neck, hands,
arms, bust, upper part of the body, legs, or feet;



(2)  Cleansing, exfoliating, wrapping, or doing
similar work upon the entire body, without direct contact by the hands and
utilizing gloves, loofah mitts, or brushes; or



(3)  Removing superfluous hair about the body of any
person by means other than electrolysis.



"Hairdresser" means any person who
for compensation engages in any one or any combination of the following
practices: arranging, dressing, curling, waving, cleansing, cutting, singeing,
bleaching, coloring, or similar work upon the hair of another person.



"Instructor" means a person who
teaches any of the licensure categories; provided that the term shall not be
taken to include an operator who teaches apprentices in a beauty shop.



"Nail technician" means any person
who for compensation engages in the practice of:



(1)  Cutting, trimming, polishing, coloring,
cleansing, or otherwise treating a person's fingernails and toenails;



(2)  Applying artificial fingernails and toenails; and



(3)  Massaging and cleansing a person's hands, arms,
legs, and feet.



"School", unless the context clearly
indicates otherwise, means a school engaged in teaching cosmetology.



"Student" means a person who is
engaged in a school in learning to be a beauty operator and while so doing does
or assists in doing any act involved in the practice of cosmetology.



"Temporary permit" means a permit
allowing a qualified applicant to practice as a beauty operator or instructor
for a period of time covering the three consecutive examinations offered by the
board after the permit's date of issuance. [L 1949, c 397, pt of §1; am L 1955,
c 198, §1; RL 1955, §59-1; am L 1963, c 111, §1; HRS §439-1; am L 1981, c 47,
§1; am L 1986, c 139, §2; am L 1987, c 154, §3; am L 1989, c 153, §2; am L
1991, c 180, §1; am L 1997, c 87, §9; am L 1998, c 187, §1]



 



Cross References



 



  Electrologists, see chapter 448F.