§34-7B-13. Exemptions from chapter.

This chapter does not apply to any of the following persons, activities, or services:

(1) Service in the case of emergency or domestic upheaval, without compensation.

(2) Licensed medical professionals operating within the scope of their normal practice.

(3) Personnel of the United States armed services performing their ordinary duties.

(4) Any public trade school or other public school or school program under the purview of the State Board of Education or a local board of education.

(5) Any person who only occasionally dresses hair and receives no compensation therefor, or does any other act or thing mentioned in this chapter, without holding himself or herself out to the public as a provider of any practices defined in this chapter for compensation.

(6) Departments in retail establishments where cosmetics are demonstrated and offered for sale but where no other acts of cosmetology or barbering are performed.

(7) The licensees of any county or municipal barber board or commission in existence on August 1, 2013, unless such board or commission elects, by resolution adopted by the governing body of the county or municipality, to come under the provisions of this chapter.

(8) Any person who has been practicing as a barber, as that term is defined in this subdivision, for at least 10 years on or before August 1, 2013. For purposes of this subdivision, the definitions of the terms "barber" and "barbering" in Section 34-7B-1 shall not apply.

For purposes of this subdivision, the term "practicing as a barber" shall be defined as any one or a combination of the following practices, when done upon the human body above the seventh cervical vertebra for cosmetic purposes and not for the treatment of disease or physical or mental ailments, and when done for payment, directly or indirectly or without payment for the public generally: Shaving or trimming the beard or trimming the hair. Any person who claims an exemption under this subdivision and performs services on the public that are not permitted under the definition of practicing as a barber as provided in this subdivision, shall be subject to an administrative fine pursuant to subsection (c) of Section 34-7B-10.

(Act 2013-371, p. 1330, §2; ; Act 2014-168, §1.)