(a) (1) As used in this chapter, unless the context otherwise requires, "barbering" means any one (1) or any combination of the following practices when performed for cosmetic purposes and done for the public generally for pay, either directly or indirectly in any location defined as a barber shop:
(A) Shaving or trimming the beard;
(B) Cutting hair;
(C) Giving facial and scalp massage or application of oils, creams, lotions, or other preparations, either by hand or mechanical appliances;
(D) Singeing, shampooing, or applying chemicals; and
(E) Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to the scalp, face, or neck.
(2) Use of the traditional symbol known as the "barber pole", which is composed of a vertical cylinder or pole with a ball on top, with alternating stripes of any combination including red and white, and red, white, and blue, which run diagonally along the length of the cylinder or pole, or any likeness thereof, with the intent to mislead the public in any manner that would make the public believe that barbering was being practiced in or that a licensed barber was employed in an establishment that does not employ barbers is prohibited.
(b) Such practices when done for the treatment of physical or mental ailments or diseases shall not constitute barbering.
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