54-5804. PROHIBITIONS REGARDING ESTABLISHMENTS — EXCEPTIONS. (1) It shall be unlawful:

(a) To practice any of the occupations licensed, certificated or registered under this chapter in a place or establishment that is not licensed or registered for such practice, except as specifically authorized by this chapter;

(b) For any establishment license holder to employ or allow to be employed in or about the licensed establishment a person who is not licensed or certificated under this chapter, unless the person is performing tasks that do not require a license or certificate; and

(c) Where a licensed establishment is located in a home or other building containing living quarters, to use the portions of the home or building that are used for the licensed practice as living, dining or sleeping quarters.

(2) The provisions of subsection (1)(a) of this section shall not apply to:

(a) Licensees or certificants under this chapter who are performing licensed or certificated services for persons unable by reason of ill health, medical confinement or involuntary incarceration to go to a licensed establishment;

(b) A licensed electrologist practicing electrology or a licensed esthetician practicing esthetics under the supervision of a licensed chiropractor, dentist, medical doctor, nurse practitioner or podiatrist at a facility used by the supervising individual; or

(c) A person licensed or certificated under this chapter to practice barbering, barber-styling, cosmetology, esthetics, haircutting, makeup artistry or nail technology provided that:

(i) The services provided outside a licensed establishment are limited to those authorized by board rule; and

(ii) The licensee or certificant and the facility or location where the services are provided must observe and comply with the inspection, safety and disinfection requirements established by board rule.

History:

[54-5804, added 2018, ch. 228, sec. 3, p. 523.]