Unlicensed Activity

PURPOSE: This rule prohibits the activities of unlicensed persons/entities. (1) Pursuant to Chapters 328 and 329, RSMo, no barber or cosmetology establishment owner, manager, or proprietor shall permit any person who does not hold a current Missouri barber or cosmetology license to practice as a barber or cosmetologist in the establishment. No license or permit issued by the board shall be posted in a licensed establishment unless the license or permit is current and active, and the licensee or permit holder is an employee of the establishment or holds a current and active renter establishment license issued by the board. (2) License Posted. Every licensed barber and cosmetologist shall post a current license issued by the board in front of the barber’s working chair or the cosmetologist’s work station where it shall be readily seen by all patrons. (3) Prohibited Practices Within An Establishment. In a licensed establishment, only persons properly licensed by the board shall be allowed to perform barbering, hairdressing, manicuring, or esthetician services on any person within the establishment. The provisions of this section shall apply even if services are being provided for no compensation. For purposes of this section, barbering, hairdressing, manicuring, or esthetician services shall be defined as follows: (A) “Barbering”—engaging in the capacity so as to shave the beard or cut and dress the hair of any person; (B) “Esthetician services”—Using mechanical or electrical apparatuses or appliances, cosmetic preparations, antiseptics, tonics, lotions, or creams, not to exceed ten percent (10%) phenol, either directly or indirectly, in any one (1), or any combination, of the following practices: massaging, cleansing, stimulating, manipulating, exercising, beautifying, or similar work upon the scalp, face, neck, ears, arms, hands, bust, torso, legs, or feet and removing superfluous hair by means other than electric needle or any other means of arching or tinting eyebrows or tinting eyelashes of any person; (C) “Hairdressing”—Arranging, dressing, curling, singeing, waving, permanent waving, cleansing, cutting, bleaching, tinting, coloring, or similar work upon the hair of any person by any means; or removing superfluous hair from the body of any person by means other than electricity, or any other means of arching or tinting eyebrows or tinting eyelashes. Hairdressing also includes any person who either with the person’s hands or with mechanical or electrical apparatuses or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions, or creams engages for compensation in any one (1) or any combination of the following: massaging, cleaning, stimulating, manipulating, exercising, beautifying, or similar work upon the scalp, face, neck, arms, or bust; and (D) “Manicuring”—Cutting, trimming, polishing, coloring, tinting, cleaning, or otherwise beautifying a person’s fingernails, applying artificial fingernails, massaging, cleaning a person’s hands and arms; pedicuring, which includes cutting, trimming, polishing, coloring, tinting, cleaning, or otherwise beautifying a person’s toenails, applying artificial toenails, massaging, or cleaning a person’s legs and feet. AUTHORITY: section 329.030, RSMo 2000 and sections 328.020, 328.130, 329.025.1, and 329.110.1, RSMo Supp. 2008.* Original rule filed Aug. 1, 2007, effective Feb. 29, 2008. Rescinded and readopted: Filed April 3, 2009, effective Sept. 30, 2009. *Original authority: 328.020, RSMo 1939, amended 2005; 328.130, RSMo 1939, amended 1981, 2005; 329.025, RSMo 2005, amended 2008; 329.030, RSMo 1939, amended 1995; and 329.110, RSMo 1939, amended 1945, 1981, 1995, 2005.