2017 Session Laws

CHAPTER 176

(HB 1048)

Natural hair braiding not the practice of cosmetology.


        ENTITLED, An Act to exempt natural hair braiding from the practice of cosmetology.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 36-15-1 be amended to read:

    36-15-1. Terms used in this chapter mean:

            (1)    "Apprentice," any person licensed by the commission to receive education through an apprenticeship in a salon;

            (2)    "Apprentice salon," any salon licensed by the commission to teach apprentices;

            (3)    "Booth," any part within a licensed salon that is rented or leased for the purpose of rendering licensed cosmetology services as a separate, independent salon business;

            (4)    "Commission," the Cosmetology Commission as established and created in § 36-15-3;

            (5)    "Cosmetologist," any person who, for compensation, engages in any of the practices of cosmetology;

            (6)    "Cosmetology," any one or any combination of the practices set forth in § 36-15-2;

            (7)    "Demonstrator," any person licensed to practice cosmetology, nail technology, or esthetics in this state, in another state, or in another country, who demonstrates the various practices of cosmetology, as applicable, in order to inform or educate other licensees or the public;

            (8)    "Esthetician," any person who, for compensation, engages in the practice of esthetics, but not in other practices of cosmetology;

            (9)    "Esthetics," any one or any combination of the practices set forth in § 36-15-2.2;

            (10)    "Junior instructor," any person licensed by the commission to instruct in a school and who is enrolled in instructor education as set forth in § 36-15-26;

            (11)    "Nail technology," any one or any combination of the practices set forth in § 36-15-17.2;

            (12)    "Nail technician," any person who, for compensation, engages in the practice of nail technology, but not in other practices of cosmetology;

            (13)    "Natural hair braiding," any one or any combination of the practices set forth in section 2 of this Act;

            (14)    "Salon," any place, premise, or building or any part of a building operated for the purpose of engaging in the practice of cosmetology, nail technology, or esthetics, or any combination of these practices;

            (14)(15)    "School," any place, premise, or building that is licensed by the commission to provide education to students in the practice of cosmetology, nail technology, or esthetics, or any combination of these practices;

            (15)(16)    "School premises," any permanent building or other structures approved by the commission as a school campus under one school license;

            (16)(17)    "Senior instructor," any person licensed by the commission to instruct in a school who has previous instructor education and experience and meets the requirements set forth in § 36-15-25;

            (17)(18)    "Student," any person who is licensed by the commission to receive education in a licensed school.

    Section 2. That chapter 36-15 be amended by adding a NEW SECTION to read:

    Natural hair braiding means a form of hair manipulation that results in tension on hair strands by beading, braiding, cornrowing, extending, lacing, locking, twisting, weaving, or wrapping human hair, natural fibers, synthetic fibers, or hair extensions into a variety of shapes, patterns, and textures and maintenance thereof, by hand or with clips, combs, hairpins, or thread.

    Natural hair braiding includes the use of topical agents such as conditioners, gels, moisturizers, oils, pomades, and shampoos.

    Natural hair braiding does not involve the use of penetrating chemical hair treatments, chemical hair coloring agents, chemical hair straightening agents, chemical hair joining agents, permanent wave styles, or chemical hair bleaching agents applied to growing human hair.

    Section 3. That chapter 36-15 be amended by adding a NEW SECTION to read:

    Any person engaging solely in natural hair braiding as set forth in section 2 of this Act is exempt from the provisions of this chapter.

     Signed February 3, 2017
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