FOR AN ACT ENTITLED, An Act to  allow persons to provide certain skin peels without a cosmetology license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 36-15-2 be amended to read as follows:
     36-15-2.   Any person, who for compensation, a fee, or any valuable consideration, engages in any of the following practices or arts is engaged in the practice of cosmetology: dressing, curling, waving, permanent waving, cleaning, cutting, singeing, bleaching, setting, fitting, coloring, or similar work upon the hair or wigs of any person by any means, or who, with hands, mechanical or electrical apparatus, or any other appliances, or by use of cosmetic preparations or antiseptics, engages in the practice or art of massaging, cleansing, manipulating, or performing similar services upon the scalp, face, neck, arms, bust, or shoulders, manicuring the nails, or removing superfluous hair about the body of any person. Any person practicing cosmetology shall be licensed under this title, while practicing within the scope of that person's license. The following does not constitute the practice of cosmetology:

             (1)      Any person practicing permanent removal of hair by the use of a galvanic or

thermalytic needle; or

             (2)      Any retailer at a retail establishment who in the ordinary course of business is engaged in the demonstration of make-up if:

             (a)      The make-up is applied only with disposable applicators that are discarded after each customer demonstration;

             (b)      The demonstration is without charge to the person to whom the demonstration is given; and

             (c)      The retailer does not advertise or provide a cosmetological service except the sale of make-up and fragrances ; or

             (3)    Any person practicing chemical or mechanical skin peel if:

             (a)    The person has received and maintains documentation of instruction in the procedure from the product or appliance dealer; and

             (b)    The person does not represent himself or herself as a cosmetologist or provide any other cosmetology services .