Section 5101 - DefinitionsAs used in this chapter:
(1) "Aesthetician" is an individual who practices any of the following: a. Cleansing, stimulating, manipulating and beautifying skin by hand or mechanical or electric apparatus or appliance.b. Application of lash extensions, additions or enhancements, including permanent waving and tinting.c. Removal of superfluous hair.d. Gives treatments to keep skin healthy and attractive. An aesthetician is not authorized to prescribe medication or provide medical treatment in the same manner as a dermatologist.
(2) "Apprentice" means any person who is engaged in the learning of any or all the practices of cosmetology, barbering, nail technology or electrology from a practitioner licensed in the profession the apprentice is studying. The apprentice may perform or assist the licensed practitioner in any of the functions which the practitioner is licensed to perform.(3) "Barber" means any person licensed under this chapter who, for a monetary consideration, shaves or trims beards, cuts or dresses hair, gives facial or scalp massages, or treats beards or scalps with preparations made for this purpose.(4) "Board" means the state Board of Cosmetology and Barbering under this chapter.(5) "Classroom hour" means 50 minutes of each 60-minute hour.(6) "Cosmetologist" means any person licensed under this chapter who is not an apprentice or student practicing cosmetology, who shall have the qualifications provided for by this chapter.(7) "Cosmetology" means performing any of the following services for compensation: a. The embellishment, cleansing and beautification of human hair, such as arranging, dressing, curling, permanent waving, cutting, singeing, pressing, chemically bleaching or coloring, chemically straightening, or similar services.b. Applying lash extensions, additions or enhancements, including permanent waving and tinting.c. The temporary removal of superfluous hair.e. Massaging, stimulating, beautifying, or similar services, of the scalp, face, arms, hands or the upper body. Any service performed under the definition of "cosmetology" may be performed by hand or mechanical or electrical devices and may include the use of cosmetic preparations, tonics, lotions or creams.
(8) "Cosmetology shop" means any place or part thereof wherein cosmetology, barbering, electrology, nail technology, aesthetics, or any of their practices, are performed for compensation, whether or not the establishment holds itself out as a cosmetology shop.(9) "Division" means the Delaware Division of Professional Regulation.(10) "Electrologist" means any person licensed under this chapter who, for a monetary consideration, engages in the removal of superfluous hair by use of specially designed electric needles.(11) "Instructor" means any person who teaches cosmetology, barbering, electrology or nail technology.(12) "Master barber" means any person licensed under this chapter who, for a monetary consideration, shaves or trims beards, gives facial or scalp massages, treats beards or scalps with preparations made for this purpose, or embellishes, cleans or beautifies human hair, which includes arranging, dressing, curling, permanent waving, cutting, singeing, pressing, chemically bleaching or coloring, chemically straightening, or similar work.(13) "Nail technician" means any person licensed under this chapter who engages only in the practice of manicuring, pedicuring or sculpting nails, including acrylic nails, of any person.(14) "Person" means a corporation, company, association or partnership, as well as an individual.(15) Professional-in-charge means a licensee who is responsible for the operation of a cosmetology shop, including ensuring that all employees are licensed, where required by law.(16) "School of cosmetology," "school of electrology," "school of nail technology," "school of barbering" means any place or part thereof where cosmetology, barbering, electrology, nail technology or any of the practices are taught, whether or not such place holds itself out as such.(17) State" means the State of Delaware.(18) "Substantially related" means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to cosmetology, barbering, electrology, nail technology or aesthetics.Amended by Laws 2021, ch. 76,s 1, eff. 6/30/2021.Amended by Laws 2019, ch. 77,s 1, eff. 6/27/2019.Amended by Laws 2015, ch. 317,ss.s1, s2 eff. 7/19/2016.Amended by Laws 2013, ch. 170,s 1, eff. 8/6/2013.69 Del. Laws, c. 178, §1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 158, § 1; 74 Del. Laws, c. 262, § 91; 75 Del. Laws, c. 169, § 1; 77 Del. Laws, c. 65, § 1.;