Guam § 18101 - Definitions.

§ 18101. Definitions.

As used in this Chapter:

(a) Apprentice means any person who is engaged in

learning or acquiring knowledge of the occupation of

cosmetology, nail care, skin care or electrology in a licensed

cosmetological establishment under the supervision of the

appropriate licensee specialist approved by the Board.

(b) Barber means a person licensed under this Chapter

to engage in the practice of barbering.

(c) Board means the Board of Barbering and

Cosmetology.

(d) Cosmetological Establishment means any premise

or building, or part of a building, wherein cosmetology, or

any branch of cosmetology, is practiced.

(e) Cosmetological Multiple Location Establishment

means a business engaged in the practice of cosmetology at

more than one (1) location using the same business name at

such locations, wherein cosmetology, or any branch of

cosmetology, is practiced.

(f) Cosmetologist means any person who engages and

is licensed to perform services for others for the improvement

and beautification of the hair, skin and nails of the human

body for cosmetic purpose by means of any one (1) or

combination of the following practices, but not limited to:

(1) Cutting, clipping or trimming hair;

(2) Massaging, cleansing, stimulating,

manipulating, exercising, beautifying or applying oils,

lotions, or other preparations, styling, arranging,

dressing, braiding, curling, waving, permanent waving,

straightening, singeing, bleaching, tinting, coloring or

similar work, upon the scalp, hair, wig, or hairpiece of

any person, by and any means, with hands or by

mechanical or electrical apparatus or appliances;

(3) Applying hair extensions by means of bonding

or sewing or braiding or any other means to a person’s

hair;

(4) Practice of Nail Technology; and

(5) Practice of Esthetics.

(g) Electrologist means any person who removes

superfluous hair from the body of any person by the use of

an electric needle.

(h) Esthetician means a person licensed under this

Chapter who, with hands or non-medically prescribed

mechanical or electrical apparatus or devices, or by use of

cosmetic preparations, antiseptics, tonics, lotions, or creams,

engages for compensation in any one (1) or any combination

of the following practices:

(1) Massaging, cleansing, stimulating,

manipulating, exercising, beautifying, or doing similar

work on the scalp, face, neck, hands, arms, upper part of

the body, legs, or feet;

(2) Cleansing, exfoliating, wrapping, or doing

similar work upon the entire body, without direct

contact by the hands and utilizing gloves, loofah mitts,

or brushes;

(3) Removing superfluous hair about the body of

any person by means other than electrolysis or laser.

(4) Procedures that do not penetrate below the outer

most layer of the skin, called the epidermis, into the

dermis layer that contains the connective tissue of the

skin. This is considered invasive and is prohibited.

(5) Using the term or title of “Medical Esthetician”

is not allowed under this Chapter. This term is

misleading and could be deemed deceptive and

fraudulent.

(6) Any machine or appliance which penetrates the

dermis layer of the skin, is considered invasive and is,

therefore, prohibited.

(i) Healing Art means the art of detecting or

attempting to detect the presence of any disease; of

determining or attempting to determine the nature and state

of any disease, if present; or preventing, relieving, correcting

or curing of or attempting to prevent, relieve, correct, or cure

any disease. The healing arts include, but are not limited to,

optometry, nursing, chiropractic, dentistry, medicine,

surgery, physician assistants, podiatry, psychology,

osteopathic, pharmacy, physical therapy, acupuncture,

speech language pathology and audiology, and veterinary

medicine.

(j) Instructor means any person who is licensed to

teach in a licensed school of cosmetology, barbering, skin

care (esthetics), electrology, nail care or any combination

thereof; provided that the term shall not be taken to include

a cosmetologist, barber, esthetician, electrologist, or nail

technician who teaches apprentices in a beauty shop, barber

shop, nail shop, or spa.

(k) Manicurist or Nail Technician means any person

who engages and who is licensed to perform services for

others for the improvement and beautification of the hands

and arms to the elbow, and foot and ankle to the knee, for

cosmetic purposes by means of any one (1) or a combination

of the following practices, but not limited to:

(1) Cutting, trimming, polishing, coloring,

cleansing, or otherwise treating a person’s fingernails

and toenails;

(2) Applying artificial fingernails and toenails;

(3) Massaging and cleansing, stimulating,

manipulating, exercising, beautifying or applying oils,

lotions, or other preparations, to a person’s hands and

arms to the elbows, feet and ankles to the knees, by any

means, with hands or by mechanical or electrical

apparatus or appliances.

(4) Superfluous hair removal by means other than

electrolysis, only on back of hand or top of foot

including fingers and toes.

(l) Reciprocity means any person who has been

licensed to practice cosmetic art, or has been licensed to

instruct cosmetic arts in another State or territory of the

United States, either as a licensed cosmetologist, barber,

barber-stylist, manicurist, esthetician, electrologist, or

licensed cosmetology instructor, by the examining board of

such State or Territory, shall be admitted to practice on

Guam. Said person must be in good standing with the

previous issuing licensing Board in which a current license is

obtained and whose license requirements are equal to or

greater than Guam’s approved school curriculums and

contact hours earned.

(m) School means an establishment approved by the

Board of Barbering and Cosmetology operated for the

purpose of teaching, cosmetology, barbering, skin care

(esthetics), electrology and nail care, or any combination

thereof.

(n) Apprentice permit means a permit issued by the

Board, upon registration and payment of an application and

registration fees, to an apprentice who is under the

supervision of a licensed cosmetologist, licensed barber,

barber-stylist, licensed esthetician, licensed electrologist, or

licensed nail technician.

(o) Beauty Shop means any establishment or place of

business wherein the practice of cosmetology is engaged or

carried on and is the primary purpose of that establishment or

business; provided, that the practice of barbering is allowed

in that establishment or business.

(p) Student means a person who is engaged in a school

in learning to be a cosmetologist, barber, barber-stylist,

esthetician, electrologist, nail technician, or Instructor while

so doing, or assists in doing, any act involved in the practice

of cosmetology.

(q) Cosmetology, also known as beauty culture, means

the art and science of beauty care of the skin, hair, scalp, and

nails, and includes any one (1) or a combination of the

licensure categories if they are performed on a person’s head,

face, neck, shoulders, arms, hands, bust, upper part of the

body, legs, or feet for cosmetic purposes.

(r) Department means the Department of Public Health

and Social Services.

(s) Patron means a paying customer in a cosmetology

salon or school.

(t) Online training means programs or courses taken

through the internet intended to help individuals in the

furtherance of their vocational training and are not intended

as a substitute for licensing or certification of contact training

hours at an accredited school as required in the Act.