Tennessee § 62-4-109 - Persons and activities exempt.

§ 62-4-109. Persons and activities exempt.

The following persons are exempt from this chapter: Persons and establishments engaged exclusively in massage, as defined by § 63-18-102; Duly registered barbers and technicians operating in duly registered barber shops only; Physicians and surgeons or trained nurses, trained nurses assistants, aides or similar personnel, acting solely in their professional capacities; Any person rendering cosmetology services in the person's own home without charge to the recipient; Any person who demonstrates or applies, or both, cosmetics without charge in a retail establishment; Any person who engages in hair wrapping; provided, that the person posts a notice at the place of business indicating that the person is not licensed by the state board of cosmetology and barber examiners; and provided, further, that the person uses disposable instruments or implements that are sanitized in a disinfectant approved for hospital use or approved by the federal environmental protection agency. Before engaging in hair wrapping, a person shall attend sixteen (16) hours of training provided by a licensed school of cosmetology and shall receive a certificate indicating attendance at the training. The certificate shall be retained and displayed on request. The training shall consist of eight (8) hours concerning health and hygiene issues and eight (8) hours concerning relevant state law; Any person whose occupation or practice is confined solely to shampooing; and Any person who engages in hair braiding if the person complies with § 62-4-135. Nothing in this chapter shall be construed to apply to the educational activities conducted in connection with any special education program of any bona fide association of licensed cosmetologists from which the general public is excluded. Acts 1986, ch. 817, § 9; 1987, ch. 112, § 3; 1987, ch. 382, § 29; 1988, ch. 902, § 15; 1989, ch. 93, § 5; 2002, ch. 804, § 2; 2014, ch. 964, § 6; 2017, ch. 227, § 2; 2019, ch. 207, § 2. Compiler's Notes. Former chapter 4, former §§ 62-4-101 — 62-4-127 (Acts 1939, ch. 29, §§ 1-8, 10-12, 17, 18; 1949, ch. 179, §§ 1, 2, 4-7, 9, 15; C. Supp. 1950, §§ 7139.1-7139.8, 7139.10-7139.12, 7139.16, 7139.17, 7139.21 (Williams, §§ 7139.16-7139.23, 7139.25-7139.27, 7139.29, 7139.33, 7139.39); Acts 1951, ch. 227, §§ 1-3, 6; 1959, ch. 298, §§ 1-4, 7, 8, 10, 11, 17; 1965, ch. 199, §§ 1, 3, 4, 14; 1972, ch. 603, § 1; 1972, ch. 808, §§ 1-3; 1973, ch. 367, § 1; 1975, ch. 104, §§ 3, 4; 1975, ch. 122, §§ 1-4, 7, 8; 1975, ch. 165, § 8; 1976, ch. 649, § 1; 1976, ch. 690, § 1; 1978, ch. 580, § 1; 1978, ch. 581, § 1; 1978, ch. 906, § 14; 1979, ch. 380, §§ 1, 3, 5; 1980, ch. 451, § 11; 1982, ch. 633, §§ 1, 3, 4-10, 12-23; 1984, ch. 521, §§ 1, 2; T.C.A. (orig. ed.), §§ 62-401 — 62-405, 62-408 — 62-411, 62-413 — 62-417, 62-422, 62-423, 62-428, 62-431, 62-432), concerning cosmetology, was repealed by Acts 1986, ch. 817, § 31. Acts 1986, ch. 817, § 31 provided that the rules promulgated under former §§ 62-4-101 — 62-4-127 prior to August 31, 1986, shall remain in effect as rules under this chapter until amended or repealed by the board. Any such rules that may conflict with a provision of this chapter shall be invalid; however, such invalidity shall not affect the validity of the remaining rules. All licenses and certificates of registration issued under former §§ 62-4-101 — 62-4-127 prior to August 31, 1936, shall remain in effect until they expire or are revoked or modified pursuant to this chapter. This chapter does not affect rights or duties that matured, liabilities or penalties that were incurred, or proceedings begun before August 31, 1986. Amendments. The 2019 amendment added (a)(8). Effective Dates. Acts 2019, ch. 207, § 4. July 1, 2019; provided that, for the purposes of promulgating rules, the act took effect April 25, 2019. Cross-References. Exemption from barber licensing law, § 62-3-108 . Exemption from licensing provisions as to healing arts, § 63-1-104 . Attorney General Opinions. Exemption from the Cosmetology Act for medical professionals. OAG 12-91, 2012 Tenn. AG LEXIS 96 (9/25/12). An aesthetician licensed by the Board of Cosmetology and Barber Examiners may not perform microblading and/or microneedling in a cosmetology shop or at a medical spa. A person not licensed by the Board of Cosmetology and Barber Examiners may perform microneedling only if that person satisfies an exemption found in T.C.A. § 62-4-109 . A person not licensed by the Board of Cosmetology and Barber Examiners may perform microblading only if that person satisfies an exemption found in T.C.A. § 62-4-109 and either is a licensed tattoo artist under T.C.A. § 62-38-204 or is exempt from tattooing laws and regulations under T.C.A. § 62-38-210(b) . The marks created by microblading constitute a tattoo. An individual may perform microblading only if that person satisfies an exemption found in Tenn. Code Ann. § 62-4-109 and is a licensed tattoo artist under Tenn. Code Ann. § 62-38-204 or is exempt from tattooing laws and regulations under Tenn. Code Ann. § 62-38-210(b) . OAG 17-31, 2017 Tenn. AG LEXIS 30 (4/20/2017).