477.0135  Exemptions.--

(1)  This chapter does not apply to the following persons when practicing pursuant to their professional or occupational responsibilities and duties:

(a)  Persons authorized under the laws of this state to practice medicine, surgery, osteopathic medicine, chiropractic, massage, naturopathy, or podiatry.

(b)  Commissioned medical or surgical officers of the United States Armed Forces hospital services.

(c)  Registered nurses under the laws of this state.

(d)  Persons practicing barbering under the laws of this state.

(e)  Persons employed in federal, state, or local institutions, hospitals, or military bases as cosmetologists whose practices are limited to the inmates, patients, or authorized military personnel of such institutions, hospitals, or bases.

(f)  Persons whose practice is limited to the application of cosmetic products to another person in connection with the sale, or attempted sale, of such products at retail without compensation from such other person other than the regular retail price of such merchandise.

(g)  Graduates of licensed cosmetology schools or cosmetology programs offered in public school systems, which schools or programs are certified by the Department of Education, pending the result of the first licensing examination for which such graduates are eligible following graduation, provided such graduates shall practice under the supervision of a licensed cosmetologist in a licensed cosmetology salon. A graduate who fails the examination may continue to practice under the supervision of a licensed cosmetologist in a licensed cosmetology salon if she or he applies for the next available examination and until she or he receives the results of that examination. No graduate may continue to practice under this exemption if she or he fails the examination twice.

(2)  A license is not required of any person whose occupation or practice is confined solely to shampooing.

(3)  A license or registration is not required of any person whose occupation or practice is confined solely to cutting, trimming, polishing, or cleansing the fingernails of any person when said cutting, trimming, polishing, or cleansing is done in a barbershop licensed pursuant to chapter 476 which is carrying on a regular and customary business of barbering, and such individual has been practicing the activities set forth in this subsection prior to October 1, 1985.