The following definitions shall apply as used in this chapter:

(1) "Blood spill kit" means a kit containing the equipment necessary to follow all of the blood spill procedures as required by ARM 24.121.407.

(2) "Booth rental" means an establishment or business attached to or within a licensed salon or shop that is operated independently by a licensed booth renter.

(3) "Booth renter" means an independent contractor who operates in a licensed salon or shop and is not an employee or owner of the salon or shop and abides by the requirements of 39-51-204 , MCA.

(4) "Cadet" or "student" instructor means a licensee who is enrolled in a school for the teacher-training program.

(5) "Clean" means the absence of, or the removal of, soil, dirt, dust, hair or foreign material, by washing, sweeping, clearing away, or any other appropriate method rendering a sanitary condition.

(6) "Demonstration" means a planned educational instruction that illustrates and explains with examples the merits of products or services to one or more enrolled students. Members of the public may not be charged for any service performed in connection with a demonstration.

(7) "Dermabrasion" or "open dermabrasion" means the surgical application of a wire or diamond frieze by a physician to abrade the skin, vaporizing from the epidermis and possibly down to the papillary layer of the dermis.

(8) "Dermaplane" means the use of a scalpel or sharp, bladed instrument by a physician to "shave" the upper layers of the epidermis.

(9) "Direct supervision" means the on-site physical presence of a supervisor in the clinic and basic areas of the school, where students perform educational activities and services requiring licensure, and includes communication, direction, observation and evaluation on a consistent basis.

(10) "Distance education" means education such as computer based training, Internet, video tape, or other mode of distance delivery where the instructor and student are separated by distance and in some cases time.

(11) "Embellishment and beautification" means the improvement of an individual's appearance to meet the individual's need or desire through noninvasive procedures and practices.

(12) "Employee" means a person employed by a salon, shop or school and paid wages and/or commissions in accordance with federal, state and local regulations.

(13) "Exfoliation" means the sloughing off of nonliving (dead) skin cells by very superficial and noninvasive means.

(14) "Inactive" means the status of any instructor who fails to meet the continuing education requirement.

(15) "Member of the public" means any person that is not enrolled as a student or employed as an instructor of the school in which the student is attending. Payment or compensation for services shall not be a consideration.

(16) "Microdermabrasion" means a gentle, progressive, very superficial mechanical exfoliation of the uppermost layers of the stratum corneum using a closed-loop vacuum system that utilizes aluminum oxide or corundum crystals as the abrasive material.

(17) "Noninvasive" means procedures confined to the nonliving cells of the epidermis, specifically the stratum corneum layer, and through which living cells are never altered, cut or damaged. At no time shall individuals licensed in this chapter perform services where the germinative or basal layers of the skin are compromised.

(18) "Patch test" or "predisposition test" means a test required by federal law under the Food and Drug Act, whereby a small amount of the chemical preparation is applied to the skin of the arm or behind the ear to determine possible allergies (hypersensitivity) of the client.

(19) "Sanitized", "sanitary" or "sanitation" means the absence of agents of infection, disease, or infestation by insects, vermin, soil, dust, dirt, hair or foreign material, or the removal of agents of infection, disease, or infestation by insects, vermin, soil, dust, dirt, hair or foreign material from items, implements, tools and surfaces.

(20) "Sterilization" means to completely destroy all living organisms on a surface.

(21) "Very superficial" means confined to the uppermost stratum corneum layer of the epidermis.

(22) "Working area" means the area of a salon, shop or school where students or licensees perform services upon clients or members of the public.