37-31-311. Schools -- certificate of registration -- requirements -- bond -- curriculum. (1) A person, firm, partnership, or corporation may not operate a school for the purpose of teaching cosmetology, manicuring, or esthetics for compensation unless a certificate of registration has been first obtained from the department. Application for the certificate must be filed with the department on a form prescribed by the board.
     (2) A school for teaching cosmetology may not be granted a certificate of registration unless it complies or can comply with the following requirements:
     (a) It has in its employ either a licensed teacher who is at all times in the immediate supervision of the work of the school or other teachers who the board determines are necessary for the proper conduct of the school. There may not be more than 25 students to each teacher.
     (b) It possesses apparatus and equipment the board determines necessary for the ready and full teaching of all subjects or practices of cosmetology.
     (c) It maintains a school term of not less than 2,000 hours and prescribes a course of practical training and technical instruction equal to the requirements for board examinations, which course of training and technical instruction must be prescribed by the board.
     (d) It keeps a daily record of the attendance of each student, establishes grades, and holds examinations before issuing diplomas.
     (e) An owner or person in charge of a school of cosmetology may not permit a person to sleep in or use for residential purposes or for any other purpose that would make the room unsanitary a room used wholly or in part for a school of cosmetology.
     (3) A school for teaching manicuring may not be granted a certificate of registration unless it complies with subsections (2)(a) and (2)(d) and the following requirements:
     (a) It possesses apparatus and equipment the board determines necessary for the ready and full teaching of all subjects or practices of manicuring.
     (b) It maintains a school term and a course of practical training and technical instruction as prescribed by the board.
     (c) An owner or person in charge of a school of manicuring may not permit a person to sleep in or use for residential purposes or for any other purpose that would make the room unsanitary a room used wholly or in part for a school of manicuring.
     (4) A school for teaching esthetics may not be granted a certificate of registration unless it complies with subsections (2)(a) and (2)(d) and the following requirements:
     (a) It possesses apparatus and equipment the board determines necessary for the ready and full teaching of all subjects or practices of esthetics.
     (b) It maintains a school term and a course consisting of not less than 650 hours of practical training and technical instruction as prescribed by the board.
     (c) An owner or person in charge of a school of esthetics may not permit a person to sleep in or use for residential purposes or for any other purpose that would make the room unsanitary a room used wholly or in part for a school of esthetics.
     (5) Licenses or certificates of registration for schools of cosmetology, manicuring, or esthetics may be refused, revoked, or suspended, as provided in 37-31-331.
     (6) A teacher or student teacher may not be permitted to practice cosmetology, manicuring, or esthetics on the public in a school of cosmetology, manicuring, or esthetics. A school that enrolls student teachers for a course of student teacher training may not have, at any one time, more than one student teacher for each full-time licensed teacher actively engaged at the school. The student teachers may not substitute for full-time teachers.
     (7) The board may make further rules necessary for the proper conduct of schools of cosmetology, manicuring, and esthetics.
     (8) The board shall require the person, firm, partnership, or corporation operating a school of cosmetology, manicuring, or esthetics to furnish a good and sufficient bond in the amount of $5,000 and in a form and manner prescribed by the board.
     (9) A professional cosmetology, manicuring, or esthetics salon may not be operated in connection with a school of cosmetology, of manicuring, or of esthetics.
     (10) The board may, by rule, establish a suitable curriculum for teachers' training in registered schools of cosmetology, manicuring, or esthetics.

     History: En. Sec. 3, Ch. 104, L. 1929; amd. Sec. 1, Ch. 14, L. 1931; re-en. Sec. 3228.3, R.C.M. 1935; amd. Sec. 3, Ch. 222, L. 1939; amd. Sec. 1, Ch. 210, L. 1945; amd. Sec. 3, Ch. 244, L. 1961; amd. Sec. 1, Ch. 167, L. 1969; amd. Sec. 2, Ch. 168, L. 1971; amd. Sec. 1, Ch. 268, L. 1973; amd. Sec. 1, Ch. 310, L. 1973; amd. Sec. 65, Ch. 350, L. 1974; R.C.M. 1947, 66-803(6) thru (8); amd. Sec. 9, Ch. 602, L. 1985; amd. Sec. 7, Ch. 473, L. 1993; amd. Sec. 8, Ch. 305, L. 1997.