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Out-of-Scope Services and an Unlicensed Assistant

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Out-of-Scope Services and an Unlicensed Assistant

Renee holds a current North Carolina natural hair care license and works at a full-service salon owned by a cosmetologist. The owner books Renee for a 2 p.m. relaxer touch-up and a 2:30 p.m. clipper cut on a 15-year-old client. Renee has never performed chemical relaxing, and her license does not include it. The owner says, 'Do it under my license; I will be at lunch.' The salon also employs an assistant who has no license but applies braid sealant to clients' scalps and trims extension ends before installation. The salon's Instagram states, 'Every service performed by a licensed professional.' The owner asks Renee to train the assistant to apply relaxer so the salon can expand. Renee is scheduled for 10 clients this week and worries about losing hours if she refuses. The salon displays the owner's cosmetology license and Renee's license at the front desk.

1. Can Renee perform the relaxer touch-up and clipper cut under the owner's cosmetology license? Explain.

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No. A North Carolina natural hair care license authorizes natural hair care services within its scope; it does not authorize chemical relaxing or haircutting. A license is personal and cannot be loaned, borrowed, or used to cover another person's service. The owner's cosmetology license does not expand Renee's scope, and the owner being at lunch or even on the premises does not make the service legal. Renee should decline both appointments and tell the owner in writing why. If the owner wants those services offered, the owner or another appropriately licensed cosmetologist must perform them. Renee also should not accept the 15-year-old client for those services or document them under her name. Performing outside scope can expose Renee to Board discipline and the salon to liability, and it deprives the public of the protection that licensure is meant to provide.

2. What are the compliance problems with the unlicensed assistant and the Instagram statement?

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The assistant may not perform services that require a license. Applying braid sealant to a client's scalp and trimming extension ends may appear minor, but if those acts are part of a regulated service, the assistant must hold the appropriate license or work only within a permitted exemption. The salon must verify scope and licensure rather than assume the tasks are exempt. The Instagram claim that every service is performed by a licensed professional is misleading if the assistant is serving clients. Advertising must be truthful; a false or misleading statement can be a consumer-protection and Board issue. The owner should correct the post immediately, stop the assistant from performing regulated services until licensed, and keep verification records. Renee should not train the assistant to apply relaxer; teaching an unlicensed person to perform a chemical service increases the risk of injury and could be viewed as aiding unlicensed practice.

3. What should Renee do to protect her license and the public, and what documentation should she keep?

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Renee should refuse the out-of-scope services and the training request in writing, keep a copy, and ask the owner to correct the schedule and advertising. She should document dates, clients affected, and the owner's instructions. She should not sign or initial another person's service record. She should verify that her own license is current and displayed. If the salon continues to allow unlicensed practice or false advertising, she may report the situation to the North Carolina Board; she should not retaliate or discuss the client's private information. She should also keep evidence of any corrective action. Protecting her license means staying within scope even when pressured, because 'the owner told me to' is not a defense. If she is unsure whether a service is within her scope, she should ask the Board before performing it.