(A) This chapter shall not apply to the following individuals while engaged in the personal performance of the duties of their respective professions:
(1) Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the state;
(2) Nurses who are registered under the laws of this state; and
(3) Barbers and beauticians who are duly licensed under the laws of this state except that this exemption shall apply solely to the massaging of the neck, face, scalp and hair of the customer or client for cosmetic or beautifying purposes.
(B) In any prosecution for violation of this chapter, the foregoing exemptions shall constitute affirmative defenses and it shall be incumbent upon the defendant to show that he or she or the place involved are not subject to the provisions of this chapter. Nothing herein contained shall be deemed to shift the burden of proof of the violation to the defendant.
(Ord. 160, passed 11-9-2010)