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H.B. 260

1    

LICENSURE OF ESTHETICIANS AND NAIL

2    
TECHNICIANS WITHIN THE

3    
COSMETOLOGIST/BARBERING LICENSING ACT

4    
1997 GENERAL SESSION

5    
STATE OF UTAH

6    
Sponsor: Orville D. Carnahan

7    AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; REQUIRING
8    ESTHETICIANS AND NAIL TECHNICIANS TO BE LICENSED; SETTING FORTH
9    REQUIREMENTS FOR LICENSURE AS AN ESTHETICIAN OR NAIL TECHNICIAN;
10    BRINGING ESTHETICIANS AND NAIL TECHNICIANS WITHIN THE JURISDICTION
11    OF THE COSMETOLOGY/BARBERING BOARD; AMENDING THE COMPOSITION OF
12    THE COSMETOLOGY/BARBERING BOARD TO INCLUDE AN ESTHETICIAN AND A
13    NAIL TECHNICIAN; MAKING TECHNICAL AND CONFORMING AMENDMENTS; AND
14    PROVIDING AN EFFECTIVE DATE.
15    This act affects sections of Utah Code Annotated 1953 as follows:
16    AMENDS:
17         58-11a-102, as enacted by Chapter 96, Laws of Utah 1996
18         58-11a-201, as enacted by Chapter 96, Laws of Utah 1996
19         58-11a-301, as enacted by Chapter 96, Laws of Utah 1996
20         58-11a-302, as enacted by Chapter 96, Laws of Utah 1996
21         58-11a-303, as enacted by Chapter 96, Laws of Utah 1996
22         58-11a-304, as enacted by Chapter 96, Laws of Utah 1996
23         58-11a-305, as enacted by Chapter 96, Laws of Utah 1996
24         58-11a-306, as enacted by Chapter 96, Laws of Utah 1996
25         58-11a-501, as enacted by Chapter 96, Laws of Utah 1996
26    Be it enacted by the Legislature of the state of Utah:
27        Section 1. Section 58-11a-102 is amended to read:


1         58-11a-102. Definitions.
2        (1) "Approved cosmetologist/barber apprenticeship" means an apprenticeship that meets
3    the requirements of Section 58-11a-306 and the requirements established by rule.
4        (2) "Approved esthetician apprenticeship" means an apprenticeship that meets the
5    requirements of Section 58-11a-306 and the requirements established by rule.
6        (3) "Approved nail technician apprenticeship" means an apprenticeship that meets the
7    requirements of Section 58-11a-306 and the requirements established by rule.
8        [(2)] (4) "Board" means the Cosmetology/Barbering Licensing Board created in Section
9    58-11a-201.
10        [(3)] (5) "Cosmetologist/barber" means a person who is licensed under this chapter to
11    engage in the practice of cosmetology/barbering.
12        [(4)] (6) "Cosmetologist/barber apprentice" means a person who is licensed under this
13    chapter to engage in the practice of cosmetology/barbering in an approved cosmetologist/barber
14    apprenticeship.
15        [(5)] (7) "Cosmetologist/barber instructor" means a cosmetologist/barber who is licensed
16    under this chapter to teach cosmetology/barbering at a licensed cosmetology/barber school.
17        [(7)] (8) "Direct supervision" means that the supervisor of the cosmetology/barber
18    apprentice or instructor of a cosmetology/barber student is immediately available for consultation,
19    advice, instruction, and evaluation.
20        [(8)] (9) "Electrologist" means a person who is licensed under this chapter to engage in
21    the practice of electrology.
22        (10) "Esthetician" means an individual who is licensed under this chapter to engage in
23    practice as an esthetician.
24        (11) "Esthetician apprentice" means an individual who is licensed under this chapter to
25    engage in practice as an esthetician in an approved esthetician apprenticeship.
26        (12) "Esthetician instructor" means an esthetician licensed under this chapter to teach the
27    practice of estheticians in a licensed esthetician school.
28        (13) "Esthetician school" means an esthetician school licensed under this chapter.
29        [(9)] (14) "Licensed cosmetology/barber school" means a cosmetology/barber school
30    licensed under this chapter.
31        (15) "Nail technician" means an individual who is licensed under this chapter to engage

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1    in practice as a nail technician.
2        (16) "Nail technician apprentice" means an individual who is licensed under this chapter
3    to engage in practice as a nail technician in an approved nail technician apprenticeship.
4        (17) "Nail technician instructor" means a nail technician licensed under this chapter to
5    teach the practice of nail technicians in a licensed nail technician school.
6        (18) "Nail technician school" means a nail technician school licensed under this chapter.
7        [(10)] (19) "Practice of cosmetology/barbering" or "practice as a cosmetologist/barber"
8    means:
9        (a) styling, arranging, dressing, curling, waving, permanent waving, cleansing, singeing,
10    bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a person;
11        (b) cutting, clipping, or trimming the hair by the use of scissors, shears, clippers, or other
12    appliances;
13        (c) arching eyebrows, or tinting eyebrows or eyelashes, or both;
14        (d) removing hair from the face, neck, shoulders, arms, or legs of a person by the use of
15    depilatories or shaving equipment;
16        (e) cutting, curling, styling, fitting, measuring, or forming caps for wigs or hairpieces or
17    both on the human head; or
18        (f) practicing hair weaving or hair fusing or servicing previously medically implanted hair.
19        [(11)] (20) "Practice of cosmetology/barbering instruction" means instructing
20    cosmetology/barbering in a licensed cosmetology/barber school.
21        [(12)] (21) "Practice of electrology" means the removal of superfluous hair from the body
22    of a person by the use of electricity.
23        (22) (a) "Practice as an esthetician" or "practice of estheticians" means to enhance the
24    appearance of the face, neck, arms, legs, and shoulders of an individual by topically massaging,
25    cleaning, or stimulating those areas with or without the use of compounds or procedures including
26    makeup, eyelashes, depilatories, tonics, lotions, waxes, sanding, and tweezing, whether performed
27    by manual, mechanical, chemical, or electrical means and instruments.
28        (b) "Practice as an esthetician" does not mean the practice of electrology as defined this
29    section.
30        (23) "Practice as a nail technician" or "practice of nail technicians" means to cut, clean,
31    manicure, shape, massage, or enhance the appearance of the nails of the hands or feet of an

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1    individual including the application and removal of sculptured or artificial nails.
2        [(13)] (24) "Recognized cosmetology/barber school" means a cosmetology/barber school
3    located in another state, whose students, upon graduation, are recognized as having completed the
4    educational requirements for licensure in that state.
5        [(14)] (25) "Recognized electrology school" means an electrology school:
6        (a) located in this state whose curriculum consists of 500 hours of instruction approved
7    by rule; or
8        (b) located in another state:
9        (i) whose curriculum consists of 500 hours of instruction; and
10        (ii) whose students, upon graduation, are recognized as having completed the educational
11    requirements for licensure in that state.
12        (26) "Recognized esthetician school" means an esthetician school:
13        (a) located in this state whose curriculum consists of 750 hours of instruction approved
14    by rule; or
15        (b) located in another state:
16        (i) whose curriculum consists of 750 hours of instruction; and
17        (ii) whose students, upon graduation, are recognized as having completed the educational
18    requirements for licensure in that state.
19        (27) "Recognized nail technician school" means a nail technician school:
20        (a) located in this state whose curriculum consists of 350 hours of instruction approved
21    by rule; or
22        (b) located in another state:
23        (i) whose curriculum consists of 350 hours of instruction; and
24        (ii) whose students, upon graduation, are recognized as having completed the educational
25    requirements for licensure in that state.
26        [(6)] (28) "[Cosmetology/barber shop] Shop" means a place, shop, or establishment in
27    which [cosmetology, barbering, or both, are practiced] a licensee under this chapter is engaged in
28    the practice of cosmetology/barbering, electrology, estheticians, or nail technicians.
29        [(15)] (29) "Unlawful conduct" is as defined in Section 58-1-501.
30        [(16)] (30) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-11a-501
31    and as may be further defined by rule.

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1        Section 2. Section 58-11a-201 is amended to read:
2         58-11a-201. Board.
3        (1) There is created the Cosmetology/Barbering Licensing Board consisting of:
4        (a) three cosmetologists/barbers;
5        (b) one cosmetologist/barber instructor;
6        (c) one representative of a cosmetology/barber school;
7        (d) one electrologist; [and]
8        (e) one esthetician;
9        (f) one nail technician; and
10        [(e)] (g) one member from the general public.
11        (2) The board shall be appointed and serve in accordance with Section 58-1-201.
12        (3) The duties and responsibilities of the board are in accordance with Sections 58-1-202
13    and 58-1-203. In addition, the board shall designate one of its members on a permanent or rotating
14    basis to:
15        (a) assist the division in reviewing complaints concerning the unlawful or unprofessional
16    conduct of a licensee; and
17        (b) advise the division in its investigation of these complaints.
18        (4) A board member who has, under Subsection (3), reviewed a complaint or advised in
19    its investigation may be disqualified from participating with the board when the board serves as
20    a presiding officer in an adjudicative proceeding concerning the complaint.
21        Section 3. Section 58-11a-301 is amended to read:
22         58-11a-301. Licensure required -- License classifications.
23        (1) Except as specifically provided in Section 58-1-307 or 58-11a-305, a license is
24    required to engage in the practice of:
25        (a) cosmetology/ barbering;
26        (b) cosmetology/barbering instruction; [or]
27        (c) electrology[.];
28        (d) esthetician;
29        (e) esthetician instruction;
30        (f) nail technician; or
31        (g) nail technician instruction.

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1        (2) The division shall issue to a person who qualifies under this chapter a license in the
2    following classifications:
3        (a) cosmetologist/barber;
4        (b) cosmetologist/barber apprentice;
5        (c) cosmetologist/barber instructor;
6        (d) electrologist; [and]
7        (e) esthetician;
8        (f) esthetician apprentice;
9        (g) esthetician instructor;
10        (h) nail technician;
11        (i) nail technician apprentice;
12        (j) nail technician instructor;
13        [(e)] (k) cosmetology/barber school[.];
14        (l) esthetician school; and
15        (m) nail technician school.
16        Section 4. Section 58-11a-302 is amended to read:
17         58-11a-302. Qualifications for licensure.
18        (1) Each applicant for licensure as a cosmetologist/barber shall:
19        (a) submit an application in a form prescribed by the division;
20        (b) pay a fee determined by the department under Section 63-38-3.2;
21        (c) be of good moral character;
22        (d) provide satisfactory documentation of:
23        (i) graduation from a licensed or recognized cosmetology/barber school whose curriculum
24    consists of a minimum of 2,000 hours of instruction over a period of not less than 12 months;
25        (ii) (A) having graduated from a recognized cosmetology/barber school whose curriculum
26    consists of less than 2,000 hours of instruction; and
27        (B) having practiced as a licensed cosmetologist/barber for a period of not less than 4,000
28    hours; or
29        (iii) having completed an approved cosmetology/barber apprenticeship; and
30        (e) meet the examination requirement established by rule.
31        (2) Each applicant for licensure as a cosmetologist/barber apprentice shall:

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1        (a) submit an application in a form prescribed by the division;
2        (b) pay a fee determined by the department under Section 63-38-3.2;
3        (c) be of good moral character;
4        (d) meet the examination requirement established by rule; and
5        (e) provide satisfactory documentation of having enrolled in an approved
6    cosmetology/barber apprenticeship.
7        (3) Each applicant for licensure as a cosmetologist/barber instructor shall:
8        (a) submit an application in a form prescribed by the division;
9        (b) pay a fee determined by the department under Section 63-38-3.2;
10        (c) provide satisfactory documentation that the applicant is currently licensed as a
11    cosmetologist/barber;
12        (d) be of good moral character;
13        (e) provide satisfactory documentation of completion of:
14        (i) an instructor training program conducted by a cosmetology/barber school consisting
15    of a minimum of 1,000 hours; or
16        (ii) a minimum of 4,000 hours of experience as a cosmetologist/barber; and
17        (f) meet the examination requirement established by rule.
18        (4) Each applicant for licensure as an electrologist shall:
19        (a) submit an application in a form prescribed by the division;
20        (b) pay a fee determined by the department under Section 63-38-3.2;
21        (c) be of good moral character;
22        (d) provide satisfactory documentation of having graduated from a recognized electrology
23    school after completing a curriculum of 500 hours of instruction approved by rule; and
24        (e) meet the examination requirement established by rule.
25        (5) Each applicant for licensure as an esthetician shall:
26        (a) submit an application in a form prescribed by the division;
27        (b) pay a fee determined by the department under Section 63-38-3.2;
28        (c) be of good moral character;
29        (d) provide documentation of:
30        (i) graduation from a licensed or recognized esthetician school whose curriculum consists
31    of not less than 750 hours of not more than eight hours a day and six days per week during the

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1    program;
2        (ii) having completed an approved esthetician apprenticeship; or
3        (iii) a minimum of 2,000 hours of experience in the practice of estheticians prior to July
4    1, 1997; and
5        (e) meet the examination requirement established by rule.
6        (6) Each applicant for licensure as an esthetician apprentice shall:
7        (a) submit an application in a form prescribed by the division;
8        (b) pay a fee determined by the department under Section 63-38-3.2;
9        (c) be of good moral character;
10        (d) meet the examination requirement established by rule; and
11        (e) provide satisfactory documentation of having enrolled in an approved esthetician
12    apprenticeship.
13        (7) Each applicant for licensure as an esthetician instructor shall:
14        (a) submit an application in a form prescribed by the division;
15        (b) pay a fee determined by the department under Section 63-38-3.2;
16        (c) provide satisfactory documentation that the applicant is currently licensed as an
17    esthetician;
18        (d) be of good moral character;
19        (e) provide satisfactory documentation of completion of:
20        (i) an instructor training program conducted by an esthetician school consisting of a
21    minimum of 325 hours; or
22        (ii) a minimum of 4,000 hours of experience in the practice of estheticians; and
23        (f) meet the examination requirement established by rule.
24        (8) Each applicant for licensure as a nail technician shall:
25        (a) submit an application in a form prescribed by the division;
26        (b) pay a fee determined by the department under Section 63-38-3.2;
27        (c) be of good moral character;
28        (d) provide documentation of:
29        (i) graduation from a licensed or recognized nail technician school whose curriculum
30    consists of not less than 350 hours of not more than eight hours a day and six days per week during
31    the program;

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1        (ii) having completed an approved nail technician apprenticeship; or
2        (iii) a minimum of 2,000 hours of experience in the practice of nail technicians prior to
3    July 1, 1997; and
4        (e) meet the examination requirement established by rule.
5        (9) Each applicant for licensure as a nail technician apprentice shall:
6        (a) submit an application in a form prescribed by the division;
7        (b) pay a fee determined by the department under Section 63-38-3.2;
8        (c) be of good moral character; and
9        (d) submit documentation on forms prescribed by the division that the applicant is enrolled
10    in an approved nail technician apprenticeship.
11        (10) Each applicant for licensure as a nail technician instructor shall:
12        (a) submit an application in a form prescribed by the division;
13        (b) pay a fee determined by the department under Section 63-38-3.2;
14        (c) provide satisfactory documentation that the applicant is currently licensed as a nail
15    technician;
16        (d) be of good moral character;
17        (e) provide satisfactory documentation of completion of:
18        (i) an instructor training program conducted by a nail technician school consisting of a
19    minimum of 175 hours; or
20        (ii) a minimum of 4,000 hours of experience in the practice of nail technicians; and
21        (f) meet the examination requirement established by rule.
22        [(5)] (11) Each applicant for licensure as a cosmetologist/barber school shall:
23        (a) submit an application in a form prescribed by the division;
24        (b) pay a fee determined by the department under Section 63-38-3.2; and
25        (c) provide satisfactory documentation:
26        (i) of appropriate registration with the Division of Corporations and Commercial Code;
27        (ii) of business licensure from the city, town, or county in which the school is located;
28        (iii) that the applicant's physical facilities comply with the requirements established by
29    rule; and
30        (iv) that the applicant meets the standards for cosmetology/barber schools, including staff
31    and accreditation requirements, established by rule.

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1        (12) Each applicant for licensure as an esthetician school shall:
2        (a) submit an application in a form prescribed by the division;
3        (b) pay a fee determined by the department under Section 63-38-3.2; and
4        (c) provide satisfactory documentation:
5        (i) of appropriate registration with the Division of Corporations and Commercial Code;
6        (ii) of business licensure from the city, town, or county in which the school is located;
7        (iii) that the applicant's physical facilities comply with the requirements established by
8    rule; and
9        (iv) that the applicant meets the standards for esthetician schools, including staff and
10    accreditation requirements, established by rule.
11        (13) Each applicant for licensure as a nail technician school shall:
12        (a) submit an application in a form prescribed by the division;
13        (b) pay a fee determined by the department under Section 63-38-3.2; and
14        (c) provide satisfactory documentation:
15        (i) of appropriate registration with the Division of Corporations and Commercial Code;
16        (ii) of business licensure from the city, town, or county in which the school is located;
17        (iii) that the applicant's physical facilities comply with the requirements established by
18    rule; and
19        (iv) that the applicant meets the standards for nail technician schools, including staff and
20    accreditation requirements, established by rule.
21        Section 5. Section 58-11a-303 is amended to read:
22         58-11a-303. Terms of license -- Expiration -- Renewal.
23        (1) (a) The division shall issue each license under this chapter in accordance with a
24    two-year renewal cycle established by rule, except that a cosmetology/barber, esthetician, or nail
25    technician instructor license is a one-time certificate and does not expire unless the licensee fails
26    to maintain a current cosmetology/barber license.
27        (b) The division may by rule extend or shorten a renewal period by as much as one year
28    to stagger the renewal cycles it administers.
29        (2) At the time of renewal a cosmetology/barber, esthetician, or nail technician school
30    shall:
31        (a) show satisfactory evidence of accreditation with the National Accrediting Commission

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1    of Cosmetology Arts and Sciences or other accrediting commissions recognized by the State Board
2    of Regents for postsecondary schools; and
3        (b) provide satisfactory documentation that the applicant meets the standards for a
4    cosmetology/barber [schools], esthetician, or nail technician school established by rule.
5        (3) Each license expires on the expiration date shown on the license unless the licensee
6    renews it in accordance with Section 58-1-308.
7        Section 6. Section 58-11a-304 is amended to read:
8         58-11a-304. Exemptions from licensure.
9        In addition to the exemptions from licensure in Section 58-1-307, the following persons
10    may engage in [the] acts included in the definition of practice [of cosmetology/barbering] as a
11    cosmetologist/barber, esthetician, or nail technician, without being licensed under this chapter:
12        (1) persons licensed under the laws of this state to engage in the practice of medicine,
13    surgery, osteopathy, or chiropractic when engaged in the practice of the profession for which they
14    are licensed;
15        (2) commissioned physicians and surgeons serving in the armed forces of the United States
16    or another federal agency;
17        (3) registered nurses, undertakers, and morticians licensed under the laws of this state
18    when engaged in the practice of the profession for which they are licensed;
19        (4) persons who visit the state to engage in instructional seminars or competitions of a
20    limited duration;
21        (5) persons who engage in [the practice of cosmetology/barbering] acts included in the
22    definition of practice as a cosmetologist/barber, esthetician, or nail technician without
23    compensation;
24        (6) persons instructing adult education classes and other educational programs directed
25    toward persons who are not licensed [in cosmetology/barbering] as cosmetologist/barbers,
26    estheticians, or nail technicians and that are not intended to train persons to become licensed [to
27    engage in cosmetology/barbering] as cosmetologist/barbers, estheticians, or nail technicians,
28    provided:
29        (a) each instructor is licensed as a cosmetologist/barber, esthetician, or nail technician; and
30        (b) attendees receive no credit toward the educational requirement for licensure; and
31        (7) persons instructing in workshops, seminars, training meetings, and other educational

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1    programs whose purpose is to provide continuing professional development to licensed
2    cosmetologist/barbers [or], electrologists, estheticians, or nail technicians.
3        Section 7. Section 58-11a-305 is amended to read:
4         58-11a-305. Requirement to display license.
5        Each licensee under this chapter shall prominently display the licensee's license where the
6    licensee is engaged in the practice of cosmetology/barbering, electrology, [or] estheticians, nail
7    technicians, cosmetology/barbering instruction, esthetician instruction, or nail technician
8    instruction.
9        Section 8. Section 58-11a-306 is amended to read:
10         58-11a-306. Cosmetologist/barber apprenticeship.
11        (1) A cosmetologist/barber apprenticeship shall:
12        [(1)] (a) consist of not less than 2,500 hours of training in not less than 15 months; and
13        [(2)] (b) be conducted by a supervisor who:
14        [(a)] (i) is licensed under this chapter as a cosmetologist/barber instructor; and
15        [(b)] (ii) provides direct supervision of the cosmetologist/barber apprentice during the
16    apprenticeship program.
17        (2) An esthetician apprenticeship shall:
18        (a) consist of not less than 1,425 hours of training in not less than six months; and
19        (b) be conducted by a supervisor who:
20        (i) is licensed under this chapter as an esthetician instructor; and
21        (ii) provides direct supervision of the esthetician apprentice during the apprenticeship
22    program.
23        (3) A nail technician apprenticeship shall:
24        (a) consist of not less than 750 hours of training in not less than six months; and
25        (b) be conducted by a supervisor who:
26        (i) is licensed under this chapter as a nail technician instructor; and
27        (ii) provides direct supervision of the nail technician apprentice during the apprenticeship
28    program.
29        Section 9. Section 58-11a-501 is amended to read:
30         58-11a-501. Unprofessional conduct.
31        Unprofessional conduct includes:

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1        (1) failing as a cosmetology/barber, esthetician, or nail technician school to obtain or
2    maintain accreditation [as a cosmetology/barber school] as required by rule;
3        (2) failing as a cosmetology/barber, esthetician, or nail technician school to comply with
4    the applicable standards of accreditation [applicable to cosmetology/barber schools];
5        (3) failing as a cosmetology/barber, esthetician, or nail technician school to provide
6    adequate instruction to enrolled students;
7        (4) failing as a [cosmetology/barber] apprentice supervisor of a cosmetologist/barber,
8    esthetician, or nail technician to provide direct supervision to the apprentice;
9        (5) failing as a cosmetology/barber, esthetician, or nail technician instructor to provide
10    direct supervision to [cosmetology/barber] students or [cosmetology/barber] instructor students
11    under [their] his instruction;
12        (6) failing as a cosmetology/barber, esthetician, or nail technician apprentice or supervisor
13    to comply with the apprentice's or supervisor's requirements under an approved apprenticeship
14    program;
15        (7) keeping a shop or school, its furnishing, tools, utensils, linen, or appliances in an
16    unsanitary condition;
17        (8) failing to comply with Title 26, Utah Health Code; and
18        (9) failing to display licenses or certificates as required under Section 58-11a-305.




Legislative Review Note
    as of 1-22-97 10:09 AM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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