Occupations and Professions
Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act
Section 501
Unprofessional conduct.
     58-11a-501.   Unprofessional conduct.
     Unprofessional conduct includes:
     (1) failing as a licensed school to obtain or maintain accreditation as required by rule;
     (2) failing as a licensed school to comply with the standards of accreditation applicable to such schools;
     (3) failing as a licensed school to provide adequate instruction to enrolled students;
     (4) failing as an apprentice supervisor to provide direct supervision to the apprentice;
     (5) failing as an instructor to provide direct supervision to students under their instruction;
     (6) failing as an apprentice supervisor to comply with division rules relating to apprenticeship programs under this chapter;
     (7) keeping a salon or school, its furnishing, tools, utensils, linen, or appliances in an unsanitary condition;
     (8) failing to comply with Title 26, Utah Health Code;
     (9) failing to display licenses or certificates as required under Section 58-11a-305;
     (10) failing to comply with physical facility requirements established by rule;
     (11) failing to maintain mechanical or electrical equipment in safe operating condition;
     (12) failing to adequately monitor patrons using steam rooms, dry heat rooms, baths, showers, or saunas;
     (13) prescribing or administering prescription drugs;
     (14) failing to comply with all applicable state and local health or sanitation laws;
     (15) engaging in any act or practice in a professional capacity that is outside the applicable scope of practice;
     (16) engaging in any act or practice in a professional capacity which the licensee is not competent to perform through education or training;
     (17) in connection with the use of a chemical exfoliant, unless under the supervision of a licensed health care practitioner acting within the scope of his or her license:
     (a) using any acid, concentration of an acid, or combination of treatments which violates the standards established by rule;
     (b) removing any layer of skin deeper than the stratum corneum of the epidermis; or
     (c) using an exfoliant that contains phenol, TCA acid of over 15%, or BCA acid;
     (18) in connection with the sanding of the skin, unless under the supervision of a licensed health care practitioner acting within the scope of his or her license, removing any layer of skin deeper than the stratum corneum of the epidermis; or
     (19) using as a barber, cosmetologist/barber, or nail technician any laser procedure or intense, pulsed light source, except that nothing in this chapter precludes an individual licensed under this chapter from using a nonprescriptive laser device.

Amended by Chapter 130, 2009 General Session
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