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H.B. 379
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10 LONG TITLE
11 General Description:
12 This bill amends definition and licensing qualification provisions of the Barber,
13 Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act.
14 Highlighted Provisions:
15 This bill:
16 . modifies the definitions of the practice of basic esthetics and practice of
17 cosmetology/barbering;
18 . provides for acceptance of graduation from an out-of-state recognized esthetics
19 school or cosmetology/barbering school and practicing at least 4,000 hours as a
20 licensed esthetician as another option for satisfying one of the requirements to
21 become a licensed master esthetician; and
22 . provides for the accepted transferability of credit hours towards graduation.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 58-11a-102, as last amended by Laws of Utah 2009, Chapter 130
30 58-11a-302, as last amended by Laws of Utah 2009, Chapters 130 and 183
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32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 58-11a-102 is amended to read:
34 58-11a-102. Definitions.
35 As used in this chapter:
36 (1) "Approved barber or cosmetologist/barber apprenticeship" means an apprenticeship
37 that meets the requirements of Subsection 58-11a-306 (1) for barbers or Subsection
38 58-11a-306 (2) for cosmetologist/barbers and the requirements established by rule by the
39 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
40 Administrative Rulemaking Act.
41 (2) "Approved esthetician apprenticeship" means an apprenticeship that meets the
42 requirements of Subsection 58-11a-306 (3) and the requirements established by rule by the
43 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
44 Administrative Rulemaking Act.
45 (3) "Approved master esthetician apprenticeship" means an apprenticeship that meets
46 the requirements of Subsection 58-11a-306 (4) and the requirements established by rule by the
47 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
48 Administrative Rulemaking Act.
49 (4) "Approved nail technician apprenticeship" means an apprenticeship that meets the
50 requirements of Subsection 58-11a-306 (5) and the requirements established by rule by the
51 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
52 Administrative Rulemaking Act.
53 (5) "Barber" means a person who is licensed under this chapter to engage in the
54 practice of barbering.
55 (6) "Barber instructor" means a barber who is licensed under this chapter to teach
56 barbering at a licensed barber school or in an apprenticeship program as defined in Section
57 58-11a-306 .
58 (7) "Board" means the Barber, Cosmetology/Barbering, Esthetics, Electrology, and
59 Nail Technology Licensing Board created in Section 58-11a-201 .
60 (8) "Cosmetologist/barber" means a person who is licensed under this chapter to
61 engage in the practice of cosmetology/barbering.
62 (9) "Cosmetologist/barber instructor" means a cosmetologist/barber who is licensed
63 under this chapter to teach cosmetology/barbering at a licensed cosmetology/barber school,
64 licensed barber school, licensed nail technology school, or in an apprenticeship program as
65 defined in Subsection 58-11a-306 (2).
66 (10) "Direct supervision" means that the supervisor of an apprentice or the instructor of
67 a student is immediately available for consultation, advice, instruction, and evaluation.
68 (11) "Electrologist" means a person who is licensed under this chapter to engage in the
69 practice of electrology.
70 (12) "Electrologist instructor" means an electrologist who is licensed under this chapter
71 to teach electrology at a licensed electrology school.
72 (13) "Esthetician" means a person who is licensed under this chapter to engage in the
73 practice of esthetics.
74 (14) "Esthetician instructor" means a master esthetician who is licensed under this
75 chapter to teach the practice of esthetics and the practice of master-level esthetics at a licensed
76 esthetics school, a licensed cosmetology/barber school, or in an apprenticeship program as
77 defined in Subsection 58-11a-306 (3).
78 (15) "Fund" means the Barber, Cosmetologist/Barber, Esthetician, Electrologist, and
79 Nail Technician Education and Enforcement Fund created in Section 58-11a-103 .
80 (16) "Licensed barber or cosmetology/barber school" means a barber or
81 cosmetology/barber school licensed under this chapter.
82 (17) "Licensed electrology school" means an electrology school licensed under this
83 chapter.
84 (18) "Licensed esthetics school" means an esthetics school licensed under this chapter.
85 (19) "Licensed nail technology school" means a nail technology school licensed under
86 this chapter.
87 (20) "Master esthetician" means an individual who is licensed under this chapter to
88 engage in the practice of master-level esthetics.
89 (21) "Nail technician" means an individual who is licensed under this chapter to engage
90 in the practice of nail technology.
91 (22) "Nail technician instructor" means a nail technician licensed under this chapter to
92 teach the practice of nail technology in a licensed nail technology school, a licensed
93 cosmetology/barber school, or in an apprenticeship program as defined in Subsection
94 58-11a-306 (5).
95 (23) "Practice of barbering" means:
96 (a) cutting, clipping, or trimming the hair of the head of any person by the use of
97 scissors, shears, clippers, or other appliances;
98 (b) draping, shampooing, scalp treatments, basic wet styling, and blow drying; and
99 (c) removing hair from the face or neck of a person by the use of shaving equipment.
100 (24) "Practice of barbering instruction" means instructing barbering in a licensed
101 barber school, licensed cosmetology/barber school, or in an apprenticeship program as defined
102 in Subsection 58-11a-306 (1).
103 (25) "Practice of basic esthetics" means any one of the following skin care procedures
104 done on the head, face, neck, arms, hands, legs, feet, eyebrows, or eyelashes for cosmetic
105 purposes and not for the treatment of medical, physical, or mental ailments:
106 (a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or
107 masks, manual extraction, including a comodone extractor, depilatories, waxes, tweezing, the
108 application of eyelash extensions, makeup application, natural nail manicures or pedicures, or
109 callous removal by buffing or filing;
110 (b) limited chemical exfoliation as defined by rule;
111 (c) removing superfluous hair by means other than electrolysis;
112 (d) other esthetic preparations or procedures with the use of the hands, a
113 high-frequency or galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not
114 for the treatment of medical, physical, or mental ailments; or
115 (e) cosmetic laser procedures under direct supervision of a licensed health care
116 practitioner as defined by rule, limited to the following:
117 (i) superfluous hair removal;
118 (ii) anti-aging resurfacing enhancements;
119 (iii) photo rejuvenation; or
120 (iv) tattoo removal.
121 (26) (a) "Practice of cosmetology/barbering" means:
122 (i) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
123 singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
124 person;
125 (ii) cutting, clipping, or trimming the hair by the use of scissors, shears, clippers, or
126 other appliances;
127 (iii) arching eyebrows, or tinting eyebrows or eyelashes, [
128 extensions, or any combination of these procedures;
129 (iv) removing hair from the face, neck, shoulders, arms, back, torso, feet, bikini line,
130 or legs of a person by the use of depilatories, waxing, or shaving equipment;
131 (v) cutting, curling, styling, fitting, measuring, or forming caps for wigs or hairpieces
132 or both on the human head; or
133 (vi) practicing hair weaving or hair fusing or servicing previously medically implanted
134 hair.
135 (b) The term "practice of cosmetology/barbering" includes:
136 (i) the practice of basic esthetics; and
137 (ii) the practice of nail technology.
138 (27) "Practice of cosmetology/barbering instruction" means instructing
139 cosmetology/barbering as defined in Subsection (26) in a licensed cosmetology/barber school
140 or in an apprenticeship program as defined in Subsection 58-11a-306 (2).
141 (28) "Practice of electrology" means:
142 (a) the removal of superfluous hair from the body of a person by the use of electricity,
143 waxing, shaving, or tweezing; or
144 (b) cosmetic laser procedures under the general supervision of a licensed health care
145 practitioner as defined by rule, limited to superfluous hair removal.
146 (29) "Practice of electrology instruction" means instructing electrology in a licensed
147 electrology school.
148 (30) "Practice of esthetics instruction" means instructing esthetics in a licensed
149 esthetics school, a licensed cosmetology/barber school, or instructing master-level esthetics in a
150 licensed esthetics school or in an apprenticeship program as defined in Subsections
151 58-11a-306 (2), (3), and (4).
152 (31) (a) "Practice of master-level esthetics" means:
153 (i) any of the following when done for cosmetic purposes on the head, face, neck,
154 torso, abdomen, back, arms, hands, legs, feet, eyebrows, or eyelashes and not for the treatment
155 of medical, physical, or mental ailments:
156 (A) body wraps as defined by rule;
157 (B) hydrotherapy as defined by rule;
158 (C) chemical exfoliation as defined by rule;
159 (D) advanced pedicures as defined by rule;
160 (E) sanding, including microdermabrasion;
161 (F) advanced extraction;
162 (G) other esthetic preparations or procedures with the use of:
163 (I) the hands; or
164 (II) a mechanical or electrical apparatus which is approved for use by division rule for
165 beautifying or similar work performed on the body for cosmetic purposes and not for the
166 treatment of a medical, physical, or mental ailment; or
167 (H) cosmetic laser procedures under the general supervision of a licensed health care
168 practitioner as defined by rule, with a physician's evaluation before the procedure, as needed,
169 and limited to the following:
170 (I) superfluous hair removal;
171 (II) anti-aging resurfacing enhancements;
172 (III) photo rejuvenation; or
173 (IV) tattoo removal with a physician's evaluation before the tattoo removal procedure;
174 and
175 (ii) lymphatic massage by manual or other means as defined by rule.
176 (b) Notwithstanding the provisions of Subsection (31)(a), a master-level esthetician
177 may perform procedures listed in Subsection (31)(a)(i) for noncosmetic purposes if done under
178 the supervision of a licensed health care practitioner acting within the scope of the licensed
179 health care practitioner's license as defined by rule.
180 (c) The term "practice of master-level esthetics" includes the practice of esthetics.
181 (32) "Practice of nail technology" means to trim, cut, clean, manicure, shape, massage,
182 or enhance the appearance of the hands, feet, and nails of an individual by the use of hands,
183 mechanical, or electrical preparation, antiseptic, lotions, or creams, including the application
184 and removal of sculptured or artificial nails.
185 (33) "Practice of nail technology instruction" means instructing nail technology in a
186 licensed nail technician school, licensed cosmetology/barber school, or in an apprenticeship
187 program as defined in Subsection 58-11a-306 (5).
188 (34) "Recognized barber school" means a barber school located in a state other than
189 Utah, whose students, upon graduation, are recognized as having completed the educational
190 requirements for licensure in that state.
191 (35) "Recognized cosmetology/barber school" means a cosmetology/barber school
192 located in a state other than Utah, whose students, upon graduation, are recognized as having
193 completed the educational requirements for licensure in that state.
194 (36) "Recognized electrology school" means an electrology school located in a state
195 other than Utah, whose students, upon graduation, are recognized as having completed the
196 educational requirements for licensure in that state.
197 (37) "Recognized esthetics school" means an esthetics school located in a state other
198 than Utah, whose students, upon graduation, are recognized as having completed the
199 educational requirements for licensure in that state.
200 (38) "Recognized nail technology school" means a nail technology school located in a
201 state other than Utah, whose students, upon graduation, are recognized as having completed the
202 educational requirements for licensure in that state.
203 (39) "Salon" means a place, shop, or establishment in which cosmetology/barbering,
204 esthetics, electrology, or nail technology is practiced.
205 (40) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-11a-502 .
206 (41) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-11a-501 and
207 as may be further defined by rule by the division in collaboration with the board in accordance
208 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
209 Section 2. Section 58-11a-302 is amended to read:
210 58-11a-302. Qualifications for licensure.
211 (1) Each applicant for licensure as a barber shall:
212 (a) submit an application in a form prescribed by the division;
213 (b) pay a fee determined by the department under Section 63J-1-504 ;
214 (c) be of good moral character;
215 (d) provide satisfactory documentation of:
216 (i) graduation from a licensed or recognized barber school or a licensed or recognized
217 cosmetology/barber school whose curriculum consists of a minimum of 1,000 hours of
218 instruction or the equivalent number of credit hours over a period of not less than 25 weeks;
219 (ii) (A) having graduated from a recognized barber school located in a state other than
220 Utah whose curriculum consists of less than 1,000 hours of instruction or the equivalent
221 number of credit hours; and
222 (B) having practiced as a licensed barber for a period of not less than 2,000 hours; or
223 (iii) having completed an approved barber apprenticeship; and
224 (e) meet the examination requirement established by rule.
225 (2) Each applicant for licensure as a barber instructor shall:
226 (a) submit an application in a form prescribed by the division;
227 (b) pay a fee determined by the department under Section 63J-1-504 ;
228 (c) provide satisfactory documentation that the applicant is currently licensed as a
229 barber;
230 (d) be of good moral character;
231 (e) provide satisfactory documentation of completion of:
232 (i) an instructor training program conducted by a licensed or recognized school as
233 defined by rule consisting of a minimum of 500 hours or the equivalent number of credit hours;
234 or
235 (ii) a minimum of 2,000 hours of experience as a barber; and
236 (f) meet the examination requirement established by rule.
237 (3) Each applicant for licensure as a barber school shall:
238 (a) submit an application in a form prescribed by the division;
239 (b) pay a fee determined by the department under Section 63J-1-504 ; and
240 (c) provide satisfactory documentation:
241 (i) of appropriate registration with the Division of Corporations and Commercial Code;
242 (ii) of business licensure from the city, town, or county in which the school is located;
243 (iii) that the applicant's physical facilities comply with the requirements established by
244 rule; and
245 (iv) that the applicant meets the standards for barber schools, including staff and
246 accreditation requirements, established by rule.
247 (4) Each applicant for licensure as a cosmetologist/barber shall:
248 (a) submit an application in a form prescribed by the division;
249 (b) pay a fee determined by the department under Section 63J-1-504 ;
250 (c) be of good moral character;
251 (d) provide satisfactory documentation of:
252 (i) graduation from a licensed or recognized cosmetology/barber school whose
253 curriculum consists of a minimum of 2,000 hours of instruction, with full flexibility within the
254 2,000 hours, or the equivalent number of credit hours over a period of not less than 50 weeks;
255 (ii) (A) having graduated from a recognized cosmetology/barber school located in a
256 state other than Utah whose curriculum consists of less than 2,000 hours of instruction, with
257 full flexibility within the 2,000 hours, or the equivalent number of credit hours; and
258 (B) having practiced as a licensed cosmetologist/barber for a period of not less than
259 4,000 hours; or
260 (iii) having completed an approved cosmetology/barber apprenticeship; and
261 (e) meet the examination requirement established by rule.
262 (5) Each applicant for licensure as a cosmetologist/barber instructor shall:
263 (a) submit an application in a form prescribed by the division;
264 (b) pay a fee determined by the department under Section 63J-1-504 ;
265 (c) provide satisfactory documentation that the applicant is currently licensed as a
266 cosmetologist/barber;
267 (d) be of good moral character;
268 (e) provide satisfactory documentation of completion of:
269 (i) an instructor training program conducted by a licensed or recognized school as
270 defined by rule consisting of a minimum of 1,000 hours or the equivalent number of credit
271 hours; or
272 (ii) a minimum of 4,000 hours of experience as a cosmetologist/barber; and
273 (f) meet the examination requirement established by rule.
274 (6) Each applicant for licensure as a cosmetologist/barber school shall:
275 (a) submit an application in a form prescribed by the division;
276 (b) pay a fee determined by the department under Section 63J-1-504 ; and
277 (c) provide satisfactory documentation:
278 (i) of appropriate registration with the Division of Corporations and Commercial Code;
279 (ii) of business licensure from the city, town, or county in which the school is located;
280 (iii) that the applicant's physical facilities comply with the requirements established by
281 rule; and
282 (iv) that the applicant meets the standards for cosmetology schools, including staff and
283 accreditation requirements, established by rule.
284 (7) Each applicant for licensure as an electrologist shall:
285 (a) submit an application in a form prescribed by the division;
286 (b) pay a fee determined by the department under Section 63J-1-504 ;
287 (c) be of good moral character;
288 (d) provide satisfactory documentation of having graduated from a licensed or
289 recognized electrology school after completing a curriculum of 600 hours of instruction or the
290 equivalent number of credit hours; and
291 (e) meet the examination requirement established by rule.
292 (8) Each applicant for licensure as an electrologist instructor shall:
293 (a) submit an application in a form prescribed by the division;
294 (b) pay a fee determined by the department under Section 63J-1-504 ;
295 (c) provide satisfactory documentation that the applicant is currently licensed as an
296 electrologist;
297 (d) be of good moral character;
298 (e) provide satisfactory documentation of completion of:
299 (i) an instructor training program conducted by a licensed or recognized school as
300 defined by rule consisting of a minimum of 175 hours or the equivalent number of credit hours;
301 or
302 (ii) a minimum of 1,000 hours of experience as an electrologist; and
303 (f) meet the examination requirement established by rule.
304 (9) Each applicant for licensure as an electrologist school shall:
305 (a) submit an application in a form prescribed by the division;
306 (b) pay a fee determined by the department under Section 63J-1-504 ; and
307 (c) provide satisfactory documentation:
308 (i) of appropriate registration with the Division of Corporations and Commercial Code;
309 (ii) of business licensure from the city, town, or county in which the school is located;
310 (iii) that the applicant's facilities comply with the requirements established by rule; and
311 (iv) that the applicant meets the standards for electrologist schools, including staff,
312 curriculum, and accreditation requirements, established by rule.
313 (10) Each applicant for licensure as an esthetician shall:
314 (a) submit an application in a form prescribed by the division;
315 (b) pay a fee determined by the department under Section 63J-1-504 ;
316 (c) be of good moral character;
317 (d) provide satisfactory documentation of one of the following:
318 (i) graduation from a licensed or recognized esthetic school or a licensed or recognized
319 cosmetology/barber school whose curriculum consists of not less than 15 weeks of esthetic
320 instruction with a minimum of 600 hours or the equivalent number of credit hours;
321 (ii) completion of an approved esthetician apprenticeship; or
322 (iii) (A) having graduated from a recognized cosmetology/barber school located in a
323 state other than Utah whose curriculum consists of less than 2,000 hours of instruction with full
324 flexibility within the 2,000 hours or the equivalent number of credit hours; and
325 (B) having practiced as a licensed cosmetologist/barber for a period of not less than
326 4,000 hours; and
327 (e) meet the examination requirement established by division rule.
328 (11) Each applicant for licensure as a master esthetician shall:
329 (a) submit an application in a form prescribed by the division;
330 (b) pay a fee determined by the department under Section 63J-1-504 ;
331 (c) be of good moral character; and
332 (d) provide satisfactory documentation of one of the following:
333 (i) (A) completion of at least 1,200 hours of training or the equivalent number of credit
334 hours over a period of not less than 30 weeks at a licensed or recognized esthetics school; or
335 (B) accepting up to 600 hours or credit hours towards the 1,200 hours of training or
336 equivalent number of credit hours from an applicant who has graduated from a licensed or
337 recognized cosmetology/barbering school whose curriculum consists of a minimum of 2,000
338 hours of instruction with full flexibility within the 2,000 hours, or the equivalent number of
339 credit hours; and
340 (C) for practice of lymphatic massage, provide satisfactory documentation to show
341 completion of 200 hours of training or equivalent number of credit hours in lymphatic massage
342 as defined by division rule; or
343 (ii) completion of an approved master esthetician apprenticeship; [
344 (iii) accepting up to 600 hours or credit hours towards the 1,200 hours of training or
345 equivalent number of credit hours from a recognized cosmetology/barber school located in a
346 state other than Utah whose curriculum consists of less than 2,000 hours of instruction or the
347 equivalent number of credit hours; [
348 (iv) (A) having graduated from a recognized esthetics school or a recognized
349 cosmetology/barber school located in a state other than Utah whose curriculum consists of less
350 than 1,200 hours of instruction, with full flexibility within the 1,200 hours or the equivalent
351 number of credit hours; and
352 (B) having practiced as a licensed esthetician for a period of not less than 4,000 hours;
353 and
354 (e) meet the examination requirement established by division rule.
355 (12) Each applicant for licensure as an esthetician instructor shall:
356 (a) submit an application in a form prescribed by the division;
357 (b) pay a fee determined by the department under Section 63J-1-504 ;
358 (c) provide satisfactory documentation that the applicant is currently licensed as a
359 master esthetician;
360 (d) be of good moral character;
361 (e) provide satisfactory documentation of completion of:
362 (i) an instructor training program conducted by a licensed or recognized school as
363 defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
364 hours; or
365 (ii) a minimum of 1,000 hours of experience in esthetics; and
366 (f) meet the examination requirement established by rule.
367 (13) Each applicant for licensure as an esthetics school shall:
368 (a) submit an application in a form prescribed by the division;
369 (b) pay a fee determined by the department under Section 63J-1-504 ; and
370 (c) provide satisfactory documentation:
371 (i) of appropriate registration with the Division of Corporations and Commercial Code;
372 (ii) of business licensure from the city, town, or county in which the school is located;
373 (iii) that the applicant's physical facilities comply with the requirements established by
374 rule; and
375 (iv) that the applicant meets the standards for esthetics schools, including staff,
376 curriculum, and accreditation requirements, established by division rule made in collaboration
377 with the board.
378 (14) Each applicant for licensure as a nail technician shall:
379 (a) submit an application in a form prescribed by the division;
380 (b) pay a fee determined by the department under Section 63J-1-504 ;
381 (c) be of good moral character; and
382 (d) provide satisfactory documentation of:
383 (i) graduation from a licensed or recognized nail technology school or a licensed or
384 recognized cosmetology/barber school whose curriculum consists of not less than 300 hours or
385 the equivalent number of credit hours of not more than eight hours a day and six days a week
386 during the program; [
387 (ii) (A) having graduated from a recognized nail technology school located in a state
388 other than Utah whose curriculum consists of less than 300 hours of instruction or the
389 equivalent number of credit hours; and
390 (B) having practiced as a licensed nail technician for a period of not less than 1,000
391 hours; or
392 (iii) having completed an approved nail technician apprenticeship; and
393 (e) meet the examination requirement established by division rule.
394 (15) Each applicant for licensure as a nail technician instructor shall:
395 (a) submit an application in a form prescribed by the division;
396 (b) pay a fee determined by the department under Section 63J-1-504 ;
397 (c) provide satisfactory documentation that the applicant is currently licensed as a nail
398 technician;
399 (d) be of good moral character;
400 (e) provide satisfactory documentation of completion of:
401 (i) an instructor training program conducted by a licensed or recognized school as
402 defined by rule consisting of a minimum of 150 hours or the equivalent number of credit hours;
403 or
404 (ii) a minimum of 600 hours of experience in nail technology; and
405 (f) meet the examination requirement established by rule.
406 (16) Each applicant for licensure as a nail technology school shall:
407 (a) submit an application in a form prescribed by the division;
408 (b) pay a fee determined by the department under Section 63J-1-504 ; and
409 (c) provide satisfactory documentation:
410 (i) of appropriate registration with the Division of Corporations and Commercial Code;
411 (ii) of business licensure from the city, town, or county in which the school is located;
412 (iii) that the applicant's facilities comply with the requirements established by rule; and
413 (iv) that the applicant meets the standards for nail technology schools, including staff,
414 curriculum, and accreditation requirements, established by rule.
415 (17) Each applicant for licensure under this chapter whose education in the field for
416 which a license is sought was completed at a foreign school may satisfy the educational
417 requirement for licensure by demonstrating, to the satisfaction of the division, the educational
418 equivalency of the foreign school education with a licensed school under this chapter.
419 (18) (a) A licensed or recognized school under this section may accept credit hours
420 towards graduation for any profession listed in this section.
421 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
422 consistent with this section, the division may make rules governing the acceptance of credit
423 hours under Subsection (18)(a).
Legislative Review Note
as of 2-9-10 7:59 AM