H.B. 379

1

OCCUPATIONAL LICENSING AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jeremy A. Peterson
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill adds an exemption from licensure in the Barber, Cosmetologist/Barber,
10 Esthetician, Electrologist, and Nail Technician Licensing Act for a person that braids
11 hair.
12 Highlighted Provisions:
13 This bill:
14 . defines the term "natural hair braiding"; and
15 . adds an exemption from licensure in the Barber, Cosmetologist/Barber, Esthetician,
16 Electrologist, and Nail Technical Licensing Act for a person that braids hair and
17 does not engage in other activity requiring licensure.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 58-11a-102, as last amended by Laws of Utah 2010, Chapter 145
25 58-11a-304, as last amended by Laws of Utah 2007, Chapter 209
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 58-11a-102 is amended to read:
29 58-11a-102. Definitions.
30 As used in this chapter:
31 (1) "Approved barber or cosmetologist/barber apprenticeship" means an apprenticeship
32 that meets the requirements of Subsection 58-11a-306 (1) for barbers or Subsection
33 58-11a-306 (2) for cosmetologist/barbers and the requirements established by rule by the
34 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
35 Administrative Rulemaking Act.
36 (2) "Approved esthetician apprenticeship" means an apprenticeship that meets the
37 requirements of Subsection 58-11a-306 (3) and the requirements established by rule by the
38 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
39 Administrative Rulemaking Act.
40 (3) "Approved master esthetician apprenticeship" means an apprenticeship that meets
41 the requirements of Subsection 58-11a-306 (4) and the requirements established by rule by the
42 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
43 Administrative Rulemaking Act.
44 (4) "Approved nail technician apprenticeship" means an apprenticeship that meets the
45 requirements of Subsection 58-11a-306 (5) and the requirements established by rule by the
46 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
47 Administrative Rulemaking Act.
48 (5) "Barber" means a person who is licensed under this chapter to engage in the
49 practice of barbering.
50 (6) "Barber instructor" means a barber who is licensed under this chapter to teach
51 barbering at a licensed barber school or in an apprenticeship program as defined in Section
52 58-11a-306 .
53 (7) "Board" means the Barber, Cosmetology/Barbering, Esthetics, Electrology, and
54 Nail Technology Licensing Board created in Section 58-11a-201 .
55 (8) "Cosmetologist/barber" means a person who is licensed under this chapter to
56 engage in the practice of cosmetology/barbering.
57 (9) "Cosmetologist/barber instructor" means a cosmetologist/barber who is licensed
58 under this chapter to teach cosmetology/barbering at a licensed cosmetology/barber school,

59 licensed barber school, licensed nail technology school, or in an apprenticeship program as
60 defined in Subsection 58-11a-306 (2).
61 (10) "Direct supervision" means that the supervisor of an apprentice or the instructor of
62 a student is immediately available for consultation, advice, instruction, and evaluation.
63 (11) "Electrologist" means a person who is licensed under this chapter to engage in the
64 practice of electrology.
65 (12) "Electrologist instructor" means an electrologist who is licensed under this chapter
66 to teach electrology at a licensed electrology school.
67 (13) "Esthetician" means a person who is licensed under this chapter to engage in the
68 practice of esthetics.
69 (14) "Esthetician instructor" means a master esthetician who is licensed under this
70 chapter to teach the practice of esthetics and the practice of master-level esthetics at a licensed
71 esthetics school, a licensed cosmetology/barber school, or in an apprenticeship program as
72 defined in Subsection 58-11a-306 (3).
73 (15) "Fund" means the Barber, Cosmetologist/Barber, Esthetician, Electrologist, and
74 Nail Technician Education and Enforcement Fund created in Section 58-11a-103 .
75 (16) "Licensed barber or cosmetology/barber school" means a barber or
76 cosmetology/barber school licensed under this chapter.
77 (17) "Licensed electrology school" means an electrology school licensed under this
78 chapter.
79 (18) "Licensed esthetics school" means an esthetics school licensed under this chapter.
80 (19) "Licensed nail technology school" means a nail technology school licensed under
81 this chapter.
82 (20) "Master esthetician" means an individual who is licensed under this chapter to
83 engage in the practice of master-level esthetics.
84 (21) "Nail technician" means an individual who is licensed under this chapter to engage
85 in the practice of nail technology.
86 (22) "Nail technician instructor" means a nail technician licensed under this chapter to
87 teach the practice of nail technology in a licensed nail technology school, a licensed
88 cosmetology/barber school, or in an apprenticeship program as defined in Subsection
89 58-11a-306 (5).

90 (23) (a) "Natural hair braiding" means braiding, twisting, wrapping, weaving,
91 extending, or locking the hair of the head of a person.
92 (b) "Natural hair braiding" does not include the application of dye, a reactive chemical,
93 or other preparation to:
94 (i) alter the color of the hair; or
95 (ii) straighten, curl, or alter the structure of the hair.
96 [(23)] (24) "Practice of barbering" means:
97 (a) cutting, clipping, or trimming the hair of the head of any person by the use of
98 scissors, shears, clippers, or other appliances;
99 (b) draping, shampooing, scalp treatments, basic wet styling, and blow drying; and
100 (c) removing hair from the face or neck of a person by the use of shaving equipment.
101 [(24)] (25) "Practice of barbering instruction" means instructing barbering in a licensed
102 barber school, licensed cosmetology/barber school, or in an apprenticeship program as defined
103 in Subsection 58-11a-306 (1).
104 [(25)] (26) "Practice of basic esthetics" means any one of the following skin care
105 procedures done on the head, face, neck, arms, hands, legs, feet, eyebrows, or eyelashes for
106 cosmetic purposes and not for the treatment of medical, physical, or mental ailments:
107 (a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or
108 masks, manual extraction, including a comodone extractor, depilatories, waxes, tweezing, the
109 application of eyelash extensions, natural nail manicures or pedicures, or callous removal by
110 buffing or filing;
111 (b) limited chemical exfoliation as defined by rule;
112 (c) removing superfluous hair by means other than electrolysis, except that an
113 individual is not required to be licensed as an esthetician to engage in the practice of threading;
114 (d) other esthetic preparations or procedures with the use of the hands, a
115 high-frequency or galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not
116 for the treatment of medical, physical, or mental ailments; or
117 (e) cosmetic laser procedures under direct supervision of a licensed health care
118 practitioner as defined by rule, limited to the following:
119 (i) superfluous hair removal;
120 (ii) anti-aging resurfacing enhancements;

121 (iii) photo rejuvenation; or
122 (iv) tattoo removal.
123 [(26)] (27) (a) "Practice of cosmetology/barbering" means:
124 (i) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
125 singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
126 person;
127 (ii) cutting, clipping, or trimming the hair by the use of scissors, shears, clippers, or
128 other appliances;
129 (iii) arching eyebrows, or tinting eyebrows or eyelashes, applying eyelash extensions,
130 or any combination of these procedures;
131 (iv) removing hair from the face, neck, shoulders, arms, back, torso, feet, bikini line,
132 or legs of a person by the use of depilatories, waxing, or shaving equipment;
133 (v) cutting, curling, styling, fitting, measuring, or forming caps for wigs or hairpieces
134 or both on the human head; or
135 (vi) practicing hair weaving or hair fusing or servicing previously medically implanted
136 hair.
137 (b) The term "practice of cosmetology/barbering" includes:
138 (i) the practice of basic esthetics; and
139 (ii) the practice of nail technology.
140 (c) An individual is not required to be licensed as a cosmetologist/barber to engage in
141 the practice of threading.
142 [(27)] (28) "Practice of cosmetology/barbering instruction" means instructing
143 cosmetology/barbering as defined in Subsection [(26)] (27) in a licensed cosmetology/barber
144 school or in an apprenticeship program as defined in Subsection 58-11a-306 (2).
145 [(28)] (29) "Practice of electrology" means:
146 (a) the removal of superfluous hair from the body of a person by the use of electricity,
147 waxing, shaving, or tweezing; or
148 (b) cosmetic laser procedures under the general supervision of a licensed health care
149 practitioner as defined by rule, limited to superfluous hair removal.
150 [(29)] (30) "Practice of electrology instruction" means instructing electrology in a
151 licensed electrology school.

152 [(30)] (31) "Practice of esthetics instruction" means instructing esthetics in a licensed
153 esthetics school, a licensed cosmetology/barber school, or instructing master-level esthetics in a
154 licensed esthetics school or in an apprenticeship program as defined in Subsections
155 58-11a-306 (2), (3), and (4).
156 [(31)] (32) (a) "Practice of master-level esthetics" means:
157 (i) any of the following when done for cosmetic purposes on the head, face, neck,
158 torso, abdomen, back, arms, hands, legs, feet, eyebrows, or eyelashes and not for the treatment
159 of medical, physical, or mental ailments:
160 (A) body wraps as defined by rule;
161 (B) hydrotherapy as defined by rule;
162 (C) chemical exfoliation as defined by rule;
163 (D) advanced pedicures as defined by rule;
164 (E) sanding, including microdermabrasion;
165 (F) advanced extraction;
166 (G) other esthetic preparations or procedures with the use of:
167 (I) the hands; or
168 (II) a mechanical or electrical apparatus which is approved for use by division rule for
169 beautifying or similar work performed on the body for cosmetic purposes and not for the
170 treatment of a medical, physical, or mental ailment; or
171 (H) cosmetic laser procedures under the general supervision of a licensed health care
172 practitioner as defined by rule, with a physician's evaluation before the procedure, as needed,
173 and limited to the following:
174 (I) superfluous hair removal;
175 (II) anti-aging resurfacing enhancements;
176 (III) photo rejuvenation; or
177 (IV) tattoo removal with a physician's evaluation before the tattoo removal procedure;
178 and
179 (ii) lymphatic massage by manual or other means as defined by rule.
180 (b) Notwithstanding the provisions of Subsection [(31)] (32)(a), a master-level
181 esthetician may perform procedures listed in Subsection [(31)] (32)(a)(i) for noncosmetic
182 purposes if done under the supervision of a licensed health care practitioner acting within the

183 scope of the licensed health care practitioner's license as defined by rule.
184 (c) The term "practice of master-level esthetics" includes the practice of esthetics, but
185 an individual is not required to be licensed as an esthetician or master-level esthetician to
186 engage in the practice of threading.
187 [(32)] (33) "Practice of nail technology" means to trim, cut, clean, manicure, shape,
188 massage, or enhance the appearance of the hands, feet, and nails of an individual by the use of
189 hands, mechanical, or electrical preparation, antiseptic, lotions, or creams, including the
190 application and removal of sculptured or artificial nails.
191 [(33)] (34) "Practice of nail technology instruction" means instructing nail technology
192 in a licensed nail technician school, licensed cosmetology/barber school, or in an
193 apprenticeship program as defined in Subsection 58-11a-306 (5).
194 [(34)] (35) "Recognized barber school" means a barber school located in a state other
195 than Utah, whose students, upon graduation, are recognized as having completed the
196 educational requirements for licensure in that state.
197 [(35)] (36) "Recognized cosmetology/barber school" means a cosmetology/barber
198 school located in a state other than Utah, whose students, upon graduation, are recognized as
199 having completed the educational requirements for licensure in that state.
200 [(36)] (37) "Recognized electrology school" means an electrology 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 [(37)] (38) "Recognized esthetics school" means an esthetics school located in a state
204 other than Utah, whose students, upon graduation, are recognized as having completed the
205 educational requirements for licensure in that state.
206 [(38)] (39) "Recognized nail technology school" means a nail technology school
207 located in a state other than Utah, whose students, upon graduation, are recognized as having
208 completed the educational requirements for licensure in that state.
209 [(39)] (40) "Salon" means a place, shop, or establishment in which
210 cosmetology/barbering, esthetics, electrology, or nail technology is practiced.
211 [(40)] (41) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-11a-502 .
212 [(41)] (42) "Unprofessional conduct" is as defined in Sections 58-1-501 and
213 58-11a-501 and as may be further defined by rule by the division in collaboration with the

214 board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
215 Section 2. Section 58-11a-304 is amended to read:
216 58-11a-304. Exemptions from licensure.
217 In addition to the exemptions from licensure in Section 58-1-307 , the following persons
218 may engage in the practice of barbering, cosmetology/barbering, esthetics, master-level
219 esthetics, electrology, or nail technology without being licensed under this chapter:
220 (1) persons licensed under the laws of this state to engage in the practice of medicine,
221 surgery, osteopathy, or chiropractic when engaged in the practice of the profession for which
222 they are licensed;
223 (2) commissioned physicians and surgeons serving in the armed forces of the United
224 States or another federal agency;
225 (3) registered nurses, undertakers, and morticians licensed under the laws of this state
226 when engaged in the practice of the profession for which they are licensed;
227 (4) persons who visit the state to engage in instructional seminars, advanced classes,
228 trade shows, or competitions of a limited duration;
229 (5) persons who engage in the practice of barbering, cosmetology/barbering, esthetics,
230 master-level esthetics, electrology, or nail technology without compensation;
231 (6) persons instructing adult education classes and other educational programs directed
232 toward persons who are not licensed under this chapter and that are not intended to train
233 persons to become licensed under this chapter, provided:
234 (a) attendees receive no credit toward the educational requirement for licensure under
235 this chapter; and
236 (b) (i) the instructor is properly licensed; or
237 (ii) the instructor receives no compensation;
238 (7) persons instructing in workshops, seminars, training meetings, and other
239 educational programs whose purpose is to provide continuing professional development to
240 licensed barbers, cosmetologist/barbers, estheticians, master estheticians, nail technicians, or
241 electrologists;
242 (8) persons currently enrolled in a licensed barber or cosmetology/barber school when
243 participating in an on the job training internship under the direct supervision of a licensed
244 barber or cosmetologist/barber upon completion of a basic program under the standards

245 established by rule by the division in collaboration with the board;
246 (9) persons enrolled in an approved apprenticeship pursuant to Section 58-11a-306 ;
247 [and]
248 (10) employees of a company which is primarily engaged in the business of selling
249 products used in the practice of barbering, cosmetology/barbering, esthetics, master-level
250 esthetics, electrology, or nail technology when demonstrating the company's products to
251 potential customers[.]; and
252 (11) a person who:
253 (a) engages in natural hair braiding; and
254 (b) unless it is expressly exempted under this section or Section 58-1-307 , does not
255 engage in any other activity requiring licensure under this chapter.




Legislative Review Note
as of 2-8-12 1:42 PM

Office of Legislative Research and General Counsel