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7 LONG TITLE
8 General Description:
9 This bill modifies the Barber, Cosmetologist/Barber, Esthetician, Electrologist, and
10 Nail Technician Licensing Act.
11 Highlighted Provisions:
12 This bill:
13 ▸ modifies definitions;
14 ▸ modifies provisions related to approved apprenticeships;
15 ▸ requires an apprentice to register with the Division of Occupational and
16 Professional Licensing before beginning an approved apprenticeship;
17 ▸ lowers the training hour requirements and modifies other requirements for obtaining
18 certain instructor licenses; and
19 ▸ makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 58-11a-102, as last amended by Laws of Utah 2013, Chapter 13
27 58-11a-301, as last amended by Laws of Utah 2009, Chapter 130
28 58-11a-302, as last amended by Laws of Utah 2015, Chapter 258
29 58-11a-306, as last amended by Laws of Utah 2009, Chapter 130
30 58-11a-501, as last amended by Laws of Utah 2009, Chapter 130
31 58-11a-502, as last amended by Laws of Utah 2014, Chapter 100
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 58-11a-102 is amended to read:
35 58-11a-102. Definitions.
36 As used in this chapter:
37 (1) "Approved barber or cosmetologist/barber apprenticeship" means an apprenticeship
38 that meets the requirements of Subsection 58-11a-306(1) for barbers or Subsection
39 58-11a-306(2) for cosmetologist/barbers and the requirements established by rule by the
40 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
41 Administrative Rulemaking Act.
42 (2) "Approved esthetician apprenticeship" means an apprenticeship that meets the
43 requirements of Subsection 58-11a-306(3) and the requirements established by rule by the
44 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
45 Administrative Rulemaking Act.
46 (3) "Approved master esthetician apprenticeship" means an apprenticeship that meets
47 the requirements of Subsection 58-11a-306(4) and the requirements established by rule by the
48 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
49 Administrative Rulemaking Act.
50 (4) "Approved nail technician apprenticeship" means an apprenticeship that meets the
51 requirements of Subsection 58-11a-306(5) and the requirements established by rule by the
52 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
53 Administrative Rulemaking Act.
54 (5) "Barber" means a person who is licensed under this chapter to engage in the
55 practice of barbering.
56 (6) "Barber instructor" means a barber who is licensed under this chapter to [
57
58
59 (7) "Board" means the Barber, Cosmetology/Barbering, Esthetics, Electrology, and
60 Nail Technology Licensing Board created in Section 58-11a-201.
61 (8) "Cosmetic laser procedure" includes a nonablative procedure as defined in Section
62 58-67-102.
63 (9) "Cosmetic supervisor" means a supervisor as defined in Section 58-1-505.
64 (10) "Cosmetologist/barber" means a person who is licensed under this chapter to
65 engage in the practice of cosmetology/barbering.
66 (11) "Cosmetologist/barber instructor" means a cosmetologist/barber who is licensed
67 under this chapter to [
68
69
70 instruction.
71 (12) "Direct supervision" means that the supervisor of an apprentice or the instructor of
72 a student is immediately available for consultation, advice, instruction, and evaluation.
73 (13) "Electrologist" means a person who is licensed under this chapter to engage in the
74 practice of electrology.
75 (14) "Electrologist instructor" means an electrologist who is licensed under this chapter
76 to [
77 instruction.
78 (15) "Esthetician" means a person who is licensed under this chapter to engage in the
79 practice of esthetics.
80 (16) "Esthetician instructor" means a master esthetician who is licensed under this
81 chapter to [
82
83
84 (17) "Fund" means the Barber, Cosmetologist/Barber, Esthetician, Electrologist, and
85 Nail Technician Education and Enforcement Fund created in Section 58-11a-103.
86 (18) (a) "Hair braiding" means the twisting, weaving, or interweaving of a person's
87 natural human hair.
88 (b) "Hair braiding" includes the following methods or styles:
89 (i) African-style braiding;
90 (ii) box braids;
91 (iii) cornrows;
92 (iv) dreadlocks;
93 (v) french braids;
94 (vi) invisible braids;
95 (vii) micro braids;
96 (viii) single braids;
97 (ix) single plaits;
98 (x) twists;
99 (xi) visible braids;
100 (xii) the use of lock braids; and
101 (xiii) the use of decorative beads, accessories, and nonhair extensions.
102 (c) "Hair braiding" does not include:
103 (i) the use of:
104 (A) wefts;
105 (B) synthetic tape;
106 (C) synthetic glue;
107 (D) keratin bonds;
108 (E) fusion bonds; or
109 (F) heat tools;
110 (ii) the cutting of human hair; or
111 (iii) the application of heat, dye, a reactive chemical, or other preparation to:
112 (A) alter the color of the hair; or
113 (B) straighten, curl, or alter the structure of the hair.
114 (19) "Licensed barber or cosmetology/barber school" means a barber or
115 cosmetology/barber school licensed under this chapter.
116 (20) "Licensed electrology school" means an electrology school licensed under this
117 chapter.
118 (21) "Licensed esthetics school" means an esthetics school licensed under this chapter.
119 (22) "Licensed nail technology school" means a nail technology school licensed under
120 this chapter.
121 (23) "Master esthetician" means an individual who is licensed under this chapter to
122 engage in the practice of master-level esthetics.
123 (24) "Nail technician" means an individual who is licensed under this chapter to engage
124 in the practice of nail technology.
125 (25) "Nail technician instructor" means a nail technician licensed under this chapter to
126 [
127
128
129 (26) "Practice of barbering" means:
130 (a) cutting, clipping, or trimming the hair of the head of any person by the use of
131 scissors, shears, clippers, or other appliances;
132 (b) draping, shampooing, scalp treatments, basic wet styling, and blow drying; and
133 (c) removing hair from the face or neck of a person by the use of shaving equipment.
134 (27) "Practice of barbering instruction" means [
135 barbering [
136
137 apprenticeship.
138 (28) "Practice of basic esthetics" means any one of the following skin care procedures
139 done on the [
140 cosmetic purposes and not for the treatment of medical, physical, or mental ailments:
141 (a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or
142 masks, manual extraction, including a comodone extractor, depilatories, waxes, tweezing, the
143 application of eyelash or eyebrow extensions, natural nail manicures or pedicures, or callous
144 removal by buffing or filing;
145 (b) limited chemical exfoliation as defined by rule;
146 (c) removing superfluous hair by means other than electrolysis, except that an
147 individual is not required to be licensed as an esthetician to engage in the practice of threading;
148 (d) other esthetic preparations or procedures with the use of the hands, a
149 high-frequency or galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not
150 for the treatment of medical, physical, or mental ailments;
151 (e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, or applying
152 eyelash or eyebrow extensions[
153 (f) except as provided in Subsection (28)(f)(i), cosmetic laser procedures under the
154 direct cosmetic medical procedure supervision of a cosmetic supervisor limited to the
155 following:
156 (i) superfluous hair removal which shall be under indirect supervision;
157 (ii) anti-aging resurfacing enhancements;
158 (iii) photo rejuvenation; or
159 (iv) tattoo removal.
160 (29) (a) "Practice of cosmetology/barbering" means:
161 (i) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
162 singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
163 person;
164 (ii) cutting, clipping, or trimming the hair by the use of scissors, shears, clippers, or
165 other appliances;
166 (iii) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, applying
167 eyelash or eyebrow extensions[
168 (iv) removing hair from the [
169
170 (v) cutting, curling, styling, fitting, measuring, or forming caps for wigs or hairpieces
171 or both on the human head; or
172 (vi) practicing hair weaving or hair fusing or servicing previously medically implanted
173 hair.
174 (b) The term "practice of cosmetology/barbering" includes:
175 (i) the practice of basic esthetics; and
176 (ii) the practice of nail technology.
177 (c) An individual is not required to be licensed as a cosmetologist/barber to engage in
178 the practice of threading.
179 (30) "Practice of cosmetology/barbering instruction" means [
180 practice of cosmetology/barbering [
181 (a) at a licensed cosmetology/barber school [
182
183 (b) for an approved cosmetologist/barber apprenticeship.
184 (31) "Practice of electrology" means:
185 (a) the removal of superfluous hair from the body of a person by the use of electricity,
186 waxing, shaving, or tweezing; or
187 (b) cosmetic laser procedures under the supervision of a cosmetic supervisor limited to
188 superfluous hair removal.
189 (32) "Practice of electrology instruction" means [
190 electrology [
191 (33) "Practice of esthetics instruction" means [
192 practice of basic esthetics or the practice of master-level esthetics:
193 (a) at a licensed esthetics school[
194 [
195
196 (b) for an approved esthetician apprenticeship or an approved master esthetician
197 apprenticeship.
198 (34) (a) "Practice of master-level esthetics" means:
199 (i) any of the following when done for cosmetic purposes on the [
200
201 treatment of medical, physical, or mental ailments:
202 (A) body wraps as defined by rule;
203 (B) hydrotherapy as defined by rule;
204 (C) chemical exfoliation as defined by rule;
205 (D) advanced pedicures as defined by rule;
206 (E) sanding, including microdermabrasion;
207 (F) advanced extraction;
208 (G) other esthetic preparations or procedures with the use of:
209 (I) the hands; or
210 (II) a mechanical or electrical apparatus which is approved for use by division rule for
211 beautifying or similar work performed on the body for cosmetic purposes and not for the
212 treatment of a medical, physical, or mental ailment; or
213 (H) cosmetic laser procedures under the supervision of a cosmetic supervisor with a
214 physician's evaluation before the procedure, as needed, unless specifically required under
215 Section 58-1-506, and limited to the following:
216 (I) superfluous hair removal;
217 (II) anti-aging resurfacing enhancements;
218 (III) photo rejuvenation; or
219 (IV) tattoo removal with a physician's evaluation before the tattoo removal procedure;
220 and
221 (ii) lymphatic massage by manual or other means as defined by rule.
222 (b) Notwithstanding the provisions of Subsection (34)(a), a master-level esthetician
223 may perform procedures listed in Subsection (34)(a)(i)(H) if done under the supervision of a
224 cosmetic supervisor acting within the scope of the cosmetic supervisor license.
225 (c) The term "practice of master-level esthetics" includes the practice of esthetics, but
226 an individual is not required to be licensed as an esthetician or master-level esthetician to
227 engage in the practice of threading.
228 (35) "Practice of nail technology" means to trim, cut, clean, manicure, shape, massage,
229 or enhance the appearance of the hands, feet, and nails of an individual by the use of hands,
230 mechanical, or electrical preparation, antiseptic, lotions, or creams, including the application
231 and removal of sculptured or artificial nails.
232 (36) "Practice of nail technology instruction" means [
233 of nail technology [
234 school, or [
235 approved nail technician apprenticeship.
236 (37) "Recognized barber school" means a barber school located in a state other than
237 Utah, whose students, upon graduation, are recognized as having completed the educational
238 requirements for licensure in that state.
239 (38) "Recognized cosmetology/barber school" means a cosmetology/barber school
240 located in a state other than Utah, whose students, upon graduation, are recognized as having
241 completed the educational requirements for licensure in that state.
242 (39) "Recognized electrology school" means an electrology school located in a state
243 other than Utah, whose students, upon graduation, are recognized as having completed the
244 educational requirements for licensure in that state.
245 (40) "Recognized esthetics school" means an esthetics school located in a state other
246 than Utah, whose students, upon graduation, are recognized as having completed the
247 educational requirements for licensure in that state.
248 (41) "Recognized nail technology school" means a nail technology school located in a
249 state other than Utah, whose students, upon graduation, are recognized as having completed the
250 educational requirements for licensure in that state.
251 (42) "Salon" means a place, shop, or establishment in which cosmetology/barbering,
252 esthetics, electrology, or nail technology is practiced.
253 (43) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-11a-502.
254 (44) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-11a-501 and
255 as may be further defined by rule by the division in collaboration with the board in accordance
256 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
257 Section 2. Section 58-11a-301 is amended to read:
258 58-11a-301. Licensure required -- License classifications.
259 (1) Except as specifically provided in Section 58-1-307 or 58-11a-304, a license is
260 required to:
261 (a) engage in the practice of:
262 (i) barbering;
263 (ii) barbering instruction;
264 [
265 [
266 [
267 [
268 [
269 [
270 [
271 [
272 [
273 [
274 [
275 [
276 [
277 (i) a barbering school;
278 (ii) a cosmetology/barbering school;
279 [
280 [
281 [
282 (2) The division shall issue to a person who qualifies under this chapter a license in the
283 following classifications:
284 (a) barber;
285 (b) barber instructor;
286 (c) barber school;
287 (d) cosmetologist/barber;
288 (e) cosmetologist/barber instructor;
289 (f) cosmetology/barber school;
290 (g) electrologist;
291 (h) electrologist instructor;
292 (i) electrology school;
293 (j) esthetician;
294 (k) master esthetician;
295 (l) esthetician instructor;
296 (m) esthetics school;
297 (n) nail technology;
298 (o) nail technology instructor; and
299 (p) nail technology school.
300 (3) A person who participates as an apprentice in an approved apprenticeship under
301 this chapter shall register with the division as described in Section 58-11a-306.
302 Section 3. Section 58-11a-302 is amended to read:
303 58-11a-302. Qualifications for licensure.
304 (1) Each applicant for licensure as a barber 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;
307 (c) be of good moral character;
308 (d) provide satisfactory documentation of:
309 (i) graduation from a licensed or recognized barber school, or a licensed or recognized
310 cosmetology/barber school, whose curriculum consists of a minimum of 1,000 hours of
311 instruction, or the equivalent number of credit hours, over a period of not less than 25 weeks;
312 (ii) (A) graduation from a recognized barber school located in a state other than Utah
313 whose curriculum consists of less than 1,000 hours of instruction or the equivalent number of
314 credit hours; and
315 (B) practice as a licensed barber in a state other than Utah for not less than the number
316 of hours required to equal 1,000 total hours when added to the hours of instruction described in
317 Subsection (1)(d)(ii)(A); or
318 (iii) completion of an approved barber apprenticeship; and
319 (e) meet the examination requirement established by rule.
320 (2) Each applicant for licensure as a barber instructor shall:
321 (a) submit an application in a form prescribed by the division;
322 (b) pay a fee determined by the department under Section 63J-1-504;
323 (c) provide satisfactory documentation that the applicant is currently licensed as a
324 barber;
325 (d) be of good moral character;
326 (e) provide satisfactory documentation of completion of:
327 (i) an instructor training program conducted by a licensed or recognized school, as
328 defined by rule, consisting of a minimum of [
329 hours; [
330 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
331 recognized school, as defined by rule, consisting of a minimum of 250 hours or the equivalent
332 number of credit hours; or
333 [
334 (f) meet the examination requirement established by rule.
335 (3) Each applicant for licensure as a barber school shall:
336 (a) submit an application in a form prescribed by the division;
337 (b) pay a fee determined by the department under Section 63J-1-504; and
338 (c) provide satisfactory documentation:
339 (i) of appropriate registration with the Division of Corporations and Commercial Code;
340 (ii) of business licensure from the city, town, or county in which the school is located;
341 (iii) that the applicant's physical facilities comply with the requirements established by
342 rule; and
343 (iv) that the applicant meets:
344 (A) the standards for barber schools, including staff and accreditation requirements,
345 established by rule; and
346 (B) the requirements for recognition as an institution of postsecondary study as
347 described in Subsection (19).
348 (4) Each applicant for licensure as a cosmetologist/barber shall:
349 (a) submit an application in a form prescribed by the division;
350 (b) pay a fee determined by the department under Section 63J-1-504;
351 (c) be of good moral character;
352 (d) provide satisfactory documentation of:
353 (i) [
354 curriculum consists of a minimum of 1,600 hours of instruction, or the equivalent number of
355 credit hours, with full flexibility within those hours[
356
357 [
358
359
360
361
362 (ii) (A) graduation from a recognized cosmetology/barber school located in a state
363 other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
364 equivalent number of credit hours, with full flexibility within those hours; and
365 (B) practice as a licensed cosmetologist/barber in a state other than Utah for not less
366 than the number of hours required to equal 1,600 total hours when added to the hours of
367 instruction described in Subsection (4)(d)(ii)(A); or
368 (iii) completion of an approved cosmetology/barber apprenticeship; and
369 (e) meet the examination requirement established by rule.
370 (5) Each applicant for licensure as a cosmetologist/barber instructor shall:
371 (a) submit an application in a form prescribed by the division;
372 (b) pay a fee determined by the department under Section 63J-1-504;
373 (c) provide satisfactory documentation that the applicant is currently licensed as a
374 cosmetologist/barber;
375 (d) be of good moral character;
376 (e) provide satisfactory documentation of completion of:
377 (i) an instructor training program conducted by a licensed or recognized school, as
378 defined by rule, consisting of a minimum of [
379 credit hours; [
380 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
381 recognized school, as defined by rule, consisting of a minimum of 400 hours or the equivalent
382 number of credit hours; or
383 [
384 (f) meet the examination requirement established by rule.
385 (6) Each applicant for licensure as a cosmetologist/barber school shall:
386 (a) submit an application in a form prescribed by the division;
387 (b) pay a fee determined by the department under Section 63J-1-504; and
388 (c) provide satisfactory documentation:
389 (i) of appropriate registration with the Division of Corporations and Commercial Code;
390 (ii) of business licensure from the city, town, or county in which the school is located;
391 (iii) that the applicant's physical facilities comply with the requirements established by
392 rule; and
393 (iv) that the applicant meets:
394 (A) the standards for cosmetology schools, including staff and accreditation
395 requirements, established by rule; and
396 (B) the requirements for recognition as an institution of postsecondary study as
397 described in Subsection (19).
398 (7) Each applicant for licensure as an electrologist shall:
399 (a) submit an application in a form prescribed by the division;
400 (b) pay a fee determined by the department under Section 63J-1-504;
401 (c) be of good moral character;
402 (d) provide satisfactory documentation of having graduated from a licensed or
403 recognized electrology school after completing a curriculum of 600 hours of instruction or the
404 equivalent number of credit hours; and
405 (e) meet the examination requirement established by rule.
406 (8) Each applicant for licensure as an electrologist instructor 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;
409 (c) provide satisfactory documentation that the applicant is currently licensed as an
410 electrologist;
411 (d) be of good moral character;
412 (e) provide satisfactory documentation of completion of:
413 (i) an instructor training program conducted by a licensed or recognized school, as
414 defined by rule, consisting of a minimum of [
415 hours; [
416 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
417 recognized school, as defined by rule, consisting of a minimum of 150 hours or the equivalent
418 number of credit hours; or
419 [
420 (f) meet the examination requirement established by rule.
421 (9) Each applicant for licensure as an electrologist school shall:
422 (a) submit an application in a form prescribed by the division;
423 (b) pay a fee determined by the department under Section 63J-1-504; and
424 (c) provide satisfactory documentation:
425 (i) of appropriate registration with the Division of Corporations and Commercial Code;
426 (ii) of business licensure from the city, town, or county in which the school is located;
427 (iii) that the applicant's facilities comply with the requirements established by rule; and
428 (iv) that the applicant meets:
429 (A) the standards for electrologist schools, including staff, curriculum, and
430 accreditation requirements, established by rule; and
431 (B) the requirements for recognition as an institution of postsecondary study as
432 described in Subsection (19).
433 (10) Each applicant for licensure as an esthetician shall:
434 (a) submit an application in a form prescribed by the division;
435 (b) pay a fee determined by the department under Section 63J-1-504;
436 (c) be of good moral character;
437 (d) provide satisfactory documentation of one of the following:
438 (i) graduation from a licensed or recognized esthetic school or a licensed or recognized
439 cosmetology/barber school whose curriculum consists of not less than 15 weeks of esthetic
440 instruction with a minimum of 600 hours or the equivalent number of credit hours;
441 (ii) completion of an approved esthetician apprenticeship; or
442 (iii) (A) graduation from a recognized cosmetology/barber school located in a state
443 other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
444 equivalent number of credit hours, with full flexibility within those hours; and
445 (B) practice as a licensed cosmetologist/barber for not less than the number of hours
446 required to equal 1,600 total hours when added to the hours of instruction described in
447 Subsection (10)(d)(iii)(A); and
448 (e) meet the examination requirement established by division rule.
449 (11) Each applicant for licensure as a master esthetician shall:
450 (a) submit an application in a form prescribed by the division;
451 (b) pay a fee determined by the department under Section 63J-1-504;
452 (c) be of good moral character;
453 (d) provide satisfactory documentation of:
454 (i) completion of at least 1,200 hours of training, or the equivalent number of credit
455 hours, at a licensed or recognized esthetics school, except that up to 600 hours toward the
456 1,200 hours may have been completed:
457 (A) at a licensed or recognized cosmetology/barbering school, if the applicant
458 graduated from the school and its curriculum consisted of at least 1,600 hours of instruction, or
459 the equivalent number of credit hours, with full flexibility within those hours; or
460 (B) at a licensed or recognized cosmetology/barber school located in a state other than
461 Utah, if the applicant graduated from the school and its curriculum contained full flexibility
462 within its hours of instruction; or
463 (ii) completion of an approved master esthetician apprenticeship;
464 (e) if the applicant will practice lymphatic massage, provide satisfactory documentation
465 to show completion of 200 hours of training, or the equivalent number of credit hours, in
466 lymphatic massage as defined by division rule; and
467 (f) meet the examination requirement established by division rule.
468 (12) Each applicant for licensure as an esthetician instructor shall:
469 (a) submit an application in a form prescribed by the division;
470 (b) pay a fee determined by the department under Section 63J-1-504;
471 (c) provide satisfactory documentation that the applicant is currently licensed as a
472 master esthetician;
473 (d) be of good moral character;
474 (e) provide satisfactory documentation of completion of:
475 (i) an instructor training program conducted by a licensed or recognized school, as
476 defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
477 hours; [
478 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
479 recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
480 number of credit hours; or
481 [
482 (f) meet the examination requirement established by rule.
483 (13) Each applicant for licensure as an esthetics school shall:
484 (a) submit an application in a form prescribed by the division;
485 (b) pay a fee determined by the department under Section 63J-1-504; and
486 (c) provide satisfactory documentation:
487 (i) of appropriate registration with the Division of Corporations and Commercial Code;
488 (ii) of business licensure from the city, town, or county in which the school is located;
489 (iii) that the applicant's physical facilities comply with the requirements established by
490 rule; and
491 (iv) that the applicant meets:
492 (A) the standards for esthetics schools, including staff, curriculum, and accreditation
493 requirements, established by division rule made in collaboration with the board; and
494 (B) the requirements for recognition as an institution of postsecondary study as
495 described in Subsection (19).
496 (14) Each applicant for licensure as a nail technician shall:
497 (a) submit an application in a form prescribed by the division;
498 (b) pay a fee determined by the department under Section 63J-1-504;
499 (c) be of good moral character;
500 (d) provide satisfactory documentation of:
501 (i) graduation from a licensed or recognized nail technology school, or a licensed or
502 recognized cosmetology/barber school, whose curriculum consists of not less than 300 hours of
503 instruction, or the equivalent number of credit hours;
504 (ii) (A) graduation from a recognized nail technology school located in a state other
505 than Utah whose curriculum consists of less than 300 hours of instruction or the equivalent
506 number of credit hours; and
507 (B) practice as a licensed nail technician in a state other than Utah for not less than the
508 number of hours required to equal 300 total hours when added to the hours of instruction
509 described in Subsection (14)(d)(ii)(A); or
510 (iii) completion of an approved nail technician apprenticeship; and
511 (e) meet the examination requirement established by division rule.
512 (15) Each applicant for licensure as a nail technician instructor shall:
513 (a) submit an application in a form prescribed by the division;
514 (b) pay a fee determined by the department under Section 63J-1-504;
515 (c) provide satisfactory documentation that the applicant is currently licensed as a nail
516 technician;
517 (d) be of good moral character;
518 (e) provide satisfactory documentation of completion of:
519 (i) an instructor training program conducted by a licensed or recognized school, as
520 defined by rule, consisting of a minimum of [
521 hours; [
522 (ii) an on-the-job instructor training program conducted by a licensed instructor at a
523 licensed or recognized school, as defined by rule, consisting of a minimum of 75 hours or the
524 equivalent number of credit hours; or
525 [
526 (f) meet the examination requirement established by rule.
527 (16) Each applicant for licensure as a nail technology school shall:
528 (a) submit an application in a form prescribed by the division;
529 (b) pay a fee determined by the department under Section 63J-1-504; and
530 (c) provide satisfactory documentation:
531 (i) of appropriate registration with the Division of Corporations and Commercial Code;
532 (ii) of business licensure from the city, town, or county in which the school is located;
533 (iii) that the applicant's facilities comply with the requirements established by rule; and
534 (iv) that the applicant meets:
535 (A) the standards for nail technology schools, including staff, curriculum, and
536 accreditation requirements, established by rule; and
537 (B) the requirements for recognition as an institution of postsecondary study as
538 described in Subsection (19).
539 (17) Each applicant for licensure under this chapter whose education in the field for
540 which a license is sought was completed at a foreign school may satisfy the educational
541 requirement for licensure by demonstrating, to the satisfaction of the division, the educational
542 equivalency of the foreign school education with a licensed school under this chapter.
543 (18) (a) A licensed or recognized school under this section may accept credit hours
544 towards graduation for any profession listed in this section.
545 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
546 consistent with this section, the division may make rules governing the acceptance of credit
547 hours under Subsection (18)(a).
548 (19) A school licensed or applying for licensure under this chapter shall maintain
549 recognition as an institution of postsecondary study by meeting the following conditions:
550 (a) the school shall admit as a regular student only an individual who has earned a
551 recognized high school diploma or the equivalent of a recognized high school diploma, or who
552 is beyond the age of compulsory high school attendance as prescribed by Title 53A, Chapter
553 11, Students in Public Schools; and
554 (b) the school shall be licensed by name, or in the case of an applicant, shall apply for
555 licensure by name, under this chapter to offer one or more training programs beyond the
556 secondary level.
557 (20) A person seeking to qualify for licensure under this chapter by apprenticing in an
558 approved apprenticeship shall register with the division as described in Section 58-11a-306.
559 Section 4. Section 58-11a-306 is amended to read:
560 58-11a-306. Apprenticeship.
561 (1) An approved barber apprenticeship shall:
562 (a) consist of not less than 1,250 hours of training in not less than eight months; and
563 (b) be conducted by a supervisor who:
564 (i) is licensed under this chapter as a barber instructor or a cosmetology/barber
565 instructor; and
566 (ii) provides one-on-one direct [
567 during the apprenticeship program.
568 (2) An approved cosmetologist/barber apprenticeship shall:
569 (a) consist of not less than 2,500 hours of training in not less than 15 months; and
570 (b) be conducted by a supervisor who:
571 (i) is licensed under this chapter as a cosmetologist/barber instructor; and
572 (ii) provides one-on-one direct [
573 apprentice during the apprenticeship program.
574 (3) An approved esthetician apprenticeship shall:
575 (a) consist of not less than 800 hours of training in not less than five months; and
576 (b) be conducted by a supervisor who:
577 (i) is licensed under this chapter as an esthetician instructor; and
578 (ii) provides one-on-one direct [
579 during the apprenticeship program.
580 (4) An approved master esthetician apprenticeship shall:
581 (a) consist of not less than 1,500 hours of training in not less than 10 months; and
582 (b) be conducted by a supervisor who:
583 (i) is licensed under this chapter as a master-level esthetician instructor; and
584 (ii) provides one-on-one direct [
585 apprentice during the apprenticeship program.
586 (5) An approved nail technician apprenticeship shall:
587 (a) consist of not less than 375 hours of training in not less than three months; and
588 (b) be conducted by a supervisor who:
589 (i) is licensed under this chapter as a nail technician instructor or a cosmetology/barber
590 instructor; and
591 (ii) provides one-on-one direct [
592 apprentice during the apprenticeship program.
593 (6) A person seeking to qualify for licensure by apprenticing in an approved
594 apprenticeship under this chapter shall:
595 (a) register with the division before beginning the training requirements by:
596 (i) submitting a form prescribed by the division, which includes the name of the
597 licensed supervisor; and
598 (ii) paying a fee determined by the department under Section 63J-1-504;
599 (b) complete the apprenticeship within five years of the date on which the division
600 approves the registration; and
601 (c) notify the division within 30 days if the licensed supervisor changes after the
602 registration is approved by the division.
603 (7) Notwithstanding Subsection (6), if a person seeking to qualify for licensure by
604 apprenticing in an approved apprenticeship under this chapter registers with the division before
605 January 1, 2017, any training requirements completed by the person as an apprentice in an
606 approved apprenticeship before registration may be applied to successful completion of the
607 approved apprenticeship.
608 Section 5. Section 58-11a-501 is amended to read:
609 58-11a-501. Unprofessional conduct.
610 Unprofessional conduct includes:
611 (1) failing as a licensed school to obtain or maintain accreditation as required by rule;
612 (2) failing as a licensed school to comply with the standards of accreditation applicable
613 to such schools;
614 (3) failing as a licensed school to provide adequate instruction to enrolled students;
615 (4) failing as an apprentice supervisor to provide direct supervision to the apprentice;
616 (5) failing as an instructor to provide direct supervision to students under their
617 instruction;
618 (6) failing as an apprentice supervisor to comply with division rules relating to
619 apprenticeship programs under this chapter;
620 (7) keeping a salon or school, its furnishing, tools, utensils, linen, or appliances in an
621 unsanitary condition;
622 (8) failing to comply with Title 26, Utah Health Code;
623 (9) failing to display licenses or certificates as required under Section 58-11a-305;
624 (10) failing to comply with physical facility requirements established by rule;
625 (11) failing to maintain mechanical or electrical equipment in safe operating condition;
626 (12) failing to adequately monitor patrons using steam rooms, dry heat rooms, baths,
627 showers, or saunas;
628 (13) prescribing or administering prescription drugs;
629 (14) failing to comply with all applicable state and local health or sanitation laws;
630 (15) engaging in any act or practice in a professional capacity that is outside the
631 applicable scope of practice;
632 (16) engaging in any act or practice in a professional capacity which the licensee is not
633 competent to perform through education or training;
634 (17) in connection with the use of a chemical exfoliant, unless under the supervision of
635 a licensed health care practitioner acting within the scope of his or her license:
636 (a) using any acid, concentration of an acid, or combination of treatments which
637 violates the standards established by rule;
638 (b) removing any layer of skin deeper than the stratum corneum of the epidermis; or
639 (c) using an exfoliant that contains phenol, TCA acid of over 15%, or BCA acid;
640 (18) in connection with the sanding of the skin, unless under the supervision of a
641 licensed health care practitioner acting within the scope of his or her license, removing any
642 layer of skin deeper than the stratum corneum of the epidermis; [
643 (19) using as a barber, cosmetologist/barber, or nail technician any laser procedure or
644 intense, pulsed light source, except that nothing in this chapter precludes an individual licensed
645 under this chapter from using a nonprescriptive laser device[
646 (20) failing to comply with a judgment order from a court of competent jurisdiction
647 resulting from the failure to pay outstanding tuition or education costs incurred to comply with
648 this chapter.
649 Section 6. Section 58-11a-502 is amended to read:
650 58-11a-502. Unlawful conduct.
651 Unlawful conduct includes:
652 (1) practicing or engaging in, or attempting to practice or engage in activity for which a
653 license is required under this chapter unless:
654 (a) the person holds the appropriate license under this chapter; or
655 (b) an exemption in Section 58-1-307 or 58-11a-304 applies;
656 (2) [
657 in [
658 any occupation or profession licensed under this chapter if the employee is not licensed to do
659 so under this chapter or exempt from licensure;
660 (3) touching, or applying an instrument or device to the following areas of a client's
661 body:
662 (a) the genitals or the anus, except in cases where the patron states to a licensee that the
663 patron requests a hair removal procedure and signs a written consent form, which must also
664 include the witnessed signature of a legal guardian if the patron is a minor, authorizing the
665 licensee to perform a hair removal procedure; or
666 (b) the breast of a female patron, except in cases in which the female patron states to a
667 licensee that the patron requests breast skin procedures and signs a written consent form, which
668 must also include the witnessed signature of a parent or legal guardian if the patron is a minor,
669 authorizing the licensee to perform breast skin procedures;
670 (4) using or possessing a solution composed of at least 10% methyl methacrylete on a
671 client;
672 (5) performing an ablative procedure as defined in Section 58-67-102;
673 (6) when acting as an instructor regarding a service requiring licensure under this
674 chapter, for a class or education program where attendees are not licensed under this chapter,
675 failing to inform each attendee in writing that:
676 (a) taking the class or program without completing the requirements for licensure under
677 this chapter is insufficient to certify or qualify the attendee to perform a service for
678 compensation that requires licensure under this chapter; and
679 (b) the attendee is required to obtain licensure under this chapter before performing the
680 service for compensation; or
681 (7) failing as a salon or school where nail technology is practiced or taught to maintain
682 a source capture system required under Section 15A-3-401, including failing to maintain and
683 clean a source capture system's air filter according to the manufacturer's instructions.