1     
TATTOO REMOVAL

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: J. Stuart Adams

5     
House Sponsor: Brad R. Wilson

6     

7     LONG TITLE
8     General Description:
9          This bill amends the Division of Occupational and Professional Licensing Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     authorizes an advanced practice registered nurse to perform certain functions
13     associated with tattoo removal;
14          ▸     authorizes a physician assistant acting under the supervision of a physician to
15     perform certain functions associated with tattoo removal; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          58-1-506, as enacted by Laws of Utah 2012, Chapter 362
24          58-11a-102, as last amended by Laws of Utah 2013, Chapter 13
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 58-1-506 is amended to read:
28          58-1-506. Supervision of cosmetic medical procedures.
29          (1) For purposes of this section:

30          (a) "Delegation group A" means the following who are licensed under this title, acting
31     within their respective [scope] scopes of practice, and qualified under Subsections (2)(f)(i) and
32     (iii):
33          (i) a physician assistant, if acting under the supervision of a physician and the
34     procedure is included in the delegation of services agreement as defined in Section 58-70a-102;
35          (ii) a registered nurse;
36          (iii) a master esthetician; and
37          (iv) an electrologist, if evaluating for or performing laser hair removal.
38          (b) "Delegation group B" means:
39          (i) a practical nurse or an esthetician who is licensed under this title, acting within their
40     respective [scope] scopes of practice, and qualified under Subsections (2)(f)(i) and (iii); and
41          (ii) a medical assistant who is qualified under Subsections (2)(f)(i) and (iii).
42          (c) "Direct cosmetic medical procedure supervision" means the supervisor:
43          (i) has authorized the procedure to be done on the patient by the supervisee; and
44          (ii) is present and available for a face-to-face communication with the supervisee when
45     and where a cosmetic medical procedure is performed.
46          (d) "General cosmetic medical procedure supervision" means the supervisor:
47          (i) has authorized the procedure to be done on the patient by the supervisee;
48          (ii) is available in a timely and appropriate manner in person to evaluate and initiate
49     care for a patient with a suspected adverse reaction or complication; and
50          (iii) is located within 60 minutes or 60 miles of the cosmetic medical facility.
51          [(f)] (e) "Hair removal review" means:
52          (i) conducting an in-person, face-to-face interview of a patient based on the responses
53     provided by the patient to a detailed medical history assessment that was prepared by the
54     supervisor;
55          (ii) evaluating for contraindications and conditions that are part of the treatment plan;
56     and
57          (iii) if the patient history or patient presentation deviates in any way from the treatment

58     plan, referring the patient to the supervisor and receiving clearance from the supervisor before
59     starting the treatment.
60          [(e)] (f) "Indirect cosmetic medical procedure supervision" means the supervisor:
61          (i) has authorized the procedure to be done on the patient by the supervisee;
62          (ii) has given written instructions to the person being supervised;
63          (iii) is present within the cosmetic medical facility in which the person being
64     supervised is providing services; and
65          (iv) is available to:
66          (A) provide immediate face-to-face communication with the person being supervised;
67     and
68          (B) evaluate the patient, as necessary.
69          (2) A supervisor supervising a nonablative cosmetic medical procedure for hair
70     removal shall:
71          (a) have an unrestricted license to practice medicine or advanced practice registered
72     nursing in the state;
73          (b) develop the medical treatment plan for the procedure;
74          (c) conduct a hair removal review, or delegate the hair removal review to a member of
75     delegation group A, of the patient prior to initiating treatment or a series of treatments;
76          (d) personally perform the nonablative cosmetic medical procedure for hair removal, or
77     authorize and delegate the procedure to a member of delegation group A or B;
78          (e) during the nonablative cosmetic medical procedure for hair removal provide general
79     cosmetic medical procedure supervision to individuals in delegation group A performing the
80     procedure, except physician assistants, who shall be supervised as provided in Chapter 70a,
81     Physician Assistant Act, and indirect cosmetic medical procedure supervision to individuals in
82     delegation group B performing the procedure; and
83          (f) verify that a person to whom the supervisor delegates an evaluation under
84     Subsection (2)(c) or delegates a procedure under Subsection (2)(d) or (3)[(b)](c)(ii):
85          (i) has received appropriate training regarding the medical procedures developed under

86     Subsection (2)(b);
87          (ii) has an unrestricted license under this title or is performing under the license of the
88     supervising physician and surgeon; and
89          (iii) has maintained competence to perform the nonablative cosmetic medical
90     procedure through documented education and experience of at least 80 hours, as further
91     defined by rule, regarding:
92          (A) the appropriate standard of care for performing nonablative cosmetic medical
93     procedures;
94          (B) physiology of the skin;
95          (C) skin typing and analysis;
96          (D) skin conditions, disorders, and diseases;
97          (E) pre- and post-procedure care;
98          (F) infection control;
99          (G) laser and light physics training;
100          (H) laser technologies and applications;
101          (I) safety and maintenance of lasers;
102          (J) cosmetic medical procedures an individual is permitted to perform under this title;
103          (K) recognition and appropriate management of complications from a procedure; and
104          (L) [cardio-pulmonary] cardiopulmonary resuscitation (CPR).
105          (3) For a nonablative cosmetic medical procedure other than hair removal under
106     Subsection (2):
107          (a) [(i) except as provided in Subsection (3)(a)(ii) and (iii),] a physician who has an
108     unrestricted license to practice medicine, a nurse practitioner who has an unrestricted license
109     for advanced practice registered nursing, or a physician assistant acting under the supervision
110     of a physician, with the procedure included in the delegation of service agreement as defined in
111     Section 58-70a-102, shall:
112          [(A)] (i) develop a treatment plan for the nonablative cosmetic medical procedure; and
113          [(B)] (ii) conduct an in-person face-to-face evaluation of the patient prior to the

114     initiation of a treatment protocol or series of treatments; and
115          [(ii) a nurse practitioner who has an unrestricted license for advanced practice
116     registered nursing may perform the evaluation and develop the treatment plan under Subsection
117     (3)(a)(i) for nonablative medical procedures other than tattoo removal; or]
118          [(iii) a physician assistant acting under the supervision of a physician, with the
119     procedure included in the delegation of service agreement as defined in Section 58-70a-102,
120     may perform the evaluation under Subsection (3)(a)(i)(B) for nonablative medical procedures
121     other than tattoo removal; and]
122          (b) a nurse practitioner or physician assistant conducting an in-person face-to-face
123     evaluation of a patient under Subsection (3)(a)(ii) prior to removing a tattoo shall:
124          (i) inspect the patient's skin for any discoloration unrelated to the tattoo and any other
125     indication of cancer or other condition that should be treated or further evaluated before the
126     tattoo is removed;
127          (ii) refer a patient with any such condition to a physician for treatment or further
128     evaluation; and
129          (iii) shall not supervise a nonablative cosmetic medical procedure to remove a tattoo on
130     the patient until the patient has been approved for the tattoo removal by a physician who has
131     evaluated the patient; and
132          [(b)] (c) the supervisor supervising the procedure shall:
133          (i) have an unrestricted license to practice medicine or advanced practice registered
134     nursing;
135          (ii) personally perform the nonablative cosmetic medical procedure or:
136          (A) authorize and provide general cosmetic medical procedure supervision for the
137     nonablative cosmetic medical procedure that is performed by a registered nurse or a master
138     esthetician;
139          (B) authorize and provide supervision as provided in Chapter 70a, Physician Assistant
140     Act, for the nonablative cosmetic medical procedure that is performed by a physician assistant,
141     if the procedure is included in the delegation of services agreement; or

142          (C) authorize and provide direct cosmetic medical procedure supervision for the
143     nonablative cosmetic medical procedure that is performed by an esthetician; and
144          (iii) verify that a person to whom the supervisor delegates a procedure under
145     Subsection (3)[(b)](c):
146          (A) has received appropriate training regarding the medical procedures to be
147     performed;
148          (B) has an unrestricted license and is acting within [their] the person's scope of practice
149     under this title; and
150          (C) is qualified under Subsection (2)(f)(iii).
151          (4) A supervisor performing or supervising a cosmetic medical procedure under
152     Subsection (2) or (3) shall ensure that:
153          (a) the supervisor's name is prominently posted at the cosmetic medical facility
154     identifying the supervisor;
155          (b) a copy of the supervisor's license is displayed on the wall of the cosmetic medical
156     facility;
157          (c) the patient receives written information with the name and licensing information of
158     the supervisor who is supervising the nonablative cosmetic medical procedure and the person
159     who is performing the nonablative cosmetic medical procedure;
160          (d) the patient is provided with a telephone number that is answered within 24 hours
161     for follow-up communication; and
162          (e) the cosmetic medical facility's contract with a master esthetician who performs a
163     nonablative cosmetic medical procedure at the facility is kept on the premises of the facility.
164          (5) Failure to comply with the provisions of this section is unprofessional conduct.
165          (6) A chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice
166     Act, is not subject to the supervision requirements in this section for a nonablative cosmetic
167     medical procedure for hair removal if the chiropractic physician is acting within the scope of
168     practice of a chiropractic physician and with training specific to nonablative hair removal.
169          Section 2. Section 58-11a-102 is amended to read:

170          58-11a-102. Definitions.
171          As used in this chapter:
172          (1) "Approved barber or cosmetologist/barber apprenticeship" means an apprenticeship
173     that meets the requirements of Subsection 58-11a-306(1) for barbers or Subsection
174     58-11a-306(2) for cosmetologist/barbers and the requirements established by rule by the
175     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
176     Administrative Rulemaking Act.
177          (2) "Approved esthetician apprenticeship" means an apprenticeship that meets the
178     requirements of Subsection 58-11a-306(3) and the requirements established by rule by the
179     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
180     Administrative Rulemaking Act.
181          (3) "Approved master esthetician apprenticeship" means an apprenticeship that meets
182     the requirements of Subsection 58-11a-306(4) and the requirements established by rule by the
183     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
184     Administrative Rulemaking Act.
185          (4) "Approved nail technician apprenticeship" means an apprenticeship that meets the
186     requirements of Subsection 58-11a-306(5) and the requirements established by rule by the
187     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
188     Administrative Rulemaking Act.
189          (5) "Barber" means a person who is licensed under this chapter to engage in the
190     practice of barbering.
191          (6) "Barber instructor" means a barber who is licensed under this chapter to teach
192     barbering at a licensed barber school or in an apprenticeship program as defined in Section
193     58-11a-306.
194          (7) "Board" means the Barber, Cosmetology/Barbering, Esthetics, Electrology, and
195     Nail Technology Licensing Board created in Section 58-11a-201.
196          (8) "Cosmetic laser procedure" includes a nonablative procedure as defined in Section
197     58-67-102.

198          (9) "Cosmetic supervisor" means a supervisor as defined in Section 58-1-505.
199          (10) "Cosmetologist/barber" means a person who is licensed under this chapter to
200     engage in the practice of cosmetology/barbering.
201          (11) "Cosmetologist/barber instructor" means a cosmetologist/barber who is licensed
202     under this chapter to teach cosmetology/barbering at a licensed cosmetology/barber school,
203     licensed barber school, licensed nail technology school, or in an apprenticeship program as
204     defined in Subsection 58-11a-306(2).
205          (12) "Direct supervision" means that the supervisor of an apprentice or the instructor of
206     a student is immediately available for consultation, advice, instruction, and evaluation.
207          (13) "Electrologist" means a person who is licensed under this chapter to engage in the
208     practice of electrology.
209          (14) "Electrologist instructor" means an electrologist who is licensed under this chapter
210     to teach electrology at a licensed electrology school.
211          (15) "Esthetician" means a person who is licensed under this chapter to engage in the
212     practice of esthetics.
213          (16) "Esthetician instructor" means a master esthetician who is licensed under this
214     chapter to teach the practice of esthetics and the practice of master-level esthetics at a licensed
215     esthetics school, a licensed cosmetology/barber school, or in an apprenticeship program as
216     defined in Subsection 58-11a-306(3).
217          (17) "Fund" means the Barber, Cosmetologist/Barber, Esthetician, Electrologist, and
218     Nail Technician Education and Enforcement Fund created in Section 58-11a-103.
219          (18) (a) "Hair braiding" means the twisting, weaving, or interweaving of a person's
220     natural human hair.
221          (b) "Hair braiding" includes the following methods or styles:
222          (i) African-style braiding;
223          (ii) box braids;
224          (iii) cornrows;
225          (iv) dreadlocks;

226          (v) french braids;
227          (vi) invisible braids;
228          (vii) micro braids;
229          (viii) single braids;
230          (ix) single plaits;
231          (x) twists;
232          (xi) visible braids;
233          (xii) the use of lock braids; and
234          (xiii) the use of decorative beads, accessories, and nonhair extensions.
235          (c) "Hair braiding" does not include:
236          (i) the use of:
237          (A) wefts;
238          (B) synthetic tape;
239          (C) synthetic glue;
240          (D) keratin bonds;
241          (E) fusion bonds; or
242          (F) heat tools;
243          (ii) the cutting of human hair; or
244          (iii) the application of heat, dye, a reactive chemical, or other preparation to:
245          (A) alter the color of the hair; or
246          (B) straighten, curl, or alter the structure of the hair.
247          (19) "Licensed barber or cosmetology/barber school" means a barber or
248     cosmetology/barber school licensed under this chapter.
249          (20) "Licensed electrology school" means an electrology school licensed under this
250     chapter.
251          (21) "Licensed esthetics school" means an esthetics school licensed under this chapter.
252          (22) "Licensed nail technology school" means a nail technology school licensed under
253     this chapter.

254          (23) "Master esthetician" means an individual who is licensed under this chapter to
255     engage in the practice of master-level esthetics.
256          (24) "Nail technician" means an individual who is licensed under this chapter to engage
257     in the practice of nail technology.
258          (25) "Nail technician instructor" means a nail technician licensed under this chapter to
259     teach the practice of nail technology in a licensed nail technology school, a licensed
260     cosmetology/barber school, or in an apprenticeship program as defined in Subsection
261     58-11a-306(5).
262          (26) "Practice of barbering" means:
263          (a) cutting, clipping, or trimming the hair of the head of any person by the use of
264     scissors, shears, clippers, or other appliances;
265          (b) draping, shampooing, scalp treatments, basic wet styling, and blow drying; and
266          (c) removing hair from the face or neck of a person by the use of shaving equipment.
267          (27) "Practice of barbering instruction" means instructing barbering in a licensed
268     barber school, licensed cosmetology/barber school, or in an apprenticeship program as defined
269     in Subsection 58-11a-306(1).
270          (28) "Practice of basic esthetics" means any one of the following skin care procedures
271     done on the head, face, neck, arms, hands, legs, feet, eyebrows, or eyelashes for cosmetic
272     purposes and not for the treatment of medical, physical, or mental ailments:
273          (a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or
274     masks, manual extraction, including a comodone extractor, depilatories, waxes, tweezing, the
275     application of eyelash extensions, natural nail manicures or pedicures, or callous removal by
276     buffing or filing;
277          (b) limited chemical exfoliation as defined by rule;
278          (c) removing superfluous hair by means other than electrolysis, except that an
279     individual is not required to be licensed as an esthetician to engage in the practice of threading;
280          (d) other esthetic preparations or procedures with the use of the hands, a
281     high-frequency or galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not

282     for the treatment of medical, physical, or mental ailments;
283          (e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, applying
284     eyelash extensions, or a combination of these procedures; or
285          (f) except as provided in Subsection (28)(f)(i), cosmetic laser procedures under the
286     direct cosmetic medical procedure supervision of a cosmetic supervisor limited to the
287     following:
288          (i) superfluous hair removal which shall be under indirect supervision;
289          (ii) anti-aging resurfacing enhancements;
290          (iii) photo rejuvenation; or
291          (iv) tattoo removal.
292          (29) (a) "Practice of cosmetology/barbering" means:
293          (i) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
294     singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
295     person;
296          (ii) cutting, clipping, or trimming the hair by the use of scissors, shears, clippers, or
297     other appliances;
298          (iii) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, applying
299     eyelash extensions, or a combination of these procedures;
300          (iv) removing hair from the face, neck, shoulders, arms, back, torso, feet, bikini line, or
301     legs of a person by the use of depilatories, waxing, or shaving equipment;
302          (v) cutting, curling, styling, fitting, measuring, or forming caps for wigs or hairpieces
303     or both on the human head; or
304          (vi) practicing hair weaving or hair fusing or servicing previously medically implanted
305     hair.
306          (b) The term "practice of cosmetology/barbering" includes:
307          (i) the practice of basic esthetics; and
308          (ii) the practice of nail technology.
309          (c) An individual is not required to be licensed as a cosmetologist/barber to engage in

310     the practice of threading.
311          (30) "Practice of cosmetology/barbering instruction" means instructing
312     cosmetology/barbering as defined in Subsection (29) in a licensed cosmetology/barber school
313     or in an apprenticeship program as defined in Subsection 58-11a-306(2).
314          (31) "Practice of electrology" means:
315          (a) the removal of superfluous hair from the body of a person by the use of electricity,
316     waxing, shaving, or tweezing; or
317          (b) cosmetic laser procedures under the supervision of a cosmetic supervisor limited to
318     superfluous hair removal.
319          (32) "Practice of electrology instruction" means instructing electrology in a licensed
320     electrology school.
321          (33) "Practice of esthetics instruction" means instructing esthetics in a licensed
322     esthetics school, a licensed cosmetology/barber school, or instructing master-level esthetics in a
323     licensed esthetics school or in an apprenticeship program as defined in Subsections
324     58-11a-306(2), (3), and (4).
325          (34) (a) "Practice of master-level esthetics" means:
326          (i) any of the following when done for cosmetic purposes on the head, face, neck,
327     torso, abdomen, back, arms, hands, legs, feet, eyebrows, or eyelashes and not for the treatment
328     of medical, physical, or mental ailments:
329          (A) body wraps as defined by rule;
330          (B) hydrotherapy as defined by rule;
331          (C) chemical exfoliation as defined by rule;
332          (D) advanced pedicures as defined by rule;
333          (E) sanding, including microdermabrasion;
334          (F) advanced extraction;
335          (G) other esthetic preparations or procedures with the use of:
336          (I) the hands; or
337          (II) a mechanical or electrical apparatus which is approved for use by division rule for

338     beautifying or similar work performed on the body for cosmetic purposes and not for the
339     treatment of a medical, physical, or mental ailment; or
340          (H) cosmetic laser procedures under the supervision of a cosmetic supervisor with a
341     physician's evaluation before the procedure, as needed, unless specifically required under
342     Section 58-1-506, and limited to the following:
343          (I) superfluous hair removal;
344          (II) anti-aging resurfacing enhancements;
345          (III) photo rejuvenation; or
346          (IV) tattoo removal with a physician's, advanced practice nurse's, or physician
347     assistant's evaluation before the tattoo removal procedure, as required by Subsection
348     58-1-506(3)(a); and
349          (ii) lymphatic massage by manual or other means as defined by rule.
350          (b) Notwithstanding the provisions of Subsection (34)(a), a master-level esthetician
351     may perform procedures listed in Subsection (34)(a)(i)(H) if done under the supervision of a
352     cosmetic supervisor acting within the scope of the cosmetic supervisor license.
353          (c) The term "practice of master-level esthetics" includes the practice of esthetics, but
354     an individual is not required to be licensed as an esthetician or master-level esthetician to
355     engage in the practice of threading.
356          (35) "Practice of nail technology" means to trim, cut, clean, manicure, shape, massage,
357     or enhance the appearance of the hands, feet, and nails of an individual by the use of hands,
358     mechanical, or electrical preparation, antiseptic, lotions, or creams, including the application
359     and removal of sculptured or artificial nails.
360          (36) "Practice of nail technology instruction" means instructing nail technology in a
361     licensed nail technician school, licensed cosmetology/barber school, or in an apprenticeship
362     program as defined in Subsection 58-11a-306(5).
363          (37) "Recognized barber school" means a barber school located in a state other than
364     Utah, whose students, upon graduation, are recognized as having completed the educational
365     requirements for licensure in that state.

366          (38) "Recognized cosmetology/barber school" means a cosmetology/barber school
367     located in a state other than Utah, whose students, upon graduation, are recognized as having
368     completed the educational requirements for licensure in that state.
369          (39) "Recognized electrology school" means an electrology school located in a state
370     other than Utah, whose students, upon graduation, are recognized as having completed the
371     educational requirements for licensure in that state.
372          (40) "Recognized esthetics school" means an esthetics school located in a state other
373     than Utah, whose students, upon graduation, are recognized as having completed the
374     educational requirements for licensure in that state.
375          (41) "Recognized nail technology school" means a nail technology school located in a
376     state other than Utah, whose students, upon graduation, are recognized as having completed the
377     educational requirements for licensure in that state.
378          (42) "Salon" means a place, shop, or establishment in which cosmetology/barbering,
379     esthetics, electrology, or nail technology is practiced.
380          (43) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-11a-502.
381          (44) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-11a-501 and
382     as may be further defined by rule by the division in collaboration with the board in accordance
383     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.