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)(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) the supervisor supervising the procedure shall:
123          (i) have an unrestricted license to practice medicine or advanced practice registered
124     nursing;
125          (ii) personally perform the nonablative cosmetic medical procedure or:
126          (A) authorize and provide general cosmetic medical procedure supervision for the
127     nonablative cosmetic medical procedure that is performed by a registered nurse or a master
128     esthetician;
129          (B) authorize and provide supervision as provided in Chapter 70a, Physician Assistant
130     Act, for the nonablative cosmetic medical procedure that is performed by a physician assistant,
131     if the procedure is included in the delegation of services agreement; or
132          (C) authorize and provide direct cosmetic medical procedure supervision for the
133     nonablative cosmetic medical procedure that is performed by an esthetician; and
134          (iii) verify that a person to whom the supervisor delegates a procedure under
135     Subsection (3)(b):
136          (A) has received appropriate training regarding the medical procedures to be
137     performed;
138          (B) has an unrestricted license and is acting within [their] the person's scope of practice
139     under this title; and
140          (C) is qualified under Subsection (2)(f)(iii).
141          (4) A supervisor performing or supervising a cosmetic medical procedure under
142     Subsection (2) or (3) shall ensure that:
143          (a) the supervisor's name is prominently posted at the cosmetic medical facility
144     identifying the supervisor;
145          (b) a copy of the supervisor's license is displayed on the wall of the cosmetic medical
146     facility;
147          (c) the patient receives written information with the name and licensing information of
148     the supervisor who is supervising the nonablative cosmetic medical procedure and the person
149     who is performing the nonablative cosmetic medical procedure;
150          (d) the patient is provided with a telephone number that is answered within 24 hours
151     for follow-up communication; and

152          (e) the cosmetic medical facility's contract with a master esthetician who performs a
153     nonablative cosmetic medical procedure at the facility is kept on the premises of the facility.
154          (5) Failure to comply with the provisions of this section is unprofessional conduct.
155          (6) A chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice
156     Act, is not subject to the supervision requirements in this section for a nonablative cosmetic
157     medical procedure for hair removal if the chiropractic physician is acting within the scope of
158     practice of a chiropractic physician and with training specific to nonablative hair removal.
159          Section 2. Section 58-11a-102 is amended to read:
160          58-11a-102. Definitions.
161          As used in this chapter:
162          (1) "Approved barber or cosmetologist/barber apprenticeship" means an apprenticeship
163     that meets the requirements of Subsection 58-11a-306(1) for barbers or Subsection
164     58-11a-306(2) for cosmetologist/barbers and the requirements established by rule by the
165     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
166     Administrative Rulemaking Act.
167          (2) "Approved esthetician apprenticeship" means an apprenticeship that meets the
168     requirements of Subsection 58-11a-306(3) and the requirements established by rule by the
169     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
170     Administrative Rulemaking Act.
171          (3) "Approved master esthetician apprenticeship" means an apprenticeship that meets
172     the requirements of Subsection 58-11a-306(4) and the requirements established by rule by the
173     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
174     Administrative Rulemaking Act.
175          (4) "Approved nail technician apprenticeship" means an apprenticeship that meets the
176     requirements of Subsection 58-11a-306(5) and the requirements established by rule by the
177     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
178     Administrative Rulemaking Act.
179          (5) "Barber" means a person who is licensed under this chapter to engage in the
180     practice of barbering.
181          (6) "Barber instructor" means a barber who is licensed under this chapter to teach
182     barbering at a licensed barber school or in an apprenticeship program as defined in Section

183     58-11a-306.
184          (7) "Board" means the Barber, Cosmetology/Barbering, Esthetics, Electrology, and
185     Nail Technology Licensing Board created in Section 58-11a-201.
186          (8) "Cosmetic laser procedure" includes a nonablative procedure as defined in Section
187     58-67-102.
188          (9) "Cosmetic supervisor" means a supervisor as defined in Section 58-1-505.
189          (10) "Cosmetologist/barber" means a person who is licensed under this chapter to
190     engage in the practice of cosmetology/barbering.
191          (11) "Cosmetologist/barber instructor" means a cosmetologist/barber who is licensed
192     under this chapter to teach cosmetology/barbering at a licensed cosmetology/barber school,
193     licensed barber school, licensed nail technology school, or in an apprenticeship program as
194     defined in Subsection 58-11a-306(2).
195          (12) "Direct supervision" means that the supervisor of an apprentice or the instructor of
196     a student is immediately available for consultation, advice, instruction, and evaluation.
197          (13) "Electrologist" means a person who is licensed under this chapter to engage in the
198     practice of electrology.
199          (14) "Electrologist instructor" means an electrologist who is licensed under this chapter
200     to teach electrology at a licensed electrology school.
201          (15) "Esthetician" means a person who is licensed under this chapter to engage in the
202     practice of esthetics.
203          (16) "Esthetician instructor" means a master esthetician who is licensed under this
204     chapter to teach the practice of esthetics and the practice of master-level esthetics at a licensed
205     esthetics school, a licensed cosmetology/barber school, or in an apprenticeship program as
206     defined in Subsection 58-11a-306(3).
207          (17) "Fund" means the Barber, Cosmetologist/Barber, Esthetician, Electrologist, and
208     Nail Technician Education and Enforcement Fund created in Section 58-11a-103.
209          (18) (a) "Hair braiding" means the twisting, weaving, or interweaving of a person's
210     natural human hair.
211          (b) "Hair braiding" includes the following methods or styles:
212          (i) African-style braiding;
213          (ii) box braids;

214          (iii) cornrows;
215          (iv) dreadlocks;
216          (v) french braids;
217          (vi) invisible braids;
218          (vii) micro braids;
219          (viii) single braids;
220          (ix) single plaits;
221          (x) twists;
222          (xi) visible braids;
223          (xii) the use of lock braids; and
224          (xiii) the use of decorative beads, accessories, and nonhair extensions.
225          (c) "Hair braiding" does not include:
226          (i) the use of:
227          (A) wefts;
228          (B) synthetic tape;
229          (C) synthetic glue;
230          (D) keratin bonds;
231          (E) fusion bonds; or
232          (F) heat tools;
233          (ii) the cutting of human hair; or
234          (iii) the application of heat, dye, a reactive chemical, or other preparation to:
235          (A) alter the color of the hair; or
236          (B) straighten, curl, or alter the structure of the hair.
237          (19) "Licensed barber or cosmetology/barber school" means a barber or
238     cosmetology/barber school licensed under this chapter.
239          (20) "Licensed electrology school" means an electrology school licensed under this
240     chapter.
241          (21) "Licensed esthetics school" means an esthetics school licensed under this chapter.
242          (22) "Licensed nail technology school" means a nail technology school licensed under
243     this chapter.
244          (23) "Master esthetician" means an individual who is licensed under this chapter to

245     engage in the practice of master-level esthetics.
246          (24) "Nail technician" means an individual who is licensed under this chapter to engage
247     in the practice of nail technology.
248          (25) "Nail technician instructor" means a nail technician licensed under this chapter to
249     teach the practice of nail technology in a licensed nail technology school, a licensed
250     cosmetology/barber school, or in an apprenticeship program as defined in Subsection
251     58-11a-306(5).
252          (26) "Practice of barbering" means:
253          (a) cutting, clipping, or trimming the hair of the head of any person by the use of
254     scissors, shears, clippers, or other appliances;
255          (b) draping, shampooing, scalp treatments, basic wet styling, and blow drying; and
256          (c) removing hair from the face or neck of a person by the use of shaving equipment.
257          (27) "Practice of barbering instruction" means instructing barbering in a licensed
258     barber school, licensed cosmetology/barber school, or in an apprenticeship program as defined
259     in Subsection 58-11a-306(1).
260          (28) "Practice of basic esthetics" means any one of the following skin care procedures
261     done on the head, face, neck, arms, hands, legs, feet, eyebrows, or eyelashes for cosmetic
262     purposes and not for the treatment of medical, physical, or mental ailments:
263          (a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or
264     masks, manual extraction, including a comodone extractor, depilatories, waxes, tweezing, the
265     application of eyelash extensions, natural nail manicures or pedicures, or callous removal by
266     buffing or filing;
267          (b) limited chemical exfoliation as defined by rule;
268          (c) removing superfluous hair by means other than electrolysis, except that an
269     individual is not required to be licensed as an esthetician to engage in the practice of threading;
270          (d) other esthetic preparations or procedures with the use of the hands, a
271     high-frequency or galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not
272     for the treatment of medical, physical, or mental ailments;
273          (e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, applying
274     eyelash extensions, or a combination of these procedures; or
275          (f) except as provided in Subsection (28)(f)(i), cosmetic laser procedures under the

276     direct cosmetic medical procedure supervision of a cosmetic supervisor limited to the
277     following:
278          (i) superfluous hair removal which shall be under indirect supervision;
279          (ii) anti-aging resurfacing enhancements;
280          (iii) photo rejuvenation; or
281          (iv) tattoo removal.
282          (29) (a) "Practice of cosmetology/barbering" means:
283          (i) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
284     singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
285     person;
286          (ii) cutting, clipping, or trimming the hair by the use of scissors, shears, clippers, or
287     other appliances;
288          (iii) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, applying
289     eyelash extensions, or a combination of these procedures;
290          (iv) removing hair from the face, neck, shoulders, arms, back, torso, feet, bikini line, or
291     legs of a person by the use of depilatories, waxing, or shaving equipment;
292          (v) cutting, curling, styling, fitting, measuring, or forming caps for wigs or hairpieces
293     or both on the human head; or
294          (vi) practicing hair weaving or hair fusing or servicing previously medically implanted
295     hair.
296          (b) The term "practice of cosmetology/barbering" includes:
297          (i) the practice of basic esthetics; and
298          (ii) the practice of nail technology.
299          (c) An individual is not required to be licensed as a cosmetologist/barber to engage in
300     the practice of threading.
301          (30) "Practice of cosmetology/barbering instruction" means instructing
302     cosmetology/barbering as defined in Subsection (29) in a licensed cosmetology/barber school
303     or in an apprenticeship program as defined in Subsection 58-11a-306(2).
304          (31) "Practice of electrology" means:
305          (a) the removal of superfluous hair from the body of a person by the use of electricity,
306     waxing, shaving, or tweezing; or

307          (b) cosmetic laser procedures under the supervision of a cosmetic supervisor limited to
308     superfluous hair removal.
309          (32) "Practice of electrology instruction" means instructing electrology in a licensed
310     electrology school.
311          (33) "Practice of esthetics instruction" means instructing esthetics in a licensed
312     esthetics school, a licensed cosmetology/barber school, or instructing master-level esthetics in a
313     licensed esthetics school or in an apprenticeship program as defined in Subsections
314     58-11a-306(2), (3), and (4).
315          (34) (a) "Practice of master-level esthetics" means:
316          (i) any of the following when done for cosmetic purposes on the head, face, neck,
317     torso, abdomen, back, arms, hands, legs, feet, eyebrows, or eyelashes and not for the treatment
318     of medical, physical, or mental ailments:
319          (A) body wraps as defined by rule;
320          (B) hydrotherapy as defined by rule;
321          (C) chemical exfoliation as defined by rule;
322          (D) advanced pedicures as defined by rule;
323          (E) sanding, including microdermabrasion;
324          (F) advanced extraction;
325          (G) other esthetic preparations or procedures with the use of:
326          (I) the hands; or
327          (II) a mechanical or electrical apparatus which is approved for use by division rule for
328     beautifying or similar work performed on the body for cosmetic purposes and not for the
329     treatment of a medical, physical, or mental ailment; or
330          (H) cosmetic laser procedures under the supervision of a cosmetic supervisor with a
331     physician's evaluation before the procedure, as needed, unless specifically required under
332     Section 58-1-506, and limited to the following:
333          (I) superfluous hair removal;
334          (II) anti-aging resurfacing enhancements;
335          (III) photo rejuvenation; or
336          (IV) tattoo removal with a physician's, advanced practice nurse's, or physician
337     assistant's evaluation before the tattoo removal procedure, as required by Subsection

338     58-1-506(3)(a); and
339          (ii) lymphatic massage by manual or other means as defined by rule.
340          (b) Notwithstanding the provisions of Subsection (34)(a), a master-level esthetician
341     may perform procedures listed in Subsection (34)(a)(i)(H) if done under the supervision of a
342     cosmetic supervisor acting within the scope of the cosmetic supervisor license.
343          (c) The term "practice of master-level esthetics" includes the practice of esthetics, but
344     an individual is not required to be licensed as an esthetician or master-level esthetician to
345     engage in the practice of threading.
346          (35) "Practice of nail technology" means to trim, cut, clean, manicure, shape, massage,
347     or enhance the appearance of the hands, feet, and nails of an individual by the use of hands,
348     mechanical, or electrical preparation, antiseptic, lotions, or creams, including the application
349     and removal of sculptured or artificial nails.
350          (36) "Practice of nail technology instruction" means instructing nail technology in a
351     licensed nail technician school, licensed cosmetology/barber school, or in an apprenticeship
352     program as defined in Subsection 58-11a-306(5).
353          (37) "Recognized barber school" means a barber school located in a state other than
354     Utah, whose students, upon graduation, are recognized as having completed the educational
355     requirements for licensure in that state.
356          (38) "Recognized cosmetology/barber school" means a cosmetology/barber school
357     located in a state other than Utah, whose students, upon graduation, are recognized as having
358     completed the educational requirements for licensure in that state.
359          (39) "Recognized electrology school" means an electrology school located in a state
360     other than Utah, whose students, upon graduation, are recognized as having completed the
361     educational requirements for licensure in that state.
362          (40) "Recognized esthetics school" means an esthetics school located in a state other
363     than Utah, whose students, upon graduation, are recognized as having completed the
364     educational requirements for licensure in that state.
365          (41) "Recognized nail technology school" means a nail technology school located in a
366     state other than Utah, whose students, upon graduation, are recognized as having completed the
367     educational requirements for licensure in that state.
368          (42) "Salon" means a place, shop, or establishment in which cosmetology/barbering,

369     esthetics, electrology, or nail technology is practiced.
370          (43) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-11a-502.
371          (44) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-11a-501 and
372     as may be further defined by rule by the division in collaboration with the board in accordance
373     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.






Legislative Review Note
Office of Legislative Research and General Counsel