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7 LONG TITLE
8 General Description:
9 This bill amends the Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail
10 Technician Licensing Act.
11 Highlighted Provisions:
12 This bill:
13 ▸ permits an esthetics school to provide a certain percent of its curriculum online; and
14 ▸ amends unprofessional conduct provisions.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 58-11a-501, as last amended by Laws of Utah 2009, Chapter 130
22 ENACTS:
23 58-11a-302.5, Utah Code Annotated 1953
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 58-11a-302.5 is enacted to read:
27 58-11a-302.5. Qualification for licensure as esthetics school -- Online curriculum.
28 (1) An applicant for licensure as an esthetics school under Subsection 58-11a-302(13)
29 and an esthetics school licensed under this chapter may offer up to 30% of its total curriculum
30 online:
31 (a) for instruction in theory; and
32 (b) in accordance with standards adopted by nationally recognized accrediting
33 organizations.
34 (2) The provisions of this section do not:
35 (a) require the board to allow other schools licensed under this chapter to offer
36 curriculum online; or
37 (b) limit the authority of the board to allow other schools licensed under this chapter to
38 offer curriculum online.
39 Section 2. Section 58-11a-501 is amended to read:
40 58-11a-501. Unprofessional conduct.
41 Unprofessional conduct includes:
42 (1) failing as a licensed school to obtain or maintain accreditation as required by rule;
43 (2) failing as a licensed school to comply with the standards of accreditation applicable
44 to such schools;
45 (3) failing as a licensed school to provide adequate instruction to enrolled students;
46 (4) failing as an apprentice supervisor to provide direct supervision to the apprentice;
47 (5) failing as an instructor to provide direct supervision to students who are providing
48 services to an individual under [
49 (6) failing as an apprentice supervisor to comply with division rules relating to
50 apprenticeship programs under this chapter;
51 (7) keeping a salon or school, its furnishing, tools, utensils, linen, or appliances in an
52 unsanitary condition;
53 (8) failing to comply with Title 26, Utah Health Code;
54 (9) failing to display licenses or certificates as required under Section 58-11a-305;
55 (10) failing to comply with physical facility requirements established by rule;
56 (11) failing to maintain mechanical or electrical equipment in safe operating condition;
57 (12) failing to adequately monitor patrons using steam rooms, dry heat rooms, baths,
58 showers, or saunas;
59 (13) prescribing or administering prescription drugs;
60 (14) failing to comply with all applicable state and local health or sanitation laws;
61 (15) engaging in any act or practice in a professional capacity that is outside the
62 applicable scope of practice;
63 (16) engaging in any act or practice in a professional capacity which the licensee is not
64 competent to perform through education or training;
65 (17) in connection with the use of a chemical exfoliant, unless under the supervision of
66 a licensed health care practitioner acting within the scope of his or her license:
67 (a) using any acid, concentration of an acid, or combination of treatments which
68 violates the standards established by rule;
69 (b) removing any layer of skin deeper than the stratum corneum of the epidermis; or
70 (c) using an exfoliant that contains phenol, TCA acid of over 15%, or BCA acid;
71 (18) in connection with the sanding of the skin, unless under the supervision of a
72 licensed health care practitioner acting within the scope of his or her license, removing any
73 layer of skin deeper than the stratum corneum of the epidermis; or
74 (19) using as a barber, cosmetologist/barber, or nail technician any laser procedure or
75 intense, pulsed light source, except that nothing in this chapter precludes an individual licensed
76 under this chapter from using a nonprescriptive laser device.