This document includes House Floor Amendments incorporated into the bill on Wed, Feb 22, 2017 at 4:19 PM by jeyring.
1     
COSMETOLOGY LICENSING ACT AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: James A. Dunnigan

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9           This bill modifies the Barber, Cosmetologist/Barber, Esthetician, Electrologist, and
10     Nail Technician Licensing Act (the act).
11     Highlighted Provisions:
12          This bill:
13          ▸      defines terms;
14          ▸     modifies the name of the act and the related licensing board and education and
15     enforcement fund;
16          ▸     creates a license issued by the Division of Occupational and Profession Licensing
17     for a hair designer, a hair designer instructor, and a hair design school;
18          ▸     describes the requirements for obtaining a license as a hair designer, a hair designer
19     instructor, and a hair design school;
20          ▸     modifies the requirements for licensed instructors under the act; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          58-11a-101, as last amended by Laws of Utah 2007, Chapter 209
29          58-11a-102, as last amended by Laws of Utah 2016, Chapters 75 and 274
30          58-11a-103, as last amended by Laws of Utah 2013, Chapter 400
31          58-11a-201, as last amended by Laws of Utah 2007, Chapter 209
32          58-11a-301, as last amended by Laws of Utah 2016, Chapter 274
33          58-11a-302, as last amended by Laws of Utah 2016, Chapter 274
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 58-11a-101 is amended to read:
37     
CHAPTER 11a. COSMETOLOGY AND ASSOCIATED

38     
PROFESSIONS LICENSING ACT

39          58-11a-101. Title.
40          This chapter is known as the ["Barber, Cosmetologist/Barber, Esthetician, Electrologist,
41     and Nail Technician] "Cosmetology and Associated Professions Licensing Act."
42          Section 2. Section 58-11a-102 is amended to read:
43          58-11a-102. Definitions.
44          As used in this chapter:
45          (1) "Approved barber or cosmetologist/barber apprenticeship" means an apprenticeship
46     that meets the requirements of Subsection 58-11a-306(1) for barbers or Subsection
47     58-11a-306(2) for cosmetologist/barbers 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          (2) "Approved esthetician apprenticeship" means an apprenticeship that meets the
51     requirements of Subsection 58-11a-306(3) 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          (3) "Approved master esthetician apprenticeship" means an apprenticeship that meets
55     the requirements of Subsection 58-11a-306(4) and the requirements established by rule by the
56     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
57     Administrative Rulemaking Act.
58          (4) "Approved nail technician apprenticeship" means an apprenticeship that meets the
59     requirements of Subsection 58-11a-306(5) and the requirements established by rule by the
60     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
61     Administrative Rulemaking Act.
62          (5) "Barber" means a person who is licensed under this chapter to engage in the
63     practice of barbering.
64          (6) "Barber instructor" means a barber who is licensed under this chapter to engage in
65     the practice of barbering instruction.
66          (7) "Board" means the [Barber, Cosmetology/Barbering, Esthetics, Electrology, and
67      Nail Technology] Cosmetology and Associated Professions Licensing Board created in Section
68     58-11a-201.
69          (8) "Cosmetic laser procedure" includes a nonablative procedure as defined in Section
70     58-67-102.
71          (9) "Cosmetic supervisor" means a supervisor as defined in Section 58-1-505.
72          (10) "Cosmetologist/barber" means a person who is licensed under this chapter to
73     engage in the practice of cosmetology/barbering.
74          (11) "Cosmetologist/barber instructor" means a cosmetologist/barber who is licensed
75     under this chapter to engage in the practice of cosmetology/barbering instruction.
76          (12) "Direct supervision" means that the supervisor of an apprentice or the instructor of
77     a student is immediately available for consultation, advice, instruction, and evaluation.
78          (13) "Electrologist" means a person who is licensed under this chapter to engage in the
79     practice of electrology.
80          (14) "Electrologist instructor" means an electrologist who is licensed under this chapter
81     to engage in the practice of electrology instruction.
82          (15) "Esthetician" means a person who is licensed under this chapter to engage in the
83     practice of esthetics.
84          (16) "Esthetician instructor" means a master esthetician who is licensed under this
85     chapter to engage in the practice of esthetics instruction.
86          (17) "Fund" means the [Barber, Cosmetologist/Barber, Esthetician, Electrologist, and
87     Nail Technician] Cosmetology and Associated Professions Education and Enforcement Fund
88     created in Section 58-11a-103.
89          (18) (a) "Hair braiding" means the twisting, weaving, or interweaving of a person's
90     natural human hair.
91          (b) "Hair braiding" includes the following methods or styles:
92          (i) African-style braiding;
93          (ii) box braids;
94          (iii) cornrows;
95          (iv) dreadlocks;
96          (v) french braids;
97          (vi) invisible braids;
98          (vii) micro braids;
99          (viii) single braids;
100          (ix) single plaits;
101          (x) twists;
102          (xi) visible braids;
103          (xii) the use of lock braids; and
104          (xiii) the use of decorative beads, accessories, and nonhair extensions.
105          (c) "Hair braiding" does not include:
106          (i) the use of:
107          (A) wefts;
108          (B) synthetic tape;
109          (C) synthetic glue;
110          (D) keratin bonds;
111          (E) fusion bonds; or
112          (F) heat tools;
113          (ii) the cutting of human hair; or
114          (iii) the application of heat, dye, a reactive chemical, or other preparation to:
115          (A) alter the color of the hair; or
116          (B) straighten, curl, or alter the structure of the hair.
117          (19) "Hair designer" means a person who is licensed under this chapter to engage in the
118     practice of hair design.
119          (20) "Hair designer instructor" means a hair designer who is licensed under this chapter
120     to engage in the practice of hair design instruction.
121          [(19)] (21) "Licensed barber or cosmetology/barber school" means a barber or
122     cosmetology/barber school licensed under this chapter.
123          [(20)] (22) "Licensed electrology school" means an electrology school licensed under
124     this chapter.
125          [(21)] (23) "Licensed esthetics school" means an esthetics school licensed under this
126     chapter.
127          (24) "Licensed hair design school" means a hair design school licensed under this
128     chapter.
129          [(22)] (25) "Licensed nail technology school" means a nail technology school licensed
130     under this chapter.
131          [(23)] (26) "Master esthetician" means an individual who is licensed under this chapter
132     to engage in the practice of master-level esthetics.
133          [(24)] (27) "Nail technician" means an individual who is licensed under this chapter to
134     engage in the practice of nail technology.
135          [(25)] (28) "Nail technician instructor" means a nail technician licensed under this
136     chapter to engage in the practice of nail technology instruction.
137          [(26)] (29) "Practice of barbering" means:
138          (a) cutting, clipping, or trimming the hair of the head of any person by the use of
139     scissors, shears, clippers, or other appliances;
140          (b) draping, shampooing, scalp treatments, basic wet styling, and blow drying; and
141          (c) removing hair from the face or neck of a person by the use of shaving equipment.
142          [(27)] (30) "Practice of barbering instruction" means teaching the practice of barbering
143     at a licensed barber school, at a licensed cosmetology/barber school, or for an approved barber
144     apprenticeship.
145          [(28)] (31) "Practice of basic esthetics" means any one of the following skin care
146     procedures done on the body for cosmetic purposes and not for the treatment of medical,
147     physical, or mental ailments:
148          (a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or
149     masks, manual extraction, including a [comodone] comedone extractor, depilatories, waxes,
150     tweezing, the application of eyelash or eyebrow extensions, natural nail manicures or
151     pedicures, or callous removal by buffing or filing;
152          (b) limited chemical exfoliation as defined by rule;
153          (c) removing superfluous hair by means other than electrolysis, except that an
154     individual is not required to be licensed as an esthetician to engage in the practice of threading;
155          (d) other esthetic preparations or procedures with the use of the hands, a
156     high-frequency or galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not
157     for the treatment of medical, physical, or mental ailments;
158          (e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, or applying
159     eyelash or eyebrow extensions; or
160          (f) except as provided in Subsection [(28)] (31)(f)(i), cosmetic laser procedures under
161     the direct cosmetic medical procedure supervision of a cosmetic supervisor limited to the
162     following:
163          (i) superfluous hair removal which shall be under indirect supervision;
164          (ii) anti-aging resurfacing enhancements;
165          (iii) photo rejuvenation; or
166          (iv) tattoo removal.
167          [(29)] (32) (a) "Practice of cosmetology/barbering" means:
168          (i) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
169     singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
170     person;
171          (ii) cutting, clipping, or trimming the hair by the use of scissors, shears, clippers, or
172     other appliances;
173          (iii) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, applying
174     eyelash or eyebrow extensions;
175          (iv) removing hair from the body of a person by the use of depilatories, waxing, or
176     shaving equipment;
177          (v) cutting, curling, styling, fitting, measuring, or forming caps for wigs or hairpieces
178     or both on the human head; or
179          (vi) practicing hair weaving or hair fusing or servicing previously medically implanted
180     hair.
181          (b) The term "practice of cosmetology/barbering" includes:
182          (i) the practice of basic esthetics; and
183          (ii) the practice of nail technology.
184          (c) An individual is not required to be licensed as a cosmetologist/barber to engage in
185     the practice of threading.
186          [(30)] (33) "Practice of cosmetology/barbering instruction" means teaching the practice
187     of cosmetology/barbering:
188          (a) at a licensed cosmetology/barber school, a licensed barber school, or a licensed nail
189     technology school; or
190          (b) for an approved cosmetologist/barber apprenticeship.
191          [(31)] (34) "Practice of electrology" means:
192          (a) the removal of superfluous hair from the body of a person by the use of electricity,
193     waxing, shaving, or tweezing; or
194          (b) cosmetic laser procedures under the supervision of a cosmetic supervisor limited to
195     superfluous hair removal.
196          [(32)] (35) "Practice of electrology instruction" means teaching the practice of
197     electrology at a licensed electrology school.
198          [(33)] (36) "Practice of esthetics instruction" means teaching the practice of basic
199     esthetics or the practice of master-level esthetics:
200          (a) at a licensed esthetics school or a licensed cosmetology/barber school; or
201          (b) for an approved esthetician apprenticeship or an approved master esthetician
202     apprenticeship.
203          (37) "Practice of hair design" means:
204          (a) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
205     singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
206     person;
207          (b) barbering, cutting, clipping, shaving, or trimming the hair by the use of scissors,
208     shears, clippers, or other appliances;
209          (c) cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or
210     both on the human head; or
211          (d) practicing hair weaving, hair fusing, or servicing previously medically implanted
212     hair.
213          (38) "Practice of hair design instruction" means teaching the practice of hair design at a
214     licensed cosmetology/barber school, a licensed hair design school, or a licensed barber school.
215          [(34)] (39) (a) "Practice of master-level esthetics" means:
216          (i) any of the following when done for cosmetic purposes on the body and not for the
217     treatment of medical, physical, or mental ailments:
218          (A) body wraps as defined by rule;
219          (B) hydrotherapy as defined by rule;
220          (C) chemical exfoliation as defined by rule;
221          (D) advanced pedicures as defined by rule;
222          (E) sanding, including microdermabrasion;
223          (F) advanced extraction;
224          (G) other esthetic preparations or procedures with the use of:
225          (I) the hands; or
226          (II) a mechanical or electrical apparatus which is approved for use by division rule for
227     beautifying or similar work performed on the body for cosmetic purposes and not for the
228     treatment of a medical, physical, or mental ailment; or
229          (H) cosmetic laser procedures under the supervision of a cosmetic supervisor with a
230     physician's evaluation before the procedure, as needed, unless specifically required under
231     Section 58-1-506, and limited to the following:
232          (I) superfluous hair removal;
233          (II) anti-aging resurfacing enhancements;
234          (III) photo rejuvenation; or
235          (IV) tattoo removal with a physician's, advanced practice nurse's, or physician
236     assistant's evaluation before the tattoo removal procedure, as required by Subsection
237     58-1-506(3)(a); and
238          (ii) lymphatic massage by manual or other means as defined by rule.
239          (b) Notwithstanding the provisions of Subsection [(34)] (39)(a), a master-level
240     esthetician may perform procedures listed in Subsection [(34)] (39)(a)(i)(H) if done under the
241     supervision of a cosmetic supervisor acting within the scope of the cosmetic supervisor license.
242          (c) The term "practice of master-level esthetics" includes the practice of esthetics, but
243     an individual is not required to be licensed as an esthetician or master-level esthetician to
244     engage in the practice of threading.
245          [(35)] (40) "Practice of nail technology" means to trim, cut, clean, manicure, shape,
246     massage, or enhance the appearance of the hands, feet, and nails of an individual by the use of
247     hands, mechanical, or electrical preparation, antiseptic, lotions, or creams, including the
248     application and removal of sculptured or artificial nails.
249          [(36)] (41) "Practice of nail technology instruction" means teaching the practice of nail
250     technology at a licensed nail technician school, at a licensed cosmetology/barber school, or for
251     an approved nail technician apprenticeship.
252          [(37)] (42) "Recognized barber school" means a barber school located in a state other
253     than Utah, whose students, upon graduation, are recognized as having completed the
254     educational requirements for licensure in that state.
255          [(38)] (43) "Recognized cosmetology/barber school" means a cosmetology/barber
256     school located in a state other than Utah, whose students, upon graduation, are recognized as
257     having completed the educational requirements for licensure in that state.
258          [(39)] (44) "Recognized electrology school" means an electrology school located in a
259     state other than Utah, whose students, upon graduation, are recognized as having completed the
260     educational requirements for licensure in that state.
261          [(40)] (45) "Recognized esthetics school" means an esthetics school located in a state
262     other than Utah, whose students, upon graduation, are recognized as having completed the
263     educational requirements for licensure in that state.
264          (46) "Recognized hair design school" means a hair design school located in a state
265     other than Utah, whose students, upon graduation, are recognized as having completed the
266     educational requirements for licensure in that state.
267          [(41)] (47) "Recognized nail technology school" means a nail technology school
268     located in a state other than Utah, whose students, upon graduation, are recognized as having
269     completed the educational requirements for licensure in that state.
270          [(42)] (48) "Salon" means a place, shop, or establishment in which
271     cosmetology/barbering, esthetics, electrology, or nail technology is practiced.
272          [(43)] (49) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-11a-502.
273          [(44)] (50) "Unprofessional conduct" is as defined in Sections 58-1-501 and
274     58-11a-501 and as may be further defined by rule by the division in collaboration with the
275     board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
276          Section 3. Section 58-11a-103 is amended to read:
277          58-11a-103. Education and enforcement fund.
278          (1) There is created an expendable special revenue fund known as the ["Barber,
279     Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician] "Cosmetology and
280     Associated Professions Education and Enforcement Fund."
281          (2) The fund consists of money from administrative penalties collected pursuant to this
282     chapter.
283          (3) The fund shall earn interest and all interest earned on fund money shall be
284     deposited into the fund.
285          (4) The director may, with concurrence of the board, make distributions from the fund
286     for the following purposes:
287          (a) education and training of licensees under this chapter;
288          (b) education and training of the public or other interested persons in matters
289     concerning the laws governing the practices licensed under this chapter; and
290          (c) enforcement of this chapter by:
291          (i) investigating unprofessional or unlawful conduct; and
292          (ii) providing legal representation to the division when the division takes legal action
293     against a person engaging in unprofessional or unlawful conduct.
294          (5) The division shall report annually to the appropriate appropriations subcommittee
295     of the Legislature concerning the fund.
296          Section 4. Section 58-11a-201 is amended to read:
297          58-11a-201. Board.
298          (1) There is created the [Barbering, Cosmetology/Barbering, Esthetics, Electrology,
299      and Nail Technology] Cosmetology and Associated Professions Licensing Board consisting of
300      the following nine members [as follows]:
301          (a) one barber or cosmetologist/barber ;
302          (b) (i) one barber or cosmetologist/barber instructor; or
303          (ii) one representative of a licensed barber or cosmetology/barber school;
304          (c) one master esthetician;
305          (d) (i) one esthetician instructor; or
306          (ii) one representative of a licensed esthetics school;
307          (e) one nail technician;
308          (f) (i) one nail technician instructor; or
309          (ii) one representative of a licensed nail technician school;
310          (g) one electrologist; and
311          (h) two members from the general public.
312          (2) (a) The board shall be appointed and serve in accordance with Section 58-1-201.
313          (b) (i) At least one of the members of the board appointed under Subsections (1)(b),
314     (d), and (f) shall be an instructor at or a representative of a public school.
315          (ii) At least one of the members of the board appointed under Subsections (1)(b), (d),
316     and (f) shall be an instructor at or a representative of a private school.
317          (3) The duties and responsibilities of the board are in accordance with Sections
318     58-1-202 and 58-1-203. In addition, the board shall designate one of its members on a
319     permanent or rotating basis to:
320          (a) assist the division in reviewing complaints concerning the unlawful or
321     unprofessional conduct of a licensee; and
322          (b) advise the division in its investigation of these complaints.
323          (4) A board member who has, under Subsection (3), reviewed a complaint or advised
324     in its investigation may be disqualified from participating with the board when the board serves
325     as a presiding officer in an adjudicative proceeding concerning the complaint.
326          Section 5. Section 58-11a-301 is amended to read:
327          58-11a-301. Licensure required -- License classifications.
328          (1) Except as specifically provided in Section 58-1-307 or 58-11a-304, a license is
329     required to:
330          (a) engage in the practice of:
331          (i) barbering;
332          (ii) barbering instruction;
333          (iii) cosmetology/barbering;
334          (iv) cosmetology/barbering instruction;
335          (v) electrology;
336          (vi) electrology instruction;
337          (vii) esthetics;
338          (viii) master-level esthetics;
339          (ix) esthetics instruction;
340          (x) hair design;
341          (xi) hair design instruction;
342          [(x)] (xii) nail technology; or
343          [(xi)] (xiii) nail technology instruction; or
344          (b) operate:
345          (i) a barbering school;
346          (ii) a cosmetology/barbering school;
347          (iii) an electrology school;
348          (iv) an esthetics school; [or]
349          (v) a hair design school; or
350          [(v)] (vi) a nail technology school.
351          (2) The division shall issue to a person who qualifies under this chapter a license in the
352     following classifications:
353          (a) barber;
354          (b) barber instructor;
355          (c) barber school;
356          (d) cosmetologist/barber;
357          (e) cosmetologist/barber instructor;
358          (f) cosmetology/barber school;
359          (g) electrologist;
360          (h) electrologist instructor;
361          (i) electrology school;
362          (j) esthetician;
363          (k) master esthetician;
364          (l) esthetician instructor;
365          (m) esthetics school;
366          (n) hair designer;
367          (o) hair designer instructor;
368          (p) hair design school;
369          [(n)] (q) nail technology;
370          [(o)] (r) nail technology instructor; and
371          [(p)] (s) nail technology school.
372          (3) A person who participates as an apprentice in an approved apprenticeship under
373     this chapter shall register with the division as described in Section 58-11a-306.
374          Section 6. Section 58-11a-302 is amended to read:
375          58-11a-302. Qualifications for licensure.
376          (1) Each applicant for licensure as a barber shall:
377          (a) submit an application in a form prescribed by the division;
378          (b) pay a fee determined by the department under Section 63J-1-504;
379          (c) be of good moral character;
380          (d) provide satisfactory documentation of:
381          (i) graduation from a licensed or recognized barber school, or a licensed or recognized
382     cosmetology/barber school, whose curriculum consists of a minimum of 1,000 hours of
383     instruction, or the equivalent number of credit hours, over a period of not less than 25 weeks;
384          (ii) (A) graduation from a recognized barber school located in a state other than Utah
385     whose curriculum consists of less than 1,000 hours of instruction or the equivalent number of
386     credit hours; and
387          (B) practice as a licensed barber in a state other than Utah for not less than the number
388     of hours required to equal 1,000 total hours when added to the hours of instruction described in
389     Subsection (1)(d)(ii)(A); or
390          (iii) completion of an approved barber apprenticeship; and
391          (e) meet the examination requirement established by rule.
392          (2) Each applicant for licensure as a barber instructor shall:
393          (a) submit an application in a form prescribed by the division;
394          (b) subject to Subsection (24), pay a fee determined by the department under Section
395     63J-1-504;
396          (c) provide satisfactory documentation that the applicant is currently licensed as a
397     barber;
398          (d) be of good moral character;
399          (e) provide satisfactory documentation of completion of:
400          (i) an instructor training program conducted by a licensed or recognized school, as
401     defined by rule, consisting of a minimum of 250 hours or the equivalent number of credit
402     hours;
403          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
404     recognized school, as defined by rule, consisting of a minimum of 250 hours or the equivalent
405     number of credit hours; or
406          (iii) a minimum of 2,000 hours of experience as a barber; and
407          (f) meet the examination requirement established by rule.
408          (3) Each applicant for licensure as a barber school shall:
409          (a) submit an application in a form prescribed by the division;
410          (b) pay a fee determined by the department under Section 63J-1-504; and
411          (c) provide satisfactory documentation:
412          (i) of appropriate registration with the Division of Corporations and Commercial Code;
413          (ii) of business licensure from the city, town, or county in which the school is located;
414          (iii) that the applicant's physical facilities comply with the requirements established by
415     rule; and
416          (iv) that the applicant meets:
417          (A) the standards for barber schools, including staff and accreditation requirements,
418     established by rule; and
419          (B) the requirements for recognition as an institution of postsecondary study as
420     described in Subsection [(19)] (22).
421          (4) Each applicant for licensure as a cosmetologist/barber 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;
424          (c) be of good moral character;
425          (d) provide satisfactory documentation of:
426          (i) graduation from a licensed or recognized cosmetology/barber school whose
427     curriculum consists of a minimum of 1,600 hours of instruction, or the equivalent number of
428     credit hours, with full flexibility within those hours;
429          (ii) (A) graduation from a recognized cosmetology/barber school located in a state
430     other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
431     equivalent number of credit hours, with full flexibility within those hours; and
432          (B) practice as a licensed cosmetologist/barber in a state other than Utah for not less
433     than the number of hours required to equal 1,600 total hours when added to the hours of
434     instruction described in Subsection (4)(d)(ii)(A); or
435          (iii) completion of an approved cosmetology/barber apprenticeship; and
436          (e) meet the examination requirement established by rule.
437          (5) Each applicant for licensure as a cosmetologist/barber instructor shall:
438          (a) submit an application in a form prescribed by the division;
439          (b) subject to Subsection (24), pay a fee determined by the department under Section
440     63J-1-504;
441          (c) provide satisfactory documentation that the applicant is currently licensed as a
442     cosmetologist/barber;
443          (d) be of good moral character;
444          (e) provide satisfactory documentation of completion of:
445          (i) an instructor training program conducted by a licensed or recognized school, as
446     defined by rule, consisting of a minimum of 400 hours or the equivalent number of credit
447     hours;
448          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
449     recognized school, as defined by rule, consisting of a minimum of 400 hours or the equivalent
450     number of credit hours; or
451          (iii) a minimum of 3,000 hours of experience as a cosmetologist/barber; and
452          (f) meet the examination requirement established by rule.
453          (6) Each applicant for licensure as a cosmetologist/barber school shall:
454          (a) submit an application in a form prescribed by the division;
455          (b) pay a fee determined by the department under Section 63J-1-504; and
456          (c) provide satisfactory documentation:
457          (i) of appropriate registration with the Division of Corporations and Commercial Code;
458          (ii) of business licensure from the city, town, or county in which the school is located;
459          (iii) that the applicant's physical facilities comply with the requirements established by
460     rule; and
461          (iv) that the applicant meets:
462          (A) the standards for cosmetology schools, including staff and accreditation
463     requirements, established by rule; and
464          (B) the requirements for recognition as an institution of postsecondary study as
465     described in Subsection [(19)] (22).
466          (7) Each applicant for licensure as an electrologist shall:
467          (a) submit an application in a form prescribed by the division;
468          (b) pay a fee determined by the department under Section 63J-1-504;
469          (c) be of good moral character;
470          (d) provide satisfactory documentation of having graduated from a licensed or
471     recognized electrology school after completing a curriculum of 600 hours of instruction or the
472     equivalent number of credit hours; and
473          (e) meet the examination requirement established by rule.
474          (8) Each applicant for licensure as an electrologist instructor shall:
475          (a) submit an application in a form prescribed by the division;
476          (b) subject to Subsection (24), pay a fee determined by the department under Section
477     63J-1-504;
478          (c) provide satisfactory documentation that the applicant is currently licensed as an
479     electrologist;
480          (d) be of good moral character;
481          (e) provide satisfactory documentation of completion of:
482          (i) an instructor training program conducted by a licensed or recognized school, as
483     defined by rule, consisting of a minimum of 150 hours or the equivalent number of credit
484     hours;
485          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
486     recognized school, as defined by rule, consisting of a minimum of 150 hours or the equivalent
487     number of credit hours; or
488          (iii) a minimum of 1,000 hours of experience as an electrologist; and
489          (f) meet the examination requirement established by rule.
490          (9) Each applicant for licensure as an electrologist school shall:
491          (a) submit an application in a form prescribed by the division;
492          (b) pay a fee determined by the department under Section 63J-1-504; and
493          (c) provide satisfactory documentation:
494          (i) of appropriate registration with the Division of Corporations and Commercial Code;
495          (ii) of business licensure from the city, town, or county in which the school is located;
496          (iii) that the applicant's facilities comply with the requirements established by rule; and
497          (iv) that the applicant meets:
498          (A) the standards for electrologist schools, including staff, curriculum, and
499     accreditation requirements, established by rule; and
500          (B) the requirements for recognition as an institution of postsecondary study as
501     described in Subsection [(19)] (22).
502          (10) Each applicant for licensure as an esthetician shall:
503          (a) submit an application in a form prescribed by the division;
504          (b) pay a fee determined by the department under Section 63J-1-504;
505          (c) be of good moral character;
506          (d) provide satisfactory documentation of one of the following:
507          (i) graduation from a licensed or recognized esthetic school or a licensed or recognized
508     cosmetology/barber school whose curriculum consists of not less than 15 weeks of esthetic
509     instruction with a minimum of 600 hours or the equivalent number of credit hours;
510          (ii) completion of an approved esthetician apprenticeship; or
511          (iii) (A) graduation from a recognized cosmetology/barber school located in a state
512     other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
513     equivalent number of credit hours, with full flexibility within those hours; and
514          (B) practice as a licensed cosmetologist/barber for not less than the number of hours
515     required to equal 1,600 total hours when added to the hours of instruction described in
516     Subsection (10)(d)(iii)(A); and
517          (e) meet the examination requirement established by division rule.
518          (11) Each applicant for licensure as a master esthetician shall:
519          (a) submit an application in a form prescribed by the division;
520          (b) pay a fee determined by the department under Section 63J-1-504;
521          (c) be of good moral character;
522          (d) provide satisfactory documentation of:
523          (i) completion of at least 1,200 hours of training, or the equivalent number of credit
524     hours, at a licensed or recognized esthetics school, except that up to 600 hours toward the
525     1,200 hours may have been completed:
526          (A) at a licensed or recognized cosmetology/barbering school, if the applicant
527     graduated from the school and its curriculum consisted of at least 1,600 hours of instruction, or
528     the equivalent number of credit hours, with full flexibility within those hours; or
529          (B) at a licensed or recognized cosmetology/barber school located in a state other than
530     Utah, if the applicant graduated from the school and its curriculum contained full flexibility
531     within its hours of instruction; or
532          (ii) completion of an approved master esthetician apprenticeship;
533          (e) if the applicant will practice lymphatic massage, provide satisfactory documentation
534     to show completion of 200 hours of training, or the equivalent number of credit hours, in
535     lymphatic massage as defined by division rule; and
536          (f) meet the examination requirement established by division rule.
537          (12) Each applicant for licensure as an esthetician instructor shall:
538          (a) submit an application in a form prescribed by the division;
539          (b) subject to Subsection (24), pay a fee determined by the department under Section
540     63J-1-504;
541          (c) provide satisfactory documentation that the applicant is currently licensed as a
542     master esthetician;
543          (d) be of good moral character;
544          (e) provide satisfactory documentation of completion of:
545          (i) an instructor training program conducted by a licensed or recognized school, as
546     defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
547     hours;
548          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
549     recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
550     number of credit hours; or
551          (iii) a minimum of 1,000 hours of experience in esthetics; and
552          (f) meet the examination requirement established by rule.
553          (13) Each applicant for licensure as an esthetics school shall:
554          (a) submit an application in a form prescribed by the division;
555          (b) pay a fee determined by the department under Section 63J-1-504; and
556          (c) provide satisfactory documentation:
557          (i) of appropriate registration with the Division of Corporations and Commercial Code;
558          (ii) of business licensure from the city, town, or county in which the school is located;
559          (iii) that the applicant's physical facilities comply with the requirements established by
560     rule; and
561          (iv) that the applicant meets:
562          (A) the standards for esthetics schools, including staff, curriculum, and accreditation
563     requirements, established by division rule made in collaboration with the board; and
564          (B) the requirements for recognition as an institution of postsecondary study as
565     described in Subsection [(19)] (22).
566          (14) Each applicant for licensure as a hair designer shall:
567          (a) submit an application in a form prescribed by the division;
568          (b) pay a fee determined by the department under Section 63J-1-504;
569          (c) be of good moral character;
570          (d) provide satisfactory documentation of:
571          (i) graduation from a licensed or recognized cosmetology/barber, hair design, or
572     barbering school whose curriculum consists of a minimum of 1,200 hours of instruction, or the
573     equivalent number of credit hours, with full flexibility within those hours;
574          (ii) (A) graduation from a recognized cosmetology/barber, hair design, or barbering
575     school located in a state other than Utah whose curriculum consists of less than 1,200 hours of
576     instruction, or the equivalent number of credit hours, with full flexibility within those hours;
577     and
578          (B) practice as a licensed cosmetologist/barber or hair designer in a state other than
579     Utah for not less than the number of hours required to equal 1,200 total hours when added to
580     the hours of instruction described in Subsection (14)(d)(ii)(A); or
581          (iii) being a state licensed cosmetologist/barber; and
582          (e) meet the examination requirements established by rule.
583          (15) Each applicant for licensure as a hair designer instructor shall:
584          (a) submit an application in a form prescribed by the division;
585          (b) subject to Subsection (24), pay a fee determined by the department under Section
586     63J-1-504;
587          (c) provide satisfactory documentation that the applicant is currently licensed as a hair
588     designer or as a cosmetologist/barber;
589          (d) be of good moral character;
590          (e) provide satisfactory documentation of completion of:
591          (i) an instructor training program conducted by a licensed or recognized school, as
592     defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
593     hours;
594          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
595     recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
596     number of credit hours; or
597          (iii) a minimum of 2,500 hours of experience as a hair designer or as a
598     cosmetologist/barber; and
599          (f) meet the examination requirement established by rule.
600          (16) Each applicant for licensure as a hair design school shall:
601          (a) submit an application in a form prescribed by the division;
602          (b) pay a fee determined by the department under Section 63J-1-504; and
603          (c) provide satisfactory documentation:
604          (i) of appropriate registration with the Division of Corporations and Commercial Code;
605          (ii) of business licensure from the city, town, or county in which the school is located;
606          (iii) that the applicant's physical facilities comply with the requirements established by
607     rule; and
608          (iv) that the applicant meets:
609          (A) the standards for a hair design school, including staff and accreditation
610     requirements, established by rule; and
611          (B) the requirements for recognition as an institution of postsecondary study as
612     described in Subsection (22).
613          [(14)] (17) Each applicant for licensure as a nail technician shall:
614          (a) submit an application in a form prescribed by the division;
615          (b) pay a fee determined by the department under Section 63J-1-504;
616          (c) be of good moral character;
617          (d) provide satisfactory documentation of:
618          (i) graduation from a licensed or recognized nail technology school, or a licensed or
619     recognized cosmetology/barber school, whose curriculum consists of not less than 300 hours of
620     instruction, or the equivalent number of credit hours;
621          (ii) (A) graduation from a recognized nail technology school located in a state other
622     than Utah whose curriculum consists of less than 300 hours of instruction or the equivalent
623     number of credit hours; and
624          (B) practice as a licensed nail technician in a state other than Utah for not less than the
625     number of hours required to equal 300 total hours when added to the hours of instruction
626     described in Subsection [(14)] (17)(d)(ii)(A); or
627          (iii) completion of an approved nail technician apprenticeship; and
628          (e) meet the examination requirement established by division rule.
629          [(15)] (18) Each applicant for licensure as a nail technician instructor shall:
630          (a) submit an application in a form prescribed by the division;
631          (b) subject to Subsection (24), pay a fee determined by the department under Section
632     63J-1-504;
633          (c) provide satisfactory documentation that the applicant is currently licensed as a nail
634     technician;
635          (d) be of good moral character;
636          (e) provide satisfactory documentation of completion of:
637          (i) an instructor training program conducted by a licensed or recognized school, as
638     defined by rule, consisting of a minimum of 75 hours or the equivalent number of credit hours;
639          (ii) an on-the-job instructor training program conducted by a licensed instructor at a
640     licensed or recognized school, as defined by rule, consisting of a minimum of 75 hours or the
641     equivalent number of credit hours; or
642          (iii) a minimum of 600 hours of experience in nail technology; and
643          (f) meet the examination requirement established by rule.
644          [(16)] (19) Each applicant for licensure as a nail technology school shall:
645          (a) submit an application in a form prescribed by the division;
646          (b) pay a fee determined by the department under Section 63J-1-504; and
647          (c) provide satisfactory documentation:
648          (i) of appropriate registration with the Division of Corporations and Commercial Code;
649          (ii) of business licensure from the city, town, or county in which the school is located;
650          (iii) that the applicant's facilities comply with the requirements established by rule; and
651          (iv) that the applicant meets:
652          (A) the standards for nail technology schools, including staff, curriculum, and
653     accreditation requirements, established by rule; and
654          (B) the requirements for recognition as an institution of postsecondary study as
655     described in Subsection [(19)] (22).
656          [(17)] (20) Each applicant for licensure under this chapter whose education in the field
657     for which a license is sought was completed at a foreign school may satisfy the educational
658     requirement for licensure by demonstrating, to the satisfaction of the division, the educational
659     equivalency of the foreign school education with a licensed school under this chapter.
660          [(18)] (21) (a) A licensed or recognized school under this section Ĥ→ [may] shall ←Ĥ
660a     accept credit
661     hours towards graduation Ĥ→ for documented, relevant, and substantially equivalent
661a     coursework previously completed by:
661b          (i) a student that did not complete the student's education while attending a different
661c     school; or
661d          (ii) a licensee of any other profession listed in this section, based on the licensee's
661e     schooling, apprenticeship, or experience. [for any profession listed in this section.] ←Ĥ
662          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
663     consistent with this section, the division may make rules governing the acceptance of credit
664     hours under Subsection [(18)] (21)(a).
665          [(19)] (22) A school licensed or applying for licensure under this chapter shall maintain
666     recognition as an institution of postsecondary study by meeting the following conditions:
667          (a) the school shall admit as a regular student only an individual who has earned a
668     recognized high school diploma or the equivalent of a recognized high school diploma, or who
669     is beyond the age of compulsory high school attendance as prescribed by Title 53A, Chapter
670     11, Students in Public Schools; and
671          (b) the school shall be licensed by name, or in the case of an applicant, shall apply for
672     licensure by name, under this chapter to offer one or more training programs beyond the
673     secondary level.
674          [(20)] (23) A person seeking to qualify for licensure under this chapter by apprenticing
675     in an approved apprenticeship shall register with the division as described in Section
676     58-11a-306.
677          (24) The department may only charge a fee to a person applying for licensure as any
678     type of instructor under this chapter if the person is not a licensed instructor in any other
679     profession under this chapter.




Legislative Review Note
Office of Legislative Research and General Counsel