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7 LONG TITLE
8 General Description:
9 This bill modifies the Barber, Cosmetologist/Barber, Esthetician, Electrologist, and
10 Nail Technician Licensing Act (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 Professional 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
38
39 58-11a-101. Title.
40 This chapter is known as the [
41
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 [
67
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 [
87
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 [
122 cosmetology/barber school licensed under this chapter.
123 [
124 this chapter.
125 [
126 chapter.
127 (24) "Licensed hair design school" means a hair design school licensed under this
128 chapter.
129 [
130 under this chapter.
131 [
132 to engage in the practice of master-level esthetics.
133 [
134 engage in the practice of nail technology.
135 [
136 chapter to engage in the practice of nail technology instruction.
137 [
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 [
143 at a licensed barber school, at a licensed cosmetology/barber school, or for an approved barber
144 apprenticeship.
145 [
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 [
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 [
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 [
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 [
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 [
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 [
197 electrology at a licensed electrology school.
198 [
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 [
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 [
240 esthetician may perform procedures listed in Subsection [
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 [
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 [
250 technology at a licensed nail technician school, at a licensed cosmetology/barber school, or for
251 an approved nail technician apprenticeship.
252 [
253 than Utah, whose students, upon graduation, are recognized as having completed the
254 educational requirements for licensure in that state.
255 [
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 [
259 state other than Utah, whose students, upon graduation, are recognized as having completed the
260 educational requirements for licensure in that state.
261 [
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 [
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 [
271 cosmetology/barbering, esthetics, electrology, or nail technology is practiced.
272 [
273 [
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 [
279
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 [
299
300 the following nine members [
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 [
343 [
344 (b) operate:
345 (i) a barbering school;
346 (ii) a cosmetology/barbering school;
347 (iii) an electrology school;
348 (iv) an esthetics school; [
349 (v) a hair design school; or
350 [
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 [
370 [
371 [
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 [
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 [
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 [
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 [
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 [
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 [
627 (iii) completion of an approved nail technician apprenticeship; and
628 (e) meet the examination requirement established by division rule.
629 [
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 [
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 [
656 [
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 [
661 credit hours towards graduation [
662 relevant, and substantially equivalent coursework previously completed by:
663 (i) a student that did not complete the student's education while attending a different
664 school; or
665 (ii) a licensee of any other profession listed in this section, based on the licensee's
666 schooling, apprenticeship, or experience.
667 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
668 consistent with this section, the division may make rules governing the acceptance of credit
669 hours under Subsection [
670 [
671 recognition as an institution of postsecondary study by meeting the following conditions:
672 (a) the school shall admit as a regular student only an individual who has earned a
673 recognized high school diploma or the equivalent of a recognized high school diploma, or who
674 is beyond the age of compulsory high school attendance as prescribed by Title 53A, Chapter
675 11, Students in Public Schools; and
676 (b) the school shall be licensed by name, or in the case of an applicant, shall apply for
677 licensure by name, under this chapter to offer one or more training programs beyond the
678 secondary level.
679 [
680 in an approved apprenticeship shall register with the division as described in Section
681 58-11a-306.
682 (24) The department may only charge a fee to a person applying for licensure as any
683 type of instructor under this chapter if the person is not a licensed instructor in any other
684 profession under this chapter.