This document includes House Floor Amendments incorporated into the bill on Mon, Feb 5, 2018 at 12:44 PM by lerror.
1     
COSMETOLOGY AND ASSOCIATED PROFESSIONS

2     
AMENDMENTS

3     
2018 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Karen Kwan

6     
Senate Sponsor: Curtis S. Bramble

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions related to cosmetology and associated professions.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows the Division of Occupational and Professional Licensing to offer required
14     examinations for cosmetology and related professions in languages in addition to
15     English.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          58-11a-302, as last amended by Laws of Utah 2017, Chapter 342
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 58-11a-302 is amended to read:
26          58-11a-302. Qualifications for licensure.
27          (1) Each applicant for licensure as a barber shall:

28          (a) submit an application in a form prescribed by the division;
29          (b) pay a fee determined by the department under Section 63J-1-504;
30          (c) be of good moral character;
31          (d) provide satisfactory documentation of:
32          (i) graduation from a licensed or recognized barber school, or a licensed or recognized
33     cosmetology/barber school, whose curriculum consists of a minimum of 1,000 hours of
34     instruction, or the equivalent number of credit hours, over a period of not less than 25 weeks;
35          (ii) (A) graduation from a recognized barber school located in a state other than Utah
36     whose curriculum consists of less than 1,000 hours of instruction or the equivalent number of
37     credit hours; and
38          (B) practice as a licensed barber in a state other than Utah for not less than the number
39     of hours required to equal 1,000 total hours when added to the hours of instruction described in
40     Subsection (1)(d)(ii)(A); or
41          (iii) completion of an approved barber apprenticeship; and
42          (e) meet the examination requirement established by rule.
43          (2) Each applicant for licensure as a barber instructor shall:
44          (a) submit an application in a form prescribed by the division;
45          (b) subject to Subsection (24), pay a fee determined by the department under Section
46     63J-1-504;
47          (c) provide satisfactory documentation that the applicant is currently licensed as a
48     barber;
49          (d) be of good moral character;
50          (e) provide satisfactory documentation of completion of:
51          (i) an instructor training program conducted by a licensed or recognized school, as
52     defined by rule, consisting of a minimum of 250 hours or the equivalent number of credit
53     hours;
54          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
55     recognized school, as defined by rule, consisting of a minimum of 250 hours or the equivalent
56     number of credit hours; or
57          (iii) a minimum of 2,000 hours of experience as a barber; and
58          (f) meet the examination requirement established by rule.

59          (3) Each applicant for licensure as a barber school shall:
60          (a) submit an application in a form prescribed by the division;
61          (b) pay a fee determined by the department under Section 63J-1-504; and
62          (c) provide satisfactory documentation:
63          (i) of appropriate registration with the Division of Corporations and Commercial Code;
64          (ii) of business licensure from the city, town, or county in which the school is located;
65          (iii) that the applicant's physical facilities comply with the requirements established by
66     rule; and
67          (iv) that the applicant meets:
68          (A) the standards for barber schools, including staff and accreditation requirements,
69     established by rule; and
70          (B) the requirements for recognition as an institution of postsecondary study as
71     described in Subsection (22).
72          (4) Each applicant for licensure as a cosmetologist/barber shall:
73          (a) submit an application in a form prescribed by the division;
74          (b) pay a fee determined by the department under Section 63J-1-504;
75          (c) be of good moral character;
76          (d) provide satisfactory documentation of:
77          (i) graduation from a licensed or recognized cosmetology/barber school whose
78     curriculum consists of a minimum of 1,600 hours of instruction, or the equivalent number of
79     credit hours, with full flexibility within those hours;
80          (ii) (A) graduation from a recognized cosmetology/barber school located in a state
81     other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
82     equivalent number of credit hours, with full flexibility within those hours; and
83          (B) practice as a licensed cosmetologist/barber in a state other than Utah for not less
84     than the number of hours required to equal 1,600 total hours when added to the hours of
85     instruction described in Subsection (4)(d)(ii)(A); or
86          (iii) completion of an approved cosmetology/barber apprenticeship; and
87          (e) meet the examination requirement established by rule.
88          (5) Each applicant for licensure as a cosmetologist/barber instructor shall:
89          (a) submit an application in a form prescribed by the division;

90          (b) subject to Subsection (24), pay a fee determined by the department under Section
91     63J-1-504;
92          (c) provide satisfactory documentation that the applicant is currently licensed as a
93     cosmetologist/barber;
94          (d) be of good moral character;
95          (e) provide satisfactory documentation of completion of:
96          (i) an instructor training program conducted by a licensed or recognized school, as
97     defined by rule, consisting of a minimum of 400 hours or the equivalent number of credit
98     hours;
99          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
100     recognized school, as defined by rule, consisting of a minimum of 400 hours or the equivalent
101     number of credit hours; or
102          (iii) a minimum of 3,000 hours of experience as a cosmetologist/barber; and
103          (f) meet the examination requirement established by rule.
104          (6) Each applicant for licensure as a cosmetologist/barber school shall:
105          (a) submit an application in a form prescribed by the division;
106          (b) pay a fee determined by the department under Section 63J-1-504; and
107          (c) provide satisfactory documentation:
108          (i) of appropriate registration with the Division of Corporations and Commercial Code;
109          (ii) of business licensure from the city, town, or county in which the school is located;
110          (iii) that the applicant's physical facilities comply with the requirements established by
111     rule; and
112          (iv) that the applicant meets:
113          (A) the standards for cosmetology schools, including staff and accreditation
114     requirements, established by rule; and
115          (B) the requirements for recognition as an institution of postsecondary study as
116     described in Subsection (22).
117          (7) Each applicant for licensure as an electrologist shall:
118          (a) submit an application in a form prescribed by the division;
119          (b) pay a fee determined by the department under Section 63J-1-504;
120          (c) be of good moral character;

121          (d) provide satisfactory documentation of having graduated from a licensed or
122     recognized electrology school after completing a curriculum of 600 hours of instruction or the
123     equivalent number of credit hours; and
124          (e) meet the examination requirement established by rule.
125          (8) Each applicant for licensure as an electrologist instructor shall:
126          (a) submit an application in a form prescribed by the division;
127          (b) subject to Subsection (24), pay a fee determined by the department under Section
128     63J-1-504;
129          (c) provide satisfactory documentation that the applicant is currently licensed as an
130     electrologist;
131          (d) be of good moral character;
132          (e) provide satisfactory documentation of completion of:
133          (i) an instructor training program conducted by a licensed or recognized school, as
134     defined by rule, consisting of a minimum of 150 hours or the equivalent number of credit
135     hours;
136          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
137     recognized school, as defined by rule, consisting of a minimum of 150 hours or the equivalent
138     number of credit hours; or
139          (iii) a minimum of 1,000 hours of experience as an electrologist; and
140          (f) meet the examination requirement established by rule.
141          (9) Each applicant for licensure as an electrologist school shall:
142          (a) submit an application in a form prescribed by the division;
143          (b) pay a fee determined by the department under Section 63J-1-504; and
144          (c) provide satisfactory documentation:
145          (i) of appropriate registration with the Division of Corporations and Commercial Code;
146          (ii) of business licensure from the city, town, or county in which the school is located;
147          (iii) that the applicant's facilities comply with the requirements established by rule; and
148          (iv) that the applicant meets:
149          (A) the standards for electrologist schools, including staff, curriculum, and
150     accreditation requirements, established by rule; and
151          (B) the requirements for recognition as an institution of postsecondary study as

152     described in Subsection (22).
153          (10) Each applicant for licensure as an esthetician shall:
154          (a) submit an application in a form prescribed by the division;
155          (b) pay a fee determined by the department under Section 63J-1-504;
156          (c) be of good moral character;
157          (d) provide satisfactory documentation of one of the following:
158          (i) graduation from a licensed or recognized esthetic school or a licensed or recognized
159     cosmetology/barber school whose curriculum consists of not less than 15 weeks of esthetic
160     instruction with a minimum of 600 hours or the equivalent number of credit hours;
161          (ii) completion of an approved esthetician apprenticeship; or
162          (iii) (A) graduation from a recognized cosmetology/barber school located in a state
163     other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
164     equivalent number of credit hours, with full flexibility within those hours; and
165          (B) practice as a licensed cosmetologist/barber for not less than the number of hours
166     required to equal 1,600 total hours when added to the hours of instruction described in
167     Subsection (10)(d)(iii)(A); and
168          (e) meet the examination requirement established by division rule.
169          (11) Each applicant for licensure as a master esthetician shall:
170          (a) submit an application in a form prescribed by the division;
171          (b) pay a fee determined by the department under Section 63J-1-504;
172          (c) be of good moral character;
173          (d) provide satisfactory documentation of:
174          (i) completion of at least 1,200 hours of training, or the equivalent number of credit
175     hours, at a licensed or recognized esthetics school, except that up to 600 hours toward the
176     1,200 hours may have been completed:
177          (A) at a licensed or recognized cosmetology/barbering school, if the applicant
178     graduated from the school and its curriculum consisted of at least 1,600 hours of instruction, or
179     the equivalent number of credit hours, with full flexibility within those hours; or
180          (B) at a licensed or recognized cosmetology/barber school located in a state other than
181     Utah, if the applicant graduated from the school and its curriculum contained full flexibility
182     within its hours of instruction; or

183          (ii) completion of an approved master esthetician apprenticeship;
184          (e) if the applicant will practice lymphatic massage, provide satisfactory documentation
185     to show completion of 200 hours of training, or the equivalent number of credit hours, in
186     lymphatic massage as defined by division rule; and
187          (f) meet the examination requirement established by division rule.
188          (12) Each applicant for licensure as an esthetician instructor shall:
189          (a) submit an application in a form prescribed by the division;
190          (b) subject to Subsection (24), pay a fee determined by the department under Section
191     63J-1-504;
192          (c) provide satisfactory documentation that the applicant is currently licensed as a
193     master esthetician;
194          (d) be of good moral character;
195          (e) provide satisfactory documentation of completion of:
196          (i) an instructor training program conducted by a licensed or recognized school, as
197     defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
198     hours;
199          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
200     recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
201     number of credit hours; or
202          (iii) a minimum of 1,000 hours of experience in esthetics; and
203          (f) meet the examination requirement established by rule.
204          (13) Each applicant for licensure as an esthetics school shall:
205          (a) submit an application in a form prescribed by the division;
206          (b) pay a fee determined by the department under Section 63J-1-504; and
207          (c) provide satisfactory documentation:
208          (i) of appropriate registration with the Division of Corporations and Commercial Code;
209          (ii) of business licensure from the city, town, or county in which the school is located;
210          (iii) that the applicant's physical facilities comply with the requirements established by
211     rule; and
212          (iv) that the applicant meets:
213          (A) the standards for esthetics schools, including staff, curriculum, and accreditation

214     requirements, established by division rule made in collaboration with the board; and
215          (B) the requirements for recognition as an institution of postsecondary study as
216     described in Subsection (22).
217          (14) Each applicant for licensure as a hair designer shall:
218          (a) submit an application in a form prescribed by the division;
219          (b) pay a fee determined by the department under Section 63J-1-504;
220          (c) be of good moral character;
221          (d) provide satisfactory documentation of:
222          (i) graduation from a licensed or recognized cosmetology/barber, hair design, or
223     barbering school whose curriculum consists of a minimum of 1,200 hours of instruction, or the
224     equivalent number of credit hours, with full flexibility within those hours;
225          (ii) (A) graduation from a recognized cosmetology/barber, hair design, or barbering
226     school located in a state other than Utah whose curriculum consists of less than 1,200 hours of
227     instruction, or the equivalent number of credit hours, with full flexibility within those hours;
228     and
229          (B) practice as a licensed cosmetologist/barber or hair designer in a state other than
230     Utah for not less than the number of hours required to equal 1,200 total hours when added to
231     the hours of instruction described in Subsection (14)(d)(ii)(A); or
232          (iii) being a state licensed cosmetologist/barber; and
233          (e) meet the examination requirements established by rule.
234          (15) Each applicant for licensure as a hair designer instructor shall:
235          (a) submit an application in a form prescribed by the division;
236          (b) subject to Subsection (24), pay a fee determined by the department under Section
237     63J-1-504;
238          (c) provide satisfactory documentation that the applicant is currently licensed as a hair
239     designer or as a cosmetologist/barber;
240          (d) be of good moral character;
241          (e) provide satisfactory documentation of completion of:
242          (i) an instructor training program conducted by a licensed or recognized school, as
243     defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
244     hours;

245          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
246     recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
247     number of credit hours; or
248          (iii) a minimum of 2,500 hours of experience as a hair designer or as a
249     cosmetologist/barber; and
250          (f) meet the examination requirement established by rule.
251          (16) Each applicant for licensure as a hair design school shall:
252          (a) submit an application in a form prescribed by the division;
253          (b) pay a fee determined by the department under Section 63J-1-504; and
254          (c) provide satisfactory documentation:
255          (i) of appropriate registration with the Division of Corporations and Commercial Code;
256          (ii) of business licensure from the city, town, or county in which the school is located;
257          (iii) that the applicant's physical facilities comply with the requirements established by
258     rule; and
259          (iv) that the applicant meets:
260          (A) the standards for a hair design school, including staff and accreditation
261     requirements, established by rule; and
262          (B) the requirements for recognition as an institution of postsecondary study as
263     described in Subsection (22).
264          (17) Each applicant for licensure as a nail technician shall:
265          (a) submit an application in a form prescribed by the division;
266          (b) pay a fee determined by the department under Section 63J-1-504;
267          (c) be of good moral character;
268          (d) provide satisfactory documentation of:
269          (i) graduation from a licensed or recognized nail technology school, or a licensed or
270     recognized cosmetology/barber school, whose curriculum consists of not less than 300 hours of
271     instruction, or the equivalent number of credit hours;
272          (ii) (A) graduation from a recognized nail technology school located in a state other
273     than Utah whose curriculum consists of less than 300 hours of instruction or the equivalent
274     number of credit hours; and
275          (B) practice as a licensed nail technician in a state other than Utah for not less than the

276     number of hours required to equal 300 total hours when added to the hours of instruction
277     described in Subsection (17)(d)(ii)(A); or
278          (iii) completion of an approved nail technician apprenticeship; and
279          (e) meet the examination requirement established by division rule.
280          (18) Each applicant for licensure as a nail technician instructor shall:
281          (a) submit an application in a form prescribed by the division;
282          (b) subject to Subsection (24), pay a fee determined by the department under Section
283     63J-1-504;
284          (c) provide satisfactory documentation that the applicant is currently licensed as a nail
285     technician;
286          (d) be of good moral character;
287          (e) provide satisfactory documentation of completion of:
288          (i) an instructor training program conducted by a licensed or recognized school, as
289     defined by rule, consisting of a minimum of 75 hours or the equivalent number of credit hours;
290          (ii) an on-the-job instructor training program conducted by a licensed instructor at a
291     licensed or recognized school, as defined by rule, consisting of a minimum of 75 hours or the
292     equivalent number of credit hours; or
293          (iii) a minimum of 600 hours of experience in nail technology; and
294          (f) meet the examination requirement established by rule.
295          (19) Each applicant for licensure as a nail technology school shall:
296          (a) submit an application in a form prescribed by the division;
297          (b) pay a fee determined by the department under Section 63J-1-504; and
298          (c) provide satisfactory documentation:
299          (i) of appropriate registration with the Division of Corporations and Commercial Code;
300          (ii) of business licensure from the city, town, or county in which the school is located;
301          (iii) that the applicant's facilities comply with the requirements established by rule; and
302          (iv) that the applicant meets:
303          (A) the standards for nail technology schools, including staff, curriculum, and
304     accreditation requirements, established by rule; and
305          (B) the requirements for recognition as an institution of postsecondary study as
306     described in Subsection (22).

307          (20) Each applicant for licensure under this chapter whose education in the field for
308     which a license is sought was completed at a foreign school may satisfy the educational
309     requirement for licensure by demonstrating, to the satisfaction of the division, the educational
310     equivalency of the foreign school education with a licensed school under this chapter.
311          (21) (a) A licensed or recognized school under this section shall accept credit hours
312     towards graduation for documented, relevant, and substantially equivalent coursework
313     previously completed by:
314          (i) a student that did not complete the student's education while attending a different
315     school; or
316          (ii) a licensee of any other profession listed in this section, based on the licensee's
317     schooling, apprenticeship, or experience.
318          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
319     consistent with this section, the division may make rules governing the acceptance of credit
320     hours under Subsection (21)(a).
321          (22) A school licensed or applying for licensure under this chapter shall maintain
322     recognition as an institution of postsecondary study by meeting the following conditions:
323          (a) the school shall admit as a regular student only an individual who has earned a
324     recognized high school diploma or the equivalent of a recognized high school diploma, or who
325     is beyond the age of compulsory high school attendance as prescribed by Title 53A, Chapter
326     11, Students in Public Schools; and
327          (b) the school shall be licensed by name, or in the case of an applicant, shall apply for
328     licensure by name, under this chapter to offer one or more training programs beyond the
329     secondary level.
330          (23) A person seeking to qualify for licensure under this chapter by apprenticing in an
331     approved apprenticeship shall register with the division as described in Section 58-11a-306.
332          (24) The department may only charge a fee to a person applying for licensure as any
333     type of instructor under this chapter if the person is not a licensed instructor in any other
334     profession under this chapter.
335          (25) In order to encourage economic development in the state in accordance with
336     Subsection Ĥ→ [
63G-1-301(4)(e)] 63G-1-201(4)(e) ←Ĥ , the department may offer any
336a     required examination under this
337     section, which is prepared by a national testing organization, in languages in addition to

338     English.






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