Representative Marc K. Roberts proposes the following substitute bill:


1     
LICENSING AND PRACTICE ACTS AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marc K. Roberts

5     
Senate Sponsor: Wayne A. Harper

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions of the Cosmetology and Associated Professions Licensing
10     Act and exemptions from licensure in the Massage Therapy Practice Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies the requirements for an approved apprenticeship program under the
14     cosmetology act;
15          ▸     exempts a bowenwork practitioner from being required to be licensed as a massage
16     therapist;
17          ▸     amends provisions related to reflexology and foot zone therapy; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          58-11a-102, as last amended by Laws of Utah 2017, Chapters 215 and 342
26          58-11a-306, as last amended by Laws of Utah 2016, Chapter 274
27          58-47b-304, as last amended by Laws of Utah 2014, Chapters 330, 348 and last
28     amended by Coordination Clause, Laws of Utah 2014, Chapter 330
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 58-11a-102 is amended to read:
32          58-11a-102. Definitions.
33          As used in this chapter:
34          (1) "Approved barber or cosmetologist/barber apprenticeship" means an apprenticeship
35     that meets the requirements of Subsection 58-11a-306(1) for barbers or Subsection
36     58-11a-306(2) for cosmetologist/barbers and the requirements established by rule by the
37     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
38     Administrative Rulemaking Act.
39          (2) "Approved esthetician apprenticeship" means an apprenticeship that meets the
40     requirements of Subsection 58-11a-306(3) and the requirements established by rule by the
41     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
42     Administrative Rulemaking Act.
43          (3) "Approved hair designer apprenticeship" means an apprenticeship that meets the
44     requirements of Subsection 58-11a-306(4) and the requirements established by rule by the
45     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
46     Administrative Rulemaking Act.
47          [(3)] (4) "Approved master esthetician apprenticeship" means an apprenticeship that
48     meets the requirements of Subsection 58-11a-306[(4)](5) and the requirements established by
49     rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3,
50     Utah Administrative Rulemaking Act.
51          [(4)] (5) "Approved nail technician apprenticeship" means an apprenticeship that meets
52     the requirements of Subsection 58-11a-306[(5)](6) and the requirements established by rule by
53     the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
54     Administrative Rulemaking Act.
55          [(5)] (6) "Barber" means a person who is licensed under this chapter to engage in the
56     practice of barbering.
57          [(6)] (7) "Barber instructor" means a barber who is licensed under this chapter to
58     engage in the practice of barbering instruction.
59          [(7)] (8) "Board" means the Cosmetology and Associated Professions Licensing Board
60     created in Section 58-11a-201.
61          [(8)] (9) "Cosmetic laser procedure" includes a nonablative procedure as defined in
62     Section 58-67-102.
63          [(9)] (10) "Cosmetic supervisor" means a supervisor as defined in Section 58-1-505.
64          [(10)] (11) "Cosmetologist/barber" means a person who is licensed under this chapter
65     to engage in the practice of cosmetology/barbering.
66          [(11)] (12) "Cosmetologist/barber instructor" means a cosmetologist/barber who is
67     licensed under this chapter to engage in the practice of cosmetology/barbering instruction.
68          [(12)] (13) "Direct supervision" means that the supervisor of an apprentice or the
69     instructor of a student is immediately available for consultation, advice, instruction, and
70     evaluation.
71          [(13)] (14) "Electrologist" means a person who is licensed under this chapter to engage
72     in the practice of electrology.
73          [(14)] (15) "Electrologist instructor" means an electrologist who is licensed under this
74     chapter to engage in the practice of electrology instruction.
75          [(15)] (16) "Esthetician" means a person who is licensed under this chapter to engage
76     in the practice of esthetics.
77          [(16)] (17) "Esthetician instructor" means a master esthetician who is licensed under
78     this chapter to engage in the practice of esthetics instruction.
79          [(17)] (18) "Fund" means the Cosmetology and Associated Professions Education and
80     Enforcement Fund created in Section 58-11a-103.
81          [(18)] (19) (a) "Hair braiding" means the twisting, weaving, or interweaving of a
82     person's natural human hair.
83          (b) "Hair braiding" includes the following methods or styles:
84          (i) African-style braiding;
85          (ii) box braids;
86          (iii) cornrows;
87          (iv) dreadlocks;
88          (v) french braids;
89          (vi) invisible braids;
90          (vii) micro braids;
91          (viii) single braids;
92          (ix) single plaits;
93          (x) twists;
94          (xi) visible braids;
95          (xii) the use of lock braids; and
96          (xiii) the use of decorative beads, accessories, and nonhair extensions.
97          (c) "Hair braiding" does not include:
98          (i) the use of:
99          (A) wefts;
100          (B) synthetic tape;
101          (C) synthetic glue;
102          (D) keratin bonds;
103          (E) fusion bonds; or
104          (F) heat tools;
105          (ii) the cutting of human hair; or
106          (iii) the application of heat, dye, a reactive chemical, or other preparation to:
107          (A) alter the color of the hair; or
108          (B) straighten, curl, or alter the structure of the hair.
109          [(19)] (20) "Hair designer" means a person who is licensed under this chapter to
110     engage in the practice of hair design.
111          [(20)] (21) "Hair designer instructor" means a hair designer who is licensed under this
112     chapter to engage in the practice of hair design instruction.
113          [(21)] (22) "Licensed barber or cosmetology/barber school" means a barber or
114     cosmetology/barber school licensed under this chapter.
115          [(22)] (23) "Licensed electrology school" means an electrology school licensed under
116     this chapter.
117          [(23)] (24) "Licensed esthetics school" means an esthetics school licensed under this
118     chapter.
119          [(24)] (25) "Licensed hair design school" means a hair design school licensed under
120     this chapter.
121          [(25)] (26) "Licensed nail technology school" means a nail technology school licensed
122     under this chapter.
123          [(26)] (27) "Master esthetician" means an individual who is licensed under this chapter
124     to engage in the practice of master-level esthetics.
125          [(27)] (28) "Nail technician" means an individual who is licensed under this chapter to
126     engage in the practice of nail technology.
127          [(28)] (29) "Nail technician instructor" means a nail technician licensed under this
128     chapter to engage in the practice of nail technology instruction.
129          [(29)] (30) "Practice of barbering" means:
130          (a) cutting, clipping, or trimming the hair of the head of any person by the use of
131     scissors, shears, clippers, or other appliances;
132          (b) draping, shampooing, scalp treatments, basic wet styling, and blow drying;
133          (c) removing hair from the face or neck of a person by the use of shaving equipment;
134     and
135          (d) when providing other services described in this Subsection [(29)] (30), gently
136     massaging the head, back of the neck, and shoulders by manual or mechanical means.
137          [(30)] (31) "Practice of barbering instruction" means teaching the practice of barbering
138     at a licensed barber school, at a licensed cosmetology/barber school, or for an approved barber
139     apprenticeship.
140          [(31)] (32) "Practice of basic esthetics" means any one of the following skin care
141     procedures done on the body for cosmetic purposes and not for the treatment of medical,
142     physical, or mental ailments:
143          (a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or
144     masks, manual extraction, including a comedone extractor, depilatories, waxes, tweezing, the
145     application of eyelash or eyebrow extensions, natural nail manicures or pedicures, or callous
146     removal by buffing or filing;
147          (b) limited chemical exfoliation as defined by rule;
148          (c) removing superfluous hair by means other than electrolysis, except that an
149     individual is not required to be licensed as an esthetician to engage in the practice of threading;
150          (d) other esthetic preparations or procedures with the use of the hands, a
151     high-frequency or galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not
152     for the treatment of medical, physical, or mental ailments;
153          (e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, or applying
154     eyelash or eyebrow extensions; or
155          (f) except as provided in Subsection [(31)] (32)(f)(i), cosmetic laser procedures under
156     the direct cosmetic medical procedure supervision of a cosmetic supervisor limited to the
157     following:
158          (i) superfluous hair removal which shall be under indirect supervision;
159          (ii) anti-aging resurfacing enhancements;
160          (iii) photo rejuvenation; or
161          (iv) tattoo removal.
162          [(32)] (33) (a) "Practice of cosmetology/barbering" means:
163          (i) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
164     singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
165     person;
166          (ii) cutting, clipping, or trimming the hair by the use of scissors, shears, clippers, or
167     other appliances;
168          (iii) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, applying
169     eyelash or eyebrow extensions;
170          (iv) removing hair from the body of a person by the use of depilatories, waxing, or
171     shaving equipment;
172          (v) cutting, curling, styling, fitting, measuring, or forming caps for wigs or hairpieces
173     or both on the human head; or
174          (vi) practicing hair weaving or hair fusing or servicing previously medically implanted
175     hair.
176          (b) The term "practice of cosmetology/barbering" includes:
177          (i) the practice of barbering;
178          (ii) the practice of basic esthetics; and
179          (iii) the practice of nail technology.
180          (c) An individual is not required to be licensed as a cosmetologist/barber to engage in
181     the practice of threading.
182          [(33)] (34) "Practice of cosmetology/barbering instruction" means teaching the practice
183     of cosmetology/barbering:
184          (a) at a licensed cosmetology/barber school, a licensed barber school, or a licensed nail
185     technology school; or
186          (b) for an approved cosmetologist/barber apprenticeship.
187          [(34)] (35) "Practice of electrology" means:
188          (a) the removal of superfluous hair from the body of a person by the use of electricity,
189     waxing, shaving, or tweezing; or
190          (b) cosmetic laser procedures under the supervision of a cosmetic supervisor limited to
191     superfluous hair removal.
192          [(35)] (36) "Practice of electrology instruction" means teaching the practice of
193     electrology at a licensed electrology school.
194          [(36)] (37) "Practice of esthetics instruction" means teaching the practice of basic
195     esthetics or the practice of master-level esthetics:
196          (a) at a licensed esthetics school or a licensed cosmetology/barber school; or
197          (b) for an approved esthetician apprenticeship or an approved master esthetician
198     apprenticeship.
199          [(37)] (38) "Practice of hair design" means:
200          (a) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
201     singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
202     person;
203          (b) barbering, cutting, clipping, shaving, or trimming the hair by the use of scissors,
204     shears, clippers, or other appliances;
205          (c) cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or
206     both on the human head; or
207          (d) practicing hair weaving, hair fusing, or servicing previously medically implanted
208     hair.
209          [(38)] (39) "Practice of hair design instruction" means teaching the practice of hair
210     design at a licensed cosmetology/barber school, a licensed hair design school, or a licensed
211     barber school.
212          [(39)] (40) (a) "Practice of master-level esthetics" means:
213          (i) any of the following when done for cosmetic purposes on the body and not for the
214     treatment of medical, physical, or mental ailments:
215          (A) body wraps as defined by rule;
216          (B) hydrotherapy as defined by rule;
217          (C) chemical exfoliation as defined by rule;
218          (D) advanced pedicures as defined by rule;
219          (E) sanding, including microdermabrasion;
220          (F) advanced extraction;
221          (G) other esthetic preparations or procedures with the use of:
222          (I) the hands; or
223          (II) a mechanical or electrical apparatus which is approved for use by division rule for
224     beautifying or similar work performed on the body for cosmetic purposes and not for the
225     treatment of a medical, physical, or mental ailment; or
226          (H) cosmetic laser procedures under the supervision of a cosmetic supervisor with a
227     physician's evaluation before the procedure, as needed, unless specifically required under
228     Section 58-1-506, and limited to the following:
229          (I) superfluous hair removal;
230          (II) anti-aging resurfacing enhancements;
231          (III) photo rejuvenation; or
232          (IV) tattoo removal with a physician's, advanced practice nurse's, or physician
233     assistant's evaluation before the tattoo removal procedure, as required by Subsection
234     58-1-506(3)(a); and
235          (ii) lymphatic massage by manual or other means as defined by rule.
236          (b) Notwithstanding the provisions of Subsection [(39)] (40)(a), a master-level
237     esthetician may perform procedures listed in Subsection [(39)] (40)(a)(i)(H) if done under the
238     supervision of a cosmetic supervisor acting within the scope of the cosmetic supervisor license.
239          (c) The term "practice of master-level esthetics" includes the practice of esthetics, but
240     an individual is not required to be licensed as an esthetician or master-level esthetician to
241     engage in the practice of threading.
242          [(40)] (41) "Practice of nail technology" means to trim, cut, clean, manicure, shape,
243     massage, or enhance the appearance of the hands, feet, and nails of an individual by the use of
244     hands, mechanical, or electrical preparation, antiseptic, lotions, or creams, including the
245     application and removal of sculptured or artificial nails.
246          [(41)] (42) "Practice of nail technology instruction" means teaching the practice of nail
247     technology at a licensed nail technician school, at a licensed cosmetology/barber school, or for
248     an approved nail technician apprenticeship.
249          [(42)] (43) "Recognized barber school" means a barber school located in a state other
250     than Utah, whose students, upon graduation, are recognized as having completed the
251     educational requirements for licensure in that state.
252          [(43)] (44) "Recognized cosmetology/barber school" means a cosmetology/barber
253     school located in a state other than Utah, whose students, upon graduation, are recognized as
254     having completed the educational requirements for licensure in that state.
255          [(44)] (45) "Recognized electrology school" means an electrology school located in a
256     state other than Utah, whose students, upon graduation, are recognized as having completed the
257     educational requirements for licensure in that state.
258          [(45)] (46) "Recognized esthetics school" means an esthetics school located in a state
259     other than Utah, whose students, upon graduation, are recognized as having completed the
260     educational requirements for licensure in that state.
261          [(46)] (47) "Recognized hair design school" means a hair design school located in a
262     state other than Utah, whose students, upon graduation, are recognized as having completed the
263     educational requirements for licensure in that state.
264          [(47)] (48) "Recognized nail technology school" means a nail technology school
265     located in a state other than Utah, whose students, upon graduation, are recognized as having
266     completed the educational requirements for licensure in that state.
267          [(48)] (49) "Salon" means a place, shop, or establishment in which
268     cosmetology/barbering, esthetics, electrology, or nail technology is practiced.
269          [(49)] (50) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-11a-502.
270          [(50)] (51) "Unprofessional conduct" is as defined in Sections 58-1-501 and
271     58-11a-501 and as may be further defined by rule by the division in collaboration with the
272     board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
273          Section 2. Section 58-11a-306 is amended to read:
274          58-11a-306. Apprenticeship.
275          (1) An approved barber apprenticeship shall:
276          (a) consist of not less than 1,250 hours of training in not less than eight months; and
277          (b) be conducted by a supervisor who:
278          (i) is licensed under this chapter as a barber instructor or a cosmetology/barber
279     instructor; and
280          (ii) provides one-on-one direct supervision of the barber apprentice during the
281     apprenticeship program.
282          (2) An approved cosmetologist/barber apprenticeship shall:
283          (a) consist of not less than 2,500 hours of training in not less than 15 months; and
284          (b) be conducted by a supervisor who:
285          (i) is licensed under this chapter as a cosmetologist/barber instructor; and
286          (ii) provides one-on-one direct supervision of the cosmetologist/barber apprentice
287     during the apprenticeship program.
288          (3) An approved esthetician apprenticeship shall:
289          (a) consist of not less than 800 hours of training in not less than five months; and
290          (b) be conducted by a supervisor who:
291          (i) is licensed under this chapter as an esthetician instructor; and
292          (ii) provides one-on-one direct supervision of the esthetician apprentice during the
293     apprenticeship program.
294          (4) An approved hair designer apprenticeship shall:
295          (a) consist of not less than 1,500 hours of training in not less than 10 months; and
296          (b) be conducted by a supervisor who:
297          (i) is licensed under this chapter as a hair designer instructor or a cosmetology/barber
298     instructor; and
299          (ii) provides one-on-one direct supervision of the hair designer apprentice during the
300     apprenticeship program.
301          [(4)] (5) An approved master esthetician apprenticeship shall:
302          (a) consist of not less than 1,500 hours of training in not less than 10 months; and
303          (b) be conducted by a supervisor who:
304          (i) is licensed under this chapter as a master-level esthetician instructor; and
305          (ii) provides one-on-one direct supervision of the master esthetician apprentice during
306     the apprenticeship program.
307          [(5)] (6) An approved nail technician apprenticeship shall:
308          (a) consist of not less than 375 hours of training in not less than three months; and
309          (b) be conducted by a supervisor who:
310          (i) is licensed under this chapter as a nail technician instructor or a cosmetology/barber
311     instructor; [and]
312          (ii) provides [one-on-one] direct supervision of the nail technician apprentice during
313     the apprenticeship program[.]; and
314          (iii) provides direct supervision to no more than two nail technician apprentices during
315     the apprenticeship program.
316          [(6)] (7) A person seeking to qualify for licensure by apprenticing in an approved
317     apprenticeship under this chapter shall:
318          (a) register with the division before beginning the training requirements by:
319          (i) submitting a form prescribed by the division, which includes the name of the
320     licensed supervisor; and
321          (ii) paying a fee determined by the department under Section 63J-1-504;
322          (b) complete the apprenticeship within five years of the date on which the division
323     approves the registration; and
324          (c) notify the division within 30 days if the licensed supervisor changes after the
325     registration is approved by the division.
326          [(7)] (8) Notwithstanding Subsection [(6)] (7), if a person seeking to qualify for
327     licensure by apprenticing in an approved apprenticeship under this chapter [registers] is
328     registered with the division before January 1, 2017, any training requirements completed by the
329     person as an apprentice in an approved apprenticeship before registration may be applied to
330     successful completion of the approved apprenticeship.
331          Section 3. Section 58-47b-304 is amended to read:
332          58-47b-304. Exemptions from licensure.
333          (1) In addition to the exemptions from licensure in Section 58-1-307, the following
334     individuals may engage in the practice of massage therapy as defined under this chapter,
335     subject to the stated circumstances and limitations, without being licensed, but may not
336     represent themselves as a massage therapist or massage apprentice:
337          (a) a physician or surgeon licensed under Title 58, Chapter 67, Utah Medical Practice
338     Act;
339          (b) a nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, or under Title 58,
340     Chapter 44a, Nurse Midwife Practice Act;
341          (c) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
342     Act;
343          (d) a physical therapist assistant licensed under Title 58, Chapter 24b, Physical Therapy
344     Practice Act, while under the general supervision of a physical therapist;
345          (e) an osteopathic physician or surgeon licensed under Title 58, Chapter 68, Utah
346     Osteopathic Medical Practice Act;
347          (f) a chiropractic physician licensed under Title 58, Chapter 73, Chiropractic Physician
348     Practice Act;
349          (g) a hospital staff member employed by a hospital, who practices massage as part of
350     the staff member's responsibilities;
351          (h) an athletic trainer licensed under Title 58, Chapter 40a, Athletic Trainer Licensing
352     Act;
353          (i) a student in training enrolled in a massage therapy school approved by the division;
354          (j) a naturopathic physician licensed under Title 58, Chapter 71, Naturopathic Physician
355     Practice Act;
356          (k) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
357     Therapy Practice Act;
358          (l) an individual performing gratuitous massage; and
359          (m) an individual:
360          (i) certified by or through, and in good standing with, an industry organization that is
361     recognized by the division, and that represents a profession with established standards and
362     ethics[;]:
363          [(ii) (A) who limits the manipulation of the soft tissues of the body to the hands, feet,
364     and outer ears only, including the practice of reflexology and foot zone therapy; or]
365          (A) who is certified to practice reflexology and whose practice is limited to the scope
366     of practice of reflexology;
367          (B) who is certified to practice a type of zone therapy, including foot zone therapy, and
368     whose practice is limited to the scope of practice for which the individual is certified;
369          [(B)] (C) who is certified to practice ortho-bionomy and whose practice is limited to
370     the scope of practice of ortho-bionomy; or
371          (D) who is certified to practice bowenwork and whose practice is limited to the scope
372     of practice of bowenwork;
373          [(iii)] (ii) whose clients remain fully clothed from the shoulders to the knees; and
374          [(iv)] (iii) whose clients do not receive gratuitous massage from the individual.
375          (2) This chapter may not be construed to authorize any individual licensed under this
376     chapter to engage in any manner in the practice of medicine as defined by the laws of this state.
377          (3) This chapter may not be construed to:
378          (a) require insurance coverage or reimbursement for massage therapy from third party
379     payors; or
380          (b) prevent an insurance carrier from offering coverage for massage therapy.