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7 LONG TITLE
8 General Description:
9 This bill modifies provisions of Title 58, Chapter 11a, Cosmetology and Associated
10 Professions Licensing Act (cosmetology act).
11 Highlighted Provisions:
12 This bill:
13 ▸ creates an exemption from licensure under the cosmetology act for an individual
14 who:
15 • only dries, styles, arranges, dresses, curls, hot irons, shampoos, or conditions
16 hair; and
17 • displays a sign in the individual's place of business informing the public that the
18 individual is not licensed under the cosmetology act; and
19 ▸ makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 58-11a-304, as last amended by Laws of Utah 2018, Chapter 318
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 58-11a-304 is amended to read:
30 58-11a-304. Exemptions from licensure.
31 In addition to the exemptions from licensure in Section 58-1-307, the following persons
32 may engage in the practice of barbering, cosmetology/barbering, esthetics, master-level
33 esthetics, electrology, or nail technology without being licensed under this chapter:
34 (1) a person licensed under the laws of this state to engage in the practice of medicine,
35 surgery, osteopathy, or chiropractic when engaged in the practice of the profession for which
36 they are licensed;
37 (2) a commissioned physician or surgeon serving in the armed forces of the United
38 States or another federal agency;
39 (3) a registered nurse, undertaker, or mortician licensed under the laws of this state
40 when engaged in the practice of the profession for which the person is licensed;
41 (4) a person who visits the state to engage in instructional seminars, advanced classes,
42 trade shows, or competitions of a limited duration;
43 (5) a person who engages in the practice of barbering, cosmetology/barbering, hair
44 design, esthetics, master-level esthetics, electrology, or nail technology without compensation;
45 (6) a person instructing an adult education class or other educational program directed
46 toward persons who are not licensed under this chapter and that is not intended to train persons
47 to become licensed under this chapter, provided:
48 (a) an attendee receives no credit toward educational requirements for licensure under
49 this chapter;
50 (b) the instructor informs each attendee in writing that taking such a class or program
51 will not certify or qualify the attendee to perform a service for compensation that requires
52 licensure under this chapter; and
53 (c) (i) the instructor is properly licensed; or
54 (ii) the instructor receives no compensation;
55 (7) a person providing instruction in workshops, seminars, training meetings, or other
56 educational programs whose purpose is to provide continuing professional development to
57 licensed barbers, cosmetologists/barbers, hair designers, estheticians, master estheticians,
58 electrologists, or nail technicians;
59 (8) a person enrolled in a licensed barber or cosmetology/barber school when
60 participating in an on the job training internship under the direct supervision of a licensed
61 barber or cosmetologist/barber upon completion of a basic program under the standards
62 established by rule by the division in collaboration with the board;
63 (9) a person enrolled in an approved apprenticeship pursuant to Section 58-11a-306;
64 (10) an employee of a company that is primarily engaged in the business of selling
65 products used in the practice of barbering, cosmetology/barbering, esthetics, master-level
66 esthetics, electrology, or nail technology when demonstrating the company's products to a
67 potential customer, provided the employee makes no representation to a potential customer that
68 attending such a demonstration will certify or qualify the attendee to perform a service for
69 compensation that requires licensure under this chapter;
70 (11) a person who:
71 (a) is qualified to engage in the practice of barbering, cosmetology/barbering, esthetics,
72 master-level esthetics, electrology, or nail technology in another jurisdiction as evidenced by
73 licensure, certification, or lawful practice in the other jurisdiction;
74 (b) is employed by, or under contract with, a motion picture company; and
75 (c) engages in the practice of barbering, cosmetology/barbering, esthetics, master-level
76 esthetics, electrology, or nail technology in the state:
77 (i) solely to assist in the production of a motion picture; and
78 (ii) for no more than 120 days per calendar year; [
79 (12) a person who:
80 (a) engages in hair braiding; and
81 (b) unless it is expressly exempted under this section or Section 58-1-307, does not
82 engage in other activity requiring licensure under this chapter[
83 (13) a person who:
84 (a) dries, styles, arranges, dresses, curls, hot irons, shampoos, or conditions hair;
85 (b) does not cut the hair;
86 (c) does not apply dye to alter the color of the hair;
87 (d) does not apply reactive chemicals to straighten, curl, or alter the structure of the
88 hair;
89 (e) unless it is expressly exempted under this section or Section 58-1-307, does not
90 engage in other activity requiring licensure under this chapter; and
91 (f) displays a sign in a conspicuous location in the person's place of business notifying
92 the public that the person's services are not provided by an individual who has a license under
93 this chapter.