This document includes House Committee Amendments incorporated into the bill on Mon, Mar 1, 2021 at 8:01 AM by pflowers.
1     
BARBER LICENSING AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Phil Lyman

5     
Senate Sponsor: Michael K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Cosmetology and Associated Professions Licensing Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the testing requirements of obtaining a barber license; and
13          ▸     makes technical changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          58-11a-302, as last amended by Laws of Utah 2020, Chapter 339
21     

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 58-11a-302 is amended to read:
24          58-11a-302. Qualifications for licensure.
25          (1) Each applicant for licensure as a barber shall:
26          (a) submit an application in a form prescribed by the division;
27          (b) pay a fee determined by the department under Section 63J-1-504;

28          (c) provide satisfactory documentation of:
29          (i) graduation from a licensed or recognized barber school, or a licensed or recognized
30     cosmetology/barber school, whose curriculum consists of a minimum of 1,000 hours of
31     instruction, or the equivalent number of credit hours, over a period of not less than 25 weeks;
32          (ii) (A) graduation from a recognized barber school located in a state other than Utah
33     whose curriculum consists of less than 1,000 hours of instruction or the equivalent number of
34     credit hours; and
35          (B) practice as a licensed barber in a state other than Utah for not less than the number
36     of hours required to equal 1,000 total hours when added to the hours of instruction described in
37     Subsection (1)(c)(ii)(A); or
38          (iii) completion of an approved barber apprenticeship; and
39          (d) meet [the examination requirement] one of the following requirements established
40     by rule[.]:
41          (i) pass an examination that consists of a written theory portion and a practical portion;
42     or
43          (ii) Ĥ→ [
pass a practical examination and provide the written attestation of a licensed barber
44     or cosmetologist stating that the applicant has the necessary training and skill to be a licensed
45     barber.
] pass a practical examination and provide the written attestation of a licensed barber

45a     or cosmetologist/barber instructor who participated in the school or training under Subsection
45b     (1)(c), stating that the applicant has the necessary training and skill to be a licensed
45c     barber. ←Ĥ
46          (2) Each applicant for licensure as a barber instructor shall:
47          (a) submit an application in a form prescribed by the division;
48          (b) subject to Subsection (24), pay a fee determined by the department under Section
49     63J-1-504;
50          (c) provide satisfactory documentation that the applicant is currently licensed as a
51     barber;
52          (d) provide satisfactory documentation of completion of:
53          (i) an instructor training program conducted by a licensed or recognized school, as
54     defined by rule, consisting of a minimum of 250 hours or the equivalent number of credit
55     hours;
56          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
57     recognized school, as defined by rule, consisting of a minimum of 250 hours or the equivalent
58     number of credit hours; or

59          (iii) a minimum of 2,000 hours of experience as a barber; and
60          (e) meet the examination requirement established by rule.
61          (3) Each applicant for licensure as a barber school shall:
62          (a) submit an application in a form prescribed by the division;
63          (b) pay a fee determined by the department under Section 63J-1-504; and
64          (c) provide satisfactory documentation:
65          (i) of appropriate registration with the Division of Corporations and Commercial Code;
66          (ii) of business licensure from the city, town, or county in which the school is located;
67          (iii) that the applicant's physical facilities comply with the requirements established by
68     rule; and
69          (iv) that the applicant meets:
70          (A) the standards for barber schools, including staff and accreditation requirements,
71     established by rule; and
72          (B) the requirements for recognition as an institution of postsecondary study as
73     described in Subsection (22).
74          (4) Each applicant for licensure as a cosmetologist/barber shall:
75          (a) submit an application in a form prescribed by the division;
76          (b) pay a fee determined by the department under Section 63J-1-504;
77          (c) provide satisfactory documentation of:
78          (i) graduation from a licensed or recognized cosmetology/barber school whose
79     curriculum consists of a minimum of 1,600 hours of instruction, or the equivalent number of
80     credit hours, with full flexibility within those hours;
81          (ii) (A) graduation from a recognized cosmetology/barber school located in a state
82     other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
83     equivalent number of credit hours, with full flexibility within those hours; and
84          (B) practice as a licensed cosmetologist/barber in a state other than Utah for not less
85     than the number of hours required to equal 1,600 total hours when added to the hours of
86     instruction described in Subsection (4)(c)(ii)(A); or
87          (iii) completion of an approved cosmetology/barber apprenticeship; and
88          (d) meet the examination requirement established by rule.
89          (5) Each applicant for licensure as a cosmetologist/barber instructor shall:

90          (a) submit an application in a form prescribed by the division;
91          (b) subject to Subsection (24), pay a fee determined by the department under Section
92     63J-1-504;
93          (c) provide satisfactory documentation that the applicant is currently licensed as a
94     cosmetologist/barber;
95          (d) 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          (e) 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) provide satisfactory documentation of having graduated from a licensed or

121     recognized electrology school after completing a curriculum of 600 hours of instruction or the
122     equivalent number of credit hours; and
123          (d) meet the examination requirement established by rule.
124          (8) Each applicant for licensure as an electrologist instructor shall:
125          (a) submit an application in a form prescribed by the division;
126          (b) subject to Subsection (24), pay a fee determined by the department under Section
127     63J-1-504;
128          (c) provide satisfactory documentation that the applicant is currently licensed as an
129     electrologist;
130          (d) provide satisfactory documentation of completion of:
131          (i) an instructor training program conducted by a licensed or recognized school, as
132     defined by rule, consisting of a minimum of 150 hours or the equivalent number of credit
133     hours;
134          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
135     recognized school, as defined by rule, consisting of a minimum of 150 hours or the equivalent
136     number of credit hours; or
137          (iii) a minimum of 1,000 hours of experience as an electrologist; and
138          (e) meet the examination requirement established by rule.
139          (9) Each applicant for licensure as an electrologist school shall:
140          (a) submit an application in a form prescribed by the division;
141          (b) pay a fee determined by the department under Section 63J-1-504; and
142          (c) provide satisfactory documentation:
143          (i) of appropriate registration with the Division of Corporations and Commercial Code;
144          (ii) of business licensure from the city, town, or county in which the school is located;
145          (iii) that the applicant's facilities comply with the requirements established by rule; and
146          (iv) that the applicant meets:
147          (A) the standards for electrologist schools, including staff, curriculum, and
148     accreditation requirements, established by rule; and
149          (B) the requirements for recognition as an institution of postsecondary study as
150     described in Subsection (22).
151          (10) Each applicant for licensure as an esthetician shall:

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

183          (e) meet the examination requirement established by division rule.
184          (12) Each applicant for licensure as an esthetician instructor shall:
185          (a) submit an application in a form prescribed by the division;
186          (b) subject to Subsection (24), pay a fee determined by the department under Section
187     63J-1-504;
188          (c) provide satisfactory documentation that the applicant is currently licensed as a
189     master esthetician;
190          (d) provide satisfactory documentation of completion of:
191          (i) an instructor training program conducted by a licensed or recognized school, as
192     defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
193     hours;
194          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
195     recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
196     number of credit hours; or
197          (iii) a minimum of 1,000 hours of experience in esthetics; and
198          (e) meet the examination requirement established by rule.
199          (13) Each applicant for licensure as an esthetics school shall:
200          (a) submit an application in a form prescribed by the division;
201          (b) pay a fee determined by the department under Section 63J-1-504; and
202          (c) provide satisfactory documentation:
203          (i) of appropriate registration with the Division of Corporations and Commercial Code;
204          (ii) of business licensure from the city, town, or county in which the school is located;
205          (iii) that the applicant's physical facilities comply with the requirements established by
206     rule; and
207          (iv) that the applicant meets:
208          (A) the standards for esthetics schools, including staff, curriculum, and accreditation
209     requirements, established by division rule made in collaboration with the board; and
210          (B) the requirements for recognition as an institution of postsecondary study as
211     described in Subsection (22).
212          (14) Each applicant for licensure as a hair designer shall:
213          (a) submit an application in a form prescribed by the division;

214          (b) pay a fee determined by the department under Section 63J-1-504;
215          (c) provide satisfactory documentation of:
216          (i) graduation from a licensed or recognized cosmetology/barber, hair design, or
217     barbering school whose curriculum consists of a minimum of 1,200 hours of instruction, or the
218     equivalent number of credit hours, with full flexibility within those hours;
219          (ii) (A) graduation from a recognized cosmetology/barber, hair design, or barbering
220     school located in a state other than Utah whose curriculum consists of less than 1,200 hours of
221     instruction, or the equivalent number of credit hours, with full flexibility within those hours;
222     and
223          (B) practice as a licensed cosmetologist/barber or hair designer in a state other than
224     Utah for not less than the number of hours required to equal 1,200 total hours when added to
225     the hours of instruction described in Subsection (14)(c)(ii)(A);
226          (iii) being a state licensed cosmetologist/barber; or
227          (iv) completion of an approved hair designer apprenticeship; and
228          (d) meet the examination requirements established by rule.
229          (15) Each applicant for licensure as a hair designer instructor shall:
230          (a) submit an application in a form prescribed by the division;
231          (b) subject to Subsection (24), pay a fee determined by the department under Section
232     63J-1-504;
233          (c) provide satisfactory documentation that the applicant is currently licensed as a hair
234     designer or as a cosmetologist/barber;
235          (d) provide satisfactory documentation of completion of:
236          (i) an instructor training program conducted by a licensed or recognized school, as
237     defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
238     hours;
239          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
240     recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
241     number of credit hours; or
242          (iii) a minimum of 2,500 hours of experience as a hair designer or as a
243     cosmetologist/barber; and
244          (e) meet the examination requirement established by rule.

245          (16) Each applicant for licensure as a hair design school shall:
246          (a) submit an application in a form prescribed by the division;
247          (b) pay a fee determined by the department under Section 63J-1-504; and
248          (c) provide satisfactory documentation:
249          (i) of appropriate registration with the Division of Corporations and Commercial Code;
250          (ii) of business licensure from the city, town, or county in which the school is located;
251          (iii) that the applicant's physical facilities comply with the requirements established by
252     rule; and
253          (iv) that the applicant meets:
254          (A) the standards for a hair design school, including staff and accreditation
255     requirements, established by rule; and
256          (B) the requirements for recognition as an institution of postsecondary study as
257     described in Subsection (22).
258          (17) Each applicant for licensure as a nail technician shall:
259          (a) submit an application in a form prescribed by the division;
260          (b) pay a fee determined by the department under Section 63J-1-504;
261          (c) provide satisfactory documentation of:
262          (i) graduation from a licensed or recognized nail technology school, or a licensed or
263     recognized cosmetology/barber school, whose curriculum consists of not less than 300 hours of
264     instruction, or the equivalent number of credit hours;
265          (ii) (A) graduation from a recognized nail technology school located in a state other
266     than Utah whose curriculum consists of less than 300 hours of instruction or the equivalent
267     number of credit hours; and
268          (B) practice as a licensed nail technician in a state other than Utah for not less than the
269     number of hours required to equal 300 total hours when added to the hours of instruction
270     described in Subsection (17)(c)(ii)(A); or
271          (iii) completion of an approved nail technician apprenticeship; and
272          (d) meet the examination requirement established by division rule.
273          (18) Each applicant for licensure as a nail technician instructor shall:
274          (a) submit an application in a form prescribed by the division;
275          (b) subject to Subsection (24), pay a fee determined by the department under Section

276     63J-1-504;
277          (c) provide satisfactory documentation that the applicant is currently licensed as a nail
278     technician;
279          (d) provide satisfactory documentation of completion of:
280          (i) an instructor training program conducted by a licensed or recognized school, as
281     defined by rule, consisting of a minimum of 75 hours or the equivalent number of credit hours;
282          (ii) an on-the-job instructor training program conducted by a licensed instructor at a
283     licensed or recognized school, as defined by rule, consisting of a minimum of 75 hours or the
284     equivalent number of credit hours; or
285          (iii) a minimum of 600 hours of experience in nail technology; and
286          (e) meet the examination requirement established by rule.
287          (19) Each applicant for licensure as a nail technology school shall:
288          (a) submit an application in a form prescribed by the division;
289          (b) pay a fee determined by the department under Section 63J-1-504; and
290          (c) provide satisfactory documentation:
291          (i) of appropriate registration with the Division of Corporations and Commercial Code;
292          (ii) of business licensure from the city, town, or county in which the school is located;
293          (iii) that the applicant's facilities comply with the requirements established by rule; and
294          (iv) that the applicant meets:
295          (A) the standards for nail technology schools, including staff, curriculum, and
296     accreditation requirements, established by rule; and
297          (B) the requirements for recognition as an institution of postsecondary study as
298     described in Subsection (22).
299          (20) Each applicant for licensure under this chapter whose education in the field for
300     which a license is sought was completed at a foreign school may satisfy the educational
301     requirement for licensure by demonstrating, to the satisfaction of the division, the educational
302     equivalency of the foreign school education with a licensed school under this chapter.
303          (21) (a) A licensed or recognized school under this section shall accept credit hours
304     towards graduation for documented, relevant, and substantially equivalent coursework
305     previously completed by:
306          (i) a student that did not complete the student's education while attending a different

307     school; or
308          (ii) a licensee of any other profession listed in this section, based on the licensee's
309     schooling, apprenticeship, or experience.
310          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
311     consistent with this section, the division may make rules governing the acceptance of credit
312     hours under Subsection (21)(a).
313          (22) A school licensed or applying for licensure under this chapter shall maintain
314     recognition as an institution of postsecondary study by meeting the following conditions:
315          (a) the school shall admit as a regular student only an individual who has earned a
316     recognized high school diploma or the equivalent of a recognized high school diploma, or who
317     is beyond the age of compulsory high school attendance as prescribed by Title 53G, Chapter 6,
318     Part 2, Compulsory Education; and
319          (b) the school shall be licensed by name, or in the case of an applicant, shall apply for
320     licensure by name, under this chapter to offer one or more training programs beyond the
321     secondary level.
322          (23) A person seeking to qualify for licensure under this chapter by apprenticing in an
323     approved apprenticeship shall register with the division as described in Section 58-11a-306.
324          (24) The department may only charge a fee to a person applying for licensure as any
325     type of instructor under this chapter if the person is not a licensed instructor in any other
326     profession under this chapter.
327          (25) In order to encourage economic development in the state in accordance with
328     Subsection 63G-1-201(4)(e), the department may offer any required examination under this
329     section, which is prepared by a national testing organization, in languages in addition to
330     English.