1     
LICENSING AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brady Brammer

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions of the Cosmetology and Associated Professions Licensing
10     Act (the act).
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies the definition of "hair braiding" in the act to include the use of wefts if
14     applied without the use of glue or tape; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          58-11a-102, as last amended by Laws of Utah 2020, Chapter 339
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 58-11a-102 is amended to read:
26          58-11a-102. Definitions.
27          As used in this chapter:
28          (1) "Approved barber or cosmetologist/barber apprenticeship" means an apprenticeship

29     that meets the requirements of Subsection 58-11a-306(1) for barbers or Subsection
30     58-11a-306(2) for cosmetologist/barbers and the requirements established by rule by the
31     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
32     Administrative Rulemaking Act.
33          (2) "Approved esthetician apprenticeship" means an apprenticeship that meets the
34     requirements of Subsection 58-11a-306(4) and the requirements established by rule by the
35     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
36     Administrative Rulemaking Act.
37          (3) "Approved hair designer apprenticeship" means an apprenticeship that meets the
38     requirements of Subsection 58-11a-306(3) and the requirements established by rule by the
39     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
40     Administrative Rulemaking Act.
41          (4) "Approved master esthetician apprenticeship" means an apprenticeship that meets
42     the requirements of Subsection 58-11a-306(5) and the requirements established by rule by the
43     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
44     Administrative Rulemaking Act.
45          (5) "Approved nail technician apprenticeship" means an apprenticeship that meets the
46     requirements of Subsection 58-11a-306(6) and the requirements established by rule by the
47     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
48     Administrative Rulemaking Act.
49          (6) "Barber" means a person who is licensed under this chapter to engage in the
50     practice of barbering.
51          (7) "Barber instructor" means a barber who is licensed under this chapter to engage in
52     the practice of barbering instruction.
53          (8) "Board" means the Cosmetology and Associated Professions Licensing Board
54     created in Section 58-11a-201.
55          (9) "Cosmetic laser procedure" includes a nonablative procedure as defined in Section

56     58-67-102.
57          (10) "Cosmetic supervisor" means a supervisor as defined in Section 58-1-505.
58          (11) "Cosmetologist/barber" means a person who is licensed under this chapter to
59     engage in the practice of cosmetology/barbering.
60          (12) "Cosmetologist/barber instructor" means a cosmetologist/barber who is licensed
61     under this chapter to engage in the practice of cosmetology/barbering instruction.
62          (13) "Direct supervision" means that the supervisor of an apprentice or the instructor of
63     a student is immediately available for consultation, advice, instruction, and evaluation.
64          (14) "Electrologist" means a person who is licensed under this chapter to engage in the
65     practice of electrology.
66          (15) "Electrologist instructor" means an electrologist who is licensed under this chapter
67     to engage in the practice of electrology instruction.
68          (16) "Esthetician" means a person who is licensed under this chapter to engage in the
69     practice of esthetics.
70          (17) "Esthetician instructor" means a master esthetician who is licensed under this
71     chapter to engage in the practice of esthetics instruction.
72          (18) "Fund" means the Cosmetology and Associated Professions Education and
73     Enforcement Fund created in Section 58-11a-103.
74          (19) (a) "Hair braiding" means the twisting, weaving, or interweaving of a person's
75     natural human hair.
76          (b) "Hair braiding" includes the following methods or styles:
77          (i) African-style braiding;
78          (ii) box braids;
79          (iii) cornrows;
80          (iv) dreadlocks;
81          (v) french braids;
82          (vi) invisible braids;

83          (vii) micro braids;
84          (viii) single braids;
85          (ix) single plaits;
86          (x) twists;
87          (xi) visible braids;
88          (xii) the use of lock braids; [and]
89          (xiii) the use of decorative beads, accessories, and [nonhair] extensions[.]; and
90          (xiv) the use of wefts if applied without the use of glue or tape.
91          (c) "Hair braiding" does not include:
92          (i) the use of:
93          (A) wefts if applied with the use of glue or tape;
94          (B) synthetic tape;
95          (C) synthetic glue;
96          (D) keratin bonds;
97          (E) fusion bonds; or
98          (F) heat tools;
99          (ii) the cutting of human hair; or
100          (iii) the application of heat, dye, a reactive chemical, or other preparation to:
101          (A) alter the color of the hair; or
102          (B) straighten, curl, or alter the structure of the hair.
103          (20) "Hair designer" means a person who is licensed under this chapter to engage in the
104     practice of hair design.
105          (21) "Hair designer instructor" means a hair designer who is licensed under this chapter
106     to engage in the practice of hair design instruction.
107          (22) "Licensed barber or cosmetology/barber school" means a barber or
108     cosmetology/barber school licensed under this chapter.
109          (23) "Licensed electrology school" means an electrology school licensed under this

110     chapter.
111          (24) "Licensed esthetics school" means an esthetics school licensed under this chapter.
112          (25) "Licensed hair design school" means a hair design school licensed under this
113     chapter.
114          (26) "Licensed nail technology school" means a nail technology school licensed under
115     this chapter.
116          (27) "Master esthetician" means an individual who is licensed under this chapter to
117     engage in the practice of master-level esthetics.
118          (28) "Nail technician" means an individual who is licensed under this chapter to engage
119     in the practice of nail technology.
120          (29) "Nail technician instructor" means a nail technician licensed under this chapter to
121     engage in the practice of nail technology instruction.
122          (30) "Practice of barbering" means:
123          (a) cutting, clipping, or trimming the hair of the head of any person by the use of
124     scissors, shears, clippers, or other appliances;
125          (b) draping, shampooing, scalp treatments, basic wet styling, and blow drying;
126          (c) removing hair from the face or neck of a person by the use of shaving equipment;
127     and
128          (d) when providing other services described in this Subsection (30), gently massaging
129     the head, back of the neck, and shoulders by manual or mechanical means.
130          (31) "Practice of barbering instruction" means teaching the practice of barbering at a
131     licensed barber school, at a licensed cosmetology/barber school, or for an approved barber
132     apprenticeship.
133          (32) "Practice of basic esthetics" means any one of the following skin care procedures
134     done on the body for cosmetic purposes and not for the treatment of medical, physical, or
135     mental ailments:
136          (a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or

137     masks, manual extraction, including a comedone extractor, depilatories, waxes, tweezing, the
138     application of eyelash or eyebrow extensions, natural nail manicures or pedicures, or callous
139     removal by buffing or filing;
140          (b) limited chemical exfoliation as defined by rule;
141          (c) removing superfluous hair by means other than electrolysis, except that an
142     individual is not required to be licensed as an esthetician to engage in the practice of threading;
143          (d) other esthetic preparations or procedures with the use of the hands, a
144     high-frequency or galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not
145     for the treatment of medical, physical, or mental ailments;
146          (e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, or applying
147     eyelash or eyebrow extensions; or
148          (f) except as provided in Subsection (32)(f)(i), cosmetic laser procedures under the
149     direct cosmetic medical procedure supervision of a cosmetic supervisor limited to the
150     following:
151          (i) superfluous hair removal which shall be under indirect supervision;
152          (ii) anti-aging resurfacing enhancements;
153          (iii) photo rejuvenation; or
154          (iv) tattoo removal.
155          (33) (a) "Practice of cosmetology/barbering" means:
156          (i) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
157     singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
158     person;
159          (ii) cutting, clipping, or trimming the hair by the use of scissors, shears, clippers, or
160     other appliances;
161          (iii) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, applying
162     eyelash or eyebrow extensions;
163          (iv) removing hair from the body of a person by the use of depilatories, waxing, or

164     shaving equipment;
165          (v) cutting, curling, styling, fitting, measuring, or forming caps for wigs or hairpieces
166     or both on the human head; or
167          (vi) practicing hair weaving or hair fusing or servicing previously medically implanted
168     hair.
169          (b) The term "practice of cosmetology/barbering" includes:
170          (i) the practice of barbering;
171          (ii) the practice of basic esthetics; and
172          (iii) the practice of nail technology.
173          (c) An individual is not required to be licensed as a cosmetologist/barber to engage in
174     the practice of threading.
175          (34) "Practice of cosmetology/barbering instruction" means teaching the practice of
176     cosmetology/barbering:
177          (a) at a licensed cosmetology/barber school, a licensed barber school, or a licensed nail
178     technology school; or
179          (b) for an approved cosmetologist/barber apprenticeship.
180          (35) "Practice of electrology" means:
181          (a) the removal of superfluous hair from the body of a person by the use of electricity,
182     waxing, shaving, or tweezing; or
183          (b) cosmetic laser procedures under the supervision of a cosmetic supervisor limited to
184     superfluous hair removal.
185          (36) "Practice of electrology instruction" means teaching the practice of electrology at a
186     licensed electrology school.
187          (37) "Practice of esthetics instruction" means teaching the practice of basic esthetics or
188     the practice of master-level esthetics:
189          (a) at a licensed esthetics school or a licensed cosmetology/barber school; or
190          (b) for an approved esthetician apprenticeship or an approved master esthetician

191     apprenticeship.
192          (38) "Practice of hair design" means:
193          (a) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
194     singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
195     person;
196          (b) barbering, cutting, clipping, shaving, or trimming the hair by the use of scissors,
197     shears, clippers, or other appliances;
198          (c) cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or
199     both on the human head; or
200          (d) practicing hair weaving, hair fusing, or servicing previously medically implanted
201     hair.
202          (39) "Practice of hair design instruction" means teaching the practice of hair design at a
203     licensed cosmetology/barber school, a licensed hair design school, or a licensed barber school.
204          (40) (a) "Practice of master-level esthetics" means:
205          (i) any of the following when done for cosmetic purposes on the body and not for the
206     treatment of medical, physical, or mental ailments:
207          (A) body wraps as defined by rule;
208          (B) hydrotherapy as defined by rule;
209          (C) chemical exfoliation as defined by rule;
210          (D) advanced pedicures as defined by rule;
211          (E) sanding, including microdermabrasion;
212          (F) advanced extraction;
213          (G) other esthetic preparations or procedures with the use of:
214          (I) the hands; or
215          (II) a mechanical or electrical apparatus which is approved for use by division rule for
216     beautifying or similar work performed on the body for cosmetic purposes and not for the
217     treatment of a medical, physical, or mental ailment; or

218          (H) cosmetic laser procedures under the supervision of a cosmetic supervisor with a
219     physician's evaluation before the procedure, as needed, unless specifically required under
220     Section 58-1-506, and limited to the following:
221          (I) superfluous hair removal;
222          (II) anti-aging resurfacing enhancements;
223          (III) photo rejuvenation; or
224          (IV) tattoo removal with a physician's, advanced practice nurse's, or physician
225     assistant's evaluation before the tattoo removal procedure, as required by Subsection
226     58-1-506(3)(a); and
227          (ii) lymphatic massage by manual or other means as defined by rule.
228          (b) Notwithstanding the provisions of Subsection (40)(a), a master-level esthetician
229     may perform procedures listed in Subsection (40)(a)(i)(H) if done under the supervision of a
230     cosmetic supervisor acting within the scope of the cosmetic supervisor license.
231          (c) The term "practice of master-level esthetics" includes the practice of esthetics, but
232     an individual is not required to be licensed as an esthetician or master-level esthetician to
233     engage in the practice of threading.
234          (41) "Practice of nail technology" means to trim, cut, clean, manicure, shape, massage,
235     or enhance the appearance of the hands, feet, and nails of an individual by the use of hands,
236     mechanical, or electrical preparation, antiseptic, lotions, or creams, including the application
237     and removal of sculptured or artificial nails.
238          (42) "Practice of nail technology instruction" means teaching the practice of nail
239     technology at a licensed nail technician school, at a licensed cosmetology/barber school, or for
240     an approved nail technician apprenticeship.
241          (43) "Recognized barber school" means a barber school located in a state other than
242     Utah, whose students, upon graduation, are recognized as having completed the educational
243     requirements for licensure in that state.
244          (44) "Recognized cosmetology/barber school" means a cosmetology/barber school

245     located in a state other than Utah, whose students, upon graduation, are recognized as having
246     completed the educational requirements for licensure in that state.
247          (45) "Recognized electrology school" means an electrology school located in a state
248     other than Utah, whose students, upon graduation, are recognized as having completed the
249     educational requirements for licensure in that state.
250          (46) "Recognized esthetics school" means an esthetics school located in a state other
251     than Utah, whose students, upon graduation, are recognized as having completed the
252     educational requirements for licensure in that state.
253          (47) "Recognized hair design school" means a hair design school located in a state
254     other than Utah, whose students, upon graduation, are recognized as having completed the
255     educational requirements for licensure in that state.
256          (48) "Recognized nail technology school" means a nail technology school located in a
257     state other than Utah, whose students, upon graduation, are recognized as having completed the
258     educational requirements for licensure in that state.
259          (49) "Salon" means a place, shop, or establishment in which cosmetology/barbering,
260     esthetics, electrology, or nail technology is practiced.
261          (50) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-11a-502.
262          (51) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-11a-501 and
263     as may be further defined by rule by the division in collaboration with the board in accordance
264     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.