1     
PROFESSIONAL LICENSING AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: Candice B. Pierucci

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions of the Cosmetology and Associated Professions Licensing
10     Act (cosmetology act) and other related provisions.
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;
17               •     receives a hair safety permit; and
18               •     displays a sign in the individual's place of business informing the public that the
19     individual is not licensed under the cosmetology act; and
20          ▸     provides that the Department of Health rules of sanitation related to cosmetology
21     professions includes a facility in which individuals are engaged in the exemption
22     from licensure described in this bill; and
23          ▸     makes technical changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:

30          26-15-2, as last amended by Laws of Utah 2007, Chapter 25
31          58-11a-304, as last amended by Laws of Utah 2020, Chapter 339
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 26-15-2 is amended to read:
35          26-15-2. Minimum rules of sanitation established by department.
36          The department shall establish and enforce, or provide for the enforcement of minimum
37     rules of sanitation necessary to protect the public health. Such rules shall include, but not be
38     limited to, rules necessary for the design, construction, operation, maintenance, or expansion
39     of:
40          (1) restaurants and all places where food or drink is handled, sold or served to the
41     public;
42          (2) public swimming pools;
43          (3) public baths including saunas, spas, massage parlors, and suntan parlors;
44          (4) public bathing beaches;
45          (5) schools which are publicly or privately owned or operated;
46          (6) recreational resorts, camps, and vehicle parks;
47          (7) amusement parks and all other centers and places used for public gatherings;
48          (8) mobile home parks and highway rest stops;
49          (9) construction or labor camps;
50          (10) jails, prisons and other places of incarceration or confinement;
51          (11) hotels and motels;
52          (12) lodging houses and boarding houses;
53          (13) service stations;
54          (14) barbershops and beauty shops[;], including a facility in which one or more
55     individuals are engaged in:
56          (a) any of the practices licensed under Title 58, Chapter 11a, Cosmetology and
57     Associated Professions Licensing Act; or

58          (b) styling hair in accordance with the exemption from licensure described in Section
59     58-11a-304(13);
60          (15) physician and dentist offices;
61          (16) public buildings and grounds;
62          (17) public conveyances and terminals; and
63          (18) commercial tanning facilities.
64          Section 2. Section 58-11a-304 is amended to read:
65          58-11a-304. Exemptions from licensure.
66          In addition to the exemptions from licensure in Section 58-1-307, the following persons
67     may engage in the practice of barbering, cosmetology/barbering, hair design, esthetics,
68     master-level esthetics, electrology, or nail technology without being licensed under this
69     chapter:
70          (1) a person licensed under the laws of this state to engage in the practice of medicine,
71     surgery, osteopathy, or chiropractic when engaged in the practice of the profession for which
72     they are licensed;
73          (2) a commissioned physician or surgeon serving in the armed forces of the United
74     States or another federal agency;
75          (3) a registered nurse, undertaker, or mortician licensed under the laws of this state
76     when engaged in the practice of the profession for which the person is licensed;
77          (4) a person who visits the state to engage in instructional seminars, advanced classes,
78     trade shows, or competitions of a limited duration;
79          (5) a person who engages in the practice of barbering, cosmetology/barbering, hair
80     design, esthetics, master-level esthetics, electrology, or nail technology without compensation;
81          (6) a person instructing an adult education class or other educational program directed
82     toward persons who are not licensed under this chapter and that is not intended to train persons
83     to become licensed under this chapter, provided:
84          (a) an attendee receives no credit toward educational requirements for licensure under
85     this chapter;

86          (b) the instructor informs each attendee in writing that taking such a class or program
87     will not certify or qualify the attendee to perform a service for compensation that requires
88     licensure under this chapter; and
89          (c) (i) the instructor is properly licensed; or
90          (ii) the instructor receives no compensation;
91          (7) a person providing instruction in workshops, seminars, training meetings, or other
92     educational programs whose purpose is to provide continuing professional development to
93     licensed barbers, cosmetologists/barbers, hair designers, estheticians, master estheticians,
94     electrologists, or nail technicians;
95          (8) a person enrolled in a licensed barber, cosmetology/barber, or hair design school
96     when participating in an on the job training internship under the direct supervision of a licensed
97     barber, cosmetologist/barber, or hair designer upon completion of a basic program under the
98     standards established by rule by the division in collaboration with the board;
99          (9) a person enrolled in an approved apprenticeship pursuant to Section 58-11a-306;
100          (10) an employee of a company that is primarily engaged in the business of selling
101     products used in the practice of barbering, cosmetology/barbering, hair design, esthetics,
102     master-level esthetics, electrology, or nail technology when demonstrating the company's
103     products to a potential customer, provided the employee makes no representation to a potential
104     customer that attending such a demonstration will certify or qualify the attendee to perform a
105     service for compensation that requires licensure under this chapter;
106          (11) a person who:
107          (a) is qualified to engage in the practice of barbering, cosmetology/barbering, hair
108     design, esthetics, master-level esthetics, electrology, or nail technology in another jurisdiction
109     as evidenced by licensure, certification, or lawful practice in the other jurisdiction;
110          (b) is employed by, or under contract with, a motion picture company; and
111          (c) engages in the practice of barbering, cosmetology/barbering, hair design, esthetics,
112     master-level esthetics, electrology, or nail technology in the state:
113          (i) solely to assist in the production of a motion picture; and

114          (ii) for no more than 120 days per calendar year; [and]
115          (12) a person who:
116          (a) engages in hair braiding; and
117          (b) unless it is expressly exempted under this section or Section 58-1-307, does not
118     engage in other activity requiring licensure under this chapter[.]; and
119          (13) a person who:
120          (a) dries, styles, arranges, dresses, curls, hot irons, shampoos, or conditions hair;
121          (b) does not cut the hair;
122          (c) does not apply dye to alter the color of the hair;
123          (d) does not apply reactive chemicals to straighten, curl, or alter the structure of the
124     hair;
125          (e) unless it is expressly exempted under this section or Section 58-1-307, does not
126     engage in other activity requiring licensure under this chapter; and
127          (f) provides evidence to the division that the person has received a hair safety permit
128     from completing a hair safety program that:
129          (i) is approved by the division;
130          (ii) consists of no more than two hours of instruction;
131          (iii) is offered by a provider approved by the division; and
132          (iv) includes an examination that requires a passing score of 75%; and
133          (g) displays in a conspicuous location in the person's place of business:
134          (i) a valid hair safety permit as described in Subsection (13)(f); and
135          (ii) a sign notifying the public that the person's services are not provided by an
136     individual who has a license under this chapter.