This document includes House Committee Amendments incorporated into the bill on Wed, Feb 15, 2023 at 8:23 AM by pflowers.
1     
COSMETOLOGIST REGULATION MODIFICATIONS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mark A. Strong

5     
Senate Sponsor: Luz Escamilla

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions related to local government regulation of cosmetology.
10     Highlighted Provisions:
11          This bill:
12          ▸     prohibits a county, municipality, or local health department from:
13               •     requiring a license or permit to engage in certain cosmetology practices without
14     compensation; and
15               •     regulating where a person engages in certain cosmetology practices without
16     compensation.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          26A-1-114, as last amended by Laws of Utah 2022, Chapters 39, 415 and 430
24     ENACTS:
25          11-68-101, Utah Code Annotated 1953
26     

27     Be it enacted by the Legislature of the state of Utah:

28          Section 1. Section 11-68-101 is enacted to read:
29     
CHAPTER 68. COSMETOLOGY PRACTICES REGULATION

30          11-68-101. Business license exemption for certain uncompensated cosmetology
31     practices.
32          (1) As used in this section, "local government entity" means a county or municipality.
33          (2) A local government entity may not:
34          (a) require a person to obtain a business license or permit from the local government
35     entity to engage in a practice described in Subsection 58-11a-304(5); or
36          (b) prevent or limit a person's ability to engage in a practice described in Subsection
37     58-11a-304(5) by Ĥ→ [
:
38          (i)
] ←Ĥ
requiring the person to engage in the practice at a specific location or at a particular
39     type of facility or location Ĥ→ [
; or] . ←Ĥ
40          Ĥ→ [
(ii) enforcing a regulation applicable to a facility or location where the person chooses
41     to engage in the practice.
] ←Ĥ

42          Section 2. Section 26A-1-114 is amended to read:
43          26A-1-114. Powers and duties of departments.
44          (1) Subject to Subsections (7), (8), and (11), a local health department may:
45          (a) subject to the provisions in Section 26A-1-108, enforce state laws, local ordinances,
46     department rules, and local health department standards and regulations relating to public
47     health and sanitation, including the plumbing code administered by the Division of
48     Professional Licensing under Title 15A, Chapter 1, Part 2, State Construction Code
49     Administration Act, and under Title 26, Chapter 15a, Food Safety Manager Certification Act,
50     in all incorporated and unincorporated areas served by the local health department;
51          (b) establish, maintain, and enforce isolation and quarantine, and exercise physical
52     control over property and over individuals as the local health department finds necessary for
53     the protection of the public health;
54          (c) establish and maintain medical, environmental, occupational, and other laboratory
55     services considered necessary or proper for the protection of the public health;
56          (d) establish and operate reasonable health programs or measures not in conflict with
57     state law which:
58          (i) are necessary or desirable for the promotion or protection of the public health and

59     the control of disease; or
60          (ii) may be necessary to ameliorate the major risk factors associated with the major
61     causes of injury, sickness, death, and disability in the state;
62          (e) close theaters, schools, and other public places and prohibit gatherings of people
63     when necessary to protect the public health;
64          (f) abate nuisances or eliminate sources of filth and infectious and communicable
65     diseases affecting the public health and bill the owner or other person in charge of the premises
66     upon which this nuisance occurs for the cost of abatement;
67          (g) make necessary sanitary and health investigations and inspections on the local
68     health department's own initiative or in cooperation with the Department of Health [or] and
69     Human Services or the Department of Environmental Quality, or both, as to any matters
70     affecting the public health;
71          (h) pursuant to county ordinance or interlocal agreement:
72          (i) establish and collect appropriate fees for the performance of services and operation
73     of authorized or required programs and duties;
74          (ii) accept, use, and administer all federal, state, or private donations or grants of funds,
75     property, services, or materials for public health purposes; and
76          (iii) make agreements not in conflict with state law which are conditional to receiving a
77     donation or grant;
78          (i) prepare, publish, and disseminate information necessary to inform and advise the
79     public concerning:
80          (i) the health and wellness of the population, specific hazards, and risk factors that may
81     adversely affect the health and wellness of the population; and
82          (ii) specific activities individuals and institutions can engage in to promote and protect
83     the health and wellness of the population;
84          (j) investigate the causes of morbidity and mortality;
85          (k) issue notices and orders necessary to carry out this part;
86          (l) conduct studies to identify injury problems, establish injury control systems,
87     develop standards for the correction and prevention of future occurrences, and provide public
88     information and instruction to special high risk groups;
89          (m) cooperate with boards created under Section 19-1-106 to enforce laws and rules

90     within the jurisdiction of the boards;
91          (n) cooperate with the state health department, the Department of Corrections, the
92     Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
93     Victim Reparations Board to conduct testing for HIV infection of alleged sexual offenders,
94     convicted sexual offenders, and any victims of a sexual offense;
95          (o) investigate suspected bioterrorism and disease pursuant to Section 26-23b-108; and
96          (p) provide public health assistance in response to a national, state, or local emergency,
97     a public health emergency as defined in Section 26-23b-102, or a declaration by the President
98     of the United States or other federal official requesting public health-related activities.
99          (2) The local health department shall:
100          (a) establish programs or measures to promote and protect the health and general
101     wellness of the people within the boundaries of the local health department;
102          (b) investigate infectious and other diseases of public health importance and implement
103     measures to control the causes of epidemic and communicable diseases and other conditions
104     significantly affecting the public health which may include involuntary testing of alleged sexual
105     offenders for the HIV infection pursuant to Section 53-10-802 and voluntary testing of victims
106     of sexual offenses for HIV infection pursuant to Section 53-10-803;
107          (c) cooperate with the department in matters pertaining to the public health and in the
108     administration of state health laws; and
109          (d) coordinate implementation of environmental programs to maximize efficient use of
110     resources by developing with the Department of Environmental Quality a Comprehensive
111     Environmental Service Delivery Plan which:
112          (i) recognizes that the Department of Environmental Quality and local health
113     departments are the foundation for providing environmental health programs in the state;
114          (ii) delineates the responsibilities of the department and each local health department
115     for the efficient delivery of environmental programs using federal, state, and local authorities,
116     responsibilities, and resources;
117          (iii) provides for the delegation of authority and pass through of funding to local health
118     departments for environmental programs, to the extent allowed by applicable law, identified in
119     the plan, and requested by the local health department; and
120          (iv) is reviewed and updated annually.

121          (3) The local health department has the following duties regarding public and private
122     schools within the local health department's boundaries:
123          (a) enforce all ordinances, standards, and regulations pertaining to the public health of
124     persons attending public and private schools;
125          (b) exclude from school attendance any person, including teachers, who is suffering
126     from any communicable or infectious disease, whether acute or chronic, if the person is likely
127     to convey the disease to those in attendance; and
128          (c) (i) make regular inspections of the health-related condition of all school buildings
129     and premises;
130          (ii) report the inspections on forms furnished by the department to those responsible for
131     the condition and provide instructions for correction of any conditions that impair or endanger
132     the health or life of those attending the schools; and
133          (iii) provide a copy of the report to the department at the time the report is made.
134          (4) If those responsible for the health-related condition of the school buildings and
135     premises do not carry out any instructions for corrections provided in a report in Subsection
136     (3)(c), the local health board shall cause the conditions to be corrected at the expense of the
137     persons responsible.
138          (5) The local health department may exercise incidental authority as necessary to carry
139     out the provisions and purposes of this part.
140          (6) Nothing in this part may be construed to authorize a local health department to
141     enforce an ordinance, rule, or regulation requiring the installation or maintenance of a carbon
142     monoxide detector in a residential dwelling against anyone other than the occupant of the
143     dwelling.
144          (7) (a) Except as provided in Subsection (7)(c), a local health department may not
145     declare a public health emergency or issue an order of constraint until the local health
146     department has provided notice of the proposed action to the chief executive officer of the
147     relevant county no later than 24 hours before the local health department issues the order or
148     declaration.
149          (b) The local health department:
150          (i) shall provide the notice required by Subsection (7)(a) using the best available
151     method under the circumstances as determined by the local health department;

152          (ii) may provide the notice required by Subsection (7)(a) in electronic format; and
153          (iii) shall provide the notice in written form, if practicable.
154          (c) (i) Notwithstanding Subsection (7)(a), a local health department may declare a
155     public health emergency or issue an order of constraint without approval of the chief executive
156     officer of the relevant county if the passage of time necessary to obtain approval of the chief
157     executive officer of the relevant county as required in Subsection (7)(a) would substantially
158     increase the likelihood of loss of life due to an imminent threat.
159          (ii) If a local health department declares a public health emergency or issues an order
160     of constraint as described in Subsection (7)(c)(i), the local health department shall notify the
161     chief executive officer of the relevant county before issuing the order of constraint.
162          (iii) The chief executive officer of the relevant county may terminate a declaration of a
163     public health emergency or an order of constraint issued as described in Subsection (7)(c)(i)
164     within 72 hours of declaration of the public health emergency or issuance of the order of
165     constraint.
166          (d) (i) The relevant county governing body may at any time terminate a public health
167     emergency or an order of constraint issued by the local health department by majority vote of
168     the county governing body in response to a declared public health emergency.
169          (ii) A vote by the relevant county governing body to terminate a public health
170     emergency or an order of constraint as described in Subsection (7)(d)(i) is not subject to veto
171     by the relevant chief executive officer.
172          (8) (a) Except as provided in Subsection (8)(b), a public health emergency declared by
173     a local health department expires at the earliest of:
174          (i) the local health department or the chief executive officer of the relevant county
175     finding that the threat or danger has passed or the public health emergency reduced to the
176     extent that emergency conditions no longer exist;
177          (ii) 30 days after the date on which the local health department declared the public
178     health emergency; or
179          (iii) the day on which the public health emergency is terminated by majority vote of the
180     county governing body.
181          (b) (i) The relevant county legislative body, by majority vote, may extend a public
182     health emergency for a time period designated by the county legislative body.

183          (ii) If the county legislative body extends a public health emergency as described in
184     Subsection (8)(b)(i), the public health emergency expires on the date designated by the county
185     legislative body.
186          (c) Except as provided in Subsection (8)(d), if a public health emergency declared by a
187     local health department expires as described in Subsection (8)(a), the local health department
188     may not declare a public health emergency for the same illness or occurrence that precipitated
189     the previous public health emergency declaration.
190          (d) (i) Notwithstanding Subsection (8)(c), subject to Subsection (8)(f), if the local
191     health department finds that exigent circumstances exist, after providing notice to the county
192     legislative body, the department may declare a new public health emergency for the same
193     illness or occurrence that precipitated a previous public health emergency declaration.
194          (ii) A public health emergency declared as described in Subsection (8)(d)(i) expires in
195     accordance with Subsection (8)(a) or (b).
196          (e) For a public health emergency declared by a local health department under this
197     chapter or under Title 26, Chapter 23b, Detection of Public Health Emergencies Act, the
198     Legislature may terminate by joint resolution a public health emergency that was declared
199     based on exigent circumstances or that has been in effect for more than 30 days.
200          (f) If the Legislature or county legislative body terminates a public health emergency
201     declared due to exigent circumstances as described in Subsection (8)(d)(i), the local health
202     department may not declare a new public health emergency for the same illness, occurrence, or
203     exigent circumstances.
204          (9) (a) During a public health emergency declared under this chapter or under Title 26,
205     Chapter 23b, Detection of Public Health Emergencies Act:
206          (i) except as provided in Subsection (9)(b), a local health department may not issue an
207     order of constraint without approval of the chief executive officer of the relevant county;
208          (ii) the Legislature may at any time terminate by joint resolution an order of constraint
209     issued by a local health department in response to a declared public health emergency that has
210     been in effect for more than 30 days; and
211          (iii) a county governing body may at any time terminate by majority vote of the
212     governing body an order of constraint issued by a local health department in response to a
213     declared public health emergency.

214          (b) (i) Notwithstanding Subsection (9)(a)(i), a local health department may issue an
215     order of constraint without approval of the chief executive officer of the relevant county if the
216     passage of time necessary to obtain approval of the chief executive officer of the relevant
217     county as required in Subsection (9)(a)(i) would substantially increase the likelihood of loss of
218     life due to an imminent threat.
219          (ii) If a local health department issues an order of constraint as described in Subsection
220     (9)(b), the local health department shall notify the chief executive officer of the relevant county
221     before issuing the order of constraint.
222          (iii) The chief executive officer of the relevant county may terminate an order of
223     constraint issued as described in Subsection (9)(b) within 72 hours of issuance of the order of
224     constraint.
225          (c) (i) For a local health department that serves more than one county, the approval
226     described in Subsection (9)(a)(i) is required for the chief executive officer for which the order
227     of constraint is applicable.
228          (ii) For a local health department that serves more than one county, a county governing
229     body may only terminate an order of constraint as described in Subsection (9)(a)(iii) for the
230     county served by the county governing body.
231          (10) (a) During a public health emergency declared as described in this title:
232          (i) the department or a local health department may not impose an order of constraint
233     on a religious gathering that is more restrictive than an order of constraint that applies to any
234     other relevantly similar gathering; and
235          (ii) an individual, while acting or purporting to act within the course and scope of the
236     individual's official department or local health department capacity, may not:
237          (A) prevent a religious gathering that is held in a manner consistent with any order of
238     constraint issued pursuant to this title; or
239          (B) impose a penalty for a previous religious gathering that was held in a manner
240     consistent with any order of constraint issued pursuant to this title.
241          (b) Upon proper grounds, a court of competent jurisdiction may grant an injunction to
242     prevent the violation of this Subsection (10).
243          (c) During a public health emergency declared as described in this title, the department
244     or a local health department shall not issue a public health order or impose or implement a

245     regulation that substantially burdens an individual's exercise of religion unless the department
246     or local health department demonstrates that the application of the burden to the individual:
247          (i) is in furtherance of a compelling government interest; and
248          (ii) is the least restrictive means of furthering that compelling government interest.
249          (d) Notwithstanding Subsections (8)(a) and (c), the department or a local health
250     department shall allow reasonable accommodations for an individual to perform or participate
251     in a religious practice or rite.
252          (11) An order of constraint issued by a local health department pursuant to a declared
253     public health emergency does not apply to a facility, property, or area owned or leased by the
254     state, including the capitol hill complex, as that term is defined in Section 63C-9-102.
255          (12) A local health department may not:
256          (a) require a person to obtain an inspection, license, or permit from the local health
257     department to engage in a practice described in Subsection 58-11a-304(5); or
258          (b) prevent or limit a person's ability to engage in a practice described in Subsection
259     58-11a-304(5) by:
260          (i) requiring the person to engage in the practice at a specific location or at a particular
261     type of facility or location; or
262          (ii) enforcing a regulation applicable to a facility or location where the person chooses
263     to engage in the practice.