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7 LONG TITLE
8 General Description:
9 This bill expands the practice of cosmetology/barbering to include microneedling under
10 certain circumstances.
11 Highlighted Provisions:
12 This bill:
13 ▸ expands the practice of cosmetology/barbering for a person licensed as a
14 cosmetologist/barber to permit microneedling under certain circumstances,
15 including if needle penetration does not exceed 1.5 millimeters;
16 ▸ defines terms; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 58-11a-102, as last amended by Laws of Utah 2021, Chapter 115
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 58-11a-102 is amended to read:
28 58-11a-102. Definitions.
29 As used in this chapter:
30 (1) "Approved barber or cosmetologist/barber apprenticeship" means an apprenticeship
31 that meets the requirements of Subsection 58-11a-306(1) for barbers or Subsection
32 58-11a-306(2) for cosmetologist/barbers and the requirements established by rule by the
33 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
34 Administrative Rulemaking Act.
35 (2) "Approved esthetician apprenticeship" means an apprenticeship that meets the
36 requirements of Subsection 58-11a-306(4) and the requirements established by rule by the
37 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
38 Administrative Rulemaking Act.
39 (3) "Approved hair designer apprenticeship" means an apprenticeship that meets the
40 requirements of Subsection 58-11a-306(3) and the requirements established by rule by the
41 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
42 Administrative Rulemaking Act.
43 (4) "Approved master esthetician apprenticeship" means an apprenticeship that meets
44 the requirements of Subsection 58-11a-306(5) and the requirements established by rule by the
45 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
46 Administrative Rulemaking Act.
47 (5) "Approved nail technician apprenticeship" means an apprenticeship that meets the
48 requirements of Subsection 58-11a-306(6) and the requirements established by rule by the
49 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
50 Administrative Rulemaking Act.
51 (6) "Barber" means a person who is licensed under this chapter to engage in the
52 practice of barbering.
53 (7) "Barber instructor" means a barber who is licensed under this chapter to engage in
54 the practice of barbering instruction.
55 (8) "Board" means the Cosmetology and Associated Professions Licensing Board
56 created in Section 58-11a-201.
57 (9) "Cosmetic laser procedure" includes a nonablative procedure as defined in Section
58 58-67-102.
59 (10) "Cosmetic supervisor" means a supervisor as defined in Section 58-1-505.
60 (11) "Cosmetologist/barber" means a person who is licensed under this chapter to
61 engage in the practice of cosmetology/barbering.
62 (12) "Cosmetologist/barber instructor" means a cosmetologist/barber who is licensed
63 under this chapter to engage in the practice of cosmetology/barbering instruction.
64 (13) "Direct supervision" means that the supervisor of an apprentice or the instructor of
65 a student is immediately available for consultation, advice, instruction, and evaluation.
66 (14) "Electrologist" means a person who is licensed under this chapter to engage in the
67 practice of electrology.
68 (15) "Electrologist instructor" means an electrologist who is licensed under this chapter
69 to engage in the practice of electrology instruction.
70 (16) "Esthetician" means a person who is licensed under this chapter to engage in the
71 practice of esthetics.
72 (17) "Esthetician instructor" means a master esthetician who is licensed under this
73 chapter to engage in the practice of esthetics instruction.
74 (18) "Fund" means the Cosmetology and Associated Professions Education and
75 Enforcement Fund created in Section 58-11a-103.
76 (19) (a) "Hair braiding" means the twisting, weaving, or interweaving of a person's
77 natural human hair.
78 (b) "Hair braiding" includes the following methods or styles:
79 (i) African-style braiding;
80 (ii) box braids;
81 (iii) cornrows;
82 (iv) dreadlocks;
83 (v) french braids;
84 (vi) invisible braids;
85 (vii) micro braids;
86 (viii) single braids;
87 (ix) single plaits;
88 (x) twists;
89 (xi) visible braids;
90 (xii) the use of lock braids;
91 (xiii) the use of decorative beads, accessories, and extensions; and
92 (xiv) the use of wefts if applied without the use of glue or tape.
93 (c) "Hair braiding" does not include:
94 (i) the use of:
95 (A) wefts if applied with the use of glue or tape;
96 (B) synthetic tape;
97 (C) synthetic glue;
98 (D) keratin bonds;
99 (E) fusion bonds; or
100 (F) heat tools;
101 (ii) the cutting of human hair; or
102 (iii) the application of heat, dye, a reactive chemical, or other preparation to:
103 (A) alter the color of the hair; or
104 (B) straighten, curl, or alter the structure of the hair.
105 (20) "Hair designer" means a person who is licensed under this chapter to engage in the
106 practice of hair design.
107 (21) "Hair designer instructor" means a hair designer who is licensed under this chapter
108 to engage in the practice of hair design instruction.
109 (22) "Licensed barber or cosmetology/barber school" means a barber or
110 cosmetology/barber school licensed under this chapter.
111 (23) "Licensed electrology school" means an electrology school licensed under this
112 chapter.
113 (24) "Licensed esthetics school" means an esthetics school licensed under this chapter.
114 (25) "Licensed hair design school" means a hair design school licensed under this
115 chapter.
116 (26) "Licensed nail technology school" means a nail technology school licensed under
117 this chapter.
118 (27) "Master esthetician" means an individual who is licensed under this chapter to
119 engage in the practice of master-level esthetics.
120 (28) "Microneedling" means the use of multiple, tiny, solid needles designed to pierce
121 the skin:
122 (a) to stimulate collagen production or cellular renewal; and
123 (b) not for the purpose of treating a medical, physical, or mental ailment.
124 (29) "Microneedling device" means a mechanical or electrical apparatus used for
125 microneedling.
126 [
127 engage in the practice of nail technology.
128 [
129 chapter to engage in the practice of nail technology instruction.
130 [
131 (a) cutting, clipping, or trimming the hair of the head of any person by the use of
132 scissors, shears, clippers, or other appliances;
133 (b) draping, shampooing, scalp treatments, basic wet styling, and blow drying;
134 (c) removing hair from the face or neck of a person by the use of shaving equipment;
135 and
136 (d) when providing other services described in this Subsection [
137 massaging the head, back of the neck, and shoulders by manual or mechanical means.
138 [
139 at a licensed barber school, at a licensed cosmetology/barber school, or for an approved barber
140 apprenticeship.
141 [
142 procedures done on the body for cosmetic purposes and not for the treatment of medical,
143 physical, or mental ailments:
144 (a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or
145 masks, manual extraction, including a comedone extractor, depilatories, waxes, tweezing, the
146 application of eyelash or eyebrow extensions, natural nail manicures or pedicures, or callous
147 removal by buffing or filing;
148 (b) limited chemical exfoliation as defined by rule;
149 (c) removing superfluous hair by means other than electrolysis, except that an
150 individual is not required to be licensed as an esthetician to engage in the practice of threading;
151 (d) other esthetic preparations or procedures with the use of the hands, a
152 high-frequency or galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not
153 for the treatment of medical, physical, or mental ailments;
154 (e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, or applying
155 eyelash or eyebrow extensions; or
156 (f) except as provided in Subsection [
157 under the direct cosmetic medical procedure supervision of a cosmetic supervisor limited to the
158 following:
159 (i) superfluous hair removal which shall be under indirect supervision;
160 (ii) anti-aging resurfacing enhancements;
161 (iii) photo rejuvenation; or
162 (iv) tattoo removal.
163 [
164 (i) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
165 singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
166 person;
167 (ii) cutting, clipping, or trimming the hair by the use of scissors, shears, clippers, or
168 other appliances;
169 (iii) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, applying
170 eyelash or eyebrow extensions;
171 (iv) removing hair from the body of a person by the use of depilatories, waxing, or
172 shaving equipment;
173 (v) cutting, curling, styling, fitting, measuring, or forming caps for wigs or hairpieces
174 or both on the human head; [
175 (vi) practicing hair weaving or hair fusing or servicing previously medically implanted
176 hair[
177 (vii) microneedling using a microneedling device approved by the division if needle
178 penetration does not exceed 1.5 millimeters.
179 (b) The term "practice of cosmetology/barbering" includes:
180 (i) the practice of barbering;
181 (ii) the practice of basic esthetics; and
182 (iii) the practice of nail technology.
183 (c) An individual is not required to be licensed as a cosmetologist/barber to engage in
184 the practice of threading.
185 [
186 of cosmetology/barbering:
187 (a) at a licensed cosmetology/barber school, a licensed barber school, or a licensed nail
188 technology school; or
189 (b) for an approved cosmetologist/barber apprenticeship.
190 [
191 (a) the removal of superfluous hair from the body of a person by the use of electricity,
192 waxing, shaving, or tweezing; or
193 (b) cosmetic laser procedures under the supervision of a cosmetic supervisor limited to
194 superfluous hair removal.
195 [
196 electrology at a licensed electrology school.
197 [
198 esthetics or the practice of master-level esthetics:
199 (a) at a licensed esthetics school or a licensed cosmetology/barber school; or
200 (b) for an approved esthetician apprenticeship or an approved master esthetician
201 apprenticeship.
202 [
203 (a) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
204 singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
205 person;
206 (b) barbering, cutting, clipping, shaving, or trimming the hair by the use of scissors,
207 shears, clippers, or other appliances;
208 (c) cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or
209 both on the human head; or
210 (d) practicing hair weaving, hair fusing, or servicing previously medically implanted
211 hair.
212 [
213 design at a licensed cosmetology/barber school, a licensed hair design school, or a licensed
214 barber school.
215 [
216 (i) any of the following when done for cosmetic purposes on the body and not for the
217 treatment of medical, physical, or mental ailments:
218 (A) body wraps as defined by rule;
219 (B) hydrotherapy as defined by rule;
220 (C) chemical exfoliation as defined by rule;
221 (D) advanced pedicures as defined by rule;
222 (E) sanding, including microdermabrasion;
223 (F) advanced extraction;
224 (G) other esthetic preparations or procedures with the use of:
225 (I) the hands; or
226 (II) a mechanical or electrical apparatus which is approved for use by division rule for
227 beautifying or similar work performed on the body for cosmetic purposes and not for the
228 treatment of a medical, physical, or mental ailment; or
229 (H) cosmetic laser procedures under the supervision of a cosmetic supervisor with a
230 physician's evaluation before the procedure, as needed, unless specifically required under
231 Section 58-1-506, and limited to the following:
232 (I) superfluous hair removal;
233 (II) anti-aging resurfacing enhancements;
234 (III) photo rejuvenation; or
235 (IV) tattoo removal with a physician's, advanced practice nurse's, or physician
236 assistant's evaluation before the tattoo removal procedure, as required by Subsection
237 58-1-506(3)(a); and
238 (ii) lymphatic massage by manual or other means as defined by rule.
239 (b) Notwithstanding the provisions of Subsection [
240 esthetician may perform procedures listed in Subsection [
241 under the supervision of a cosmetic supervisor acting within the scope of the cosmetic
242 supervisor license.
243 (c) The term "practice of master-level esthetics" includes the practice of esthetics, but
244 an individual is not required to be licensed as an esthetician or master-level esthetician to
245 engage in the practice of threading.
246 [
247 massage, or enhance the appearance of the hands, feet, and nails of an individual by the use of
248 hands, mechanical, or electrical preparation, antiseptic, lotions, or creams, including the
249 application and removal of sculptured or artificial nails.
250 [
251 technology at a licensed nail technician school, at a licensed cosmetology/barber school, or for
252 an approved nail technician apprenticeship.
253 [
254 than Utah, whose students, upon graduation, are recognized as having completed the
255 educational requirements for licensure in that state.
256 [
257 school located in a state other than Utah, whose students, upon graduation, are recognized as
258 having completed the educational requirements for licensure in that state.
259 [
260 state other than Utah, whose students, upon graduation, are recognized as having completed the
261 educational requirements for licensure in that state.
262 [
263 other than Utah, whose students, upon graduation, are recognized as having completed the
264 educational requirements for licensure in that state.
265 [
266 state other than Utah, whose students, upon graduation, are recognized as having completed the
267 educational requirements for licensure in that state.
268 [
269 located in a state other than Utah, whose students, upon graduation, are recognized as having
270 completed the educational requirements for licensure in that state.
271 [
272 cosmetology/barbering, esthetics, electrology, or nail technology is practiced.
273 [
274 [
275 58-11a-501 and as may be further defined by rule by the division in collaboration with the
276 board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.