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7 LONG TITLE
8 General Description:
9 This bill creates state licenses related to eyelash and eyebrow technology.
10 Highlighted Provisions:
11 This bill:
12 ▸ establishes a state license for each of the following:
13 • an eyelash and eyebrow technician;
14 • an eyelash and eyebrow technician instructor; and
15 • an eyelash and eyebrow technology school;
16 ▸ modifies the membership of the Cosmetology and Associated Professions Licensing
17 Board;
18 ▸ provides for an eyelash and eyebrow technician apprenticeship; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 58-11a-102, as last amended by Laws of Utah 2021, Chapter 115
27 58-11a-201, as last amended by Laws of Utah 2017, Chapter 342
28 58-11a-301, as last amended by Laws of Utah 2017, Chapter 342
29 58-11a-302, as last amended by Laws of Utah 2021, Chapters 285, 409
30 58-11a-302.5, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 5
31 58-11a-304, as last amended by Laws of Utah 2021, Chapter 227
32 58-11a-306, as last amended by Laws of Utah 2020, Chapter 339
33 58-11a-501, as last amended by Laws of Utah 2023, Chapter 328
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 58-11a-102 is amended to read:
37 58-11a-102. Definitions.
38 As used in this chapter:
39 (1) "Approved barber or cosmetologist/barber apprenticeship" means an apprenticeship
40 that meets the requirements of Subsection 58-11a-306(1) for barbers or Subsection
41 58-11a-306(2) for cosmetologist/barbers and the requirements established by rule by the
42 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
43 Administrative Rulemaking Act.
44 (2) "Approved esthetician apprenticeship" means an apprenticeship that meets the
45 requirements of Subsection 58-11a-306(4) and the requirements established by rule by the
46 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
47 Administrative Rulemaking Act.
48 (3) "Approved eyelash and brow technician apprenticeship" means an apprenticeship
49 that meets the requirements of Subsection 58-11a-306(7) and the requirements established by
50 rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3,
51 Utah Administrative Rulemaking Act.
52 [
53 the requirements of Subsection 58-11a-306(3) and the requirements established by rule by the
54 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
55 Administrative Rulemaking Act.
56 [
57 meets the requirements of Subsection 58-11a-306(5) and the requirements established by rule
58 by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
59 Administrative Rulemaking Act.
60 [
61 the requirements of Subsection 58-11a-306(6) and the requirements established by rule by the
62 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
63 Administrative Rulemaking Act.
64 [
65 practice of barbering.
66 [
67 engage in the practice of barbering instruction.
68 [
69 created in Section 58-11a-201.
70 [
71 Section 58-67-102.
72 [
73 [
74 to engage in the practice of cosmetology/barbering.
75 [
76 licensed under this chapter to engage in the practice of cosmetology/barbering instruction.
77 [
78 instructor of a student is immediately available for consultation, advice, instruction, and
79 evaluation.
80 [
81 in the practice of electrology.
82 [
83 chapter to engage in the practice of electrology instruction.
84 [
85 in the practice of esthetics.
86 (18) "Eyelash and eyebrow technician" means a person who is licensed under this
87 chapter to engage in the practice of eyelash and eyebrow technology.
88 (19) "Eyelash and eyebrow technician instructor" means an eyelash and eyebrow
89 technician licensed under this chapter to engage in the practice of eyelash and eyebrow
90 technology instruction.
91 [
92 this chapter to engage in the practice of esthetics instruction.
93 [
94 Enforcement Fund created in Section 58-11a-103.
95 [
96 person's natural human hair.
97 (b) "Hair braiding" includes the following methods or styles:
98 (i) African-style braiding;
99 (ii) box braids;
100 (iii) cornrows;
101 (iv) dreadlocks;
102 (v) french braids;
103 (vi) invisible braids;
104 (vii) micro braids;
105 (viii) single braids;
106 (ix) single plaits;
107 (x) twists;
108 (xi) visible braids;
109 (xii) the use of lock braids;
110 (xiii) the use of decorative beads, accessories, and extensions; and
111 (xiv) the use of wefts if applied without the use of glue or tape.
112 (c) "Hair braiding" does not include:
113 (i) the use of:
114 (A) wefts if applied with the use of glue or tape;
115 (B) synthetic tape;
116 (C) synthetic glue;
117 (D) keratin bonds;
118 (E) fusion bonds; or
119 (F) heat tools;
120 (ii) the cutting of human hair; or
121 (iii) the application of heat, dye, a reactive chemical, or other preparation to:
122 (A) alter the color of the hair; or
123 (B) straighten, curl, or alter the structure of the hair.
124 [
125 engage in the practice of hair design.
126 [
127 chapter to engage in the practice of hair design instruction.
128 [
129 cosmetology/barber school licensed under this chapter.
130 [
131 this chapter.
132 [
133 chapter.
134 [
135 this chapter.
136 [
137 under this chapter.
138 [
139 to engage in the practice of master-level esthetics.
140 [
141 engage in the practice of nail technology.
142 [
143 chapter to engage in the practice of nail technology instruction.
144 [
145 (a) cutting, clipping, or trimming the hair of the head of any person by the use of
146 scissors, shears, clippers, or other appliances;
147 (b) draping, shampooing, scalp treatments, basic wet styling, and blow drying;
148 (c) removing hair from the face or neck of a person by the use of shaving equipment;
149 and
150 (d) when providing other services described in this Subsection [
151 massaging the head, back of the neck, and shoulders by manual or mechanical means.
152 [
153 at a licensed barber school, at a licensed cosmetology/barber school, or for an approved barber
154 apprenticeship.
155 [
156 procedures done on the body for cosmetic purposes and not for the treatment of medical,
157 physical, or mental ailments:
158 (a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or
159 masks, manual extraction, including a comedone extractor, depilatories, waxes, tweezing, the
160 application of eyelash or eyebrow extensions, natural nail manicures or pedicures, or callous
161 removal by buffing or filing;
162 (b) limited chemical exfoliation as defined by rule;
163 (c) removing superfluous hair by means other than electrolysis, except that an
164 individual is not required to be licensed as an esthetician to engage in the practice of threading;
165 (d) other esthetic preparations or procedures with the use of the hands, a
166 high-frequency or galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not
167 for the treatment of medical, physical, or mental ailments;
168 (e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes or eyebrows, or
169 applying eyelash or eyebrow extensions; or
170 (f) except as provided in Subsection [
171 under the direct cosmetic medical procedure supervision of a cosmetic supervisor limited to the
172 following:
173 (i) superfluous hair removal which shall be under indirect supervision;
174 (ii) anti-aging resurfacing enhancements;
175 (iii) photo rejuvenation; or
176 (iv) tattoo removal.
177 [
178 (i) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
179 singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
180 person;
181 (ii) cutting, clipping, or trimming the hair by the use of scissors, shears, clippers, or
182 other appliances;
183 (iii) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes or eyebrows,
184 applying eyelash or eyebrow extensions;
185 (iv) removing hair from the body of a person by the use of depilatories, waxing, or
186 shaving equipment;
187 (v) cutting, curling, styling, fitting, measuring, or forming caps for wigs or hairpieces
188 or both on the human head; or
189 (vi) practicing hair weaving or hair fusing or servicing previously medically implanted
190 hair.
191 (b) The term "practice of cosmetology/barbering" includes:
192 (i) the practice of barbering;
193 (ii) the practice of basic esthetics; [
194 (iii) the practice of nail technology[
195 (iv) the practice of eyelash and eyebrow technology.
196 (c) An individual is not required to be licensed as a cosmetologist/barber to engage in
197 the practice of threading.
198 [
199 of cosmetology/barbering:
200 (a) at a licensed cosmetology/barber school, a licensed barber school, [
201 nail technology school, or a licensed eyelash and eyebrow technology school; or
202 (b) for an approved cosmetologist/barber apprenticeship.
203 [
204 (a) the removal of superfluous hair from the body of a person by the use of electricity,
205 waxing, shaving, or tweezing; or
206 (b) cosmetic laser procedures under the supervision of a cosmetic supervisor limited to
207 superfluous hair removal.
208 [
209 electrology at a licensed electrology school.
210 [
211 esthetics or the practice of master-level esthetics:
212 (a) at a licensed esthetics school or a licensed cosmetology/barber school; or
213 (b) for an approved esthetician apprenticeship or an approved master esthetician
214 apprenticeship.
215 (41) "Practice of eyelash and eyebrow technology" means arching eyebrows, tinting
216 eyelashes or eyebrows, perming eyelashes or eyebrows, or applying eyelash or eyebrow
217 extensions.
218 (42) "Practice of eyelash and eyebrow technology instruction" means teaching the
219 practice of eyelash and eyebrow technology at a licensed eyelash and eyebrow technician
220 school, at a licensed cosmetology/barber school, or for an approved eyelash and eyebrow
221 technician apprenticeship.
222 [
223 (a) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
224 singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
225 person;
226 (b) barbering, cutting, clipping, shaving, or trimming the hair by the use of scissors,
227 shears, clippers, or other appliances;
228 (c) cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or
229 both on the human head; or
230 (d) practicing hair weaving, hair fusing, or servicing previously medically implanted
231 hair.
232 [
233 design at a licensed cosmetology/barber school, a licensed hair design school, or a licensed
234 barber school.
235 [
236 (i) any of the following when done for cosmetic purposes on the body and not for the
237 treatment of medical, physical, or mental ailments:
238 (A) body wraps as defined by rule;
239 (B) hydrotherapy as defined by rule;
240 (C) chemical exfoliation as defined by rule;
241 (D) advanced pedicures as defined by rule;
242 (E) sanding, including microdermabrasion;
243 (F) advanced extraction;
244 (G) other esthetic preparations or procedures with the use of:
245 (I) the hands; or
246 (II) a mechanical or electrical apparatus which is approved for use by division rule for
247 beautifying or similar work performed on the body for cosmetic purposes and not for the
248 treatment of a medical, physical, or mental ailment; or
249 (H) cosmetic laser procedures under the supervision of a cosmetic supervisor with a
250 physician's evaluation before the procedure, as needed, unless specifically required under
251 Section 58-1-506, and limited to the following:
252 (I) superfluous hair removal;
253 (II) anti-aging resurfacing enhancements;
254 (III) photo rejuvenation; or
255 (IV) tattoo removal with a physician's, advanced practice nurse's, or physician
256 assistant's evaluation before the tattoo removal procedure, as required by Subsection
257 58-1-506(3)(a); and
258 (ii) lymphatic massage by manual or other means as defined by rule.
259 (b) Notwithstanding the provisions of Subsection [
260 esthetician may perform procedures listed in Subsection [
261 under the supervision of a cosmetic supervisor acting within the scope of the cosmetic
262 supervisor license.
263 (c) The term "practice of master-level esthetics" includes the practice of esthetics, but
264 an individual is not required to be licensed as an esthetician or master-level esthetician to
265 engage in the practice of threading.
266 [
267 massage, or enhance the appearance of the hands, feet, and nails of an individual by the use of
268 hands, mechanical, or electrical preparation, antiseptic, lotions, or creams, including the
269 application and removal of sculptured or artificial nails.
270 [
271 technology at a licensed nail technician school, at a licensed cosmetology/barber school, or for
272 an approved nail technician apprenticeship.
273 [
274 than Utah, whose students, upon graduation, are recognized as having completed the
275 educational requirements for licensure in that state.
276 [
277 school located in a state other than Utah, whose students, upon graduation, are recognized as
278 having completed the educational requirements for licensure in that state.
279 [
280 state other than Utah, whose students, upon graduation, are recognized as having completed the
281 educational requirements for licensure in that state.
282 [
283 other than Utah, whose students, upon graduation, are recognized as having completed the
284 educational requirements for licensure in that state.
285 (52) "Recognized eyelash and eyebrow technology school" means an eyelash and
286 eyebrow technology school located in a state other than Utah, whose students, upon graduation,
287 are recognized as having completed the educational requirements for licensure in that state.
288 [
289 state other than Utah, whose students, upon graduation, are recognized as having completed the
290 educational requirements for licensure in that state.
291 [
292 located in a state other than Utah, whose students, upon graduation, are recognized as having
293 completed the educational requirements for licensure in that state.
294 [
295 cosmetology/barbering, esthetics, electrology, [
296 technology is practiced.
297 [
298 [
299 58-11a-501 and as may be further defined by rule by the division in collaboration with the
300 board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
301 Section 2. Section 58-11a-201 is amended to read:
302 58-11a-201. Board.
303 (1) There is created the Cosmetology and Associated Professions Licensing Board
304 consisting of the following [
305 (a) one barber or cosmetologist/barber;
306 (b) (i) one barber or cosmetologist/barber instructor; or
307 (ii) one representative of a licensed barber or cosmetology/barber school;
308 (c) one master esthetician;
309 (d) (i) one esthetician instructor; or
310 (ii) one representative of a licensed esthetics school;
311 (e) one nail technician;
312 (f) (i) one nail technician instructor; or
313 (ii) one representative of a licensed nail [
314 (g) one electrologist; [
315 (h) one eyelash and eyebrow technician;
316 (i) (i) one eyelash and eyebrow technician instructor; or
317 (ii) one representative of a licensed eyelash and eyebrow technology school; and
318 [
319 (2) (a) The board shall be appointed and serve in accordance with Section 58-1-201.
320 (b) (i) At least one of the members of the board appointed under Subsections (1)(b),
321 (d), and (f) shall be an instructor at or a representative of a public school.
322 (ii) At least one of the members of the board appointed under Subsections (1)(b), (d),
323 and (f) shall be an instructor at or a representative of a private school.
324 (3) The duties and responsibilities of the board are in accordance with Sections
325 58-1-202 and 58-1-203. In addition, the board shall designate one of its members on a
326 permanent or rotating basis to:
327 (a) assist the division in reviewing complaints concerning the unlawful or
328 unprofessional conduct of a licensee; and
329 (b) advise the division in its investigation of these complaints.
330 (4) A board member who has, under Subsection (3), reviewed a complaint or advised
331 in its investigation may be disqualified from participating with the board when the board serves
332 as a presiding officer in an adjudicative proceeding concerning the complaint.
333 Section 3. Section 58-11a-301 is amended to read:
334 58-11a-301. Licensure required -- License classifications.
335 (1) Except as specifically provided in Section 58-1-307 or 58-11a-304, a license is
336 required to:
337 (a) engage in the practice of:
338 (i) barbering;
339 (ii) barbering instruction;
340 (iii) cosmetology/barbering;
341 (iv) cosmetology/barbering instruction;
342 (v) electrology;
343 (vi) electrology instruction;
344 (vii) esthetics;
345 (viii) master-level esthetics;
346 (ix) esthetics instruction;
347 (x) hair design;
348 (xi) hair design instruction;
349 (xii) nail technology; [
350 (xiii) nail technology instruction; [
351 (xiv) eyelash and eyebrow technology; or
352 (xv) eyelash and eyebrow technology instruction; or
353 (b) operate:
354 (i) a barbering school;
355 (ii) a cosmetology/barbering school;
356 (iii) an electrology school;
357 (iv) an esthetics school;
358 (v) a hair design school; [
359 (vi) a nail technology school[
360 (vii) an eyelash and eyebrow technology school.
361 (2) The division shall issue to a person who qualifies under this chapter a license in the
362 following classifications:
363 (a) barber;
364 (b) barber instructor;
365 (c) barber school;
366 (d) cosmetologist/barber;
367 (e) cosmetologist/barber instructor;
368 (f) cosmetology/barber school;
369 (g) electrologist;
370 (h) electrologist instructor;
371 (i) electrology school;
372 (j) esthetician;
373 (k) master esthetician;
374 (l) esthetician instructor;
375 (m) esthetics school;
376 (n) hair designer;
377 (o) hair designer instructor;
378 (p) hair design school;
379 (q) nail [
380 (r) nail technology instructor; [
381 (s) nail technology school[
382 (t) eyelash and eyebrow technician;
383 (u) eyelash and eyebrow technology instructor; and
384 (v) eyelash and eyebrow technology school.
385 (3) A person who participates as an apprentice in an approved apprenticeship under
386 this chapter shall register with the division as described in Section 58-11a-306.
387 Section 4. Section 58-11a-302 is amended to read:
388 58-11a-302. Qualifications for licensure.
389 (1) Each applicant for licensure as a barber shall:
390 (a) submit an application in a form prescribed by the division;
391 (b) pay a fee determined by the department under Section 63J-1-504;
392 (c) provide satisfactory documentation of:
393 (i) graduation from a licensed or recognized barber school, or a licensed or recognized
394 cosmetology/barber school, whose curriculum consists of a minimum of 1,000 hours of
395 instruction, or the equivalent number of credit hours, over a period of not less than 25 weeks;
396 (ii) (A) graduation from a recognized barber school located in a state other than Utah
397 whose curriculum consists of less than 1,000 hours of instruction or the equivalent number of
398 credit hours; and
399 (B) practice as a licensed barber in a state other than Utah for not less than the number
400 of hours required to equal 1,000 total hours when added to the hours of instruction described in
401 Subsection (1)(c)(ii)(A); or
402 (iii) completion of an approved barber apprenticeship; and
403 (d) meet one of the following requirements established by rule:
404 (i) pass an examination that consists of a written theory portion and a practical portion;
405 or
406 (ii) pass a practical examination and provide the written attestation of a licensed barber
407 or cosmetologist/barber instructor who participated in the school or training under Subsection
408 (1)(c), stating that the applicant has the necessary training and skill to be a licensed barber.
409 (2) Each applicant for licensure as a barber instructor shall:
410 (a) submit an application in a form prescribed by the division;
411 (b) subject to Subsection [
412 Section 63J-1-504;
413 (c) provide satisfactory documentation that the applicant is currently licensed as a
414 barber;
415 (d) provide satisfactory documentation of completion of:
416 (i) an instructor training program conducted by a licensed or recognized school, as
417 defined by rule, consisting of a minimum of 250 hours or the equivalent number of credit
418 hours;
419 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
420 recognized school, as defined by rule, consisting of a minimum of 250 hours or the equivalent
421 number of credit hours; or
422 (iii) a minimum of 2,000 hours of experience as a barber; and
423 (e) meet the examination requirement established by rule.
424 (3) Each applicant for licensure as a barber school shall:
425 (a) submit an application in a form prescribed by the division;
426 (b) pay a fee determined by the department under Section 63J-1-504; and
427 (c) provide satisfactory documentation:
428 (i) of appropriate registration with the Division of Corporations and Commercial Code;
429 (ii) of business licensure from the city, town, or county in which the school is located;
430 (iii) that the applicant's physical facilities comply with the requirements established by
431 rule; and
432 (iv) that the applicant meets:
433 (A) the standards for barber schools, including staff and accreditation requirements,
434 established by rule; and
435 (B) the requirements for recognition as an institution of postsecondary study as
436 described in Subsection [
437 (4) Each applicant for licensure as a cosmetologist/barber shall:
438 (a) submit an application in a form prescribed by the division;
439 (b) pay a fee determined by the department under Section 63J-1-504;
440 (c) provide satisfactory documentation of:
441 (i) graduation from a licensed or recognized cosmetology/barber school whose
442 curriculum consists of a minimum of 1,600 hours of instruction, or the equivalent number of
443 credit hours, with full flexibility within those hours;
444 (ii) (A) graduation from a recognized cosmetology/barber school located in a state
445 other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
446 equivalent number of credit hours, with full flexibility within those hours; and
447 (B) practice as a licensed cosmetologist/barber in a state other than Utah for not less
448 than the number of hours required to equal 1,600 total hours when added to the hours of
449 instruction described in Subsection (4)(c)(ii)(A); or
450 (iii) completion of an approved cosmetology/barber apprenticeship; and
451 (d) meet the examination requirement established by rule.
452 (5) Each applicant for licensure as a cosmetologist/barber instructor shall:
453 (a) submit an application in a form prescribed by the division;
454 (b) subject to Subsection [
455 Section 63J-1-504;
456 (c) provide satisfactory documentation that the applicant is currently licensed as a
457 cosmetologist/barber;
458 (d) provide satisfactory documentation of completion of:
459 (i) an instructor training program conducted by a licensed or recognized school, as
460 defined by rule, consisting of a minimum of 400 hours or the equivalent number of credit
461 hours;
462 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
463 recognized school, as defined by rule, consisting of a minimum of 400 hours or the equivalent
464 number of credit hours; or
465 (iii) a minimum of 3,000 hours of experience as a cosmetologist/barber; and
466 (e) meet the examination requirement established by rule.
467 (6) Each applicant for licensure as a cosmetologist/barber school shall:
468 (a) submit an application in a form prescribed by the division;
469 (b) pay a fee determined by the department under Section 63J-1-504; and
470 (c) provide satisfactory documentation:
471 (i) of appropriate registration with the Division of Corporations and Commercial Code;
472 (ii) of business licensure from the city, town, or county in which the school is located;
473 (iii) that the applicant's physical facilities comply with the requirements established by
474 rule; and
475 (iv) that the applicant meets:
476 (A) the standards for cosmetology schools, including staff and accreditation
477 requirements, established by rule; and
478 (B) the requirements for recognition as an institution of postsecondary study as
479 described in Subsection [
480 (7) Each applicant for licensure as an electrologist shall:
481 (a) submit an application in a form prescribed by the division;
482 (b) pay a fee determined by the department under Section 63J-1-504;
483 (c) provide satisfactory documentation of having graduated from a licensed or
484 recognized electrology school after completing a curriculum of 600 hours of instruction or the
485 equivalent number of credit hours; and
486 (d) meet the examination requirement established by rule.
487 (8) Each applicant for licensure as an electrologist instructor shall:
488 (a) submit an application in a form prescribed by the division;
489 (b) subject to Subsection [
490 Section 63J-1-504;
491 (c) provide satisfactory documentation that the applicant is currently licensed as an
492 electrologist;
493 (d) provide satisfactory documentation of completion of:
494 (i) an instructor training program conducted by a licensed or recognized school, as
495 defined by rule, consisting of a minimum of 150 hours or the equivalent number of credit
496 hours;
497 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
498 recognized school, as defined by rule, consisting of a minimum of 150 hours or the equivalent
499 number of credit hours; or
500 (iii) a minimum of 1,000 hours of experience as an electrologist; and
501 (e) meet the examination requirement established by rule.
502 (9) Each applicant for licensure as an electrologist school shall:
503 (a) submit an application in a form prescribed by the division;
504 (b) pay a fee determined by the department under Section 63J-1-504; and
505 (c) provide satisfactory documentation:
506 (i) of appropriate registration with the Division of Corporations and Commercial Code;
507 (ii) of business licensure from the city, town, or county in which the school is located;
508 (iii) that the applicant's facilities comply with the requirements established by rule; and
509 (iv) that the applicant meets:
510 (A) the standards for electrologist schools, including staff, curriculum, and
511 accreditation requirements, established by rule; and
512 (B) the requirements for recognition as an institution of postsecondary study as
513 described in Subsection [
514 (10) Each applicant for licensure as an esthetician shall:
515 (a) submit an application in a form prescribed by the division;
516 (b) pay a fee determined by the department under Section 63J-1-504;
517 (c) provide satisfactory documentation of one of the following:
518 (i) graduation from a licensed or recognized esthetic school or a licensed or recognized
519 cosmetology/barber school whose curriculum consists of not less than 15 weeks of esthetic
520 instruction with a minimum of 600 hours or the equivalent number of credit hours;
521 (ii) completion of an approved esthetician apprenticeship; or
522 (iii) (A) graduation from a recognized cosmetology/barber school located in a state
523 other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
524 equivalent number of credit hours, with full flexibility within those hours; and
525 (B) practice as a licensed cosmetologist/barber for not less than the number of hours
526 required to equal 1,600 total hours when added to the hours of instruction described in
527 Subsection (10)(c)(iii)(A); and
528 (d) meet the examination requirement established by division rule.
529 (11) Each applicant for licensure as a master esthetician shall:
530 (a) submit an application in a form prescribed by the division;
531 (b) pay a fee determined by the department under Section 63J-1-504;
532 (c) provide satisfactory documentation of:
533 (i) completion of at least 1,200 hours of training, or the equivalent number of credit
534 hours, at a licensed or recognized esthetics school, except that up to 600 hours toward the
535 1,200 hours may have been completed:
536 (A) at a licensed or recognized cosmetology/barbering school, if the applicant
537 graduated from the school and its curriculum consisted of at least 1,600 hours of instruction, or
538 the equivalent number of credit hours, with full flexibility within those hours; or
539 (B) at a licensed or recognized cosmetology/barber school located in a state other than
540 Utah, if the applicant graduated from the school and its curriculum contained full flexibility
541 within its hours of instruction; or
542 (ii) completion of an approved master esthetician apprenticeship;
543 (d) if the applicant will practice lymphatic massage, provide satisfactory
544 documentation to show completion of 200 hours of training, or the equivalent number of credit
545 hours, in lymphatic massage as defined by division rule; and
546 (e) meet the examination requirement established by division rule.
547 (12) Each applicant for licensure as an esthetician instructor shall:
548 (a) submit an application in a form prescribed by the division;
549 (b) subject to Subsection [
550 Section 63J-1-504;
551 (c) provide satisfactory documentation that the applicant is currently licensed as a
552 master esthetician;
553 (d) provide satisfactory documentation of completion of:
554 (i) an instructor training program conducted by a licensed or recognized school, as
555 defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
556 hours;
557 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
558 recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
559 number of credit hours; or
560 (iii) a minimum of 1,000 hours of experience in esthetics; and
561 (e) meet the examination requirement established by rule.
562 (13) Each applicant for licensure as an esthetics school shall:
563 (a) submit an application in a form prescribed by the division;
564 (b) pay a fee determined by the department under Section 63J-1-504; and
565 (c) provide satisfactory documentation:
566 (i) of appropriate registration with the Division of Corporations and Commercial Code;
567 (ii) of business licensure from the city, town, or county in which the school is located;
568 (iii) that the applicant's physical facilities comply with the requirements established by
569 rule; and
570 (iv) that the applicant meets:
571 (A) the standards for esthetics schools, including staff, curriculum, and accreditation
572 requirements, established by division rule made in collaboration with the board; and
573 (B) the requirements for recognition as an institution of postsecondary study as
574 described in Subsection [
575 (14) Each applicant for licensure as a hair designer shall:
576 (a) submit an application in a form prescribed by the division;
577 (b) pay a fee determined by the department under Section 63J-1-504;
578 (c) provide satisfactory documentation of:
579 (i) graduation from a licensed or recognized cosmetology/barber, hair design, or
580 barbering school whose curriculum consists of a minimum of 1,200 hours of instruction, or the
581 equivalent number of credit hours, with full flexibility within those hours;
582 (ii) (A) graduation from a recognized cosmetology/barber, hair design, or barbering
583 school located in a state other than Utah whose curriculum consists of less than 1,200 hours of
584 instruction, or the equivalent number of credit hours, with full flexibility within those hours;
585 and
586 (B) practice as a licensed cosmetologist/barber or hair designer in a state other than
587 Utah for not less than the number of hours required to equal 1,200 total hours when added to
588 the hours of instruction described in Subsection (14)(c)(ii)(A);
589 (iii) being a state licensed cosmetologist/barber; or
590 (iv) completion of an approved hair designer apprenticeship; and
591 (d) meet the examination requirements established by rule.
592 (15) Each applicant for licensure as a hair designer instructor shall:
593 (a) submit an application in a form prescribed by the division;
594 (b) subject to Subsection [
595 Section 63J-1-504;
596 (c) provide satisfactory documentation that the applicant is currently licensed as a hair
597 designer or as a cosmetologist/barber;
598 (d) provide satisfactory documentation of completion of:
599 (i) an instructor training program conducted by a licensed or recognized school, as
600 defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
601 hours;
602 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
603 recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
604 number of credit hours; or
605 (iii) a minimum of 2,500 hours of experience as a hair designer or as a
606 cosmetologist/barber; and
607 (e) meet the examination requirement established by rule.
608 (16) Each applicant for licensure as a hair design school shall:
609 (a) submit an application in a form prescribed by the division;
610 (b) pay a fee determined by the department under Section 63J-1-504; and
611 (c) provide satisfactory documentation:
612 (i) of appropriate registration with the Division of Corporations and Commercial Code;
613 (ii) of business licensure from the city, town, or county in which the school is located;
614 (iii) that the applicant's physical facilities comply with the requirements established by
615 rule; and
616 (iv) that the applicant meets:
617 (A) the standards for a hair design school, including staff and accreditation
618 requirements, established by rule; and
619 (B) the requirements for recognition as an institution of postsecondary study as
620 described in Subsection [
621 (17) Each applicant for licensure as a nail technician shall:
622 (a) submit an application in a form prescribed by the division;
623 (b) pay a fee determined by the department under Section 63J-1-504;
624 (c) provide satisfactory documentation of:
625 (i) graduation from a licensed or recognized nail technology school, or a licensed or
626 recognized cosmetology/barber school, whose curriculum consists of not less than 300 hours of
627 instruction, or the equivalent number of credit hours;
628 (ii) (A) graduation from a recognized nail technology school located in a state other
629 than Utah whose curriculum consists of less than 300 hours of instruction or the equivalent
630 number of credit hours; and
631 (B) practice as a licensed nail technician in a state other than Utah for not less than the
632 number of hours required to equal 300 total hours when added to the hours of instruction
633 described in Subsection (17)(c)(ii)(A); or
634 (iii) completion of an approved nail technician apprenticeship; and
635 (d) meet the examination requirement established by division rule.
636 (18) Each applicant for licensure as a nail technician instructor shall:
637 (a) submit an application in a form prescribed by the division;
638 (b) subject to Subsection [
639 Section 63J-1-504;
640 (c) provide satisfactory documentation that the applicant is currently licensed as a nail
641 technician;
642 (d) provide satisfactory documentation of completion of:
643 (i) an instructor training program conducted by a licensed or recognized school, as
644 defined by rule, consisting of a minimum of 75 hours or the equivalent number of credit hours;
645 (ii) an on-the-job instructor training program conducted by a licensed instructor at a
646 licensed or recognized school, as defined by rule, consisting of a minimum of 75 hours or the
647 equivalent number of credit hours; or
648 (iii) a minimum of 600 hours of experience in nail technology; and
649 (e) meet the examination requirement established by rule.
650 (19) Each applicant for licensure as a nail technology school shall:
651 (a) submit an application in a form prescribed by the division;
652 (b) pay a fee determined by the department under Section 63J-1-504; and
653 (c) provide satisfactory documentation:
654 (i) of appropriate registration with the Division of Corporations and Commercial Code;
655 (ii) of business licensure from the city, town, or county in which the school is located;
656 (iii) that the applicant's facilities comply with the requirements established by rule; and
657 (iv) that the applicant meets:
658 (A) the standards for nail technology schools, including staff, curriculum, and
659 accreditation requirements, established by rule; and
660 (B) the requirements for recognition as an institution of postsecondary study as
661 described in Subsection [
662 (20) Each applicant for licensure as an eyelash and eyebrow technician shall:
663 (a) submit an application in a form prescribed by the division;
664 (b) pay a fee determined by the department under Section 63J-1-504;
665 (c) provide satisfactory documentation of:
666 (i) completion of a course or program in eyelash and eyebrow technology from a
667 licensed or recognized eyelash and eyebrow technology school or a licensed or recognized
668 cosmetology/barber school, whose curriculum consists of not less than 100 hours of
669 instruction, or the equivalent number of credit hours;
670 (ii) (A) completion of a course or program in eyelash and eyebrow technology from a
671 recognized eyebrow and eyelash technology school or recognized cosmetology/barber school
672 located in a state other than Utah whose curriculum consists of less than 100 hours of
673 instruction or the equivalent number of credit hours; and
674 (B) practice as a licensed eyelash and eyebrow technician in a state other than Utah for
675 not less than the number of hours required to equal 100 total hours when added to the hours of
676 instruction described in Subsection (20)(c)(ii)(A); or
677 (iii) completion of an approved eyelash and eyebrow apprenticeship; and
678 (d) meet the examination requirement established by division rule.
679 (21) Each applicant for licensure as an eyelash and eyebrow technician instructor shall:
680 (a) submit an application in a form prescribed by the division;
681 (b) subject to Subsection (27), pay a fee determined by the department under Section
682 63J-1-504;
683 (c) provide satisfactory documentation that the applicant is currently licensed as an
684 eyelash and eyebrow technician;
685 (d) provide satisfactory documentation of:
686 (i) an instructor training program conducted by a licensed or recognized school, as
687 defined by rule, consisting of a minimum of 25 hours or the equivalent number of credit hours;
688 (ii) an on-the-job instructor training program conducted by a licensed instructor at a
689 licensed or recognized school, as defined by rule, consisting of a minimum of 25 hours or the
690 equivalent number of credit hours; or
691 (iii) a minimum of 200 hours of experience in eyelash and eyebrow technology; and
692 (e) meet the examination requirement established by division rule.
693 (22) Each applicant for licensure as an eyelash and eyebrow technology school shall:
694 (a) submit an application in a form prescribed by the division;
695 (b) pay a fee determined by the department under Section 63J-1-504; and
696 (c) provide satisfactory documentation:
697 (i) of appropriate registration with the Division of Corporations and Commercial Code;
698 (ii) of business licensure from the city, town, or county in which the school is located;
699 (iii) that the applicant's facilities comply with the requirements established by rule; and
700 (iv) that the applicant meets:
701 (A) the standards for eyelash and eyebrow technology schools, including staff,
702 curriculum, and accreditation requirements, established by rule; and
703 (B) the requirements for recognition as an institution of postsecondary study as
704 described in Subsection (25).
705 [
706 for which a license is sought was completed at a foreign school may satisfy the educational
707 requirement for licensure by demonstrating, to the satisfaction of the division, the educational
708 equivalency of the foreign school education with a licensed school under this chapter.
709 [
710 hours towards graduation for documented, relevant, and substantially equivalent coursework
711 previously completed by:
712 (i) a student that did not complete the student's education while attending a different
713 school; or
714 (ii) a licensee of any other profession listed in this section, based on the licensee's
715 schooling, apprenticeship, or experience.
716 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
717 consistent with this section, the division may make rules governing the acceptance of credit
718 hours under Subsection [
719 [
720 recognition as an institution of postsecondary study by meeting the following conditions:
721 (a) the school shall admit as a regular student only an individual who has earned a
722 recognized high school diploma or the equivalent of a recognized high school diploma, or who
723 is beyond the age of compulsory high school attendance as prescribed by Title 53G, Chapter 6,
724 Part 2, Compulsory Education; and
725 (b) the school shall be licensed by name, or in the case of an applicant, shall apply for
726 licensure by name, under this chapter to offer one or more training programs beyond the
727 secondary level.
728 [
729 in an approved apprenticeship shall register with the division as described in Section
730 58-11a-306.
731 [
732 any type of instructor under this chapter if the person is not a licensed instructor in any other
733 profession under this chapter.
734 [
735 may offer any required examination under this section, which is prepared by a national testing
736 organization, in languages in addition to English.
737 Section 5. Section 58-11a-302.5 is amended to read:
738 58-11a-302.5. Online curriculum for a licensed school.
739 A barber school, cosmetology/barber school, electrologist school, esthetics school, hair
740 design school, [
741 under this chapter may offer up to 50% of the school's total per program curriculum online in
742 accordance with standards adopted by an applicable nationally recognized accrediting
743 organization.
744 Section 6. Section 58-11a-304 is amended to read:
745 58-11a-304. Exemptions from licensure.
746 In addition to the exemptions from licensure in Section 58-1-307, the following persons
747 may engage in the practice of barbering, cosmetology/barbering, hair design, esthetics,
748 master-level esthetics, electrology, [
749 without being licensed under this chapter:
750 (1) a person licensed under the laws of this state to engage in the practice of medicine,
751 surgery, osteopathy, or chiropractic when engaged in the practice of the profession for which
752 they are licensed;
753 (2) a commissioned physician or surgeon serving in the armed forces of the United
754 States or another federal agency;
755 (3) a registered nurse, undertaker, or mortician licensed under the laws of this state
756 when engaged in the practice of the profession for which the person is licensed;
757 (4) a person who visits the state to engage in instructional seminars, advanced classes,
758 trade shows, or competitions of a limited duration;
759 (5) a person who engages in the practice of barbering, cosmetology/barbering, hair
760 design, esthetics, master-level esthetics, electrology, [
761 eyebrow technology without compensation;
762 (6) a person instructing an adult education class or other educational program directed
763 toward persons who are not licensed under this chapter and that is not intended to train persons
764 to become licensed under this chapter, provided:
765 (a) an attendee receives no credit toward educational requirements for licensure under
766 this chapter;
767 (b) the instructor informs each attendee in writing that taking such a class or program
768 will not certify or qualify the attendee to perform a service for compensation that requires
769 licensure under this chapter; and
770 (c) (i) the instructor is properly licensed; or
771 (ii) the instructor receives no compensation;
772 (7) a person providing instruction in workshops, seminars, training meetings, or other
773 educational programs whose purpose is to provide continuing professional development to
774 licensed barbers, cosmetologists/barbers, hair designers, estheticians, master estheticians,
775 electrologists, or nail technicians;
776 (8) a person enrolled in a licensed barber, cosmetology/barber, or hair design school
777 when participating in an on the job training internship under the direct supervision of a licensed
778 barber, cosmetologist/barber, or hair designer upon completion of a basic program under the
779 standards established by rule by the division in collaboration with the board;
780 (9) a person enrolled in an approved apprenticeship pursuant to Section 58-11a-306;
781 (10) an employee of a company that is primarily engaged in the business of selling
782 products used in the practice of barbering, cosmetology/barbering, hair design, esthetics,
783 master-level esthetics, electrology, [
784 when demonstrating the company's products to a potential customer, provided the employee
785 makes no representation to a potential customer that attending such a demonstration will certify
786 or qualify the attendee to perform a service for compensation that requires licensure under this
787 chapter;
788 (11) a person who:
789 (a) is qualified to engage in the practice of barbering, cosmetology/barbering, hair
790 design, esthetics, master-level esthetics, electrology, [
791 eyebrow technology in another jurisdiction as evidenced by licensure, certification, or lawful
792 practice in the other jurisdiction;
793 (b) is employed by, or under contract with, a motion picture company; and
794 (c) engages in the practice of barbering, cosmetology/barbering, hair design, esthetics,
795 master-level esthetics, electrology, [
796 the state:
797 (i) solely to assist in the production of a motion picture; and
798 (ii) for no more than 120 days per calendar year;
799 (12) a person who:
800 (a) engages in hair braiding; and
801 (b) unless it is expressly exempted under this section or Section 58-1-307, does not
802 engage in other activity requiring licensure under this chapter; and
803 (13) a person who:
804 (a) dries, styles, arranges, dresses, curls, hot irons, shampoos, or conditions hair;
805 (b) does not cut the hair;
806 (c) does not apply dye to alter the color of the hair;
807 (d) does not apply reactive chemicals to straighten, curl, or alter the structure of the
808 hair;
809 (e) unless it is expressly exempted under this section or Section 58-1-307, does not
810 engage in other activity requiring licensure under this chapter; [
811 (f) provides evidence to the division that the person has received a hair safety permit
812 from completing a hair safety program that:
813 (i) is approved by the division;
814 (ii) consists of no more than two hours of instruction;
815 (iii) is offered by a provider approved by the division; and
816 (iv) includes an examination that requires a passing score of 75%; and
817 (g) displays in a conspicuous location in the person's place of business:
818 (i) a valid hair safety permit as described in Subsection (13)(f); and
819 (ii) a sign notifying the public that the person's services are not provided by an
820 individual who has a license under this chapter.
821 Section 7. Section 58-11a-306 is amended to read:
822 58-11a-306. Apprenticeship.
823 (1) An approved barber apprenticeship shall:
824 (a) consist of not less than 1,250 hours of training; and
825 (b) be conducted by a supervisor who:
826 (i) is licensed under this chapter as a barber instructor or a cosmetology/barber
827 instructor; and
828 (ii) provides one-on-one direct supervision of the barber apprentice during the
829 apprenticeship program.
830 (2) An approved cosmetologist/barber apprenticeship shall:
831 (a) consist of not less than 2,500 hours of training; and
832 (b) be conducted by a supervisor who:
833 (i) is licensed under this chapter as a cosmetologist/barber instructor; and
834 (ii) provides one-on-one direct supervision of the cosmetologist/barber apprentice
835 during the apprenticeship program.
836 (3) An approved hair designer apprenticeship shall:
837 (a) consist of not less than 1,600 hours of training; and
838 (b) be conducted by a supervisor who:
839 (i) is licensed under this chapter as a hair designer instructor or a cosmetologist/barber
840 instructor; and
841 (ii) provides one-on-one direct supervision of the hair designer apprentice during the
842 apprenticeship program.
843 (4) An approved esthetician apprenticeship shall:
844 (a) consist of not less than 800 hours of training; and
845 (b) be conducted by a supervisor who:
846 (i) is licensed under this chapter as an esthetician instructor; and
847 (ii) provides one-on-one direct supervision of the esthetician apprentice during the
848 apprenticeship program.
849 (5) An approved master esthetician apprenticeship shall:
850 (a) consist of not less than 1,500 hours of training; and
851 (b) be conducted by a supervisor who:
852 (i) is licensed under this chapter as a master-level esthetician instructor; and
853 (ii) provides one-on-one direct supervision of the master esthetician apprentice during
854 the apprenticeship program.
855 (6) An approved nail technician apprenticeship shall:
856 (a) consist of not less than 375 hours of training; and
857 (b) be conducted by a supervisor who:
858 (i) is licensed under this chapter as a nail technician instructor or a cosmetology/barber
859 instructor;
860 (ii) provides direct supervision of the nail technician apprentice during the
861 apprenticeship program; and
862 (iii) provides direct supervision to no more than two nail technician apprentices during
863 the apprentice program.
864 (7) An approved eyelash and eyebrow technician apprenticeship shall:
865 (a) consist of not less than 125 hours of training; and
866 (b) be conducted by a supervisor who:
867 (i) is licensed under this chapter as an eyelash and eyebrow technician instructor or a
868 cosmetology/barber instructor;
869 (ii) provides direct supervision of the eyelash and eyebrow technician apprentice
870 during the apprenticeship program; and
871 (iii) provides direct supervision to no more than two eyelash and eyebrow technician
872 apprentices during the apprenticeship program.
873 [
874 apprenticeship under this chapter shall:
875 (a) register with the division before beginning the training requirements by:
876 (i) submitting a form prescribed by the division, which includes the name of the
877 licensed supervisor; and
878 (ii) paying a fee determined by the department under Section 63J-1-504;
879 (b) complete the apprenticeship within five years of the date on which the division
880 approves the registration; and
881 (c) notify the division within 30 days if the licensed supervisor changes after the
882 registration is approved by the division.
883 [
884 licensure by apprenticing in an approved apprenticeship under this chapter registers with the
885 division before January 1, 2017, any training requirements completed by the person as an
886 apprentice in an approved apprenticeship before registration may be applied to successful
887 completion of the approved apprenticeship.
888 Section 8. Section 58-11a-501 is amended to read:
889 58-11a-501. Unprofessional conduct.
890 Unprofessional conduct includes:
891 (1) failing as a licensed school to obtain or maintain accreditation as required by rule;
892 (2) failing as a licensed school to comply with the standards of accreditation applicable
893 to such schools;
894 (3) failing as a licensed school to provide adequate instruction to enrolled students;
895 (4) failing as an apprentice supervisor to provide direct supervision to the apprentice;
896 (5) failing as an instructor to provide direct supervision to students who are providing
897 services to an individual under the instructor's supervision;
898 (6) failing as an apprentice supervisor to comply with division rules relating to
899 apprenticeship programs under this chapter;
900 (7) keeping a salon or school, its furnishing, tools, utensils, linen, or appliances in an
901 unsanitary condition;
902 (8) failing to comply with Title 26B, Utah Health and Human Services Code;
903 (9) failing to display licenses or certificates as required under Section 58-11a-305;
904 (10) failing to comply with physical facility requirements established by rule;
905 (11) failing to maintain mechanical or electrical equipment in safe operating condition;
906 (12) failing to adequately monitor patrons using steam rooms, dry heat rooms, baths,
907 showers, or saunas;
908 (13) prescribing or administering prescription drugs;
909 (14) failing to comply with all applicable state and local health or sanitation laws;
910 (15) engaging in any act or practice in a professional capacity that is outside the
911 applicable scope of practice;
912 (16) engaging in any act or practice in a professional capacity which the licensee is not
913 competent to perform through education or training;
914 (17) in connection with the use of a chemical exfoliant, unless under the supervision of
915 a licensed health care practitioner acting within the scope of his or her license:
916 (a) using any acid, concentration of an acid, or combination of treatments which
917 violates the standards established by rule;
918 (b) removing any layer of skin deeper than the stratum corneum of the epidermis; or
919 (c) using an exfoliant that contains phenol, TCA acid of over 15%, or BCA acid;
920 (18) in connection with the sanding of the skin, unless under the supervision of a
921 licensed health care practitioner acting within the scope of his or her license, removing any
922 layer of skin deeper than the stratum corneum of the epidermis;
923 (19) using as a barber, cosmetologist/barber, [
924 eyebrow technician any laser procedure or intense, pulsed light source, except that nothing in
925 this chapter precludes an individual licensed under this chapter from using a nonprescriptive
926 laser device; or
927 (20) failing to comply with a judgment order from a court of competent jurisdiction
928 resulting from the failure to pay outstanding tuition or education costs incurred to comply with
929 this chapter.
930 Section 9. Effective date.
931 This bill takes effect on May 1, 2024.