Representative Christine F. Watkins proposes the following substitute bill:


1     
COSMETOLOGY LICENSING AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: David P. Hinkins

5     
House Sponsor: Christine F. Watkins

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Cosmetology and Associated Professions Licensing.
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          ▸     clarifies the definition of "direct supervision";
17          ▸     allows a licensed instructor to teach the instructor's scope of practice at any licensed
18     school;
19          ▸     modifies the membership of the Cosmetology and Associated Professions Licensing
20     Board;
21          ▸     reduces the training and experience requirements for the following licenses:
22               •     a barber instructor;
23               •     a cosmetologist/barber instructor;
24               •     an electrologist instructor;
25               •     an esthetician instructor;
26               •     a hair designer instructor; and
27               •     a nail technician instructor;
28          ▸     provides for an eyelash and eyebrow technician apprenticeship; and
29          ▸     makes technical and conforming changes.
30     Money Appropriated in this Bill:
31          None
32     Other Special Clauses:
33          None
34     Utah Code Sections Affected:
35     AMENDS:
36          58-11a-102, as last amended by Laws of Utah 2021, Chapter 115
37          58-11a-201, as last amended by Laws of Utah 2017, Chapter 342
38          58-11a-301, as last amended by Laws of Utah 2017, Chapter 342
39          58-11a-302, as last amended by Laws of Utah 2021, Chapters 285, 409
40          58-11a-304, as last amended by Laws of Utah 2021, Chapter 227
41          58-11a-306, as last amended by Laws of Utah 2020, Chapter 339
42          58-11a-501, as last amended by Laws of Utah 2023, Chapter 328
43     

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