02-24 12:21 S.B. 330
1
Cosmetology Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
House Sponsor:
2
3
LONG TITLE
4
General Description:
5
This bill restructures the licensing standards for the Cosmetology and Associated
6
Professions Licensing Act.
7
Highlighted Provisions:
8
This bill:
9
▸ defines terms;
10
▸ creates a scope of practice for professionals regulated by the Cosmetology and Associated
11
Professions Licensing Act;
12
▸ restructures the existing Cosmetology and Associated Professions Licensing Board;
13
▸ restructures the license classifications regulated by the Cosmetology and Associated
14
Professions Licensing Act;
15
▸ restructures the qualifications for licensure for professionals regulated by the
16
Cosmetology and Associated Professions Licensing Act;
17
▸ establishes standards for apprenticeship for professionals regulated by the Cosmetology
18
and Associated Professions Licensing Act;
19
▸ addresses unprofessional conduct;
20
▸ allows a school to receive curriculum approval from the Division of Professional
21
Licensing; and
22
▸ makes technical and conforming changes.
23
Money Appropriated in this Bill:
24
None
25
Other Special Clauses:
26
This bill provides a special effective date.
27
Utah Code Sections Affected:
28
AMENDS:
29
58-1-102, as last amended by Laws of Utah 2024, Chapter 486
30
58-1-506, as last amended by Laws of Utah 2024, Chapter 486
S.B. 330 S.B. 330 02-24 12:21
31
58-11a-201, as last amended by Laws of Utah 2024, Chapter 479
32
58-11a-303, as last amended by Laws of Utah 2001, Chapter 204
33
58-11a-304, as last amended by Laws of Utah 2024, Chapter 479
34
58-11a-503, as last amended by Laws of Utah 2020, Chapter 339
35
58-67-102, as last amended by Laws of Utah 2024, Chapter 507
36
58-68-102, as last amended by Laws of Utah 2024, Chapter 507
37
ENACTS:
38
58-11a-302.10, Utah Code Annotated 1953
39
58-11a-302.11, Utah Code Annotated 1953
40
58-11a-302.12, Utah Code Annotated 1953
41
58-11a-302.13, Utah Code Annotated 1953
42
58-11a-302.14, Utah Code Annotated 1953
43
58-11a-302.15, Utah Code Annotated 1953
44
58-11a-302.16, Utah Code Annotated 1953
45
58-11a-302.17, Utah Code Annotated 1953
46
58-11a-302.18, Utah Code Annotated 1953
47
58-11a-302.19, Utah Code Annotated 1953
48
58-11a-302.20, Utah Code Annotated 1953
49
58-11a-302.21, Utah Code Annotated 1953
50
58-11a-302.22, Utah Code Annotated 1953
51
REPEALS AND REENACTS:
52
58-11a-102, as last amended by Laws of Utah 2024, Chapter 479
53
58-11a-301, as last amended by Laws of Utah 2024, Chapter 479
54
58-11a-302, as last amended by Laws of Utah 2024, Chapters 137, 479
55
58-11a-306, as last amended by Laws of Utah 2024, Chapter 479
56
58-11a-501, as last amended by Laws of Utah 2024, Chapter 479
57
58
Be it enacted by the Legislature of the state of Utah:
59
Section 1. Section 58-1-102 is amended to read:
60
58-1-102 . Definitions.
61
As used in this title:
62
(1) "Ablative procedure" means the same as that term is defined in Section 58-67-102.
63
(2) "Cosmetic medical procedure":
64
(a) means the same as that term is defined in Section 58-67-102; and
- 2 - 02-24 12:21 S.B. 330
65
(b) except for Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah Osteopathic
66
Medical Practice Act, does not apply to the scope of practice of an individual
67
licensed under this title if the individual's scope of practice includes the authority to
68
operate or perform surgical procedures.
69
(3) "Cryolipolysis" means a nonablative fat reduction procedure that uses cold temperature
70
to reduce fat deposits in certain areas of the body.
71
(4) "Department" means the Department of Commerce.
72
(5) "Director" means the director of the Division of Professional Licensing.
73
(6) "Division" means the Division of Professional Licensing created in Section 58-1-103.
74
(7) "Executive director" means the executive director of the Department of Commerce.
75
(8) "Licensee" includes any holder of a license, certificate, registration, permit, student
76
card, or apprentice card authorized under this title.
77
(9)(a)(i) "Nonablative procedure" means a procedure that is expected or intended to
78
alter living tissue, but not intended or expected to excise, vaporize, disintegrate, or
79
remove living tissue.
80
(ii) Notwithstanding Subsection [(8)(a)(i)] (9)(a)(i), nonablative procedure includes
81
hair removal and cryolipolysis.
82
(b) "Nonablative procedure" does not include:
83
(i) a superficial procedure;
84
(ii) the application of permanent make-up;
85
(iii) laser tattoo removal; or
86
[(iii)] (iv) the use of photo therapy and lasers for neuromusculoskeletal treatments that
87
are performed by an individual licensed under this title who is acting within their
88
scope of practice.
89
(10) "Pain clinic" means:
90
(a) a clinic that advertises its primary purpose is the treatment of chronic pain; or
91
(b) a clinic in which greater than 50% of the clinic's annual patient population receive
92
treatment primarily for non-terminal chronic pain using Schedule II-III controlled
93
substances.
94
(11) "Superficial procedure" means a procedure that is expected or intended to temporarily
95
alter living skin tissue and may excise or remove stratum corneum but have no
96
appreciable risk of damage to any tissue below the stratum corneum.
97
(12) "Telemedicine service" means the same as that term is defined in Section 26B-4-704.
98
(13) "Unlawful conduct" means the same as that term is defined in Subsection 58-1-501(1).
- 3 - S.B. 330 02-24 12:21
99
(14) "Unprofessional conduct" means the same as that term is defined in Subsection
100
58-1-501(2).
101
Section 2. Section 58-1-506 is amended to read:
102
58-1-506 . Supervision of cosmetic medical procedures.
103
(1) For purposes of this section:
104
(a) "Delegation group A" means the following who are licensed under this title, acting
105
within their respective scopes of practice, and qualified under Subsections (2)(f)(i)
106
and (iii):
107
(i) a physician assistant, if acting in accordance with Chapter 70a, Utah Physician
108
Assistant Act;
109
(ii) a registered nurse;
110
(iii) a master esthetician; and
111
(iv) an electrologist, if evaluating for or performing laser hair removal.
112
(b) "Delegation group B" means:
113
(i) a practical nurse or [an] a master esthetician who is licensed under this title, acting
114
within their respective scopes of practice, and qualified under Subsections (2)(f)(i)
115
and (iii); and
116
(ii) a medical assistant who is qualified under Subsections (2)(f)(i) and (iii).
117
(c) "Direct cosmetic medical procedure supervision" means the supervisor:
118
(i) has authorized the procedure to be done on the patient by the supervisee; and
119
(ii) is present and available for a face-to-face communication with the supervisee
120
when and where a cosmetic medical procedure is performed.
121
(d) "General cosmetic medical procedure supervision" means the supervisor:
122
(i) has authorized the procedure to be done on the patient by the supervisee;
123
(ii) is available in a timely and appropriate manner in person to evaluate and initiate
124
care for a patient with a suspected adverse reaction or complication; and
125
(iii) is located within 60 minutes or 60 miles of the cosmetic medical facility.
126
(e) "Hair removal review" means:
127
(i) conducting an in-person, face-to-face interview of a patient based on the responses
128
provided by the patient to a detailed medical history assessment that was prepared
129
by the supervisor;
130
(ii) evaluating for contraindications and conditions that are part of the treatment plan;
131
and
132
(iii) if the patient history or patient presentation deviates in any way from the
- 4 - 02-24 12:21 S.B. 330
133
treatment plan, referring the patient to the supervisor and receiving clearance from
134
the supervisor before starting the treatment.
135
(f) "Indirect cosmetic medical procedure supervision" means the supervisor:
136
(i) has authorized the procedure to be done on the patient by the supervisee;
137
(ii) has given written instructions to the person being supervised;
138
(iii) is present within the cosmetic medical facility in which the person being
139
supervised is providing services; and
140
(iv) is available to:
141
(A) provide immediate face-to-face communication with the person being
142
supervised; and
143
(B) evaluate the patient, as necessary.
144
(2) A supervisor supervising a nonablative cosmetic medical procedure for hair removal
145
shall:
146
(a) have an unrestricted license to practice medicine or advanced practice registered
147
nursing in the state;
148
(b) develop the medical treatment plan for the procedure;
149
(c) conduct a hair removal review, or delegate the hair removal review to a member of
150
delegation group A, of the patient prior to initiating treatment or a series of
151
treatments;
152
(d) personally perform the nonablative cosmetic medical procedure for hair removal, or
153
authorize and delegate the procedure to a member of delegation group A or B;
154
(e) during the nonablative cosmetic medical procedure for hair removal provide general
155
cosmetic medical procedure supervision to individuals in delegation group A
156
performing the procedure, except physician assistants, who shall act in accordance
157
with Chapter 70a, Utah Physician Assistant Act, and indirect cosmetic medical
158
procedure supervision to individuals in delegation group B performing the procedure;
159
and
160
(f) verify that a person to whom the supervisor delegates an evaluation under Subsection
161
(2)(c) or delegates a procedure under Subsection (2)(d)[ or (3)(c)(ii)]:
162
(i) has received appropriate training regarding the medical procedures developed
163
under Subsection (2)(b);
164
(ii) has an unrestricted license under this title or is performing under the license of the
165
supervising physician and surgeon; and
166
(iii) has maintained competence to perform the nonablative cosmetic medical
- 5 - S.B. 330 02-24 12:21
167
procedure through documented education and experience of at least 80 hours, as
168
further defined by rule, regarding:
169
(A) the appropriate standard of care for performing nonablative cosmetic medical
170
procedures;
171
(B) physiology of the skin;
172
(C) skin typing and analysis;
173
(D) skin conditions, disorders, and diseases;
174
(E) pre- and post-procedure care;
175
(F) infection control;
176
(G) laser and light physics training;
177
(H) laser technologies and applications;
178
(I) safety and maintenance of lasers;
179
(J) cosmetic medical procedures an individual is permitted to perform under this
180
title;
181
(K) recognition and appropriate management of complications from a procedure;
182
and
183
(L) cardiopulmonary resuscitation (CPR).
184
[(3) For a nonablative cosmetic medical procedure for tattoo removal:]
185
[(a) a supervisor supervising a nonablative cosmetic medical procedure for tattoo
186
removal shall:]
187
[(i) have an unrestricted license to practice medicine or advanced practice registered
188
nursing in the state; and]
189
[(ii) develop the medical treatment plan for the procedure; and]
190
[(b) a nurse practitioner or physician assistant:]
191
[(i) shall conduct an in-person face-to-face evaluation of a patient before initiating a
192
treatment protocol or series of treatments for removing a tattoo;]
193
[(ii) shall inspect the patient's skin for any discoloration unrelated to the tattoo and
194
any other indication of cancer or other condition that should be treated or further
195
evaluated before the tattoo is removed;]
196
[(iii) shall refer a patient with a condition described in Subsection (3)(b)(ii) to a
197
physician for treatment or further evaluation; and]
198
[(iv) may not perform a nonablative cosmetic medical procedure to remove a tattoo
199
on a patient unless the patient is approved for the tattoo removal by a physician
200
after the physician evaluates the patient.]
- 6 - 02-24 12:21 S.B. 330
201
[(4)] (3) For a nonablative cosmetic medical procedure other than hair removal under
202
Subsection (2)[ or tattoo removal under Subsection (3)]:
203
(a) a physician who has an unrestricted license to practice medicine, a nurse practitioner
204
who has an unrestricted license for advanced practice registered nursing, or a
205
physician assistant acting in accordance with Chapter 70a, Utah Physician Assistant
206
Act, who has an unrestricted license to practice as a physician assistant, shall:
207
(i) develop a treatment plan for the nonablative cosmetic medical procedure; and
208
(ii) conduct an evaluation of the patient either in-person or utilizing a live
209
telemedicine visit before the initiation of a treatment protocol or series of
210
treatments; and
211
(b) the supervisor supervising the procedure shall:
212
(i) have an unrestricted license to practice medicine or advanced practice registered
213
nursing;
214
(ii) personally perform the nonablative cosmetic medical procedure or:
215
(A) authorize and provide general cosmetic medical procedure supervision for the
216
nonablative cosmetic medical procedure that is performed by a registered nurse
217
or a master esthetician;
218
(B) authorize and provide supervision as provided in Chapter 70a, Utah Physician
219
Assistant Act, for the nonablative cosmetic medical procedure that is
220
performed by a physician assistant; or
221
(C) authorize and provide direct cosmetic medical procedure supervision for the
222
nonablative cosmetic medical procedure that is performed by [an] a master
223
esthetician[; and] .
224
[(iii) verify that a person to whom the supervisor delegates a procedure under
225
Subsection (3)(c):]
226
[(A) has received appropriate training regarding the medical procedures to be
227
performed;]
228
[(B) has an unrestricted license and is acting within the person's scope of practice
229
under this title; and]
230
[(C) is qualified under Subsection (2)(f)(iii).]
231
[(5)] (4) A supervisor performing or supervising a cosmetic medical procedure under
232
Subsection (2) or (3)[ or (4)] shall ensure that:
233
(a) the supervisor's name is prominently posted at the cosmetic medical facility
234
identifying the supervisor;
- 7 - S.B. 330 02-24 12:21
235
(b) a copy of the supervisor's license is displayed on the wall of the cosmetic medical
236
facility;
237
(c) the patient receives written information with the name and licensing information of
238
the supervisor who is supervising the nonablative cosmetic medical procedure and
239
the person who is performing the nonablative cosmetic medical procedure;
240
(d) the patient is provided with a telephone number that is answered within 24 hours for
241
follow-up communication; and
242
(e) the cosmetic medical facility's contract with a master esthetician who performs a
243
nonablative cosmetic medical procedure at the facility is kept on the premises of the
244
facility.
245
[(6)] (5) Failure to comply with the provisions of this section is unprofessional conduct.
246
[(7)] (6) A chiropractic physician licensed under Chapter 73, Chiropractic Physician
247
Practice Act, is not subject to the supervision requirements in this section for a
248
nonablative cosmetic medical procedure for hair removal if the chiropractic physician is
249
acting within the scope of practice of a chiropractic physician and with training specific
250
to nonablative hair removal.
251
Section 3. Section 58-11a-102 is repealed and reenacted to read:
252
58-11a-102 . Definitions.
253
As used in this chapter:
254
(1) "Approved apprenticeship" means an apprenticeship that meets the requirements of
255
Section 58-11a-306 for any applicable license or permit type and the requirements
256
established by administrative rules made by the division in collaboration with the board
257
pursuant to Section 58-1-106 and in accordance with Title 63G, Chapter 3, Utah
258
Administrative Rulemaking Act.
259
(2) "Board" means the Cosmetology and Associated Professions Licensing Board created in
260
Section 58-11a-201.
261
(3) "Cosmetic laser procedure" means a nonablative procedure, as that term is defined in
262
Section 58-67-102, that is performed with the use of a laser.
263
(4) "Cosmetic supervisor" means a supervisor as defined in Section 58-1-505.
264
(5) "Dermaplane" means the use of a scalpel or bladed instrument to shave the upper layers
265
of the stratum corneum.
266
(6) "Direct supervision" means that the supervisor of an apprentice or the instructor of a
267
student is physically present in the same building as the apprentice or student and readily
268
able to establish direct contact with the apprentice or student for consultation, advice,
- 8 - 02-24 12:21 S.B. 330
269
instruction, and evaluation.
270
(7) "Division" means the Division of Professional Licensing, created in Section 58-1-103.
271
(8) "Endorsement" means the practice of endorsing a license from another jurisdiction as
272
allowed in Section 58-1-302.
273
(9) "Fund" means the Cosmetology and Associated Professions Education and Enforcement
274
Fund created in Section 58-11a-103.
275
(10)(a) "Hair braiding" means the twisting, weaving, or interweaving of an individual's
276
natural human hair.
277
(b) "Hair braiding" includes the following methods or styles:
278
(i) African-style braiding;
279
(ii) box braids;
280
(iii) cornrows;
281
(iv) dreadlocks;
282
(v) french braids;
283
(vi) invisible braids;
284
(vii) micro braids;
285
(viii) single braids;
286
(ix) single plaits;
287
(x) twists;
288
(xi) visible braids;
289
(xii) the use of lock braids;
290
(xiii) the use of decorative beads, accessories, and extensions; and
291
(xiv) the use of wefts if applied without the use of glue or tape.
292
(c) "Hair braiding" does not include:
293
(i) the use of:
294
(A) wefts if applied with the use of glue or tape;
295
(B) synthetic tape;
296
(C) synthetic glue;
297
(D) keratin bonds;
298
(E) fusion bonds; or
299
(F) heat tools;
300
(ii) the cutting of human hair; or
301
(iii) the application of heat, dye, a reactive chemical, or other preparation to:
302
(A) alter the color of the hair; or
- 9 - S.B. 330 02-24 12:21
303
(B) straighten, curl, or alter the structure of the hair.
304
(11) "Instructor" means an individual that is licensed to instruct a trade that is regulated by
305
this chapter.
306
(12) "Licensed school" means a school in Utah that:
307
(a) meets the standards for accreditation established by administrative rules made by the
308
division; and
309
(b) is using curriculum approved by the division.
310
(13) "Minimum service count" means the minimum number of repetitions of a given
311
service a license or permit applicant is required to complete to gain a minimum level of
312
competence as established by administrative rules made by the division for each service.
313
(14) "Permit" means a safety permit that gives the holder authority to perform certain
314
services.
315
(15) "Practice of basic skincare" means any one of the following skincare procedures done
316
on the body for cosmetic purposes and not for the treatment of medical, physical, or
317
mental ailments:
318
(a) cleaning, stimulating, manipulating, exercising, applying oils, antiseptics, clays or
319
masks, manual extraction, including a comedone extractor, depilatories, waxes,
320
tweezing, natural nail manicures or pedicures, or callous removal by buffing or filing;
321
(b) limited chemical exfoliation as defined by administrative rules made by the division;
322
(c) other esthetic preparations or procedures with the use of the hands, a high-frequency
323
or galvanic electrical apparatus, or a heat lamp; or
324
(d) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes or eyebrows, or
325
applying eyelash or eyebrow extensions.
326
(16) "Recognized school" means a school located in a jurisdiction other than Utah whose
327
students, upon graduation, are recognized as having completed the educational
328
requirements for the licensure in the jurisdiction in which the school is located.
329
(17) "Representative of a recognized school" means an individual:
330
(a) that is acting in the individual's capacity as an employee of a recognized school; or
331
(b) with an ownership or financial interest in a recognized school.
332
(18) "Salon" means a place, shop, or establishment in which an individual licensed or
333
permitted under this chapter practices the individual's trade.
334
(19) "Threading" means a method of removing hair from the eyebrows, upper lip. or other
335
body parts by using cotton thread to pull hair from follicles without the use of chemicals,
336
heat, or wax.
- 10 - 02-24 12:21 S.B. 330
337
(20) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
338
58-11a-502.
339
(21) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
340
and 58-11a-501 and as may be further defined by administrative rules made by the
341
division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
342
Administrative Rulemaking Act.
343
Section 4. Section 58-11a-201 is amended to read:
344
58-11a-201 . Board.
345
(1) There is created the Cosmetology and Associated Professions Licensing Board
346
consisting of the following members:
347
(a)(i) one [barber or ]cosmetologist[/barber]; or
348
(ii) one cosmetologist instructor;
349
[(b)(i) one barber or cosmetologist/barber instructor; or]
350
[(ii) one representative of a licensed barber or cosmetology/barber school;]
351
[(c)] (b)(i) one master esthetician; or
352
(ii) one master esthetician instructor;
353
(c)(i) one nail technician; or
354
(ii) one nail technician instructor;
355
[(d)(i) one esthetician instructor; or]
356
[(ii) one representative of a licensed esthetics school;]
357
[(e) one nail technician;]
358
[(f)(i) one nail technician instructor; or]
359
[(ii) one representative of a licensed nail technology school;]
360
[(g)] (d)(i) one electrologist; or
361
(ii) one electrologist instructor;
362
(e) one representative of a licensed school that is publicly funded;
363
(f) one representative of a licensed school that is privately funded;
364
(g) one supervisor as defined in Section 58-1-505; and
365
[(h) one eyelash and eyebrow technician;]
366
[(i)(i) one eyelash and eyebrow technician instructor; or]
367
[(ii) one representative of a licensed eyelash and eyebrow technology school; and]
368
[(j)] (h) [two members] one member from the general public.
369
(2)(a) The board shall be appointed and serve in accordance with Section 58-1-201.
370
(b) Except for the members specified in Subsections (1)(e) and (1)(f), a member may not
- 11 - S.B. 330 02-24 12:21
371
participate as a representative of a recognized school.
372
[(b)(i) At least one of the members of the board appointed under Subsections (1)(b),
373
(d), and (f) shall be an instructor at or a representative of a public school.]
374
[(ii) At least one of the members of the board appointed under Subsections (1)(b),
375
(d), and (f) shall be an instructor at or a representative of a private school.]
376
(3)(a) [The ] The board shall perform the duties and responsibilities [of the board are in
377
accordance with] described in Sections 58-1-202 and 58-1-203.
378
(b) [In addition, the ] The board shall designate one of [its] the board members on a
379
permanent or rotating basis to:
380
[(a)] (i) assist the division in reviewing complaints concerning the unlawful or
381
unprofessional conduct of a licensee; and
382
[(b)] (ii) advise the division in [its] the division's investigation of these complaints.
383
(4) A board member who has, under Subsection (3), reviewed a complaint or advised in [its]
384
the investigation of the complaint may be disqualified from participating with the board
385
when the board serves as a presiding officer in an adjudicative proceeding concerning
386
the complaint.
387
Section 5. Section 58-11a-301 is repealed and reenacted to read:
388
58-11a-301 . Licensure or permit required.
389
(1) Subject to Subsection (2), a person must be licensed or permitted as required under this
390
chapter to practice a trade regulated by this chapter.
391
(2) An individual is not required to be licensed or permitted if the individual:
392
(a) is a registered apprentice in accordance with this chapter; or
393
(b) qualifies for an exemption under:
394
(i) Section 58-1-307; or
395
(ii) Section 58-11a-304.
396
Section 6. Section 58-11a-302 is repealed and reenacted to read:
397
58-11a-302 . General qualifications for licensure and permitting.
398
(1)(a) An applicant for a license or permit under this chapter shall:
399
(i) submit an application in a form prescribed by the division; and
400
(ii) pay a fee determined by the division in compliance with Section 63J-1-504;
401
(b) provide satisfactory documentation of completion of required minimum service
402
count, certified by the applicant's school, or, if under an apprenticeship, the
403
applicant's supervisor; and:
404
(i) compliance with educational requirements of the respective license or permit; or
- 12 - 02-24 12:21 S.B. 330
405
(ii) completion of an approved apprenticeship; and
406
(c) pass an examination, if required for the respective license or permit.
407
(2) A student or apprentice shall obtain a release to test from the student's school or the
408
apprentice's supervisor prior to taking an examination.
409
Section 7. Section 58-11a-302.10 is enacted to read:
410
58-11a-302.10 . Practice of barbering -- Barbering permit -- Qualifications.
411
(1) The practice of barbering includes:
412
(a) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
413
shears, clippers, or other appliances;
414
(b) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
415
drying;
416
(c) removing hair from the face or neck of an individual by using shaving equipment,
417
including an electric trimmer; and
418
(d) when providing other services described in this Subsection (1), gently massaging the
419
head, back of the neck, and shoulders by manual or mechanical means.
420
(2) An individual may not engage in the practice of barbering unless the individual holds a
421
barbering permit, haircutting permit, master hair design license, master barbering
422
license, or cosmetology license.
423
(3) An applicant for a barbering permit shall comply with the requirements in Section
424
58-11a-302 and:
425
(a) attend a licensed or recognized school and complete a curriculum that:
426
(i) covers:
427
(A) hair safety requirements; and
428
(B) barbering; and
429
(ii) has a minimum of 130 hours of instruction or the equivalent number of credit
430
hours; or
431
(b) complete an approved barber apprenticeship.
432
(4) If the applicant graduates from a recognized school with less than 130 hours of
433
instruction, the applicant may count hours practiced as a barber in a jurisdiction other
434
than Utah to satisfy the 130 total hours requirement.
435
Section 8. Section 58-11a-302.11 is enacted to read:
436
58-11a-302.11 . Practice of chemical hair services -- Chemical hair services
437
permit -- Qualifications.
438
(1) The practice of chemical hair services includes bleaching, tinting, coloring, relaxing,
- 13 - S.B. 330 02-24 12:21
439
permanent waving, or similarly treating the hair of the head of an individual.
440
(2) An individual may not engage in the practice of chemical hair services unless the
441
individual holds a chemical hair services permit, master hair design license, master
442
barber license, or cosmetology license.
443
(3) An applicant for a chemical hair service permit shall comply with the requirements in
444
Section 58-11a-302 and:
445
(a) attend a licensed or recognized school and complete a curriculum that:
446
(i) covers chemical hair services; and
447
(ii) has a minimum of 260 hours of instruction or the equivalent number of credit
448
hours; or
449
(b) complete an approved chemical hair service apprenticeship.
450
(4) If the applicant graduates from a recognized school with less than 260 hours of
451
instruction, the applicant may count hours practiced as a chemical hair service technician
452
in a jurisdiction other than Utah to satisfy the 260 total hours requirement.
453
Section 9. Section 58-11a-302.12 is enacted to read:
454
58-11a-302.12 . Practice of cosmetology -- Cosmetology license -- Qualifications.
455
(1) The practice of cosmetology includes:
456
(a) styling, arranging, dressing, curling, waving, cleaning, singeing, bleaching, tinting,
457
coloring, permanent waving, or similarly treating the hair of the head of an individual;
458
(b) cutting, clipping, or trimming the hair by using scissors, shears, clippers, or other
459
appliances;
460
(c) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
461
drying;
462
(d) removing hair from the face or neck of an individual by using shaving equipment;
463
(e) arching eyebrows by tweezing, tinting eyebrows or eyelashes, perming eyelashes or
464
eyebrows;
465
(f) removing hair from the body of an individual by using depilatories, waxing, or
466
shaving equipment;
467
(g) cutting, curling, styling, fitting, measuring, or forming caps for wigs and hairpieces
468
on the human head;
469
(h) practicing hair weaving or hair fusing or servicing previously medically implanted
470
hair;
471
(i) trimming, cutting, cleaning, manicuring, shaping, massaging, or enhancing the
472
appearance of the hands, feet, and nails of an individual by using the nail technician's
- 14 - 02-24 12:21 S.B. 330
473
hands, mechanical or electrical preparation, antiseptic, lotion, or cream;
474
(j) applying and removing sculptured or artificial nails;
475
(k) using blades, including corn or callus planer or rasp, for smoothing, shaving, or
476
removing dead skin from the feet; and
477
(l) practicing basic skincare.
478
(2) An individual may not engage in the practice of cosmetology unless the individual holds
479
a cosmetology license.
480
(3) An applicant for a cosmetology license shall comply with the requirements in Section
481
58-11a-302 and:
482
(a) attend a licensed or recognized school and complete a curriculum that:
483
(i) covers:
484
(A) barbering;
485
(B) haircutting;
486
(C) chemical hair services;
487
(D) facial hair removal by means other than electrolysis or use of a cosmetic
488
medical device;
489
(E) eyelash and eyebrow technology;
490
(F) basic skincare; and
491
(G) nail technology; and
492
(ii) has a minimum of 1,250 hours of instruction or the equivalent number of credit
493
hours; or
494
(b) complete an approved cosmetologist apprenticeship.
495
(4) If the applicant graduates from a recognized school with less than 1,250 hours of
496
instruction, the applicant may count hours practiced as a cosmetologist in a jurisdiction
497
other than Utah to satisfy the 1,250 total hours requirement.
498
(5) An individual with a cosmetology license may be known as a cosmetologist or a barber.
499
Section 10. Section 58-11a-302.13 is enacted to read:
500
58-11a-302.13 . Practice of electrology -- Electrology license -- Qualifications.
501
(1) The practice of electrology includes removing superfluous hair:
502
(a) from the body of an individual by using electricity, waxing, shaving, or tweezing; and
503
(b) by using cosmetic laser procedures under the supervision of a cosmetic supervisor.
504
(2) An individual may not engage in the practice of electrology unless the individual holds
505
an electrology license.
506
(3) An applicant for an electrology license shall comply with the requirements of Section
- 15 - S.B. 330 02-24 12:21
507
58-11a-302 and:
508
(a) attend a licensed or recognized school and complete a curriculum that:
509
(i) covers:
510
(A) laser hair removal;
511
(B) electrolysis; and
512
(C) waxing; and
513
(ii) has a minimum of 600 hours of instruction or the equivalent number of credit
514
hours; or
515
(b) complete an approved electrology technician apprenticeship.
516
(4) If the applicant graduates from a recognized school with less than 600 hours of
517
instruction, the applicant may count hours practiced as a licensed electrologist in a
518
jurisdiction other than Utah to satisfy the 600 total hours requirement.
519
Section 11. Section 58-11a-302.14 is enacted to read:
520
58-11a-302.14 . Practice of eyelash and eyebrow technology -- Eyelash and
521
eyebrow technology license -- Qualifications.
522
(1) The practice of eyelash and eyebrow technology includes arching eyebrows by tweezing
523
or waxing, tinting eyelashes or eyebrows, perming eyelashes or eyebrows, or applying
524
eyelash or eyebrow extensions.
525
(2) An individual may not engage in the practice of eyelash and eyebrow technology unless
526
the individual holds an eyelash and eyebrow technology license, cosmetology license, or
527
master esthetics license.
528
(3) An applicant for an eyelash and eyebrow technology license shall comply with the
529
requirements of Section 58-11a-302 and:
530
(a) attend a licensed or recognized school and complete a curriculum that:
531
(i) covers eyelash and eyebrow technology; and
532
(ii) has a minimum of 270 hours of instruction or the equivalent number of credit
533
hours; or
534
(b) complete an approved eyelash and eyebrow apprenticeship.
535
(4) If the applicant graduates from a recognized school with less than 270 hours of
536
instruction, the applicant may count hours practiced as a licensed eyelash and eyebrow
537
technician in a jurisdiction other than Utah to satisfy the 270 total hours requirement.
538
Section 12. Section 58-11a-302.15 is enacted to read:
539
58-11a-302.15 . Practice of facial hair removal -- Facial hair removal permit --
540
Qualifications.
- 16 - 02-24 12:21 S.B. 330
541
(1) The practice of facial hair removal includes cleaning, applying oil, antiseptics,
542
depilatories, waxes, and tweezing.
543
(2) An individual may not engage in the practice of facial hair removal unless the individual
544
holds a facial hair removal permit or cosmetology license.
545
(3) An applicant for a facial hair removal permit shall comply with the requirements of
546
Section 58-11a-302 and:
547
(a) attend a licensed or recognized school and complete a curriculum that:
548
(i) covers facial hair removal; and
549
(ii) has a minimum of 50 hours of instruction or the equivalent number of credit
550
hours; or
551
(b) complete an approved facial hair removal apprenticeship.
552
(4) If the applicant graduates from a recognized school with less than 50 hours of
553
instruction, the applicant may count hours practiced as a permitted facial hair removal
554
technician in a jurisdiction other than Utah to satisfy the 50 total hours requirement.
555
Section 13. Section 58-11a-302.16 is enacted to read:
556
58-11a-302.16 . Practice of haircutting -- Haircutting permit -- Qualifications.
557
(1) The practice of haircutting includes:
558
(a) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
559
shears, clippers, or other appliances;
560
(b) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
561
drying;
562
(c) hair fusing and extensions; and
563
(d) when providing other services described in this Subsection (1), gently massaging the
564
head, back of the neck, and shoulders by manual or mechanical means.
565
(2) An individual may not engage in the practice of haircutting unless the individual holds a
566
haircutting permit, barbering permit, master hair design license, master barber license, or
567
cosmetology license.
568
(3) An applicant for a haircutting permit shall comply with the requirements of Section
569
58-11a-302 and:
570
(a) attend a licensed or recognized school and complete a curriculum that:
571
(i) covers:
572
(A) hair safety requirements; and
573
(B) haircutting; and
574
(ii) has a minimum of 150 hours of instruction or the equivalent number of credit
- 17 - S.B. 330 02-24 12:21
575
hours; or
576
(b) complete an approved haircutting apprenticeship.
577
(4) If the applicant graduates from a recognized school with less than 150 hours of
578
instruction, the applicant may count hours practiced as a haircutting technician in a
579
jurisdiction other than Utah to satisfy the 150 total hours requirement.
580
Section 14. Section 58-11a-302.17 is enacted to read:
581
58-11a-302.17 . Practice of master esthetics -- Master esthetics license --
582
Qualifications.
583
(1)(a) The practice of master esthetics includes:
584
(i) body wraps, as defined by administrative rules made by the division;
585
(ii) hydrotherapy, as defined by administrative rules made by the division;
586
(iii) chemical exfoliation, as defined by administrative rules made by the division;
587
(iv) sanding, including microdermabrasion;
588
(v) advanced extraction;
589
(vi) dermaplaning;
590
(vii) other esthetic preparations or procedures that use:
591
(A) the hands; or
592
(B) a mechanical or electrical apparatus that is approved for use by administrative
593
rules made by the division;
594
(viii) limited cosmetic laser procedures, under the supervision of a cosmetic
595
supervisor, including:
596
(A) superfluous hair removal;
597
(B) anti-aging resurfacing enhancements; and
598
(C) photo rejuvenation;
599
(ix) lymphatic massage by manual or other means as defined by administrative rules
600
made by the division;
601
(x) services described in Section 58-11a-302.14;
602
(xi) basic skincare; and
603
(xii) eyelash and eyebrow technology.
604
(b) An individual with a master esthetics license may not perform any service described
605
in Subsection (1)(a) for the treatment of medical, physical, or mental ailments.
606
(c) A procedure described in Subsection (1)(a) shall have an evaluation by a cosmetic
607
medical supervisor before the procedure as required under Section 58-1-506.
608
(2) An individual may not engage in the practice of master esthetics unless the individual
- 18 - 02-24 12:21 S.B. 330
609
holds a master esthetics license.
610
(3) An applicant for a master esthetics license shall comply with the requirements of
611
Section 58-11a-302 and:
612
(a) attend a licensed or recognized school and complete a curriculum that:
613
(i) covers:
614
(A) basic skincare;
615
(B) eyelash and eyebrow technology;
616
(C) cosmetic laser procedures;
617
(D) body contouring and lymphatic massage; and
618
(E) advanced skincare; and
619
(ii) has a minimum of 1,200 hours of instruction or the equivalent number of credit
620
hours; or
621
(b) complete an approved master esthetics apprenticeship.
622
(4)(a) If the applicant graduates from a recognized school with less than 1,200 hours of
623
instruction, the applicant may count hours practiced as an esthetician in a jurisdiction
624
other than Utah to satisfy the 1,200 total hours requirement.
625
(b) If the applicant holds a cosmetology license, the applicant may count 600 hours as a
626
cosmetologist to satisfy the 1,200 total hours requirement.
627
Section 15. Section 58-11a-302.18 is enacted to read:
628
58-11a-302.18 . Practice of master hair design and master barbering -- Master
629
hair design and master barbering license -- Qualifications.
630
(1) The practice of master hair design and practice of master barbering includes:
631
(a) styling, arranging, dressing, curling, or waving the hair of the head of an individual;
632
(b) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
633
shears, clippers, or other appliances;
634
(c) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
635
drying;
636
(d) removing hair from the face or neck of an individual by using shaving equipment;
637
(e) cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or
638
both on the human head;
639
(f) practicing hair weaving, hair fusing, or servicing previously medically implanted hair;
640
(g) when providing other services described in this Subsection (1), gently massaging the
641
head, back of the neck, and shoulders by manual or mechanical means; and
642
(h) permanently waving, bleaching, tinting, coloring, relaxing, or similarly treating the
- 19 - S.B. 330 02-24 12:21
643
hair of the head of an individual.
644
(2) An individual may not engage in the practice of master hair design or master barbering
645
unless the individual holds a master hair design license, master barbering license, or
646
cosmetology license.
647
(3) An applicant for a master hair design license shall comply with the requirements of
648
Section 58-11a-302 and:
649
(a) attend a licensed or recognized school and complete a curriculum that:
650
(i) covers:
651
(A) hair safety requirements;
652
(B) haircutting and barbering; and
653
(C) chemical hair services; and
654
(ii) has a minimum of 1,000 hours of instruction or the equivalent number of credit
655
hours; or
656
(b) complete an approved master hair design or an approved master barbering
657
apprenticeship.
658
(4) If the applicant graduates from a recognized school with less than 1,000 hours of
659
instruction, the applicant may count hours practiced as a licensed master hair design or
660
master barber in a jurisdiction other than Utah to satisfy the 1,000 total hours
661
requirement.
662
(5) On January 1, 2026, all active "hair design" licenses shall be converted to a master hair
663
design license.
664
Section 16. Section 58-11a-302.19 is enacted to read:
665
58-11a-302.19 . Practice of nail technology -- Nail technology license --
666
Qualifications.
667
(1) The practice of nail technology includes:
668
(a) trimming, cutting, cleaning, manicuring, shaping, massaging, or enhancing the
669
appearance of the hands, feet, and nails of an individual by using the nail technician's
670
hands, mechanical or electrical preparation, antiseptic, lotion, or cream;
671
(b) applying and removing sculptured or artificial nails; and
672
(c) using blades, including corn or callus planer or rasp, for smoothing, shaving, or
673
removing dead skin from the feet.
674
(2) An individual may not engage in the practice of nail technology unless the individual
675
holds a nail technology license or cosmetology license.
676
(3) An applicant for a nail technology license shall comply with the requirements of Section
- 20 - 02-24 12:21 S.B. 330
677
58-11a-302 and:
678
(a) attend a licensed or recognized school and complete a curriculum that:
679
(i) covers:
680
(A) manicures and pedicures; and
681
(B) artificial nails; and
682
(ii) has a minimum of 300 hours of instruction or the equivalent number of credit
683
hours; or
684
(b) complete an approved nail technology apprenticeship.
685
(4) If the applicant graduates from a recognized school with less than 300 hours of
686
instruction, the applicant may count hours practiced as a licensed nail technician in a
687
jurisdiction other than Utah to satisfy the 300 total hours requirement.
688
Section 17. Section 58-11a-302.20 is enacted to read:
689
58-11a-302.20 . Licensed instructor -- Qualifications.
690
(1) An applicant for licensure as an instructor shall:
691
(a) submit an application in a form prescribed by the division;
692
(b) subject to Subsection (4), pay a fee determined by the division under Section
693
63J-1-504;
694
(c) provide satisfactory documentation that the applicant is currently licensed or
695
permitted in the trade that the applicant is seeking to instruct;
696
(d) provide satisfactory documentation that the applicant has completed six months of
697
work experience in the trade the applicant intends to instruct and:
698
(i) an instructor training program for the discipline for which the applicant is
699
licensed, by a licensed or recognized school for a minimum of 35% of the
700
minimum hours for the license or permit the applicant intends to instruct; or
701
(ii) on-the-job instructor training for the discipline for which the applicant is licensed,
702
by a licensed or recognized school for a minimum of 35% of the minimum hours
703
for the license or permit the applicant intends to instruct; and
704
(e) meet the examination requirement established by administrative rules made by the
705
division.
706
(2) An applicant for a license or permit under this chapter whose education in the trade for
707
which a license or permit is sought was completed at a foreign school may satisfy the
708
educational requirement for licensure by demonstrating, to the satisfaction of the
709
division, the educational equivalency of the foreign school education with a licensed
710
school under this chapter.
- 21 - S.B. 330 02-24 12:21
711
(3)(a) A licensed instructor shall not instruct regarding the practice of a discipline unless
712
the instructor is licensed or permitted to practice that discipline.
713
(b) A licensed instructor may instruct a student that is seeking a permit or license that is
714
different than the permit or license that the instructor holds as long as the instructor
715
complies with Subsection (3)(a).
716
(4) The division may not charge a fee to an individual applying for licensure as an
717
instructor under this chapter if the individual is a licensed instructor in any other
718
profession under this chapter.
719
(5) The division may offer any required examination under this section, which is prepared
720
by a national testing organization, in languages in addition to English.
721
(6) For purposes of a national accrediting agency recognized by the United States
722
Department of Education, on-the-job instructor training described in this section is not
723
considered a program.
724
Section 18. Section 58-11a-302.21 is enacted to read:
725
58-11a-302.21 . Licensed school -- Qualifications.
726
(1) An applicant for licensure as a licensed school shall:
727
(a) submit an application in a form prescribed by the division;
728
(b) pay a fee determined by the division under Section 63J-1-504; and
729
(c) provide satisfactory documentation:
730
(i) of appropriate registration with the Division of Corporations and Commercial
731
Code;
732
(ii) of business licensure from the municipality in which the school is located;
733
(iii) that the applicant's physical facilities comply with the requirements established
734
by administrative rules made by the division; and
735
(iv) that the applicant meets:
736
(A) the standards established by administrative rules made by the division,
737
including staff, curriculum, and accreditation requirements; or
738
(B) the requirements for recognition as an institution of postsecondary study as
739
described in Subsection (2).
740
(2) A school licensed or applying for licensure under this chapter shall maintain recognition
741
as an institution of postsecondary study by meeting the following conditions:
742
(a) the school only admits an individual that:
743
(i) has earned a recognized high school diploma;
744
(ii) has earned the equivalent of a recognized high school diploma; or
- 22 - 02-24 12:21 S.B. 330
745
(iii) is beyond the age of compulsory high school attendance as provided by Title
746
53G, Chapter 6, Part 2, Compulsory Education; and
747
(b) the school applies and is licensed by name to offer one or more training programs
748
under this chapter.
749
(3) A school licensed under this section may accept credit hours towards graduation for
750
documented, relevant, and substantially equivalent coursework previously completed by:
751
(a) a student that completed only a portion of the student's education while attending a
752
different school or apprenticeship; or
753
(b) an individual licensed or permitted under this chapter, based on the individual's
754
schooling, apprenticeship, or experience.
755
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
756
consistent with this section, the division may make rules governing the acceptance of
757
credit hours.
758
Section 19. Section 58-11a-302.22 is enacted to read:
759
58-11a-302.22 . Existing esthetics license.
760
(1) Except as provided in Subsection (3), the division may not issue an esthetics license
761
after January 1, 2026.
762
(2) An individual with an esthetics license may engage in the practice of basic skincare.
763
(3) The division shall grant an esthetics license to an individual that completes the
764
requirements described in Subsection (4) and:
765
(a) has registered an esthetics apprenticeship with the division on or before January 1,
766
2026; or
767
(b) enrolled and started an esthetics program with a licensed school on or before January
768
1, 2026.
769
(4)(a) An individual described in Subsection (3)(a) shall complete at least 800 hours of
770
apprenticeship training that is supervised by a licensed esthetician instructor who
771
provides one-on-one supervision of the apprentice during the apprenticeship.
772
(b) An individual described in Subsection (3)(b) shall graduate from a licensed school
773
with a minimum of 600 hours or the equivalent number of credit hours.
774
Section 20. Section 58-11a-303 is amended to read:
775
58-11a-303 . Terms of license -- Expiration -- Renewal.
776
(1)(a) The division shall issue each license under this chapter in accordance with a
777
two-year renewal cycle established by rule, except that an instructor license is a
778
one-time certificate and does not expire unless the licensee fails to keep current the
- 23 - S.B. 330 02-24 12:21
779
license that qualified the licensee to be an instructor under Section [58-11a-302]
780
58-11a-302.20.
781
(b) The division may by rule extend or shorten a renewal period by as much as one year
782
to stagger the renewal cycles it administers.
783
(2) At the time of renewal, a licensed school shall show satisfactory evidence that the
784
school meets the standards for that type of school, including staff, curriculum, and
785
accreditation requirements, established by rule.
786
(3) Each license expires on the expiration date shown on the license unless the licensee
787
renews it in accordance with Section 58-1-308.
788
Section 21. Section 58-11a-304 is amended to read:
789
58-11a-304 . Exemptions from licensure.
790
In addition to the exemptions from licensure in Section 58-1-307, the following [persons]
791
individuals may engage in [the practice of barbering, cosmetology/barbering, hair design,
792
esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow
793
technology] a discipline regulated by this chapter without being licensed under this chapter:
794
(1) [a person ] an individual licensed under the laws of this state to engage in the practice of
795
medicine, surgery, osteopathy, or chiropractic when engaged in the practice of the
796
profession for which they are licensed;
797
(2) a commissioned physician or surgeon serving in the armed forces of the United States or
798
another federal agency;
799
(3) a registered nurse, undertaker, or mortician licensed under the laws of this state when
800
engaged in the practice of the profession for which the [person] individual is licensed;
801
(4) [a person ] an individual who visits the state to engage in instructional seminars,
802
advanced classes, trade shows, or competitions of a limited duration;
803
[(5) a person who engages in the practice of barbering, cosmetology/barbering, hair design,
804
esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow
805
technology without compensation;]
806
(5) an individual who engages in a practice regulated by this chapter without compensation;
807
(6) [a person ] an individual instructing an adult education class or other educational
808
program directed toward [persons] individuals who are not licensed under this chapter
809
and that is not intended to train [persons] individuals to become licensed under this
810
chapter, provided:
811
(a) an attendee receives no credit toward educational requirements for licensure under
812
this chapter;
- 24 - 02-24 12:21 S.B. 330
813
(b) the instructor informs each attendee in writing that taking such a class or program
814
will not certify or qualify the attendee to perform a service for compensation that
815
requires licensure under this chapter; and
816
(c)(i) the instructor is properly licensed; or
817
(ii) the instructor receives no compensation;
818
(7) [a person ] an individual providing instruction in workshops, seminars, training
819
meetings, or other educational programs whose purpose is to provide continuing
820
professional development [to licensed barbers, cosmetologists/barbers, hair designers,
821
estheticians, master estheticians, electrologists, or nail technicians] to a qualified licensee
822
or permitee regulated by this chapter;
823
(8) [a person ] an individual enrolled in a licensed [barber, cosmetology/barber, or hair
824
design ]school when participating in an on the job training internship under the direct
825
supervision of a [licensed barber, cosmetologist/barber, or hair designer] licensee under
826
this chapter upon completion of a basic program under the standards established by rule
827
by the division in collaboration with the board;
828
(9) [a person enrolled ] an individual registered with the division in an approved
829
apprenticeship pursuant to Section 58-11a-306;
830
(10)(a) an employee of a company that is primarily engaged in the business of selling
831
products used [in the practice of barbering, cosmetology/barbering, hair design,
832
esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow
833
technology] by a qualified licensee regulated by this chapter;
834
(b) [ ]when demonstrating the company's products to a potential customer[,] ; and
835
(c) [ ]provided the employee makes no representation to a potential customer that
836
attending [such a] the demonstration will certify or qualify the attendee to perform a
837
service for compensation that requires licensure under this chapter;
838
(11) [a person ] an individual who:
839
(a) is qualified to engage in [the practice of barbering, cosmetology/barbering, hair
840
design, esthetics, master-level esthetics, electrology, nail technology, or eyelash and
841
eyebrow technology] a practice regulated by this chapter in another jurisdiction as
842
evidenced by licensure, certification, or lawful practice in the other jurisdiction;
843
(b) is employed by, or under contract with, a motion picture company; and
844
(c) engages in [the practice of barbering, cosmetology/barbering, hair design, esthetics,
845
master-level esthetics, electrology, nail technology, or eyelash and eyebrow
846
technology] a practice regulated by this chapter in the state:
- 25 - S.B. 330 02-24 12:21
847
(i) solely to assist in the production of a motion picture; and
848
(ii) for no more than 120 days per calendar year;
849
(12) [a person ] an individual who:
850
(a) engages in threading;
851
(b) engages in hair braiding; and
852
[(b)] (c) [unless it is expressly exempted under this section or Section 58-1-307, does not
853
engage in other activity requiring licensure under this chapter; and] is not engaged in
854
a practice that requires a license or permit under this chapter;
855
(13) [a person ] an individual who:
856
(a) dries, styles, arranges, dresses, curls, hot irons, shampoos, or conditions hair;
857
(b) does not cut the hair;
858
(c) does not apply dye to alter the color of the hair;
859
(d) does not apply reactive chemicals to straighten, curl, or alter the structure of the hair;
860
(e) [unless it is expressly exempted under this section or Section 58-1-307, does not
861
engage in other activity requiring licensure under this chapter] is not engaged in a
862
practice that requires a license or permit under this chapter;
863
(f) provides evidence to the division that the [person] individual has received a hair
864
safety permit from completing a hair safety program that:
865
(i) is approved by the division;
866
(ii) consists of no more than two hours of instruction;
867
(iii) is offered by a provider approved by the division; and
868
(iv) includes an examination that requires a passing score of 75%; and
869
(g) displays in a conspicuous location in the [person's] individual's place of business:
870
(i) a valid hair safety permit as described in Subsection (13)(f); and
871
(ii) a sign notifying the public that the [person's] individual providing the services [are
872
not provided by an individual who has a license under this chapter.] is not licensed
873
under this chapter; and
874
(14) an individual who performs barbering services described in Section 58-11a-302.10, if:
875
(a) the individual is supervised and compensated by an individual that is licensed for the
876
practice of barbering;
877
(b) the individual provides evidence to the division that the individual has received a
878
hair safety permit from completing a hair safety program that:
879
(i) is approved by the division;
880
(ii) consists of no more than two hours of instruction;
- 26 - 02-24 12:21 S.B. 330
881
(iii) is offered by a provider approved by the division; and
882
(iv) includes an examination that requires a passing score of 75%;
883
(c) the individual displays in a conspicuous location in the individual's place of business:
884
(i) a valid hair safety permit as described in Subsection (14)(b); and
885
(ii) a sign notifying the public that the individual providing the services is not
886
licensed under this chapter;
887
(d) the individual does not provide services beyond the practice of barbering; and
888
(e) the supervisor does not supervise more than four individuals in total at any given
889
time that are unlicensed, in training, or apprentices.
890
Section 22. Section 58-11a-306 is repealed and reenacted to read:
891
58-11a-306 . Apprenticeship.
892
(1)(a) An approved apprenticeship shall be conducted by a supervisor who:
893
(i) is licensed under this chapter as an instructor in the trade of the apprenticeship; and
894
(ii) provides one-on-one direct supervision of the apprentice during the
895
apprenticeship program.
896
(b) An apprenticeship supervisor for a nail technician apprenticeship or an eyelash and
897
eyebrow technician apprenticeship may not provide direct supervision to more than
898
two apprentices during the apprentice program.
899
(2) An individual seeking a license or permit through an approved apprenticeship under this
900
chapter shall:
901
(a) register with the division before beginning the training requirements by:
902
(i) submitting a form prescribed by the division, which includes the name of the
903
licensed supervisor; and
904
(ii) paying a fee determined by the division under Section 63J-1-504;
905
(b) complete the apprenticeship within two years of the date on which the division
906
approves the registration; and
907
(c) notify the division within 30 days if the licensed supervisor changes after the
908
registration is approved by the division.
909
(3) An individual seeking a license or permit through an approved apprenticeship under this
910
chapter shall complete a minimum of:
911
(a) 1,250 apprenticeship hours for a cosmetology license;
912
(b) 1,200 apprenticeship hours for a master esthetics license;
913
(c) 1,000 apprenticeship hours for:
914
(i) a master barber license; or
- 27 - S.B. 330 02-24 12:21
915
(ii) a master hair design license;
916
(d) 600 apprenticeship hours for an electrology license;
917
(e) 300 apprenticeship hours for a nail technology license;
918
(f) 270 apprenticeship hours for an eyelash and eyebrow technology license;
919
(g) 260 apprenticeship hours for a chemical hair services permit;
920
(h) 150 apprenticeship hours for a haircutting permit;
921
(i) 130 apprenticeship hours for a barbering permit; or
922
(j) 50 apprenticeship hours for a facial hair removal permit.
923
Section 23. Section 58-11a-501 is repealed and reenacted to read:
924
58-11a-501 . Unprofessional conduct.
925
Unprofessional conduct includes:
926
(1) a licensed school that fails to:
927
(a) obtain or maintain accreditation;
928
(b) comply with the required standards of accreditation;
929
(c) have curriculum approved by the division, as required by administrative rules made
930
by the divison; or
931
(d) provide adequate instruction to enrolled students;
932
(2) an apprentice supervisor that fails to:
933
(a) provide direct supervision to an apprentice; or
934
(b) comply with division rules relating to apprenticeship programs under this chapter;
935
(3) an instructor that fails to provide direct supervision to students who are providing
936
services to an individual under the instructor's supervision;
937
(4) a person that keeps a salon or school, or the salon or school's furnishings, tools, utensils,
938
linen, or appliances in an unsanitary condition;
939
(5) an individual licensed or permitted under this chapter that fails to:
940
(a) comply with Title 26B, Utah Health and Human Services Code;
941
(b) display a license or permit as required under Section 58-11a-305;
942
(c) comply with physical facility requirements established by administrative rules made
943
by the division;
944
(d) maintain mechanical or electrical equipment in safe operating condition;
945
(e) adequately monitor patrons using steam rooms, dry heat rooms, baths, showers, or
946
saunas;
947
(f) comply with all applicable state and local health or sanitation laws; or
948
(g) comply with a judgment order from a court of competent jurisdiction regarding a
- 28 - 02-24 12:21 S.B. 330
949
disagreement over tuition or education costs in relation to the requirements outlined
950
in this chapter;
951
(6) an individual licensed or permitted under this chapter:
952
(a) prescribing or administering prescription drugs;
953
(b) engaging in any act or practice in a professional capacity that is outside of the
954
applicable scope of practice;
955
(c) engaging in any act or practice in a professional capacity that the individual is not
956
competent to perform through education or training; or
957
(d) removing proximal nail fold by e-file or other tool or inserting tools beneath the
958
eponychium;
959
(7) unless the individual is under the supervision of a licensed health care practitioner
960
acting within the scope of the health care practitioner's license, an individual licensed or
961
permitted under this chapter, while using a chemical exfoliant:
962
(a) using any acid, concentration of acid, or combination of treatments that violate the
963
standards established by administrative rules made by the division;
964
(b) removing any layer of skin deeper than the stratum corneum of the epidermis; or
965
(c) using an exfoliant that contains phenol, trichloroacetic acid of over 15%, or
966
bicinchoninic acid;
967
(8) while sanding the skin, an individual licensed or permitted under this chapter, removing
968
any layer of skin deeper than the stratum corneum of the epidermis, unless the individual
969
is under the supervision of a licensed health care practitioner acting within the scope of
970
the health care practitioner's license;
971
(9) in connection to a practice regulated by this chapter, using any laser procedure or
972
intense, pulsed light source besides a nonprescriptive laser device; and
973
(10) marketing or distinguishing an establishment as a school if the establishment is not
974
licensed as a school under this chapter.
975
Section 24. Section 58-11a-503 is amended to read:
976
58-11a-503 . Penalties.
977
(1) Unless Subsection (2) applies, an individual who commits an act of unlawful conduct
978
under Section 58-11a-502 or who fails to comply with a citation issued under this
979
section after [it] the citation is final is guilty of a class A misdemeanor.
980
(2) Sexual conduct that violates Section 58-11a-502 and Title 76, Utah Criminal Code, shall
981
be subject to the applicable penalties in Title 76, Utah Criminal Code.
982
(3) Grounds for immediate suspension of [a licensee's] an individual's license or permit by
- 29 - S.B. 330 02-24 12:21
983
the division include the issuance of a citation for violation of Subsection 58-11a-502(1),
984
(3), (4), (5), or (6).
985
(4)[(a)] If upon inspection or investigation, the division concludes that [a person] an
986
individual has violated the provisions of Subsection 58-11a-502(1), (3), (4), (5), or (6),
987
or a rule or order issued with respect to Subsection 58-11a-502(1), (3), (4), (5), or (6),
988
and that disciplinary action is appropriate, the director or the director's designee from
989
within the division shall promptly issue a citation to [the person] the individual
990
according to this chapter and any pertinent rules, attempt to negotiate a stipulated
991
settlement, or notify the [person] individual to appear before an adjudicative
992
proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
993
[(i)] (5) [A person who] An individual that is in violation of Subsection 58-11a-502(1), (3),
994
(4), (5), or (6), as evidenced by an uncontested citation, a stipulated settlement, or [by a ]
995
finding of violation in an adjudicative proceeding, may be assessed a fine [pursuant to] in
996
accordance with this Subsection [(4)] (5) and may, in addition to or in lieu of a fine, be
997
ordered to cease and desist from violating Subsection 58-11a-502(1), (3), (4), (5), or (6).
998
[(ii)] (6) Except for a cease and desist order, the licensure sanctions [cited] described in
999
Section 58-11a-401 may not be assessed through a citation.
1000
(7)[(b)] (a)[(i)] Each citation shall be in writing and describe with particularity the
1001
nature of the violation, including a reference to the provision of the chapter, rule,
1002
or order alleged to have been violated.
1003
[(ii)] (b) The citation shall clearly state that the recipient must notify the division in
1004
writing within 20 calendar days of service of the citation if the recipient wishes to
1005
contest the citation at a hearing conducted under Title 63G, Chapter 4,
1006
Administrative Procedures Act.
1007
[(iii)] (c) The citation shall clearly explain the consequences of failure to timely contest
1008
the citation or to make payment of a fine assessed by the citation within the time
1009
specified in the citation.
1010
[(c)] (d) Each citation issued under this section, or a copy of each citation, may be served
1011
upon [a person] an individual upon whom a summons may be served in accordance
1012
with the Utah Rules of Civil Procedure and may be made personally or upon the [
1013
person's] individual's agent by a division investigator or by [a person] an individual
1014
specially designated by the director or by mail.
1015
[(d)] (e)(i) If within 20 calendar days from the service of a citation, the [person to
1016
whom] individual to which the citation was issued fails to request a hearing to
- 30 - 02-24 12:21 S.B. 330
1017
contest the citation, the citation becomes the final order of the division and is not
1018
subject to further agency review.
1019
(ii) The period to contest a citation may be extended by the division for cause.
1020
[(e)] (f) The division may refuse to issue or renew, suspend, revoke, or place on
1021
probation the [license of a licensee who] license or permit of an individual that fails to
1022
comply with a citation after [it] the citation becomes final.
1023
[(f)] (g) The failure of an applicant for licensure to comply with a citation after [it] the
1024
citation becomes final is a ground for denial of license.
1025
[(g)] (h) [No citation may be issued ] The director or the director's designee from within
1026
the division may not issue a citation under this section [after the expiration of] more
1027
than one year [following] after the date on which the violation that is the subject of
1028
the citation is reported to the division.
1029
[(h)] (i) [Fines shall be assessed by the director or the director's designee according to the
1030
following:] The director or the director's designee shall assess fines as follows:
1031
(i) for a first offense under Subsection [(4)(a)] (4), a fine of up to $1,000;
1032
(ii) for a second offense under Subsection [(4)(a)] (4), a fine of up to $2,000; and
1033
(iii) for any subsequent offense under Subsection [(4)(a)] (4), a fine of up to $2,000
1034
for each day of continued offense.
1035
[(i)] (j)[(i)] For purposes of issuing a final order under this section and assessing a
1036
fine under Subsection [(4)(h)] (7)(i), an offense constitutes a second or subsequent
1037
offense if:
1038
[(A)] (i) the division previously issued a final order determining that [a person] an
1039
individual committed a first or second offense in violation of Subsection
1040
58-11a-502(1), (3), (4), (5), or (6); or
1041
[(B)] (ii)[(I)] (A) the division initiated an action for a first or second offense;
1042
[(II)] (B) no final order has been issued by the division in the action initiated under
1043
Subsection [(4)(i)(i)(B)(I)] (7)(j)(ii)(A);
1044
[(III)] (C) the division determines during an investigation that occurred after the
1045
initiation of the action under Subsection [(4)(i)(i)(B)(I)] (7)(j)(ii)(A) that the [
1046
person] individual committed a second or subsequent violation of Subsection
1047
58-11a-502(1), (3), (4), (5), or (6); and
1048
[(IV)] (D) after determining that the [person] individual committed a second or
1049
subsequent offense under Subsection [(4)(i)(i)(B)(III)] (7)(j)(ii)(C), the division
1050
issues a final order on the action initiated under Subsection [(4)(i)(i)(B)(I)]
- 31 - S.B. 330 02-24 12:21
1051
(7)(j)(ii)(A).
1052
[(ii)] (k) In issuing a final order for a second or subsequent offense under Subsection [
1053
(4)(i)(i)] (7)(j), the division shall comply with the requirements of this section.
1054
[(5)] (8)(a) A penalty imposed by the director under Subsection [(4)(h)] (7)(i) shall be
1055
deposited into the [Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail
1056
Technician Education and Enforcement Fund] Cosmetology and Associated
1057
Professions Education and Enforcement Fund.
1058
(b) [A penalty which is not paid may be collected by the director by either:] The
1059
director may collect an unpaid penalty by:
1060
(i) referring the matter to a collection agency; or
1061
(ii) bringing an action in the district court of the county in which the [person]
1062
individual against whom the penalty is imposed resides or in the county where the
1063
office of the director is located.
1064
(c) A county attorney or the attorney general of the state shall provide legal assistance
1065
and advice to the director in an action to collect a penalty.
1066
(d) A court shall award reasonable attorney fees and costs to the prevailing party in an
1067
action brought by the division to collect a penalty.
1068
Section 25. Section 58-67-102 is amended to read:
1069
58-67-102 . Definitions.
1070
In addition to the definitions in Section 58-1-102, as used in this chapter:
1071
(1)(a) "Ablative procedure" means a procedure that is expected to excise, vaporize,
1072
disintegrate, or remove living tissue, including the use of carbon dioxide lasers and
1073
erbium: YAG lasers.
1074
(b) "Ablative procedure" does not include hair removal or cryolipolysis.
1075
(2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
1076
American Medical Association.
1077
(3) "Administrative penalty" means a monetary fine or citation imposed by the division for
1078
acts or omissions determined to constitute unprofessional or unlawful conduct, in
1079
accordance with a fine schedule established by the division in collaboration with the
1080
board, as a result of an adjudicative proceeding conducted in accordance with Title 63G,
1081
Chapter 4, Administrative Procedures Act.
1082
(4) "Associate physician" means an individual licensed under Section 58-67-302.8.
1083
(5) "Attempted sex change" means an attempt or effort to change an individual's body to
1084
present that individual as being of a sex or gender that is different from the individual's
- 32 - 02-24 12:21 S.B. 330
1085
biological sex at birth.
1086
(6) "Biological sex at birth" means an individual's sex, as being male or female, according
1087
to distinct reproductive roles as manifested by:
1088
(a) sex and reproductive organ anatomy;
1089
(b) chromosomal makeup; and
1090
(c) endogenous hormone profiles.
1091
(7) "Board" means the Medical Licensing Board created in Section 58-67-201.
1092
(8) "Collaborating physician" means an individual licensed under Section 58-67-302 who
1093
enters into a collaborative practice arrangement with an associate physician.
1094
(9) "Collaborative practice arrangement" means the arrangement described in Section
1095
58-67-807.
1096
(10)(a) "Cosmetic medical device" means tissue altering energy based devices that have
1097
the potential for altering living tissue and that are used to perform ablative or
1098
nonablative procedures, such as American National Standards Institute [(ANSI) ]
1099
designated Class IIIb and Class IV lasers, intense pulsed light, radio frequency
1100
devices, and lipolytic devices, and excludes [ANSI] American National Standards
1101
Institute designated Class IIIa and lower powered devices.
1102
(b) Notwithstanding Subsection (10)(a), if an [ANSI] American National Standards
1103
Institute designated Class IIIa and lower powered device is being used to perform an
1104
ablative procedure, the device is included in the definition of cosmetic medical
1105
device under Subsection (10)(a).
1106
(11)(a) "Cosmetic medical procedure" includes:
1107
(i) the use of cosmetic medical devices to perform ablative or nonablative
1108
procedures; or
1109
(ii) the injection of medication or substance, including a neurotoxin or a filler, for
1110
cosmetic purposes.
1111
(b) "Cosmetic medical procedure" does not include a treatment of the ocular globe
1112
including refractive surgery.
1113
(12) "Diagnose" means:
1114
(a) to examine in any manner another person, parts of a person's body, substances,
1115
fluids, or materials excreted, taken, or removed from a person's body, or produced by
1116
a person's body, to determine the source, nature, kind, or extent of a disease or other
1117
physical or mental condition;
1118
(b) to attempt to conduct an examination or determination described under Subsection
- 33 - S.B. 330 02-24 12:21
1119
(12)(a);
1120
(c) to hold oneself out as making or to represent that one is making an examination or
1121
determination as described in Subsection (12)(a); or
1122
(d) to make an examination or determination as described in Subsection (12)(a) upon or
1123
from information supplied directly or indirectly by another person, whether or not in
1124
the presence of the person making or attempting the diagnosis or examination.
1125
(13) "LCME" means the Liaison Committee on Medical Education of the American
1126
Medical Association.
1127
(14) "Medical assistant" means an unlicensed individual who may perform tasks as
1128
described in Subsection 58-67-305(6).
1129
(15) "Medically underserved area" means a geographic area in which there is a shortage of
1130
primary care health services for residents, as determined by the Department of Health
1131
and Human Services.
1132
(16) "Medically underserved population" means a specified group of people living in a
1133
defined geographic area with a shortage of primary care health services, as determined
1134
by the Department of Health and Human Services.
1135
(17)(a)(i) "Nonablative procedure" means a procedure that is expected or intended to
1136
alter living tissue, but is not intended or expected to excise, vaporize, disintegrate,
1137
or remove living tissue.
1138
(ii) Notwithstanding Subsection (17)(a)(i) nonablative procedure includes hair
1139
removal.
1140
(b) "Nonablative procedure" does not include:
1141
(i) a superficial procedure as defined in Section 58-1-102;
1142
(ii) the application of permanent make-up;
1143
(iii) laser tattoo removal; or
1144
[(iii)] (iv) the use of photo therapy and lasers for neuromusculoskeletal treatments that
1145
are performed by an individual licensed under this title who is acting within the
1146
individual's scope of practice.
1147
(18) "Physician" means both physicians and surgeons licensed under [Section 58-67-301,
1148
Utah Medical Practice Act] Part 3, Licensing, and osteopathic physicians and surgeons
1149
licensed under [Section 58-68-301, Utah Osteopathic Medical Practice Act] Chapter 68,
1150
Part 3, Licensing.
1151
(19)(a) "Practice of medicine" means:
1152
(i) to diagnose, treat, correct, administer anesthesia, or prescribe for any human
- 34 - 02-24 12:21 S.B. 330
1153
disease, ailment, injury, infirmity, deformity, pain or other condition, physical or
1154
mental, real or imaginary, including to perform cosmetic medical procedures, or to
1155
attempt to do so, by any means or instrumentality, and by an individual in Utah or
1156
outside the state upon or for any human within the state;
1157
(ii) when a person not licensed as a physician directs a licensee under this chapter to
1158
withhold or alter the health care services that the licensee has ordered;
1159
(iii) to maintain an office or place of business for the purpose of doing any of the acts
1160
described in Subsection (19)(a)(i) or (ii) whether or not for compensation; or
1161
(iv) to use, in the conduct of any occupation or profession pertaining to the diagnosis
1162
or treatment of human diseases or conditions in any printed material, stationery,
1163
letterhead, envelopes, signs, or advertisements, the designation "doctor," "doctor
1164
of medicine," "physician," "surgeon," "physician and surgeon," "Dr.," "M.D.," or
1165
any combination of these designations in any manner which might cause a
1166
reasonable person to believe the individual using the designation is a licensed
1167
physician and surgeon, and if the party using the designation is not a licensed
1168
physician and surgeon, the designation must additionally contain the description
1169
of the branch of the healing arts for which the person has a license, provided that
1170
an individual who has received an earned degree of doctor of medicine degree but
1171
is not a licensed physician and surgeon in Utah may use the designation "M.D." if
1172
it is followed by "Not Licensed" or "Not Licensed in Utah" in the same size and
1173
style of lettering.
1174
(b) The practice of medicine does not include:
1175
(i) except for an ablative medical procedure as provided in Subsection (19)(b)(ii) the
1176
conduct described in Subsection (19)(a)(i) that is performed in accordance with a
1177
license issued under another chapter of this title;
1178
(ii) an ablative cosmetic medical procedure if the scope of practice for the person
1179
performing the ablative cosmetic medical procedure includes the authority to
1180
operate or perform a surgical procedure; or
1181
(iii) conduct under Subsection 58-67-501(2).
1182
(20) "Prescription device" means an instrument, apparatus, implement, machine,
1183
contrivance, implant, in vitro reagent, or other similar or related article, and any
1184
component part or accessory, which is required under federal or state law to be
1185
prescribed by a practitioner and dispensed by or through a person or entity licensed
1186
under this chapter or exempt from licensure under this chapter.
- 35 - S.B. 330 02-24 12:21
1187
(21) "Prescription drug" means a drug that is required by federal or state law or rule to be
1188
dispensed only by prescription or is restricted to administration only by practitioners.
1189
(22)(a) "Primary sex characteristic surgical procedure" means any of the following if
1190
done for the purpose of effectuating or facilitating an individual's attempted sex
1191
change:
1192
(i) for an individual whose biological sex at birth is male, castration, orchiectomy,
1193
penectomy, vaginoplasty, or vulvoplasty;
1194
(ii) for an individual whose biological sex at birth is female, hysterectomy,
1195
oophorectomy, metoidioplasty, or phalloplasty; or
1196
(iii) any surgical procedure that is related to or necessary for a procedure described in
1197
Subsection (22)(a)(i) or (ii), that would result in the sterilization of an individual
1198
who is not sterile.
1199
(b) "Primary sex characteristic surgical procedure" does not include:
1200
(i) surgery or other procedures or treatments performed on an individual who:
1201
(A) is born with external biological sex characteristics that are irresolvably
1202
ambiguous;
1203
(B) is born with 46, XX chromosomes with virilization;
1204
(C) is born with 46, XY chromosomes with undervirilization;
1205
(D) has both ovarian and testicular tissue; or
1206
(E) has been diagnosed by a physician, based on genetic or biochemical testing,
1207
with a sex development disorder characterized by abnormal sex chromosome
1208
structure, sex steroid hormone production, or sex steroid hormone action for a
1209
male or female; or
1210
(ii) removing a body part:
1211
(A) because the body part is cancerous or diseased; or
1212
(B) for a reason that is medically necessary, other than to effectuate or facilitate an
1213
individual's attempted sex change.
1214
(23)(a) "Secondary sex characteristic surgical procedure" means any of the following if
1215
done for the purpose of effectuating or facilitating an individual's attempted sex
1216
change:
1217
(i) for an individual whose biological sex at birth is male, breast augmentation
1218
surgery, chest feminization surgery, or facial feminization surgery; or
1219
(ii) for an individual whose biological sex at birth is female, mastectomy, breast
1220
reduction surgery, chest masculinization surgery, or facial masculinization surgery.
- 36 - 02-24 12:21 S.B. 330
1221
(b) "Secondary sex characteristic surgical procedure" does not include:
1222
(i) surgery or other procedures or treatments performed on an individual who:
1223
(A) is born with external biological sex characteristics that are irresolvably
1224
ambiguous;
1225
(B) is born with 46, XX chromosomes with virilization;
1226
(C) is born with 46, XY chromosomes with undervirilization;
1227
(D) has both ovarian and testicular tissue; or
1228
(E) has been diagnosed by a physician, based on genetic or biochemical testing,
1229
with a sex development disorder characterized by abnormal sex chromosome
1230
structure, sex steroid hormone production, or sex steroid hormone action for a
1231
male or female; or
1232
(ii) removing a body part:
1233
(A) because the body part is cancerous or diseased; or
1234
(B) for a reason that is medically necessary, other than to effectuate or facilitate an
1235
individual's attempted sex change.
1236
(24) "SPEX" means the Special Purpose Examination of the Federation of State Medical
1237
Boards.
1238
(25) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
1239
58-67-501.
1240
(26) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
1241
and 58-67-502, and as may be further defined by division rule.
1242
Section 26. Section 58-68-102 is amended to read:
1243
58-68-102 . Definitions.
1244
In addition to the definitions in Section 58-1-102, as used in this chapter:
1245
(1)(a) "Ablative procedure" means a procedure that is expected to excise, vaporize,
1246
disintegrate, or remove living tissue, including the use of carbon dioxide lasers and
1247
erbium: YAG lasers.
1248
(b) "Ablative procedure" does not include hair removal.
1249
(2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
1250
American Medical Association.
1251
(3) "Administrative penalty" means a monetary fine imposed by the division for acts or
1252
omissions determined to constitute unprofessional or unlawful conduct, as a result of an
1253
adjudicative proceeding conducted in accordance with Title 63G, Chapter 4,
1254
Administrative Procedures Act.
- 37 - S.B. 330 02-24 12:21
1255
(4) "AOA" means the American Osteopathic Association.
1256
(5) "Associate physician" means an individual licensed under Section 58-68-302.5.
1257
(6) "Attempted sex change" means an attempt or effort to change an individual's body to
1258
present that individual as being of a sex or gender that is different from the individual's
1259
biological sex at birth.
1260
(7) "Biological sex at birth" means an individual's sex, as being male or female, according
1261
to distinct reproductive roles as manifested by:
1262
(a) sex and reproductive organ anatomy;
1263
(b) chromosomal makeup; and
1264
(c) endogenous hormone profiles.
1265
(8) "Board" means the Medical Licensing Board created in Section 58-67-201.
1266
(9) "Collaborating physician" means an individual licensed under Section 58-68-302 who
1267
enters into a collaborative practice arrangement with an associate physician.
1268
(10) "Collaborative practice arrangement" means the arrangement described in Section
1269
58-68-807.
1270
(11)(a) "Cosmetic medical device" means tissue altering energy based devices that have
1271
the potential for altering living tissue and that are used to perform ablative or
1272
nonablative procedures, such as American National Standards Institute [(ANSI) ]
1273
designated Class IIIb and Class IV lasers, intense pulsed light, radio frequency
1274
devices, and lipolytic devices and excludes [ANSI] American National Standards
1275
Institute designated Class IIIa and lower powered devices.
1276
(b) Notwithstanding Subsection (11)(a), if an [ANSI] American National Standards
1277
Institute designated Class IIIa and lower powered device is being used to perform an
1278
ablative procedure, the device is included in the definition of cosmetic medical
1279
device under Subsection (11)(a).
1280
(12) "Cosmetic medical procedure":
1281
(a) includes the use of cosmetic medical devices to perform ablative or nonablative
1282
procedures; and
1283
(b) does not include a treatment of the ocular globe such as refractive surgery.
1284
(13) "Diagnose" means:
1285
(a) to examine in any manner another person, parts of a person's body, substances,
1286
fluids, or materials excreted, taken, or removed from a person's body, or produced by
1287
a person's body, to determine the source, nature, kind, or extent of a disease or other
1288
physical or mental condition;
- 38 - 02-24 12:21 S.B. 330
1289
(b) to attempt to conduct an examination or determination described under Subsection
1290
(13)(a);
1291
(c) to hold oneself out as making or to represent that one is making an examination or
1292
determination as described in Subsection (13)(a); or
1293
(d) to make an examination or determination as described in Subsection (13)(a) upon or
1294
from information supplied directly or indirectly by another person, whether or not in
1295
the presence of the person making or attempting the diagnosis or examination.
1296
(14) "Medical assistant" means an unlicensed individual who may perform tasks as
1297
described in Subsection 58-68-305(6).
1298
(15) "Medically underserved area" means a geographic area in which there is a shortage of
1299
primary care health services for residents, as determined by the Department of Health
1300
and Human Services.
1301
(16) "Medically underserved population" means a specified group of people living in a
1302
defined geographic area with a shortage of primary care health services, as determined
1303
by the Department of Health and Human Services.
1304
(17)(a)(i) "Nonablative procedure" means a procedure that is expected or intended to
1305
alter living tissue, but is not expected or intended to excise, vaporize, disintegrate,
1306
or remove living tissue.
1307
(ii) Notwithstanding Subsection (17)(a)(i), nonablative procedure includes hair
1308
removal.
1309
(b) "Nonablative procedure" does not include:
1310
(i) a superficial procedure as defined in Section 58-1-102;
1311
(ii) the application of permanent make-up;
1312
(iii) laser tattoo removal; or
1313
[(iii)] (iv) the use of photo therapy lasers for neuromusculoskeletal treatments that are
1314
performed by an individual licensed under this title who is acting within the
1315
individual's scope of practice.
1316
(18) "Physician" means both physicians and surgeons licensed under [Section 58-67-301,
1317
Utah Medical Practice Act] Part 3, Licensing, and osteopathic physicians and surgeons
1318
licensed under [Section 58-68-301, Utah Osteopathic Medical Practice Act] Chapter 68,
1319
Part 3, Licensing.
1320
(19)(a) "Practice of osteopathic medicine" means:
1321
(i) to diagnose, treat, correct, administer anesthesia, or prescribe for any human
1322
disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or
- 39 - S.B. 330 02-24 12:21
1323
mental, real or imaginary, or to attempt to do so, by any means or instrumentality,
1324
which in whole or in part is based upon emphasis of the importance of the
1325
musculoskeletal system and manipulative therapy in the maintenance and
1326
restoration of health, by an individual in Utah or outside of the state upon or for
1327
any human within the state;
1328
(ii) when a person not licensed as a physician directs a licensee under this chapter to
1329
withhold or alter the health care services that the licensee has ordered;
1330
(iii) to maintain an office or place of business for the purpose of doing any of the acts
1331
described in Subsection (19)(a)(i) or (ii) whether or not for compensation; or
1332
(iv) to use, in the conduct of any occupation or profession pertaining to the diagnosis
1333
or treatment of human diseases or conditions, in any printed material, stationery,
1334
letterhead, envelopes, signs, or advertisements, the designation "doctor," "doctor
1335
of osteopathic medicine," "osteopathic physician," "osteopathic surgeon,"
1336
"osteopathic physician and surgeon," "Dr.," "D.O.," or any combination of these
1337
designations in any manner which might cause a reasonable person to believe the
1338
individual using the designation is a licensed osteopathic physician, and if the
1339
party using the designation is not a licensed osteopathic physician, the designation
1340
must additionally contain the description of the branch of the healing arts for
1341
which the person has a license, provided that an individual who has received an
1342
earned degree of doctor of osteopathic medicine but is not a licensed osteopathic
1343
physician and surgeon in Utah may use the designation "D.O." if it is followed by
1344
"Not Licensed" or "Not Licensed in Utah" in the same size and style of lettering.
1345
(b) The practice of osteopathic medicine does not include:
1346
(i) except for an ablative medical procedure as provided in Subsection (19)(b)(ii), the
1347
conduct described in Subsection (19)(a)(i) that is performed in accordance with a
1348
license issued under another chapter of this title;
1349
(ii) an ablative cosmetic medical procedure if the scope of practice for the person
1350
performing the ablative cosmetic medical procedure includes the authority to
1351
operate or perform a surgical procedure; or
1352
(iii) conduct under Subsection 58-68-501(2).
1353
(20) "Prescription device" means an instrument, apparatus, implement, machine,
1354
contrivance, implant, in vitro reagent, or other similar or related article, and any
1355
component part or accessory, which is required under federal or state law to be
1356
prescribed by a practitioner and dispensed by or through a person or entity licensed
- 40 - 02-24 12:21 S.B. 330
1357
under this chapter or exempt from licensure under this chapter.
1358
(21) "Prescription drug" means a drug that is required by federal or state law or rule to be
1359
dispensed only by prescription or is restricted to administration only by practitioners.
1360
(22)(a) "Primary sex characteristic surgical procedure" means any of the following if
1361
done for the purpose of effectuating or facilitating an individual's attempted sex
1362
change:
1363
(i) for an individual whose biological sex at birth is male, castration, orchiectomy,
1364
penectomy, vaginoplasty, or vulvoplasty;
1365
(ii) for an individual whose biological sex at birth is female, hysterectomy,
1366
oophorectomy, metoidioplasty, or phalloplasty; or
1367
(iii) any surgical procedure that is related to or necessary for a procedure described in
1368
Subsection (22)(a)(i) or (ii), that would result in the sterilization of an individual
1369
who is not sterile.
1370
(b) "Primary sex characteristic surgical procedure" does not include:
1371
(i) surgery or other procedures or treatments performed on an individual who:
1372
(A) is born with external biological sex characteristics that are irresolvably
1373
ambiguous;
1374
(B) is born with 46, XX chromosomes with virilization;
1375
(C) is born with 46, XY chromosomes with undervirilization;
1376
(D) has both ovarian and testicular tissue; or
1377
(E) has been diagnosed by a physician, based on genetic or biochemical testing,
1378
with a sex development disorder characterized by abnormal sex chromosome
1379
structure, sex steroid hormone production, or sex steroid hormone action for a
1380
male or female; or
1381
(ii) removing a body part:
1382
(A) because the body part is cancerous or diseased; or
1383
(B) for a reason that is medically necessary, other than to effectuate or facilitate an
1384
individual's attempted sex change.
1385
(23)(a) "Secondary sex characteristic surgical procedure" means any of the following if
1386
done for the purpose of effectuating or facilitating an individual's attempted sex
1387
change:
1388
(i) for an individual whose biological sex at birth is male, breast augmentation
1389
surgery, chest feminization surgery, or facial feminization surgery; or
1390
(ii) for an individual whose biological sex at birth is female, mastectomy, breast
- 41 - S.B. 330 02-24 12:21
1391
reduction surgery, chest masculinization surgery, or facial masculinization surgery.
1392
(b) "Secondary sex characteristic surgical procedure" does not include:
1393
(i) surgery or other procedures or treatments performed on an individual who:
1394
(A) is born with external biological sex characteristics that are irresolvably
1395
ambiguous;
1396
(B) is born with 46, XX chromosomes with virilization;
1397
(C) is born with 46, XY chromosomes with undervirilization;
1398
(D) has both ovarian and testicular tissue; or
1399
(E) has been diagnosed by a physician, based on genetic or biochemical testing,
1400
with a sex development disorder characterized by abnormal sex chromosome
1401
structure, sex steroid hormone production, or sex steroid hormone action for a
1402
male or female; or
1403
(ii) removing a body part:
1404
(A) because the body part is cancerous or diseased; or
1405
(B) for a reason that is medically necessary, other than to effectuate or facilitate an
1406
individual's attempted sex change.
1407
(24) "SPEX" means the Special Purpose Examination of the Federation of State Medical
1408
Boards.
1409
(25) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
1410
58-68-501.
1411
(26) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
1412
and 58-68-502 and as may be further defined by division rule.
1413
Section 27. Effective Date.
1414
This bill takes effect on January 1, 2026.
- 42 -