02-28 15:21 1st Sub. (Green) S.B. 330
Scott D. Sandall proposes the following substitute bill:
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:
1st Sub. S.B. 330 1st Sub. (Green) S.B. 330 02-28 15:21
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
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)(a) "Ablative procedure" means the same as that term is defined in Section 58-67-102.
- 2 - 02-28 15:21 1st Sub. (Green) S.B. 330
63
(b) "Ablative procedure" does not include laser tattoo removal.
64
(2) "Cosmetic medical procedure":
65
(a) means the same as that term is defined in Section 58-67-102; and
66
(b) except for Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah Osteopathic
67
Medical Practice Act, does not apply to the scope of practice of an individual
68
licensed under this title if the individual's scope of practice includes the authority to
69
operate or perform surgical procedures.
70
(3) "Cryolipolysis" means a nonablative fat reduction procedure that uses cold temperature
71
to reduce fat deposits in certain areas of the body.
72
(4) "Department" means the Department of Commerce.
73
(5) "Director" means the director of the Division of Professional Licensing.
74
(6) "Division" means the Division of Professional Licensing created in Section 58-1-103.
75
(7) "Executive director" means the executive director of the Department of Commerce.
76
(8) "Licensee" includes any holder of a license, certificate, registration, permit, student
77
card, or apprentice card authorized under this title.
78
(9)(a)(i) "Nonablative procedure" means a procedure that is expected or intended to
79
alter living tissue, but not intended or expected to excise, vaporize, disintegrate, or
80
remove living tissue.
81
(ii) Notwithstanding Subsection [(8)(a)(i)] (9)(a)(i), nonablative procedure includes
82
hair removal and cryolipolysis.
83
(b) "Nonablative procedure" does not include:
84
(i) a superficial procedure;
85
(ii) the application of permanent make-up;
86
(iii) laser tattoo removal; or
87
[(iii)] (iv) the use of photo therapy and lasers for neuromusculoskeletal treatments that
88
are performed by an individual licensed under this title who is acting within their
89
scope of practice.
90
(10) "Pain clinic" means:
91
(a) a clinic that advertises its primary purpose is the treatment of chronic pain; or
92
(b) a clinic in which greater than 50% of the clinic's annual patient population receive
93
treatment primarily for non-terminal chronic pain using Schedule II-III controlled
94
substances.
95
(11) "Superficial procedure" means a procedure that is expected or intended to temporarily
96
alter living skin tissue and may excise or remove stratum corneum but have no
- 3 - 1st Sub. (Green) S.B. 330 02-28 15:21
97
appreciable risk of damage to any tissue below the stratum corneum.
98
(12) "Telemedicine service" means the same as that term is defined in Section 26B-4-704.
99
(13) "Unlawful conduct" means the same as that term is defined in Subsection 58-1-501(1).
100
(14) "Unprofessional conduct" means the same as that term is defined in Subsection
101
58-1-501(2).
102
Section 2. Section 58-1-506 is amended to read:
103
58-1-506 . Supervision of cosmetic medical procedures.
104
(1) For purposes of this section:
105
(a) "Delegation group A" means the following who are licensed under this title, acting
106
within their respective scopes of practice, and qualified under Subsections (2)(f)(i)
107
and (iii):
108
(i) a physician assistant, if acting in accordance with Chapter 70a, Utah Physician
109
Assistant Act;
110
(ii) a registered nurse;
111
(iii) a master esthetician; and
112
(iv) an electrologist, if evaluating for or performing laser hair removal.
113
(b) "Delegation group B" means:
114
(i) a practical nurse [or an esthetician ]who is licensed under this title, acting within [
115
their respective scopes] the nurse's scope of practice, and qualified under
116
Subsections (2)(f)(i) and (iii); and
117
(ii) a medical assistant who is qualified under Subsections (2)(f)(i) and (iii).
118
(c) "Direct cosmetic medical procedure supervision" means the supervisor:
119
(i) has authorized the procedure to be done on the patient by the supervisee; and
120
(ii) is present and available for a face-to-face communication with the supervisee
121
when and where a cosmetic medical procedure is performed.
122
(d) "General cosmetic medical procedure supervision" means the supervisor:
123
(i) has authorized the procedure to be done on the patient by the supervisee;
124
(ii) is available in a timely and appropriate manner in person to evaluate and initiate
125
care for a patient with a suspected adverse reaction or complication; and
126
(iii) is located within 60 minutes or 60 miles of the cosmetic medical facility.
127
(e) "Hair removal review" means:
128
(i) conducting an in-person, face-to-face interview of a patient based on the responses
129
provided by the patient to a detailed medical history assessment that was prepared
130
by the supervisor;
- 4 - 02-28 15:21 1st Sub. (Green) S.B. 330
131
(ii) evaluating for contraindications and conditions that are part of the treatment plan;
132
and
133
(iii) if the patient history or patient presentation deviates in any way from the
134
treatment plan, referring the patient to the supervisor and receiving clearance from
135
the supervisor before starting the treatment.
136
(f) "Indirect cosmetic medical procedure supervision" means the supervisor:
137
(i) has authorized the procedure to be done on the patient by the supervisee;
138
(ii) has given written instructions to the person being supervised;
139
(iii) is present within the cosmetic medical facility in which the person being
140
supervised is providing services; and
141
(iv) is available to:
142
(A) provide immediate face-to-face communication with the person being
143
supervised; and
144
(B) evaluate the patient, as necessary.
145
(2) A supervisor supervising a nonablative cosmetic medical procedure for hair removal
146
shall:
147
(a) have an unrestricted license to practice medicine or advanced practice registered
148
nursing in the state;
149
(b) develop the medical treatment plan for the procedure;
150
(c) conduct a hair removal review, or delegate the hair removal review to a member of
151
delegation group A, of the patient prior to initiating treatment or a series of
152
treatments;
153
(d) personally perform the nonablative cosmetic medical procedure for hair removal, or
154
authorize and delegate the procedure to a member of delegation group A or B;
155
(e) during the nonablative cosmetic medical procedure for hair removal provide general
156
cosmetic medical procedure supervision to individuals in delegation group A
157
performing the procedure, except physician assistants, who shall act in accordance
158
with Chapter 70a, Utah Physician Assistant Act, and indirect cosmetic medical
159
procedure supervision to individuals in delegation group B performing the procedure;
160
and
161
(f) verify that a person to whom the supervisor delegates an evaluation under Subsection
162
(2)(c) or delegates a procedure under Subsection (2)(d)[ or (3)(c)(ii)]:
163
(i) has received appropriate training regarding the medical procedures developed
164
under Subsection (2)(b);
- 5 - 1st Sub. (Green) S.B. 330 02-28 15:21
165
(ii) has an unrestricted license under this title or is performing under the license of the
166
supervising physician and surgeon; and
167
(iii) has maintained competence to perform the nonablative cosmetic medical
168
procedure through documented education and experience of at least 80 hours, as
169
further defined by rule, regarding:
170
(A) the appropriate standard of care for performing nonablative cosmetic medical
171
procedures;
172
(B) physiology of the skin;
173
(C) skin typing and analysis;
174
(D) skin conditions, disorders, and diseases;
175
(E) pre- and post-procedure care;
176
(F) infection control;
177
(G) laser and light physics training;
178
(H) laser technologies and applications;
179
(I) safety and maintenance of lasers;
180
(J) cosmetic medical procedures an individual is permitted to perform under this
181
title;
182
(K) recognition and appropriate management of complications from a procedure;
183
and
184
(L) cardiopulmonary resuscitation (CPR).
185
[(3) For a nonablative cosmetic medical procedure for tattoo removal:]
186
[(a) a supervisor supervising a nonablative cosmetic medical procedure for tattoo
187
removal shall:]
188
[(i) have an unrestricted license to practice medicine or advanced practice registered
189
nursing in the state; and]
190
[(ii) develop the medical treatment plan for the procedure; and]
191
[(b) a nurse practitioner or physician assistant:]
192
[(i) shall conduct an in-person face-to-face evaluation of a patient before initiating a
193
treatment protocol or series of treatments for removing a tattoo;]
194
[(ii) shall inspect the patient's skin for any discoloration unrelated to the tattoo and
195
any other indication of cancer or other condition that should be treated or further
196
evaluated before the tattoo is removed;]
197
[(iii) shall refer a patient with a condition described in Subsection (3)(b)(ii) to a
198
physician for treatment or further evaluation; and]
- 6 - 02-28 15:21 1st Sub. (Green) S.B. 330
199
[(iv) may not perform a nonablative cosmetic medical procedure to remove a tattoo
200
on a patient unless the patient is approved for the tattoo removal by a physician
201
after the physician evaluates the patient.]
202
[(4)] (3) For a nonablative cosmetic medical procedure other than hair removal under
203
Subsection (2)[ or tattoo removal under Subsection (3)]:
204
(a) a physician who has an unrestricted license to practice medicine, a nurse practitioner
205
who has an unrestricted license for advanced practice registered nursing, or a
206
physician assistant acting in accordance with Chapter 70a, Utah Physician Assistant
207
Act, who has an unrestricted license to practice as a physician assistant, shall:
208
(i) develop a treatment plan for the nonablative cosmetic medical procedure; and
209
(ii) conduct an evaluation of the patient either in-person or utilizing a live
210
telemedicine visit before the initiation of a treatment protocol or series of
211
treatments; and
212
(b) the supervisor supervising the procedure shall:
213
(i) have an unrestricted license to practice medicine or advanced practice registered
214
nursing;
215
(ii) personally perform the nonablative cosmetic medical procedure or:
216
(A) authorize and provide general cosmetic medical procedure supervision for the
217
nonablative cosmetic medical procedure that is performed by a registered nurse
218
or a master esthetician; or
219
(B) authorize and provide supervision as provided in Chapter 70a, Utah Physician
220
Assistant Act, for the nonablative cosmetic medical procedure that is
221
performed by a physician assistant;[ or] and
222
(C) authorize and provide direct cosmetic medical procedure supervision for the
223
nonablative cosmetic medical procedure that is performed by [an esthetician] a
224
practical nurse; and
225
(iii) verify that a person to whom the supervisor delegates a procedure under
226
Subsection [(3)(c)] (3)(b):
227
(A) has received appropriate training regarding the medical procedures to be
228
performed;
229
(B) has an unrestricted license and is acting within the person's scope of practice
230
under this title; and
231
(C) is qualified under Subsection (2)(f)(iii).
232
[(5)] (4) A supervisor performing or supervising a cosmetic medical procedure under
- 7 - 1st Sub. (Green) S.B. 330 02-28 15:21
233
Subsection (2) or (3)[ or (4)] shall ensure that:
234
(a) the supervisor's name is prominently posted at the cosmetic medical facility
235
identifying the supervisor;
236
(b) a copy of the supervisor's license is displayed on the wall of the cosmetic medical
237
facility;
238
(c) the patient receives written information with the name and licensing information of
239
the supervisor who is supervising the nonablative cosmetic medical procedure and
240
the person who is performing the nonablative cosmetic medical procedure;
241
(d) the patient is provided with a telephone number that is answered within 24 hours for
242
follow-up communication; and
243
(e) the cosmetic medical facility's contract with a master esthetician who performs a
244
nonablative cosmetic medical procedure at the facility is kept on the premises of the
245
facility.
246
[(6)] (5) Failure to comply with the provisions of this section is unprofessional conduct.
247
[(7)] (6) A chiropractic physician licensed under Chapter 73, Chiropractic Physician
248
Practice Act, is not subject to the supervision requirements in this section for a
249
nonablative cosmetic medical procedure for hair removal if the chiropractic physician is
250
acting within the scope of practice of a chiropractic physician and with training specific
251
to nonablative hair removal.
252
Section 3. Section 58-11a-102 is repealed and reenacted to read:
253
58-11a-102 . Definitions.
254
As used in this chapter:
255
(1) "Approved apprenticeship" means an apprenticeship that meets the requirements of
256
Section 58-11a-306 for any applicable license or permit type and the requirements
257
established by administrative rules made by the division in collaboration with the board
258
and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
259
(2) "Board" means the Cosmetology and Associated Professions Licensing Board created in
260
Section 58-11a-201.
261
(3)(a) "Cosmetic medical device" means a tissue altering energy based device that has
262
the potential for altering living tissue and that is used to perform ablative or
263
nonablative procedures.
264
(b) "Cosmetic medical device" includes:
265
(i) an American National Standards Institute designated Class IIIb and Class IV
266
lasers;
- 8 - 02-28 15:21 1st Sub. (Green) S.B. 330
267
(ii) a device that utilizes intense pulsed light;
268
(iii) a radio frequency devices; and
269
(iv) a lipolytic devices.
270
(c) "Cosmetic medical device" does not include an American National Standards
271
Institute designated Class IIIa and lower powered device.
272
(4) "Dermaplane" means the use of a scalpel or bladed instrument to shave the upper layers
273
of the stratum corneum.
274
(5) "Direct supervision" means that the supervisor of an apprentice or the instructor of a
275
student is physically present in the same building as the apprentice or student and readily
276
able to establish direct contact with the apprentice or student for consultation, advice,
277
instruction, and evaluation.
278
(6) "Division" means the Division of Professional Licensing, created in Section 58-1-103.
279
(7)(a) "Hair braiding" means the twisting, weaving, or interweaving of an individual's
280
natural human hair.
281
(b) "Hair braiding" includes the following methods or styles:
282
(i) African-style braiding;
283
(ii) box braids;
284
(iii) cornrows;
285
(iv) dreadlocks;
286
(v) french braids;
287
(vi) invisible braids;
288
(vii) micro braids;
289
(viii) single braids;
290
(ix) single plaits;
291
(x) twists;
292
(xi) visible braids;
293
(xii) the use of lock braids;
294
(xiii) the use of decorative beads, accessories, and extensions; and
295
(xiv) the use of wefts if applied without the use of glue or tape.
296
(c) "Hair braiding" does not include:
297
(i) the use of:
298
(A) wefts if applied with the use of glue or tape;
299
(B) synthetic tape;
300
(C) synthetic glue;
- 9 - 1st Sub. (Green) S.B. 330 02-28 15:21
301
(D) keratin bonds;
302
(E) fusion bonds; or
303
(F) heat tools;
304
(ii) the cutting of human hair; or
305
(iii) the application of heat, dye, a reactive chemical, or other preparation to:
306
(A) alter the color of the hair; or
307
(B) straighten, curl, or alter the structure of the hair.
308
(8) "Instructor" means an individual that is licensed to instruct a discipline that is regulated
309
by this chapter.
310
(9) "Licensed school" means a school in Utah that:
311
(a) meets the standards for accreditation established by administrative rules made by the
312
division; or
313
(b) is using curriculum approved by the division.
314
(10)(a) "Manual hair removal" means superfluous hair removal that is performed
315
without using a cosmetic medical device or electrolysis.
316
(b) "Manual hair removal" includes:
317
(i) the use of depilatories;
318
(ii) shaving;
319
(iii) sugaring;
320
(iv) tweezing; and
321
(v) waxing.
322
(c) "Manual hair removal" does not include threading.
323
(11) "Minimum service count" means the minimum number of repetitions of a given
324
service a license or permit applicant is required to complete to gain a minimum level of
325
competence as established by administrative rules made by the division for a service.
326
(12) "Permit" means a safety permit that gives the holder authority to perform certain
327
services.
328
(13) "Recognized school" means a school located in a jurisdiction other than Utah whose
329
students, upon graduation, are recognized as having completed the educational
330
requirements for the licensure in the jurisdiction in which the school is located.
331
(14) "Representative of a licensed school" means an individual:
332
(a) that is acting in the individual's capacity as an employee of a licensed school; or
333
(b) with an ownership or financial interest in a licensed school.
334
(15) "Salon" means a place, shop, or establishment in which an individual licensed or
- 10 - 02-28 15:21 1st Sub. (Green) S.B. 330
335
permitted under this chapter practices the individual's discipline.
336
(16) "Threading" means a method of removing hair from the eyebrows, upper lip, or other
337
body parts by using cotton thread to pull hair from follicles without the use of chemicals,
338
heat, or wax.
339
(17) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
340
58-11a-502.
341
(18) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
342
and 58-11a-501 and as may be further defined by administrative rules made by the
343
division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
344
Administrative Rulemaking Act.
345
Section 4. Section 58-11a-201 is amended to read:
346
58-11a-201 . Board.
347
(1) There is created the Cosmetology and Associated Professions Licensing Board
348
consisting of the following members:
349
(a)(i) one [barber or ]cosmetologist[/barber]; or
350
(ii) one cosmetologist instructor;
351
[(b)(i) one barber or cosmetologist/barber instructor; or]
352
[(ii) one representative of a licensed barber or cosmetology/barber school;]
353
[(c)] (b)(i) one master esthetician; or
354
(ii) one master esthetician instructor;
355
(c)(i) one nail technician; or
356
(ii) one nail technician instructor;
357
[(d)(i) one esthetician instructor; or]
358
[(ii) one representative of a licensed esthetics school;]
359
[(e) one nail technician;]
360
[(f)(i) one nail technician instructor; or]
361
[(ii) one representative of a licensed nail technology school;]
362
[(g)] (d)(i) one electrologist; or
363
(ii) one electrologist instructor;
364
(e) one representative of a licensed school that is publicly funded;
365
(f) one representative of a licensed school that is privately funded;
366
(g) one supervisor as defined in Section 58-1-505; and
367
[(h) one eyelash and eyebrow technician;]
368
[(i)(i) one eyelash and eyebrow technician instructor; or]
- 11 - 1st Sub. (Green) S.B. 330 02-28 15:21
369
[(ii) one representative of a licensed eyelash and eyebrow technology school; and]
370
[(j)] (h) two members from the general public.
371
(2)(a) The board shall be appointed and serve in accordance with Section 58-1-201.
372
(b) Except for the members specified in Subsections (1)(e) and (1)(f), a member may not
373
participate as a representative of a licensed school.
374
[(b)(i) 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 public school.]
376
[(ii) At least one of the members of the board appointed under Subsections (1)(b),
377
(d), and (f) shall be an instructor at or a representative of a private school.]
378
(3)(a) [The ] The board shall perform the duties and responsibilities [of the board are in
379
accordance with] described in Sections 58-1-202 and 58-1-203.
380
(b) [In addition, the ] The board shall designate one of [its] the board members on a
381
permanent or rotating basis to:
382
[(a)] (i) assist the division in reviewing complaints concerning the unlawful or
383
unprofessional conduct of a licensee; and
384
[(b)] (ii) advise the division in [its] the division's investigation of these complaints.
385
(4) A board member who has, under Subsection (3), reviewed a complaint or advised in [its]
386
the investigation of the complaint may be disqualified from participating with the board
387
when the board serves as a presiding officer in an adjudicative proceeding concerning
388
the complaint.
389
Section 5. Section 58-11a-301 is repealed and reenacted to read:
390
58-11a-301 . Licensure or permit required.
391
(1) Subject to Subsection (2), a person must be licensed or permitted as required under this
392
chapter to practice a discipline regulated by this chapter.
393
(2) An individual is not required to be licensed or permitted if the individual:
394
(a) is a registered apprentice in accordance with this chapter; or
395
(b) qualifies for an exemption under:
396
(i) Section 58-1-307; or
397
(ii) Section 58-11a-304.
398
Section 6. Section 58-11a-302 is repealed and reenacted to read:
399
58-11a-302 . General qualifications for licensure and permitting.
400
(1) An applicant for a license or permit under this chapter shall:
401
(a)(i) submit an application in a form prescribed by the division; and
402
(ii) pay a fee determined by the division in compliance with Section 63J-1-504;
- 12 - 02-28 15:21 1st Sub. (Green) S.B. 330
403
(b) provide satisfactory documentation of completion of required minimum service
404
counts, certified by the applicant's school, or, if under an apprenticeship, the
405
applicant's supervisor; and:
406
(i) compliance with educational requirements of the respective license or permit; or
407
(ii) completion of an approved apprenticeship; and
408
(c) pass an examination, as required by administrative rule established by the division.
409
(2) The division shall establish administrative rules to determine how many hours for an
410
existing license or permit that an applicant may credit towards the hours required for an
411
additional permit or license.
412
Section 7. Section 58-11a-302.10 is enacted to read:
413
58-11a-302.10 . Practice of barbering -- Barbering permit -- Qualifications.
414
(1) The practice of barbering includes:
415
(a) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
416
shears, clippers, or other appliances;
417
(b) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
418
drying;
419
(c) cutting, wet styling, fitting, measuring, or forming caps for wigs and hairpieces on
420
the human head;
421
(d) removing hair from the face or neck of an individual by using shaving equipment,
422
including an electric trimmer; and
423
(e) when providing other services described in this Subsection (1), gently massaging the
424
head, back of the neck, and shoulders by manual or mechanical means.
425
(2) An individual may not engage in the practice of barbering unless the individual holds a
426
barbering permit.
427
(3) An applicant for a barbering permit shall comply with the requirements in Section
428
58-11a-302 and:
429
(a) attend a licensed or recognized school and complete a curriculum that:
430
(i) covers:
431
(A) hair safety requirements; and
432
(B) barbering; and
433
(ii) has a minimum of 130 hours of instruction or the equivalent number of credit
434
hours; or
435
(b) complete an approved barber apprenticeship.
436
(4) If the applicant graduates from a recognized school with less than 130 hours of
- 13 - 1st Sub. (Green) S.B. 330 02-28 15:21
437
instruction, the applicant may count hours practiced as a barber in a jurisdiction other
438
than Utah to satisfy the 130 total hours requirement.
439
Section 8. Section 58-11a-302.11 is enacted to read:
440
58-11a-302.11 . Practice of basic esthetics -- Basic esthetics permit --
441
Qualifications.
442
(1) The practice of basic esthetics means any one of the following skincare procedures done
443
on the face or body for cosmetic purposes and not for the treatment of medical, physical,
444
or mental ailments:
445
(a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays or
446
masks, and manual extraction, including a comedone extractor;
447
(b) manual hair removal; or
448
(c) limited chemical exfoliation as defined by administrative rules made by the division.
449
(2) An individual may not engage in the practice of basic esthetics unless the individual
450
holds a basic esthetics permit.
451
(3) An applicant for a basic esthetics permit shall comply with the requirements in Section
452
58-11a-302 and:
453
(a) attend a licensed or recognized school and complete a curriculum that:
454
(i) covers:
455
(A) basic esthetics; and
456
(B) manual hair removal; and
457
(ii) has a minimum of 200 hours of instruction or the equivalent number of credit
458
hours; or
459
(b) complete an approved basic esthetics permit apprenticeship.
460
(4) If the applicant graduates from a recognized school with less than 200 hours of
461
instruction, the applicant may count hours practiced as an esthetician in a jurisdiction
462
other than Utah to satisfy the 200 total hours requirement.
463
Section 9. Section 58-11a-302.12 is enacted to read:
464
58-11a-302.12 . Practice of chemical hair services -- Chemical hair services
465
permit -- Qualifications.
466
(1) The practice of chemical hair services includes bleaching, tinting, coloring, relaxing,
467
permanent waving, or similarly treating the hair of the head of an individual.
468
(2) An individual may not engage in the practice of chemical hair services unless the
469
individual holds a chemical hair services permit.
470
(3) An applicant for a chemical hair service permit shall comply with the requirements in
- 14 - 02-28 15:21 1st Sub. (Green) S.B. 330
471
Section 58-11a-302 and:
472
(a) attend a licensed or recognized school and complete a curriculum that:
473
(i) covers chemical hair services; and
474
(ii) has a minimum of 260 hours of instruction or the equivalent number of credit
475
hours; or
476
(b) complete an approved chemical hair service apprenticeship.
477
(4) If the applicant graduates from a recognized school with less than 260 hours of
478
instruction, the applicant may count hours practiced as a chemical hair service technician
479
in a jurisdiction other than Utah to satisfy the 260 total hours requirement.
480
Section 10. Section 58-11a-302.13 is enacted to read:
481
58-11a-302.13 . Practice of cosmetology -- Cosmetology license -- Qualifications.
482
(1) The practice of cosmetology includes:
483
(a) styling, arranging, dressing, curling, waving, cleaning, singeing, bleaching, tinting,
484
coloring, permanent waving, or similarly treating the hair of the head of an individual;
485
(b) cutting, clipping, or trimming the hair by using scissors, shears, clippers, or other
486
appliances;
487
(c) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
488
drying;
489
(d) removing hair from the face or neck of an individual by using shaving equipment;
490
(e) arching eyebrows by tweezing, tinting eyebrows or eyelashes, perming eyelashes or
491
eyebrows;
492
(f) manual hair removal;
493
(g) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays or
494
masks, and manual extraction, including a comedone extractor;
495
(h) limited chemical exfoliation as defined by administrative rules made by the division;
496
(i) cutting, curling, styling, fitting, measuring, or forming caps for wigs and hairpieces
497
on the human head;
498
(j) practicing hair weaving or hair fusing or servicing previously medically implanted
499
hair;
500
(k) trimming, cutting, cleaning, manicuring, shaping, massaging, or enhancing the
501
appearance of the hands, feet, and nails of an individual by using the cosmetologist's
502
hands, mechanical or electrical preparation, antiseptic, lotion, or cream;
503
(l) natural nail manicures and pedicures;
504
(m) applying and removing sculptured or artificial nails; and
- 15 - 1st Sub. (Green) S.B. 330 02-28 15:21
505
(n) using blades, including corn or callus planer or rasp, for smoothing, shaving, or
506
removing dead skin from the feet.
507
(2) An individual may not engage in the practice of cosmetology unless the individual holds
508
a cosmetology license.
509
(3) An applicant for a cosmetology license shall comply with the requirements in Section
510
58-11a-302 and:
511
(a) attend a licensed or recognized school and complete a curriculum that:
512
(i) covers:
513
(A) barbering;
514
(B) haircutting;
515
(C) chemical hair services;
516
(D) manual hair removal;
517
(E) eyelash and eyebrow technology, except for eyelash extensions;
518
(F) basic esthetics; and
519
(G) nail technology; and
520
(ii) has a minimum of 1,250 hours of instruction or the equivalent number of credit
521
hours; or
522
(b) complete an approved cosmetologist apprenticeship.
523
(4) If the applicant graduates from a recognized school with less than 1,250 hours of
524
instruction, the applicant may count hours practiced as a cosmetologist in a jurisdiction
525
other than Utah to satisfy the 1,250 total hours requirement.
526
(5) An individual with a cosmetology license may be known as a cosmetologist or a barber.
527
Section 11. Section 58-11a-302.14 is enacted to read:
528
58-11a-302.14 . Practice of electrology -- Electrology license -- Qualifications.
529
(1) The practice of electrology includes removing superfluous hair:
530
(a) from the body and face of an individual by using electricity, waxing, shaving, or
531
tweezing; and
532
(b) by using a laser pursuant to requirements described in Section 58-1-506.
533
(2) An individual may not engage in the practice of electrology unless the individual holds
534
an electrology license.
535
(3) An applicant for an electrology license shall comply with the requirements of Section
536
58-11a-302 and:
537
(a) attend a licensed or recognized school and complete a curriculum that:
538
(i) covers:
- 16 - 02-28 15:21 1st Sub. (Green) S.B. 330
539
(A) laser hair removal;
540
(B) electrolysis; and
541
(C) waxing; and
542
(ii) has a minimum of 600 hours of instruction or the equivalent number of credit
543
hours; or
544
(b) complete an approved electrology technician apprenticeship.
545
(4) If the applicant graduates from a recognized school with less than 600 hours of
546
instruction, the applicant may count hours practiced as a licensed electrologist in a
547
jurisdiction other than Utah to satisfy the 600 total hours requirement.
548
Section 12. Section 58-11a-302.15 is enacted to read:
549
58-11a-302.15 . Practice of eyelash and eyebrow technology -- Eyelash and
550
eyebrow technology license -- Qualifications.
551
(1) The practice of eyelash and eyebrow technology includes arching eyebrows by tweezing
552
or waxing, tinting eyelashes or eyebrows, facial waxing, perming eyelashes or
553
eyebrows, and applying eyelash or eyebrow extensions.
554
(2) An individual may not engage in the practice of eyelash and eyebrow technology unless
555
the individual holds an eyelash and eyebrow technology license.
556
(3) An applicant for an eyelash and eyebrow technology license shall comply with the
557
requirements of Section 58-11a-302 and:
558
(a) attend a licensed or recognized school and complete a curriculum that:
559
(i) covers eyelash and eyebrow technology; and
560
(ii) has a minimum of 270 hours of instruction or the equivalent number of credit
561
hours; or
562
(b) complete an approved eyelash and eyebrow apprenticeship.
563
(4) If the applicant graduates from a recognized school with less than 270 hours of
564
instruction, the applicant may count hours practiced as a licensed eyelash and eyebrow
565
technician in a jurisdiction other than Utah to satisfy the 270 total hours requirement.
566
Section 13. Section 58-11a-302.16 is enacted to read:
567
58-11a-302.16 . Practice of facial hair removal -- Facial hair removal permit --
568
Qualifications.
569
(1) The practice of facial hair removal includes cleansing, applying oil and antiseptics, and
570
manual hair removal on the face.
571
(2) An individual may not engage in the practice of facial hair removal unless the individual
572
holds a facial hair removal permit.
- 17 - 1st Sub. (Green) S.B. 330 02-28 15:21
573
(3) An applicant for a facial hair removal permit shall comply with the requirements of
574
Section 58-11a-302 and:
575
(a) attend a licensed or recognized school and complete a curriculum that:
576
(i) covers facial hair removal; and
577
(ii) has a minimum of 50 hours of instruction or the equivalent number of credit
578
hours; or
579
(b) complete an approved facial hair removal apprenticeship.
580
(4) If the applicant graduates from a recognized school with less than 50 hours of
581
instruction, the applicant may count hours practiced as a permitted facial hair removal
582
technician in a jurisdiction other than Utah to satisfy the 50 total hours requirement.
583
Section 14. Section 58-11a-302.17 is enacted to read:
584
58-11a-302.17 . Practice of haircutting -- Haircutting permit -- Qualifications.
585
(1) The practice of haircutting includes:
586
(a) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
587
shears, clippers, or other appliances;
588
(b) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
589
drying;
590
(c) hair fusing and extensions; and
591
(d) when providing other services described in this Subsection (1), gently massaging the
592
head, back of the neck, and shoulders by manual or mechanical means.
593
(2) An individual may not engage in the practice of haircutting unless the individual holds a
594
haircutting permit.
595
(3) An applicant for a haircutting permit shall comply with the requirements of Section
596
58-11a-302 and:
597
(a) attend a licensed or recognized school and complete a curriculum that:
598
(i) covers:
599
(A) hair safety requirements; and
600
(B) haircutting; and
601
(ii) has a minimum of 150 hours of instruction or the equivalent number of credit
602
hours; or
603
(b) complete an approved haircutting apprenticeship.
604
(4) If the applicant graduates from a recognized school with less than 150 hours of
605
instruction, the applicant may count hours practiced as a haircutting technician in a
606
jurisdiction other than Utah to satisfy the 150 total hours requirement.
- 18 - 02-28 15:21 1st Sub. (Green) S.B. 330
607
Section 15. Section 58-11a-302.18 is enacted to read:
608
58-11a-302.18 . Practice of master esthetics -- Master esthetics license --
609
Qualifications.
610
(1)(a) The practice of master esthetics includes:
611
(i) body wraps, as defined by administrative rules made by the division;
612
(ii) hydrotherapy, as defined by administrative rules made by the division;
613
(iii) chemical exfoliation, as defined by administrative rules made by the division;
614
(iv) callous removal by buffing or filing;
615
(v) sanding, including microdermabrasion;
616
(vi) advanced extraction;
617
(vii) dermaplaning;
618
(viii) other esthetic preparations or procedures that use:
619
(A) the hands; or
620
(B) a mechanical or electrical apparatus that is approved for use by administrative
621
rules made by the division;
622
(ix) procedures that are expected or intended to alter living tissue, but are not
623
intended or expected to excise, vaporize, disintegrate, or remove living tissue and
624
performed with the use of a cosmetic medical device, including:
625
(A) laser hair removal;
626
(B) body contouring;
627
(C) anti-aging resurfacing enhancements; and
628
(D) photo rejuvenation;
629
(x) lymphatic massage by manual or other means as defined by administrative rules
630
made by the division;
631
(xi) manual hair removal;
632
(xii) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays
633
or masks, and manual extraction, including a comedone extractor;
634
(xiii) natural nail manicures and pedicures; and
635
(xiv) eyelash and eyebrow technology.
636
(b) An individual with a master esthetics license may not perform any service described
637
in Subsection (1)(a) for the treatment of medical, physical, or mental ailments.
638
(c) A procedure described in Subsection (1)(a)(viii) shall be performed pursuant to the
639
requirements described in Section 58-1-506.
640
(2) An individual may not engage in the practice of master esthetics unless the individual
- 19 - 1st Sub. (Green) S.B. 330 02-28 15:21
641
holds a master esthetics license.
642
(3) An applicant for a master esthetics license shall comply with the requirements of
643
Section 58-11a-302 and:
644
(a) attend a licensed or recognized school and complete a curriculum that:
645
(i) covers:
646
(A) eyelash and eyebrow technology;
647
(B) cosmetic medical procedures;
648
(C) body contouring and lymphatic massage; and
649
(D) advanced skincare; and
650
(ii) has a minimum of 1,200 hours of instruction or the equivalent number of credit
651
hours; or
652
(b) complete an approved master esthetics apprenticeship.
653
(4) If the applicant graduates from a recognized school with less than 1,200 hours of
654
instruction, the applicant may count hours practiced as an esthetician in a jurisdiction
655
other than Utah to satisfy the 1,200 total hours requirement.
656
Section 16. Section 58-11a-302.19 is enacted to read:
657
58-11a-302.19 . Practice of master hair design and master barbering -- Master
658
hair design license and master barbering license -- Qualifications.
659
(1) The practice of master hair design and practice of master barbering includes:
660
(a) styling, arranging, dressing, curling, or waving the hair of the head of an individual;
661
(b) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
662
shears, clippers, or other appliances;
663
(c) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
664
drying;
665
(d) hair fusing and extensions;
666
(e) removing hair from the face or neck of an individual by using shaving equipment;
667
(f) cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or
668
both on the human head;
669
(g) practicing hair weaving, hair fusing, or servicing previously medically implanted
670
hair;
671
(h) when providing other services described in this Subsection (1), gently massaging the
672
head, back of the neck, and shoulders by manual or mechanical means; and
673
(i) permanently waving, bleaching, tinting, coloring, relaxing, or similarly treating the
674
hair of the head of an individual.
- 20 - 02-28 15:21 1st Sub. (Green) S.B. 330
675
(2) An individual may not engage in the practice of master hair design or master barbering
676
unless the individual holds a master hair design license or master barbering license.
677
(3) An applicant for a master hair design license shall comply with the requirements of
678
Section 58-11a-302 and:
679
(a) attend a licensed or recognized school and complete a curriculum that:
680
(i) covers:
681
(A) hair safety requirements;
682
(B) haircutting and barbering; and
683
(C) chemical hair services; and
684
(ii) has a minimum of 1,000 hours of instruction or the equivalent number of credit
685
hours; or
686
(b) complete an approved master hair design or an approved master barbering
687
apprenticeship.
688
(4) If the applicant graduates from a recognized school with less than 1,000 hours of
689
instruction, the applicant may count hours practiced as a licensed master hair design or
690
master barber in a jurisdiction other than Utah to satisfy the 1,000 total hours
691
requirement.
692
(5) On January 1, 2026, all active hair design licenses shall be converted to a master hair
693
design license.
694
Section 17. Section 58-11a-302.20 is enacted to read:
695
58-11a-302.20 . Practice of nail technology -- Nail technology license --
696
Qualifications.
697
(1) The practice of nail technology includes:
698
(a) trimming, cutting, cleaning, manicuring, shaping, massaging hands to elbows and
699
feet to knees, or enhancing the appearance of the hands, feet, and nails of an
700
individual by using the nail technician's hands, mechanical or electrical preparation,
701
antiseptic, lotion, or cream;
702
(b) applying and removing sculptured or artificial nails; and
703
(c) using blades, including corn or callus planer or rasp, for smoothing, shaving, or
704
removing dead skin from the feet.
705
(2) An individual may not engage in the practice of nail technology unless the individual
706
holds a nail technology license.
707
(3) An applicant for a nail technology license shall comply with the requirements of Section
708
58-11a-302 and:
- 21 - 1st Sub. (Green) S.B. 330 02-28 15:21
709
(a) attend a licensed or recognized school and complete a curriculum that:
710
(i) covers:
711
(A) manicures and pedicures; and
712
(B) artificial nails; and
713
(ii) has a minimum of 300 hours of instruction or the equivalent number of credit
714
hours; or
715
(b) complete an approved nail technology apprenticeship.
716
(4) If the applicant graduates from a recognized school with less than 300 hours of
717
instruction, the applicant may count hours practiced as a licensed nail technician in a
718
jurisdiction other than Utah to satisfy the 300 total hours requirement.
719
Section 18. Section 58-11a-302.21 is enacted to read:
720
58-11a-302.21 . Licensed instructor -- Qualifications.
721
(1) An applicant for licensure as an instructor shall:
722
(a) submit an application in a form prescribed by the division;
723
(b) subject to Subsection (4), pay a fee determined by the division under Section
724
63J-1-504;
725
(c) provide satisfactory documentation that the applicant is currently licensed or
726
permitted in the discipline that the applicant is seeking to instruct;
727
(d) provide satisfactory documentation that the applicant has completed six months of
728
work experience in the discipline the applicant intends to instruct and:
729
(i) an instructor training program for the discipline for which the applicant is
730
licensed, by a licensed or recognized school for a minimum of 35% of the
731
minimum hours for the license or permit the applicant intends to instruct; or
732
(ii) on-the-job instructor training for the discipline for which the applicant is licensed,
733
by a licensed or recognized school for a minimum of 35% of the minimum hours
734
for the license or permit the applicant intends to instruct; and
735
(e) meet the examination requirement established by administrative rules made by the
736
division.
737
(2) An applicant for an instructor license or permit under this chapter whose education in
738
the discipline for which a license or permit is sought was completed at a foreign school
739
may satisfy the educational requirement for licensure by demonstrating, to the
740
satisfaction of the division, the educational equivalency of the foreign school education
741
with a licensed school under this chapter.
742
(3)(a) An individual may not instruct a discipline unless the individual has an instructor
- 22 - 02-28 15:21 1st Sub. (Green) S.B. 330
743
license that allows instruction of that discipline.
744
(b) The division shall make rules establishing which disciplines each type of instructor
745
license may instruct.
746
(4) The division may not charge a fee to an individual applying for licensure as an
747
instructor under this chapter if the individual is a licensed instructor in any other
748
discipline under this chapter.
749
(5) The division may offer any required examination under this section, which is prepared
750
by a national testing organization, in languages in addition to English.
751
(6) For purposes of a national accrediting agency recognized by the United States
752
Department of Education, on-the-job instructor training described in this section is not
753
considered a program.
754
Section 19. Section 58-11a-302.22 is enacted to read:
755
58-11a-302.22 . Licensed school -- Qualifications.
756
(1) An applicant for licensure as a licensed school shall:
757
(a) submit an application in a form prescribed by the division;
758
(b) pay a fee determined by the division under Section 63J-1-504; and
759
(c) provide satisfactory documentation:
760
(i) of appropriate registration with the Division of Corporations and Commercial
761
Code;
762
(ii) of business licensure from the municipality in which the school is located;
763
(iii) that the applicant's physical facilities comply with the requirements established
764
by administrative rules made by the division; and
765
(iv) that the applicant meets:
766
(A) the standards established by administrative rules made by the division,
767
including staff, curriculum, and accreditation requirements; or
768
(B) the requirements for recognition as an institution of postsecondary study as
769
described in Subsection (2).
770
(2) A school licensed or applying for licensure under this chapter shall maintain recognition
771
as an institution of postsecondary study by meeting the following conditions:
772
(a) except as described in Subsection (3), the school only admits an individual that:
773
(i) has earned a recognized high school diploma;
774
(ii) has earned the equivalent of a recognized high school diploma; or
775
(iii) is beyond the age of compulsory high school attendance as provided by Title
776
53G, Chapter 6, Part 2, Compulsory Education; and
- 23 - 1st Sub. (Green) S.B. 330 02-28 15:21
777
(b) the school applies and is licensed by name to offer one or more training programs
778
under this chapter.
779
(3) A technical college listed in Section 53B-2a-105 or a degree-granting institution with a
780
technical college mission as that term is defined in Title 53B, Technical Education, that
781
is applying for licensure may admit and educate secondary students in compliance with
782
the technical college's statutory responsibilities described in Section 53B-2a-106.
783
(4) A school licensed under this section shall accept credit hours towards graduation for
784
documented, relevant, and substantially equivalent coursework previously completed by:
785
(a) a student that completed only a portion of the student's education while attending a
786
different school or apprenticeship; or
787
(b) an individual licensed or permitted under this chapter, based on the individual's
788
schooling, apprenticeship, or experience.
789
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
790
consistent with this section, the division may make rules governing the acceptance of
791
credit hours.
792
Section 20. Section 58-11a-303 is amended to read:
793
58-11a-303 . Terms of license -- Expiration -- Renewal.
794
(1)(a) The division shall issue each license under this chapter in accordance with a
795
two-year renewal cycle established by rule, except that an instructor license is a
796
one-time certificate and does not expire unless the licensee fails to keep current the
797
license that qualified the licensee to be an instructor under Section [58-11a-302]
798
58-11a-302.21.
799
(b) The division may by rule extend or shorten a renewal period by as much as one year
800
to stagger the renewal cycles it administers.
801
(2) At the time of renewal, a licensed school shall show satisfactory evidence that the
802
school meets the standards for that type of school, including staff, curriculum, and
803
accreditation requirements, established by rule.
804
(3) Each license expires on the expiration date shown on the license unless the licensee
805
renews it in accordance with Section 58-1-308.
806
Section 21. Section 58-11a-304 is amended to read:
807
58-11a-304 . Exemptions from licensure.
808
In addition to the exemptions from licensure in Section 58-1-307, the following [persons]
809
individuals may engage in [the practice of barbering, cosmetology/barbering, hair design,
810
esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow
- 24 - 02-28 15:21 1st Sub. (Green) S.B. 330
811
technology] a discipline regulated by this chapter without being licensed under this chapter:
812
(1) [a person ] an individual licensed under the laws of this state to engage in the practice of
813
medicine, surgery, osteopathy, or chiropractic when engaged in the practice of the
814
profession for which they are licensed;
815
(2) a commissioned physician or surgeon serving in the armed forces of the United States or
816
another federal agency;
817
(3) a registered nurse, undertaker, or mortician licensed under the laws of this state when
818
engaged in the practice of the profession for which the [person] individual is licensed;
819
(4) [a person ] an individual who visits the state to engage in instructional seminars,
820
advanced classes, trade shows, or competitions of a limited duration;
821
[(5) a person who engages in the practice of barbering, cosmetology/barbering, hair design,
822
esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow
823
technology without compensation;]
824
(5) an individual who engages in a practice regulated by this chapter without compensation;
825
(6) [a person ] an individual instructing an adult education class or other educational
826
program directed toward [persons] individuals who are not licensed under this chapter
827
and that is not intended to train [persons] individuals to become licensed under this
828
chapter, provided:
829
(a) an attendee receives no credit toward educational requirements for licensure under
830
this chapter;
831
(b) the instructor informs each attendee in writing that taking such a class or program
832
will not certify or qualify the attendee to perform a service for compensation that
833
requires licensure under this chapter; and
834
(c)(i) the instructor is properly licensed; or
835
(ii) the instructor receives no compensation;
836
(7) [a person ] an individual providing instruction in workshops, seminars, training
837
meetings, or other educational programs whose purpose is to provide continuing
838
professional development [to licensed barbers, cosmetologists/barbers, hair designers,
839
estheticians, master estheticians, electrologists, or nail technicians] to a qualified licensee
840
or permitee regulated by this chapter;
841
(8) [a person ] an individual enrolled in a licensed [barber, cosmetology/barber, or hair
842
design ]school when participating in an on the job training internship under the direct
843
supervision of a [licensed barber, cosmetologist/barber, or hair designer] licensee under
844
this chapter upon completion of a basic program under the standards established by rule
- 25 - 1st Sub. (Green) S.B. 330 02-28 15:21
845
by the division in collaboration with the board;
846
(9) [a person enrolled ] an individual registered with the division in an approved
847
apprenticeship pursuant to Section 58-11a-306;
848
(10)(a) an employee of a company that is primarily engaged in the business of selling
849
products used [in the practice of barbering, cosmetology/barbering, hair design,
850
esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow
851
technology] by a qualified licensee regulated by this chapter;
852
(b) [ ]when demonstrating the company's products to a potential customer[,] ; and
853
(c) [ ]provided the employee makes no representation to a potential customer that
854
attending [such a] the demonstration will certify or qualify the attendee to perform a
855
service for compensation that requires licensure under this chapter;
856
(11) [a person ] an individual who:
857
(a) is qualified to engage in [the practice of barbering, cosmetology/barbering, hair
858
design, esthetics, master-level esthetics, electrology, nail technology, or eyelash and
859
eyebrow technology] a practice regulated by this chapter in another jurisdiction as
860
evidenced by licensure, certification, or lawful practice in the other jurisdiction;
861
(b) is employed by, or under contract with, a motion picture company; and
862
(c) engages in [the practice of barbering, cosmetology/barbering, hair design, esthetics,
863
master-level esthetics, electrology, nail technology, or eyelash and eyebrow
864
technology] a practice regulated by this chapter in the state:
865
(i) solely to assist in the production of a motion picture; and
866
(ii) for no more than 120 days per calendar year;
867
(12) [a person ] an individual who:
868
(a) engages in threading;
869
(b) engages in hair braiding; and
870
[(b)] (c) [unless it is expressly exempted under this section or Section 58-1-307, does not
871
engage in other activity requiring licensure under this chapter; and] is not engaged in
872
a practice that requires a license or permit under this chapter; and
873
(13) [a person ] an individual who:
874
(a) dries, styles, arranges, dresses, curls, hot irons, shampoos, or conditions hair;
875
(b) does not cut the hair;
876
(c) does not apply dye to alter the color of the hair;
877
(d) does not apply reactive chemicals to straighten, curl, or alter the structure of the hair;
878
(e) [unless it is expressly exempted under this section or Section 58-1-307, does not
- 26 - 02-28 15:21 1st Sub. (Green) S.B. 330
879
engage in other activity requiring licensure under this chapter] is not engaged in a
880
practice that requires a license or permit under this chapter;
881
(f) provides evidence to the division that the [person] individual has received a hair
882
safety permit from completing a hair safety program that:
883
(i) is approved by the division;
884
(ii) consists of no more than two hours of instruction;
885
(iii) is offered by a provider approved by the division; and
886
(iv) includes an examination that requires a passing score of 75%; and
887
(g) displays in a conspicuous location in the [person's] individual's place of business:
888
(i) a valid hair safety permit as described in Subsection (13)(f); and
889
(ii) a sign notifying the public that the [person's] individual providing the services [are
890
not provided by an individual who has a license under this chapter.] is not licensed
891
under this chapter.
892
Section 22. Section 58-11a-306 is repealed and reenacted to read:
893
58-11a-306 . Apprenticeship.
894
(1)(a) An approved apprenticeship shall be conducted by a supervisor who:
895
(i) is licensed under this chapter as an instructor in the discipline of the
896
apprenticeship; and
897
(ii) provides one-on-one direct supervision of the apprentice during the
898
apprenticeship program.
899
(b) An apprenticeship supervisor may not provide direct supervision to more than two
900
apprentices during the apprentice program.
901
(2) An individual seeking a license or permit through an approved apprenticeship under this
902
chapter shall:
903
(a) register with the division before beginning the training requirements by:
904
(i) submitting a form prescribed by the division, which includes the name of the
905
licensed instructor supervisor; and
906
(ii) paying a fee determined by the division under Section 63J-1-504;
907
(b) complete the apprenticeship within two years of the date on which the division
908
approves the registration; and
909
(c) notify the division within 30 days if the licensed instructor supervisor changes after
910
the registration is approved by the division.
911
(3) An individual seeking a license or permit through an approved apprenticeship under this
912
chapter shall complete a minimum of:
- 27 - 1st Sub. (Green) S.B. 330 02-28 15:21
913
(a) 1,250 apprenticeship hours for a cosmetology license;
914
(b) 1,200 apprenticeship hours for a master esthetics license;
915
(c) 1,000 apprenticeship hours for:
916
(i) a master barber license; or
917
(ii) a master hair design license;
918
(d) 600 apprenticeship hours for an electrology license;
919
(e) 300 apprenticeship hours for a nail technology license;
920
(f) 270 apprenticeship hours for an eyelash and eyebrow technology license;
921
(g) 260 apprenticeship hours for a chemical hair services permit;
922
(h) 200 apprenticeship hours for a basic esthetics permit;
923
(i) 150 apprenticeship hours for a haircutting permit;
924
(j) 130 apprenticeship hours for a barbering permit; or
925
(k) 50 apprenticeship hours for a facial hair removal permit.
926
Section 23. Section 58-11a-501 is repealed and reenacted to read:
927
58-11a-501 . Unprofessional conduct.
928
Unprofessional conduct includes:
929
(1) a licensed school that fails to:
930
(a)(i) obtain or maintain accreditation or comply with the required standard of
931
accreditation; and
932
(ii) have curriculum approved by the division, as required by administrative rules
933
made by the division; or
934
(b) provide adequate instruction to enrolled students;
935
(2) an apprentice supervisor that fails to:
936
(a) provide direct supervision to an apprentice; or
937
(b) comply with division rules relating to apprenticeship programs under this chapter;
938
(3) an instructor that fails to provide direct supervision to students who are providing
939
services to an individual under the instructor's supervision;
940
(4) a person that keeps a salon or school, or the salon or school's furnishings, tools, utensils,
941
linen, or appliances in an unsanitary condition;
942
(5) an individual licensed or permitted under this chapter that fails to:
943
(a) comply with Title 26B, Utah Health and Human Services Code;
944
(b) display a license or permit as required under Section 58-11a-305;
945
(c) comply with physical facility requirements established by administrative rules made
946
by the division;
- 28 - 02-28 15:21 1st Sub. (Green) S.B. 330
947
(d) maintain mechanical or electrical equipment in safe operating condition;
948
(e) adequately monitor patrons using steam rooms, dry heat rooms, baths, showers, or
949
saunas;
950
(f) comply with all applicable state and local health or sanitation laws; or
951
(g) comply with a judgment order from a court of competent jurisdiction regarding a
952
disagreement over tuition or education costs in relation to the requirements outlined
953
in this chapter;
954
(6) an individual licensed or permitted under this chapter:
955
(a) prescribing or administering prescription drugs;
956
(b) engaging in any act or practice in a professional capacity that is outside of the
957
applicable scope of practice;
958
(c) engaging in any act or practice in a professional capacity that the individual is not
959
competent to perform through education or training; or
960
(d) removing proximal nail fold by e-file or other tool or inserting tools beneath the
961
eponychium;
962
(7) unless the individual is under the supervision of a licensed health care practitioner
963
acting within the scope of the health care practitioner's license, an individual licensed or
964
permitted under this chapter, while using a chemical exfoliant:
965
(a) using any acid, concentration of acid, or combination of treatments that violate the
966
standards established by administrative rules made by the division;
967
(b) removing any layer of skin deeper than the stratum corneum of the epidermis; or
968
(c) using an exfoliant that contains phenol, trichloroacetic acid of over 15%, or
969
bicinchoninic acid;
970
(8) while sanding the skin, an individual licensed or permitted under this chapter, removing
971
any layer of skin deeper than the stratum corneum of the epidermis, unless the individual
972
is under the supervision of a licensed health care practitioner acting within the scope of
973
the health care practitioner's license;
974
(9) using any laser procedure or intense, pulsed light source, besides a nonprescriptive laser
975
device, unless authorized to do so by an individual's license or permit in this chapter;
976
(10) marketing or distinguishing an establishment as a school if the establishment is not
977
licensed as a school under this chapter; and
978
(11) claiming or advertising unrealistic results for body contouring, including alleviation of
979
psychological distress.
980
Section 24. Section 58-11a-503 is amended to read:
- 29 - 1st Sub. (Green) S.B. 330 02-28 15:21
981
58-11a-503 . Penalties.
982
(1) Unless Subsection (2) applies, an individual who commits an act of unlawful conduct
983
under Section 58-11a-502 or who fails to comply with a citation issued under this
984
section after [it] the citation is final is guilty of a class A misdemeanor.
985
(2) Sexual conduct that violates Section 58-11a-502 and Title 76, Utah Criminal Code, shall
986
be subject to the applicable penalties in Title 76, Utah Criminal Code.
987
(3) Grounds for immediate suspension of [a licensee's] an individual's license or permit by
988
the division include the issuance of a citation for violation of Subsection 58-11a-502(1),
989
(3), (4), (5), or (6).
990
(4)[(a)] If upon inspection or investigation, the division concludes that [a person] an
991
individual has violated the provisions of Subsection 58-11a-502(1), (3), (4), (5), or (6),
992
or a rule or order issued with respect to Subsection 58-11a-502(1), (3), (4), (5), or (6),
993
and that disciplinary action is appropriate, the director or the director's designee from
994
within the division shall promptly issue a citation to [the person] the individual
995
according to this chapter and any pertinent rules, attempt to negotiate a stipulated
996
settlement, or notify the [person] individual to appear before an adjudicative
997
proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
998
[(i)] (5) [A person who] An individual that is in violation of Subsection 58-11a-502(1), (3),
999
(4), (5), or (6), as evidenced by an uncontested citation, a stipulated settlement, or [by a ]
1000
finding of violation in an adjudicative proceeding, may be assessed a fine [pursuant to] in
1001
accordance with this Subsection [(4)] (5) and may, in addition to or in lieu of a fine, be
1002
ordered to cease and desist from violating Subsection 58-11a-502(1), (3), (4), (5), or (6).
1003
[(ii)] (6) Except for a cease and desist order, the licensure sanctions [cited] described in
1004
Section 58-11a-401 may not be assessed through a citation.
1005
(7)[(b)] (a)[(i)] Each citation shall be in writing and describe with particularity the
1006
nature of the violation, including a reference to the provision of the chapter, rule,
1007
or order alleged to have been violated.
1008
[(ii)] (b) The citation shall clearly state that the recipient must notify the division in
1009
writing within 20 calendar days of service of the citation if the recipient wishes to
1010
contest the citation at a hearing conducted under Title 63G, Chapter 4,
1011
Administrative Procedures Act.
1012
[(iii)] (c) The citation shall clearly explain the consequences of failure to timely contest
1013
the citation or to make payment of a fine assessed by the citation within the time
1014
specified in the citation.
- 30 - 02-28 15:21 1st Sub. (Green) S.B. 330
1015
[(c)] (d) Each citation issued under this section, or a copy of each citation, may be served
1016
upon [a person] an individual upon whom a summons may be served in accordance
1017
with the Utah Rules of Civil Procedure and may be made personally or upon the [
1018
person's] individual's agent by a division investigator or by [a person] an individual
1019
specially designated by the director or by mail.
1020
[(d)] (e)(i) If within 20 calendar days from the service of a citation, the [person to
1021
whom] individual to which the citation was issued fails to request a hearing to
1022
contest the citation, the citation becomes the final order of the division and is not
1023
subject to further agency review.
1024
(ii) The period to contest a citation may be extended by the division for cause.
1025
[(e)] (f) The division may refuse to issue or renew, suspend, revoke, or place on
1026
probation the [license of a licensee who] license or permit of an individual that fails to
1027
comply with a citation after [it] the citation becomes final.
1028
[(f)] (g) The failure of an applicant for licensure to comply with a citation after [it] the
1029
citation becomes final is a ground for denial of license.
1030
[(g)] (h) [No citation may be issued ] The director or the director's designee from within
1031
the division may not issue a citation under this section [after the expiration of] more
1032
than one year [following] after the date on which the violation that is the subject of
1033
the citation is reported to the division.
1034
[(h)] (i) [Fines shall be assessed by the director or the director's designee according to the
1035
following:] The director or the director's designee shall assess fines as follows:
1036
(i) for a first offense under Subsection [(4)(a)] (4), a fine of up to $1,000;
1037
(ii) for a second offense under Subsection [(4)(a)] (4), a fine of up to $2,000; and
1038
(iii) for any subsequent offense under Subsection [(4)(a)] (4), a fine of up to $2,000
1039
for each day of continued offense.
1040
[(i)] (j)[(i)] For purposes of issuing a final order under this section and assessing a
1041
fine under Subsection [(4)(h)] (7)(i), an offense constitutes a second or subsequent
1042
offense if:
1043
[(A)] (i) the division previously issued a final order determining that [a person] an
1044
individual committed a first or second offense in violation of Subsection
1045
58-11a-502(1), (3), (4), (5), or (6); or
1046
[(B)] (ii)[(I)] (A) the division initiated an action for a first or second offense;
1047
[(II)] (B) no final order has been issued by the division in the action initiated under
1048
Subsection [(4)(i)(i)(B)(I)] (7)(j)(ii)(A);
- 31 - 1st Sub. (Green) S.B. 330 02-28 15:21
1049
[(III)] (C) the division determines during an investigation that occurred after the
1050
initiation of the action under Subsection [(4)(i)(i)(B)(I)] (7)(j)(ii)(A) that the [
1051
person] individual committed a second or subsequent violation of Subsection
1052
58-11a-502(1), (3), (4), (5), or (6); and
1053
[(IV)] (D) after determining that the [person] individual committed a second or
1054
subsequent offense under Subsection [(4)(i)(i)(B)(III)] (7)(j)(ii)(C), the division
1055
issues a final order on the action initiated under Subsection [(4)(i)(i)(B)(I)]
1056
(7)(j)(ii)(A).
1057
[(ii)] (k) In issuing a final order for a second or subsequent offense under Subsection [
1058
(4)(i)(i)] (7)(j), the division shall comply with the requirements of this section.
1059
[(5)] (8)(a) A penalty imposed by the director under Subsection [(4)(h)] (7)(i) shall be
1060
deposited into the [Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail
1061
Technician Education and Enforcement Fund] Cosmetology and Associated
1062
Professions Education and Enforcement Fund.
1063
(b) [A penalty which is not paid may be collected by the director by either:] The director
1064
may collect an unpaid penalty by:
1065
(i) referring the matter to a collection agency; or
1066
(ii) bringing an action in the district court of the county in which the [person]
1067
individual against whom the penalty is imposed resides or in the county where the
1068
office of the director is located.
1069
(c) A county attorney or the attorney general of the state shall provide legal assistance
1070
and advice to the director in an action to collect a penalty.
1071
(d) A court shall award reasonable attorney fees and costs to the prevailing party in an
1072
action brought by the division to collect a penalty.
1073
Section 25. Section 58-67-102 is amended to read:
1074
58-67-102 . Definitions.
1075
In addition to the definitions in Section 58-1-102, as used in this chapter:
1076
(1)(a) "Ablative procedure" means a procedure that is expected to excise, vaporize,
1077
disintegrate, or remove living tissue, including the use of carbon dioxide lasers and
1078
erbium: YAG lasers.
1079
(b) "Ablative procedure" does not include:[ ]
1080
(i) hair removal;
1081
(ii) laser tattoo removal; or[ ]
1082
(iii) cryolipolysis.
- 32 - 02-28 15:21 1st Sub. (Green) S.B. 330
1083
(2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
1084
American Medical Association.
1085
(3) "Administrative penalty" means a monetary fine or citation imposed by the division for
1086
acts or omissions determined to constitute unprofessional or unlawful conduct, in
1087
accordance with a fine schedule established by the division in collaboration with the
1088
board, as a result of an adjudicative proceeding conducted in accordance with Title 63G,
1089
Chapter 4, Administrative Procedures Act.
1090
(4) "Associate physician" means an individual licensed under Section 58-67-302.8.
1091
(5) "Attempted sex change" means an attempt or effort to change an individual's body to
1092
present that individual as being of a sex or gender that is different from the individual's
1093
biological sex at birth.
1094
(6) "Biological sex at birth" means an individual's sex, as being male or female, according
1095
to distinct reproductive roles as manifested by:
1096
(a) sex and reproductive organ anatomy;
1097
(b) chromosomal makeup; and
1098
(c) endogenous hormone profiles.
1099
(7) "Board" means the Medical Licensing Board created in Section 58-67-201.
1100
(8) "Collaborating physician" means an individual licensed under Section 58-67-302 who
1101
enters into a collaborative practice arrangement with an associate physician.
1102
(9) "Collaborative practice arrangement" means the arrangement described in Section
1103
58-67-807.
1104
(10)(a) "Cosmetic medical device" means tissue altering energy based devices that have
1105
the potential for altering living tissue and that are used to perform ablative or
1106
nonablative procedures, such as American National Standards Institute [(ANSI) ]
1107
designated Class IIIb and Class IV lasers, intense pulsed light, radio frequency
1108
devices, and lipolytic devices, and excludes [ANSI] American National Standards
1109
Institute designated Class IIIa and lower powered devices.
1110
(b) Notwithstanding Subsection (10)(a), if an [ANSI] American National Standards
1111
Institute designated Class IIIa and lower powered device is being used to perform an
1112
ablative procedure, the device is included in the definition of cosmetic medical
1113
device under Subsection (10)(a).
1114
(11)(a) "Cosmetic medical procedure" includes:
1115
(i) the use of cosmetic medical devices to perform ablative or nonablative
1116
procedures; or
- 33 - 1st Sub. (Green) S.B. 330 02-28 15:21
1117
(ii) the injection of medication or substance, including a neurotoxin or a filler, for
1118
cosmetic purposes.
1119
(b) "Cosmetic medical procedure" does not include a treatment of the ocular globe
1120
including refractive surgery.
1121
(12) "Diagnose" means:
1122
(a) to examine in any manner another person, parts of a person's body, substances,
1123
fluids, or materials excreted, taken, or removed from a person's body, or produced by
1124
a person's body, to determine the source, nature, kind, or extent of a disease or other
1125
physical or mental condition;
1126
(b) to attempt to conduct an examination or determination described under Subsection
1127
(12)(a);
1128
(c) to hold oneself out as making or to represent that one is making an examination or
1129
determination as described in Subsection (12)(a); or
1130
(d) to make an examination or determination as described in Subsection (12)(a) upon or
1131
from information supplied directly or indirectly by another person, whether or not in
1132
the presence of the person making or attempting the diagnosis or examination.
1133
(13) "LCME" means the Liaison Committee on Medical Education of the American
1134
Medical Association.
1135
(14) "Medical assistant" means an unlicensed individual who may perform tasks as
1136
described in Subsection 58-67-305(6).
1137
(15) "Medically underserved area" means a geographic area in which there is a shortage of
1138
primary care health services for residents, as determined by the Department of Health
1139
and Human Services.
1140
(16) "Medically underserved population" means a specified group of people living in a
1141
defined geographic area with a shortage of primary care health services, as determined
1142
by the Department of Health and Human Services.
1143
(17)(a)(i) "Nonablative procedure" means a procedure that is expected or intended to
1144
alter living tissue, but is not intended or expected to excise, vaporize, disintegrate,
1145
or remove living tissue.
1146
(ii) Notwithstanding Subsection (17)(a)(i) nonablative procedure includes hair
1147
removal.
1148
(b) "Nonablative procedure" does not include:
1149
(i) a superficial procedure as defined in Section 58-1-102;
1150
(ii) the application of permanent make-up;
- 34 - 02-28 15:21 1st Sub. (Green) S.B. 330
1151
(iii) laser tattoo removal; or
1152
[(iii)] (iv) the use of photo therapy and lasers for neuromusculoskeletal treatments that
1153
are performed by an individual licensed under this title who is acting within the
1154
individual's scope of practice.
1155
(18) "Physician" means both physicians and surgeons licensed under [Section 58-67-301,
1156
Utah Medical Practice Act] Part 3, Licensing, and osteopathic physicians and surgeons
1157
licensed under [Section 58-68-301, Utah Osteopathic Medical Practice Act] Chapter 68,
1158
Part 3, Licensing.
1159
(19)(a) "Practice of medicine" means:
1160
(i) to diagnose, treat, correct, administer anesthesia, or prescribe for any human
1161
disease, ailment, injury, infirmity, deformity, pain or other condition, physical or
1162
mental, real or imaginary, including to perform cosmetic medical procedures, or to
1163
attempt to do so, by any means or instrumentality, and by an individual in Utah or
1164
outside the state upon or for any human within the state;
1165
(ii) when a person not licensed as a physician directs a licensee under this chapter to
1166
withhold or alter the health care services that the licensee has ordered;
1167
(iii) to maintain an office or place of business for the purpose of doing any of the acts
1168
described in Subsection (19)(a)(i) or (ii) whether or not for compensation; or
1169
(iv) to use, in the conduct of any occupation or profession pertaining to the diagnosis
1170
or treatment of human diseases or conditions in any printed material, stationery,
1171
letterhead, envelopes, signs, or advertisements, the designation "doctor," "doctor
1172
of medicine," "physician," "surgeon," "physician and surgeon," "Dr.," "M.D.," or
1173
any combination of these designations in any manner which might cause a
1174
reasonable person to believe the individual using the designation is a licensed
1175
physician and surgeon, and if the party using the designation is not a licensed
1176
physician and surgeon, the designation must additionally contain the description
1177
of the branch of the healing arts for which the person has a license, provided that
1178
an individual who has received an earned degree of doctor of medicine degree but
1179
is not a licensed physician and surgeon in Utah may use the designation "M.D." if
1180
it is followed by "Not Licensed" or "Not Licensed in Utah" in the same size and
1181
style of lettering.
1182
(b) The practice of medicine does not include:
1183
(i) except for an ablative medical procedure as provided in Subsection (19)(b)(ii) the
1184
conduct described in Subsection (19)(a)(i) that is performed in accordance with a
- 35 - 1st Sub. (Green) S.B. 330 02-28 15:21
1185
license issued under another chapter of this title;
1186
(ii) an ablative cosmetic medical procedure if the scope of practice for the person
1187
performing the ablative cosmetic medical procedure includes the authority to
1188
operate or perform a surgical procedure; or
1189
(iii) conduct under Subsection 58-67-501(2).
1190
(20) "Prescription device" means an instrument, apparatus, implement, machine,
1191
contrivance, implant, in vitro reagent, or other similar or related article, and any
1192
component part or accessory, which is required under federal or state law to be
1193
prescribed by a practitioner and dispensed by or through a person or entity licensed
1194
under this chapter or exempt from licensure under this chapter.
1195
(21) "Prescription drug" means a drug that is required by federal or state law or rule to be
1196
dispensed only by prescription or is restricted to administration only by practitioners.
1197
(22)(a) "Primary sex characteristic surgical procedure" means any of the following if
1198
done for the purpose of effectuating or facilitating an individual's attempted sex
1199
change:
1200
(i) for an individual whose biological sex at birth is male, castration, orchiectomy,
1201
penectomy, vaginoplasty, or vulvoplasty;
1202
(ii) for an individual whose biological sex at birth is female, hysterectomy,
1203
oophorectomy, metoidioplasty, or phalloplasty; or
1204
(iii) any surgical procedure that is related to or necessary for a procedure described in
1205
Subsection (22)(a)(i) or (ii), that would result in the sterilization of an individual
1206
who is not sterile.
1207
(b) "Primary sex characteristic surgical procedure" does not include:
1208
(i) surgery or other procedures or treatments performed on an individual who:
1209
(A) is born with external biological sex characteristics that are irresolvably
1210
ambiguous;
1211
(B) is born with 46, XX chromosomes with virilization;
1212
(C) is born with 46, XY chromosomes with undervirilization;
1213
(D) has both ovarian and testicular tissue; or
1214
(E) has been diagnosed by a physician, based on genetic or biochemical testing,
1215
with a sex development disorder characterized by abnormal sex chromosome
1216
structure, sex steroid hormone production, or sex steroid hormone action for a
1217
male or female; or
1218
(ii) removing a body part:
- 36 - 02-28 15:21 1st Sub. (Green) S.B. 330
1219
(A) because the body part is cancerous or diseased; or
1220
(B) for a reason that is medically necessary, other than to effectuate or facilitate an
1221
individual's attempted sex change.
1222
(23)(a) "Secondary sex characteristic surgical procedure" means any of the following if
1223
done for the purpose of effectuating or facilitating an individual's attempted sex
1224
change:
1225
(i) for an individual whose biological sex at birth is male, breast augmentation
1226
surgery, chest feminization surgery, or facial feminization surgery; or
1227
(ii) for an individual whose biological sex at birth is female, mastectomy, breast
1228
reduction surgery, chest masculinization surgery, or facial masculinization surgery.
1229
(b) "Secondary sex characteristic surgical procedure" does not include:
1230
(i) surgery or other procedures or treatments performed on an individual who:
1231
(A) is born with external biological sex characteristics that are irresolvably
1232
ambiguous;
1233
(B) is born with 46, XX chromosomes with virilization;
1234
(C) is born with 46, XY chromosomes with undervirilization;
1235
(D) has both ovarian and testicular tissue; or
1236
(E) has been diagnosed by a physician, based on genetic or biochemical testing,
1237
with a sex development disorder characterized by abnormal sex chromosome
1238
structure, sex steroid hormone production, or sex steroid hormone action for a
1239
male or female; or
1240
(ii) removing a body part:
1241
(A) because the body part is cancerous or diseased; or
1242
(B) for a reason that is medically necessary, other than to effectuate or facilitate an
1243
individual's attempted sex change.
1244
(24) "SPEX" means the Special Purpose Examination of the Federation of State Medical
1245
Boards.
1246
(25) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
1247
58-67-501.
1248
(26) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
1249
and 58-67-502, and as may be further defined by division rule.
1250
Section 26. Section 58-68-102 is amended to read:
1251
58-68-102 . Definitions.
1252
In addition to the definitions in Section 58-1-102, as used in this chapter:
- 37 - 1st Sub. (Green) S.B. 330 02-28 15:21
1253
(1)(a) "Ablative procedure" means a procedure that is expected to excise, vaporize,
1254
disintegrate, or remove living tissue, including the use of carbon dioxide lasers and
1255
erbium: YAG lasers.
1256
(b) "Ablative procedure" does not include:[ ]
1257
(i) hair removal[.] ; or
1258
(ii) laser tattoo removal.
1259
(2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
1260
American Medical Association.
1261
(3) "Administrative penalty" means a monetary fine imposed by the division for acts or
1262
omissions determined to constitute unprofessional or unlawful conduct, as a result of an
1263
adjudicative proceeding conducted in accordance with Title 63G, Chapter 4,
1264
Administrative Procedures Act.
1265
(4) "AOA" means the American Osteopathic Association.
1266
(5) "Associate physician" means an individual licensed under Section 58-68-302.5.
1267
(6) "Attempted sex change" means an attempt or effort to change an individual's body to
1268
present that individual as being of a sex or gender that is different from the individual's
1269
biological sex at birth.
1270
(7) "Biological sex at birth" means an individual's sex, as being male or female, according
1271
to distinct reproductive roles as manifested by:
1272
(a) sex and reproductive organ anatomy;
1273
(b) chromosomal makeup; and
1274
(c) endogenous hormone profiles.
1275
(8) "Board" means the Medical Licensing Board created in Section 58-67-201.
1276
(9) "Collaborating physician" means an individual licensed under Section 58-68-302 who
1277
enters into a collaborative practice arrangement with an associate physician.
1278
(10) "Collaborative practice arrangement" means the arrangement described in Section
1279
58-68-807.
1280
(11)(a) "Cosmetic medical device" means tissue altering energy based devices that have
1281
the potential for altering living tissue and that are used to perform ablative or
1282
nonablative procedures, such as American National Standards Institute [(ANSI) ]
1283
designated Class IIIb and Class IV lasers, intense pulsed light, radio frequency
1284
devices, and lipolytic devices and excludes [ANSI] American National Standards
1285
Institute designated Class IIIa and lower powered devices.
1286
(b) Notwithstanding Subsection (11)(a), if an [ANSI] American National Standards
- 38 - 02-28 15:21 1st Sub. (Green) S.B. 330
1287
Institute designated Class IIIa and lower powered device is being used to perform an
1288
ablative procedure, the device is included in the definition of cosmetic medical
1289
device under Subsection (11)(a).
1290
(12) "Cosmetic medical procedure":
1291
(a) includes the use of cosmetic medical devices to perform ablative or nonablative
1292
procedures; and
1293
(b) does not include a treatment of the ocular globe such as refractive surgery.
1294
(13) "Diagnose" means:
1295
(a) to examine in any manner another person, parts of a person's body, substances,
1296
fluids, or materials excreted, taken, or removed from a person's body, or produced by
1297
a person's body, to determine the source, nature, kind, or extent of a disease or other
1298
physical or mental condition;
1299
(b) to attempt to conduct an examination or determination described under Subsection
1300
(13)(a);
1301
(c) to hold oneself out as making or to represent that one is making an examination or
1302
determination as described in Subsection (13)(a); or
1303
(d) to make an examination or determination as described in Subsection (13)(a) upon or
1304
from information supplied directly or indirectly by another person, whether or not in
1305
the presence of the person making or attempting the diagnosis or examination.
1306
(14) "Medical assistant" means an unlicensed individual who may perform tasks as
1307
described in Subsection 58-68-305(6).
1308
(15) "Medically underserved area" means a geographic area in which there is a shortage of
1309
primary care health services for residents, as determined by the Department of Health
1310
and Human Services.
1311
(16) "Medically underserved population" means a specified group of people living in a
1312
defined geographic area with a shortage of primary care health services, as determined
1313
by the Department of Health and Human Services.
1314
(17)(a)(i) "Nonablative procedure" means a procedure that is expected or intended to
1315
alter living tissue, but is not expected or intended to excise, vaporize, disintegrate,
1316
or remove living tissue.
1317
(ii) Notwithstanding Subsection (17)(a)(i), nonablative procedure includes hair
1318
removal.
1319
(b) "Nonablative procedure" does not include:
1320
(i) a superficial procedure as defined in Section 58-1-102;
- 39 - 1st Sub. (Green) S.B. 330 02-28 15:21
1321
(ii) the application of permanent make-up;
1322
(iii) laser tattoo removal; or
1323
[(iii)] (iv) the use of photo therapy lasers for neuromusculoskeletal treatments that are
1324
performed by an individual licensed under this title who is acting within the
1325
individual's scope of practice.
1326
(18) "Physician" means both physicians and surgeons licensed under [Section 58-67-301,
1327
Utah Medical Practice Act] Part 3, Licensing, and osteopathic physicians and surgeons
1328
licensed under [Section 58-68-301, Utah Osteopathic Medical Practice Act] Chapter 68,
1329
Part 3, Licensing.
1330
(19)(a) "Practice of osteopathic medicine" means:
1331
(i) to diagnose, treat, correct, administer anesthesia, or prescribe for any human
1332
disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or
1333
mental, real or imaginary, or to attempt to do so, by any means or instrumentality,
1334
which in whole or in part is based upon emphasis of the importance of the
1335
musculoskeletal system and manipulative therapy in the maintenance and
1336
restoration of health, by an individual in Utah or outside of the state upon or for
1337
any human within the state;
1338
(ii) when a person not licensed as a physician directs a licensee under this chapter to
1339
withhold or alter the health care services that the licensee has ordered;
1340
(iii) to maintain an office or place of business for the purpose of doing any of the acts
1341
described in Subsection (19)(a)(i) or (ii) whether or not for compensation; or
1342
(iv) to use, in the conduct of any occupation or profession pertaining to the diagnosis
1343
or treatment of human diseases or conditions, in any printed material, stationery,
1344
letterhead, envelopes, signs, or advertisements, the designation "doctor," "doctor
1345
of osteopathic medicine," "osteopathic physician," "osteopathic surgeon,"
1346
"osteopathic physician and surgeon," "Dr.," "D.O.," or any combination of these
1347
designations in any manner which might cause a reasonable person to believe the
1348
individual using the designation is a licensed osteopathic physician, and if the
1349
party using the designation is not a licensed osteopathic physician, the designation
1350
must additionally contain the description of the branch of the healing arts for
1351
which the person has a license, provided that an individual who has received an
1352
earned degree of doctor of osteopathic medicine but is not a licensed osteopathic
1353
physician and surgeon in Utah may use the designation "D.O." if it is followed by
1354
"Not Licensed" or "Not Licensed in Utah" in the same size and style of lettering.
- 40 - 02-28 15:21 1st Sub. (Green) S.B. 330
1355
(b) The practice of osteopathic medicine does not include:
1356
(i) except for an ablative medical procedure as provided in Subsection (19)(b)(ii), the
1357
conduct described in Subsection (19)(a)(i) that is performed in accordance with a
1358
license issued under another chapter of this title;
1359
(ii) an ablative cosmetic medical procedure if the scope of practice for the person
1360
performing the ablative cosmetic medical procedure includes the authority to
1361
operate or perform a surgical procedure; or
1362
(iii) conduct under Subsection 58-68-501(2).
1363
(20) "Prescription device" means an instrument, apparatus, implement, machine,
1364
contrivance, implant, in vitro reagent, or other similar or related article, and any
1365
component part or accessory, which is required under federal or state law to be
1366
prescribed by a practitioner and dispensed by or through a person or entity licensed
1367
under this chapter or exempt from licensure under this chapter.
1368
(21) "Prescription drug" means a drug that is required by federal or state law or rule to be
1369
dispensed only by prescription or is restricted to administration only by practitioners.
1370
(22)(a) "Primary sex characteristic surgical procedure" means any of the following if
1371
done for the purpose of effectuating or facilitating an individual's attempted sex
1372
change:
1373
(i) for an individual whose biological sex at birth is male, castration, orchiectomy,
1374
penectomy, vaginoplasty, or vulvoplasty;
1375
(ii) for an individual whose biological sex at birth is female, hysterectomy,
1376
oophorectomy, metoidioplasty, or phalloplasty; or
1377
(iii) any surgical procedure that is related to or necessary for a procedure described in
1378
Subsection (22)(a)(i) or (ii), that would result in the sterilization of an individual
1379
who is not sterile.
1380
(b) "Primary sex characteristic surgical procedure" does not include:
1381
(i) surgery or other procedures or treatments performed on an individual who:
1382
(A) is born with external biological sex characteristics that are irresolvably
1383
ambiguous;
1384
(B) is born with 46, XX chromosomes with virilization;
1385
(C) is born with 46, XY chromosomes with undervirilization;
1386
(D) has both ovarian and testicular tissue; or
1387
(E) has been diagnosed by a physician, based on genetic or biochemical testing,
1388
with a sex development disorder characterized by abnormal sex chromosome
- 41 - 1st Sub. (Green) S.B. 330 02-28 15:21
1389
structure, sex steroid hormone production, or sex steroid hormone action for a
1390
male or female; or
1391
(ii) removing a body part:
1392
(A) because the body part is cancerous or diseased; or
1393
(B) for a reason that is medically necessary, other than to effectuate or facilitate an
1394
individual's attempted sex change.
1395
(23)(a) "Secondary sex characteristic surgical procedure" means any of the following if
1396
done for the purpose of effectuating or facilitating an individual's attempted sex
1397
change:
1398
(i) for an individual whose biological sex at birth is male, breast augmentation
1399
surgery, chest feminization surgery, or facial feminization surgery; or
1400
(ii) for an individual whose biological sex at birth is female, mastectomy, breast
1401
reduction surgery, chest masculinization surgery, or facial masculinization surgery.
1402
(b) "Secondary sex characteristic surgical procedure" does not include:
1403
(i) surgery or other procedures or treatments performed on an individual who:
1404
(A) is born with external biological sex characteristics that are irresolvably
1405
ambiguous;
1406
(B) is born with 46, XX chromosomes with virilization;
1407
(C) is born with 46, XY chromosomes with undervirilization;
1408
(D) has both ovarian and testicular tissue; or
1409
(E) has been diagnosed by a physician, based on genetic or biochemical testing,
1410
with a sex development disorder characterized by abnormal sex chromosome
1411
structure, sex steroid hormone production, or sex steroid hormone action for a
1412
male or female; or
1413
(ii) removing a body part:
1414
(A) because the body part is cancerous or diseased; or
1415
(B) for a reason that is medically necessary, other than to effectuate or facilitate an
1416
individual's attempted sex change.
1417
(24) "SPEX" means the Special Purpose Examination of the Federation of State Medical
1418
Boards.
1419
(25) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
1420
58-68-501.
1421
(26) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
1422
and 58-68-502 and as may be further defined by division rule.
- 42 - 02-28 15:21 1st Sub. (Green) S.B. 330
1423
Section 27. Effective Date.
1424
This bill takes effect on January 1, 2026.
- 43 -