03-05 17:57 4th Sub. (Pumpkin) S.B. 330
A. Cory Maloy proposes the following substitute bill:
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Cosmetology Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
House Sponsor: A. Cory Maloy
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LONG TITLE
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General Description:
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This bill restructures the licensing standards for the Cosmetology and Associated
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Professions Licensing Act.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ creates a scope of practice for professionals regulated by the Cosmetology and Associated
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Professions Licensing Act;
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▸ restructures the existing Cosmetology and Associated Professions Licensing Board;
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▸ restructures the license classifications regulated by the Cosmetology and Associated
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Professions Licensing Act;
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▸ restructures the qualifications for licensure for professionals regulated by the
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Cosmetology and Associated Professions Licensing Act;
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▸ establishes standards for apprenticeship for professionals regulated by the Cosmetology
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and Associated Professions Licensing Act;
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▸ addresses unprofessional conduct;
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▸ allows a school to receive curriculum approval from the Division of Professional
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Licensing; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
4th Sub. S.B. 330 4th Sub. (Pumpkin) S.B. 330 03-05 17:57
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58-1-102, as last amended by Laws of Utah 2024, Chapter 486
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58-1-506, as last amended by Laws of Utah 2024, Chapter 486
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58-11a-201, as last amended by Laws of Utah 2024, Chapter 479
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58-11a-303, as last amended by Laws of Utah 2001, Chapter 204
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58-11a-304, as last amended by Laws of Utah 2024, Chapter 479
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58-11a-503, as last amended by Laws of Utah 2020, Chapter 339
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58-67-102, as last amended by Laws of Utah 2024, Chapter 507
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58-68-102, as last amended by Laws of Utah 2024, Chapter 507
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ENACTS:
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58-11a-302.10, Utah Code Annotated 1953
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58-11a-302.11, Utah Code Annotated 1953
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58-11a-302.12, Utah Code Annotated 1953
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58-11a-302.13, Utah Code Annotated 1953
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58-11a-302.14, Utah Code Annotated 1953
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58-11a-302.15, Utah Code Annotated 1953
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58-11a-302.16, Utah Code Annotated 1953
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58-11a-302.17, Utah Code Annotated 1953
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58-11a-302.18, Utah Code Annotated 1953
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58-11a-302.19, Utah Code Annotated 1953
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58-11a-302.20, Utah Code Annotated 1953
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58-11a-302.21, Utah Code Annotated 1953
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58-11a-302.22, Utah Code Annotated 1953
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58-11a-302.23, Utah Code Annotated 1953
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58-11a-302.24, Utah Code Annotated 1953
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58-11a-302.25, Utah Code Annotated 1953
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REPEALS AND REENACTS:
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58-11a-102, as last amended by Laws of Utah 2024, Chapter 479
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58-11a-301, as last amended by Laws of Utah 2024, Chapter 479
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58-11a-302, as last amended by Laws of Utah 2024, Chapters 137, 479
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58-11a-306, as last amended by Laws of Utah 2024, Chapter 479
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58-11a-501, as last amended by Laws of Utah 2024, Chapter 479
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 58-1-102 is amended to read:
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58-1-102 . Definitions.
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As used in this title:
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(1)(a) "Ablative procedure" means the same as that term is defined in Section 58-67-102.
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(b) "Ablative procedure" does not include laser tattoo removal.
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(2) "Cosmetic medical procedure":
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(a) means the same as that term is defined in Section 58-67-102; and
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(b) except for Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah Osteopathic
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Medical Practice Act, does not apply to the scope of practice of an individual
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licensed under this title if the individual's scope of practice includes the authority to
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operate or perform surgical procedures.
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(3) "Cryolipolysis" means a nonablative fat reduction procedure that uses cold temperature
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to reduce fat deposits in certain areas of the body.
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(4) "Department" means the Department of Commerce.
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(5) "Director" means the director of the Division of Professional Licensing.
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(6) "Division" means the Division of Professional Licensing created in Section 58-1-103.
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(7) "Executive director" means the executive director of the Department of Commerce.
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(8) "Licensee" includes any holder of a license, certificate, registration, permit, student
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card, or apprentice card authorized under this title.
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(9)(a)(i) "Nonablative procedure" means a procedure that is expected or intended to
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alter living tissue, but not intended or expected to excise, vaporize, disintegrate, or
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remove living tissue.
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(ii) Notwithstanding Subsection [(8)(a)(i)] (9)(a)(i), nonablative procedure includes
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hair removal and cryolipolysis.
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(b) "Nonablative procedure" does not include:
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(i) a superficial procedure;
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(ii) the application of permanent make-up;
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(iii) laser tattoo removal; or
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[(iii)] (iv) the use of photo therapy and lasers for neuromusculoskeletal treatments that
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are performed by an individual licensed under this title who is acting within their
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scope of practice.
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(10) "Pain clinic" means:
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(a) a clinic that advertises its primary purpose is the treatment of chronic pain; or
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(b) a clinic in which greater than 50% of the clinic's annual patient population receive
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treatment primarily for non-terminal chronic pain using Schedule II-III controlled
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substances.
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(11) "Superficial procedure" means a procedure that is expected or intended to temporarily
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alter living skin tissue and may excise or remove stratum corneum but have no
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appreciable risk of damage to any tissue below the stratum corneum.
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(12) "Telemedicine service" means the same as that term is defined in Section 26B-4-704.
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(13) "Unlawful conduct" means the same as that term is defined in Subsection 58-1-501(1).
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(14) "Unprofessional conduct" means the same as that term is defined in Subsection
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58-1-501(2).
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Section 2. Section 58-1-506 is amended to read:
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58-1-506 . Supervision of cosmetic medical procedures.
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(1) For purposes of this section:
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(a) "Delegation group A" means the following who are licensed under this title, acting
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within their respective scopes of practice, and qualified under Subsections (2)(f)(i)
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and (iii):
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(i) a physician assistant, if acting in accordance with Chapter 70a, Utah Physician
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Assistant Act;
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(ii) a registered nurse;
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(iii) a master esthetician; and
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(iv) an electrologist, if evaluating for or performing laser hair removal.
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(b) "Delegation group B" means:
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(i) a practical nurse or an esthetician who is licensed under this title, acting within [
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their] the nurse or esthetician's respective scopes of practice, and qualified under
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Subsections (2)(f)(i) and (iii); and
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(ii) a medical assistant who is qualified under Subsections (2)(f)(i) and (iii).
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(c) "Direct cosmetic medical procedure supervision" means the supervisor:
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(i) has authorized the procedure to be done on the patient by the supervisee; and
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(ii) is present and available for a face-to-face communication with the supervisee
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when and where a cosmetic medical procedure is performed.
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(d) "General cosmetic medical procedure supervision" means the supervisor:
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(i) has authorized the procedure to be done on the patient by the supervisee;
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(ii) is available in a timely and appropriate manner in person to evaluate and initiate
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care for a patient with a suspected adverse reaction or complication; and
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(iii) is located within 60 minutes or 60 miles of the cosmetic medical facility.
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(e) "Hair removal review" means:
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(i) conducting an in-person, face-to-face interview of a patient based on the responses
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provided by the patient to a detailed medical history assessment that was prepared
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by the supervisor;
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(ii) evaluating for contraindications and conditions that are part of the treatment plan;
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and
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(iii) if the patient history or patient presentation deviates in any way from the
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treatment plan, referring the patient to the supervisor and receiving clearance from
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the supervisor before starting the treatment.
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(f) "Indirect cosmetic medical procedure supervision" means the supervisor:
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(i) has authorized the procedure to be done on the patient by the supervisee;
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(ii) has given written instructions to the person being supervised;
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(iii) is present within the cosmetic medical facility in which the person being
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supervised is providing services; and
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(iv) is available to:
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(A) provide immediate face-to-face communication with the person being
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supervised; and
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(B) evaluate the patient, as necessary.
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(2) A supervisor supervising a nonablative cosmetic medical procedure for hair removal
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shall:
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(a) have an unrestricted license to practice medicine or advanced practice registered
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nursing in the state;
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(b) develop the medical treatment plan for the procedure;
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(c) conduct a hair removal review, or delegate the hair removal review to a member of
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delegation group A, of the patient prior to initiating treatment or a series of
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treatments;
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(d) personally perform the nonablative cosmetic medical procedure for hair removal, or
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authorize and delegate the procedure to a member of delegation group A or B;
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(e) during the nonablative cosmetic medical procedure for hair removal provide general
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cosmetic medical procedure supervision to individuals in delegation group A
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performing the procedure, except physician assistants, who shall act in accordance
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with Chapter 70a, Utah Physician Assistant Act, and indirect cosmetic medical
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procedure supervision to individuals in delegation group B performing the procedure;
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and
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(f) verify that a person to whom the supervisor delegates an evaluation under Subsection
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(2)(c) or delegates a procedure under Subsection (2)(d)[ or (3)(c)(ii)]:
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(i) has received appropriate training regarding the medical procedures developed
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under Subsection (2)(b);
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(ii) has an unrestricted license under this title or is performing under the license of the
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supervising physician and surgeon; and
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(iii) has maintained competence to perform the nonablative cosmetic medical
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procedure through documented education and experience of at least 80 hours, as
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further defined by rule, regarding:
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(A) the appropriate standard of care for performing nonablative cosmetic medical
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procedures;
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(B) physiology of the skin;
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(C) skin typing and analysis;
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(D) skin conditions, disorders, and diseases;
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(E) pre- and post-procedure care;
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(F) infection control;
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(G) laser and light physics training;
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(H) laser technologies and applications;
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(I) safety and maintenance of lasers;
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(J) cosmetic medical procedures an individual is permitted to perform under this
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title;
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(K) recognition and appropriate management of complications from a procedure;
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and
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(L) cardiopulmonary resuscitation (CPR).
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[(3) For a nonablative cosmetic medical procedure for tattoo removal:]
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[(a) a supervisor supervising a nonablative cosmetic medical procedure for tattoo
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removal shall:]
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[(i) have an unrestricted license to practice medicine or advanced practice registered
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nursing in the state; and]
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[(ii) develop the medical treatment plan for the procedure; and]
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[(b) a nurse practitioner or physician assistant:]
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[(i) shall conduct an in-person face-to-face evaluation of a patient before initiating a
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treatment protocol or series of treatments for removing a tattoo;]
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[(ii) shall inspect the patient's skin for any discoloration unrelated to the tattoo and
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any other indication of cancer or other condition that should be treated or further
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evaluated before the tattoo is removed;]
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[(iii) shall refer a patient with a condition described in Subsection (3)(b)(ii) to a
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physician for treatment or further evaluation; and]
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[(iv) may not perform a nonablative cosmetic medical procedure to remove a tattoo
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on a patient unless the patient is approved for the tattoo removal by a physician
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after the physician evaluates the patient.]
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[(4)] (3) For a nonablative cosmetic medical procedure other than hair removal under
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Subsection (2)[ or tattoo removal under Subsection (3)]:
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(a) a physician who has an unrestricted license to practice medicine, a nurse practitioner
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who has an unrestricted license for advanced practice registered nursing, or a
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physician assistant acting in accordance with Chapter 70a, Utah Physician Assistant
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Act, who has an unrestricted license to practice as a physician assistant, shall:
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(i) develop a treatment plan for the nonablative cosmetic medical procedure; and
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(ii) conduct an evaluation of the patient either in-person or utilizing a live
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telemedicine visit before the initiation of a treatment protocol or series of
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treatments; and
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(b) the supervisor supervising the procedure shall:
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(i) have an unrestricted license to practice medicine or advanced practice registered
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nursing;
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(ii) personally perform the nonablative cosmetic medical procedure or:
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(A) authorize and provide general cosmetic medical procedure supervision for the
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nonablative cosmetic medical procedure that is performed by a registered nurse
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or a master esthetician; or
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(B) authorize and provide supervision as provided in Chapter 70a, Utah Physician
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Assistant Act, for the nonablative cosmetic medical procedure that is
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performed by a physician assistant;[ or] and
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(C) authorize and provide direct cosmetic medical procedure supervision for the
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nonablative cosmetic medical procedure that is performed by an esthetician or
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a practical nurse; and
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(iii) verify that a person to whom the supervisor delegates a procedure under
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Subsection [(3)(c)] (3)(b):
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(A) has received appropriate training regarding the medical procedures to be
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performed;
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(B) has an unrestricted license and is acting within the person's scope of practice
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under this title; and
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(C) is qualified under Subsection (2)(f)(iii).
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[(5)] (4) A supervisor performing or supervising a cosmetic medical procedure under
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Subsection (2) or (3)[ or (4)] shall ensure that:
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(a) the supervisor's name is prominently posted at the cosmetic medical facility
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identifying the supervisor;
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(b) a copy of the supervisor's license is displayed on the wall of the cosmetic medical
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facility;
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(c) the patient receives written information with the name and licensing information of
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the supervisor who is supervising the nonablative cosmetic medical procedure and
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the person who is performing the nonablative cosmetic medical procedure;
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(d) the patient is provided with a telephone number that is answered within 24 hours for
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follow-up communication; and
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(e) the cosmetic medical facility's contract with a master esthetician who performs a
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nonablative cosmetic medical procedure at the facility is kept on the premises of the
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facility.
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[(6)] (5) Failure to comply with the provisions of this section is unprofessional conduct.
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[(7)] (6) A chiropractic physician licensed under Chapter 73, Chiropractic Physician
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Practice Act, is not subject to the supervision requirements in this section for a
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nonablative cosmetic medical procedure for hair removal if the chiropractic physician is
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acting within the scope of practice of a chiropractic physician and with training specific
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to nonablative hair removal.
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Section 3. Section 58-11a-102 is repealed and reenacted to read:
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58-11a-102 . Definitions.
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As used in this chapter:
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(1) "Approved apprenticeship" means an apprenticeship that meets the requirements of
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Section 58-11a-306 for any applicable license or permit type and the requirements
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established by administrative rules made by the division in collaboration with the board
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and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
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(2) "Board" means the Cosmetology and Associated Professions Licensing Board created in
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Section 58-11a-201.
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(3)(a) "Cosmetic medical device" means a nonablative tissue altering energy based
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device, including a laser, that is expected or intended to alter living tissue, but is not
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intended or expected to excise, vaporize, disintegrate, or remove living tissue.
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(b) "Cosmetic medical device" includes:
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(i) an American National Standards Institute designated Class IIIb and Class IV
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lasers;
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(ii) a device that utilizes intense pulsed light;
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(iii) a radio frequency devices; and
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(iv) a lipolytic devices.
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(c) "Cosmetic medical device" does not include an American National Standards
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Institute designated Class IIIa and lower powered device.
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(4) "Dermaplane" means the use of a scalpel or bladed instrument to shave the upper layers
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of the stratum corneum.
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(5) "Direct supervision" means that the supervisor of an apprentice or the instructor of a
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student is physically present in the same building as the apprentice or student and readily
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able to establish direct contact with the apprentice or student for consultation, advice,
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instruction, and evaluation.
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(6) "Division" means the Division of Professional Licensing, created in Section 58-1-103.
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(7)(a) "Hair braiding" means the twisting, weaving, or interweaving of an individual's
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natural human hair.
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(b) "Hair braiding" includes the following methods or styles:
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(i) African-style braiding;
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(ii) box braids;
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(iii) cornrows;
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(iv) dreadlocks;
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(v) french braids;
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(vi) invisible braids;
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(vii) micro braids;
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(viii) single braids;
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(ix) single plaits;
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(x) twists;
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(xi) visible braids;
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(xii) the use of lock braids;
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(xiii) the use of decorative beads, accessories, and extensions; and
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(xiv) the use of wefts if applied without the use of glue or tape.
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(c) "Hair braiding" does not include:
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(i) the use of:
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(A) wefts if applied with the use of glue or tape;
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(B) synthetic tape;
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(C) synthetic glue;
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(D) keratin bonds;
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(E) fusion bonds; or
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(F) heat tools;
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(ii) the cutting of human hair; or
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(iii) the application of heat, dye, a reactive chemical, or other preparation to:
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(A) alter the color of the hair; or
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(B) straighten, curl, or alter the structure of the hair.
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(8) "Instructor" means an individual that is licensed to instruct a discipline that is regulated
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by this chapter.
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(9) "Licensed school" means a school in Utah that:
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(a) meets the standards for accreditation established by administrative rules made by the
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division; or
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(b) is using curriculum approved by the division.
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(10)(a) "Manual hair removal" means superfluous hair removal that is performed
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without using a cosmetic medical device or electrolysis.
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(b) "Manual hair removal" includes:
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(i) the use of depilatories;
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(ii) shaving;
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(iii) sugaring;
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(iv) tweezing; and
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(v) waxing.
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(c) "Manual hair removal" does not include threading.
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(11) "Minimum service count" means the minimum number of repetitions of a given
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service a license or permit applicant is required to complete to gain a minimum level of
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competence as established by administrative rules made by the division for a service.
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(12) "Permit" means a safety permit that gives the holder authority to perform certain
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services.
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(13) "Recognized school" means a school located in a jurisdiction other than Utah whose
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students, upon graduation, are recognized as having completed the educational
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requirements for the licensure in the jurisdiction in which the school is located.
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(14) "Representative of a licensed school" means an individual:
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(a) that is acting in the individual's capacity as an employee of a licensed school; or
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(b) with an ownership or financial interest in a licensed school.
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(15) "Salon" means a place, shop, or establishment in which an individual licensed or
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permitted under this chapter practices the individual's discipline.
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(16) "Threading" means a method of removing hair from the eyebrows, upper lip, or other
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body parts by using cotton thread to pull hair from follicles without the use of chemicals,
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heat, or wax.
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(17) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
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58-11a-502.
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(18) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
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and 58-11a-501 and as may be further defined by administrative rules made by the
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division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act.
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Section 4. Section 58-11a-201 is amended to read:
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58-11a-201 . Board.
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(1) There is created the Cosmetology and Associated Professions Licensing Board
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consisting of the following members:
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(a)(i) one [barber or ]cosmetologist[/barber]; or
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(ii) one cosmetologist instructor;
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[(b)(i) one barber or cosmetologist/barber instructor; or]
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[(ii) one representative of a licensed barber or cosmetology/barber school;]
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[(c)] (b)(i) one master esthetician; or
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(ii) one master esthetician instructor;
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(c)(i) one nail technician; or
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(ii) one nail technician instructor;
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[(d)(i) one esthetician instructor; or]
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[(ii) one representative of a licensed esthetics school;]
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[(e) one nail technician;]
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[(f)(i) one nail technician instructor; or]
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[(ii) one representative of a licensed nail technology school;]
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[(g)] (d)(i) one electrologist; or
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(ii) one electrologist instructor;
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(e) one representative of a licensed school that is publicly funded;
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(f) one representative of a licensed school that is privately funded;
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(g) one supervisor as defined in Section 58-1-505; and
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[(h) one eyelash and eyebrow technician;]
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[(i)(i) one eyelash and eyebrow technician instructor; or]
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[(ii) one representative of a licensed eyelash and eyebrow technology school; and]
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[(j)] (h) two members from the general public.
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(2)(a) The board shall be appointed and serve in accordance with Section 58-1-201.
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(b) Except for the members specified in Subsections (1)(e) and (1)(f), a member may not
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participate as a representative of a licensed school.
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[(b)(i) At least one of the members of the board appointed under Subsections (1)(b),
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(d), and (f) shall be an instructor at or a representative of a public school.]
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[(ii) At least one of the members of the board appointed under Subsections (1)(b),
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(d), and (f) shall be an instructor at or a representative of a private school.]
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(3)(a) [The ] The board shall perform the duties and responsibilities [of the board are in
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accordance with] described in Sections 58-1-202 and 58-1-203.
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(b) [In addition, the ] The board shall designate one of [its] the board members on a
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permanent or rotating basis to:
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[(a)] (i) assist the division in reviewing complaints concerning the unlawful or
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unprofessional conduct of a licensee; and
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[(b)] (ii) advise the division in [its] the division's investigation of these complaints.
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(4) A board member who has, under Subsection (3), reviewed a complaint or advised in [its]
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the investigation of the complaint may be disqualified from participating with the board
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when the board serves as a presiding officer in an adjudicative proceeding concerning
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the complaint.
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Section 5. Section 58-11a-301 is repealed and reenacted to read:
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58-11a-301 . Licensure or permit required.
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(1) Subject to Subsection (2), a person must be licensed or permitted as required under this
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chapter to practice a discipline regulated by this chapter.
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(2) An individual is not required to be licensed or permitted if the individual:
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(a) is a registered apprentice in accordance with this chapter; or
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(b) qualifies for an exemption under:
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(i) Section 58-1-307; or
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(ii) Section 58-11a-304.
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Section 6. Section 58-11a-302 is repealed and reenacted to read:
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58-11a-302 . General qualifications for licensure and permitting.
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(1) An applicant for a license or permit under this chapter shall:
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(a)(i) submit an application in a form prescribed by the division; and
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(ii) pay a fee determined by the division in compliance with Section 63J-1-504;
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(b) provide satisfactory documentation of completion of required minimum service
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counts, certified by the applicant's school, or, if under an apprenticeship, the
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applicant's supervisor; and:
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(i) compliance with educational requirements of the respective license or permit; or
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(ii) completion of an approved apprenticeship; and
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(c) pass an examination, as required by administrative rule established by the division.
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(2)(a) The division shall establish administrative rules to determine how many hours for
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an existing license or permit that an applicant may credit towards the hours required
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for an additional permit or license.
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(b) An individual that holds a cosmetology license may count 600 hours as a
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cosmetologist to satisfy the 1,200 total hours requirement for a master esthetics
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license.
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Section 7. Section 58-11a-302.10 is enacted to read:
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58-11a-302.10 . Practice of barbering -- Barbering permit -- Qualifications.
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(1) The practice of barbering includes:
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(a) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
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shears, clippers, or other appliances;
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(b) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
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drying;
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(c) cutting, wet styling, fitting, measuring, or forming caps for wigs and hairpieces on
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the human head;
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(d) removing hair from the face or neck of an individual by using shaving equipment,
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including an electric trimmer; and
429
(e) when providing other services described in this Subsection (1), gently massaging the
430
head, back of the neck, and shoulders by manual or mechanical means.
431
(2) An individual may not engage in the practice of barbering unless the individual holds a
432
barbering permit.
433
(3) An applicant for a barbering permit shall comply with the requirements in Section
434
58-11a-302 and:
435
(a) attend a licensed or recognized school and complete a curriculum that:
436
(i) covers:
- 13 - 4th Sub. (Pumpkin) S.B. 330 03-05 17:57
437
(A) hair safety requirements; and
438
(B) barbering; and
439
(ii) has a minimum of 130 hours of instruction or the equivalent number of credit
440
hours; or
441
(b) complete an approved barber apprenticeship.
442
(4) If the applicant graduates from a recognized school with less than 130 hours of
443
instruction, the applicant may count hours practiced as a barber in a jurisdiction other
444
than Utah to satisfy the 130 total hours requirement.
445
(5) An individual with a barbering permit may apply credit hours to another license or
446
permit under this chapter, as allowed in Subsection 58-11a-302(2).
447
Section 8. Section 58-11a-302.11 is enacted to read:
448
58-11a-302.11 . Practice of basic esthetics -- Basic esthetics permit --
449
Qualifications.
450
(1) The practice of basic esthetics means any one of the following skincare procedures done
451
on the face or body for cosmetic purposes and not for the treatment of medical, physical,
452
or mental ailments:
453
(a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays or
454
masks, and manual extraction, including a comedone extractor; or
455
(b) manual hair removal.
456
(2) An individual may not engage in the practice of basic esthetics unless the individual
457
holds a basic esthetics permit.
458
(3) An applicant for a basic esthetics permit shall comply with the requirements in Section
459
58-11a-302 and:
460
(a) attend a licensed or recognized school and complete a curriculum that:
461
(i) covers:
462
(A) basic esthetics; and
463
(B) manual hair removal; and
464
(ii) has a minimum of 200 hours of instruction or the equivalent number of credit
465
hours; or
466
(b) complete an approved basic esthetics permit apprenticeship.
467
(4) If the applicant graduates from a recognized school with less than 200 hours of
468
instruction, the applicant may count hours practiced as an esthetician in a jurisdiction
469
other than Utah to satisfy the 200 total hours requirement.
470
(5) An individual with a basic esthetics permit is not considered an esthetician for purposes
- 14 - 03-05 17:57 4th Sub. (Pumpkin) S.B. 330
471
of Section 58-1-506.
472
(6) An individual with a basic esthetics permit may apply credit hours to another license or
473
permit under this chapter, as allowed in Subsection 58-11a-302(2).
474
Section 9. Section 58-11a-302.12 is enacted to read:
475
58-11a-302.12 . Practice of chemical hair services -- Chemical hair services
476
permit -- Qualifications.
477
(1) The practice of chemical hair services includes bleaching, tinting, coloring, relaxing,
478
permanent waving, or similarly treating the hair of the head of an individual.
479
(2) An individual may not engage in the practice of chemical hair services unless the
480
individual holds a chemical hair services permit.
481
(3) An applicant for a chemical hair service permit shall comply with the requirements in
482
Section 58-11a-302 and:
483
(a) attend a licensed or recognized school and complete a curriculum that:
484
(i) covers chemical hair services; and
485
(ii) has a minimum of 260 hours of instruction or the equivalent number of credit
486
hours; or
487
(b) complete an approved chemical hair service apprenticeship.
488
(4) If the applicant graduates from a recognized school with less than 260 hours of
489
instruction, the applicant may count hours practiced as a chemical hair service technician
490
in a jurisdiction other than Utah to satisfy the 260 total hours requirement.
491
(5) An individual with a chemical hair services permit may apply credit hours to another
492
license or permit under this chapter, as allowed in Subsection 58-11a-302(2).
493
Section 10. Section 58-11a-302.13 is enacted to read:
494
58-11a-302.13 . Practice of cosmetology -- Cosmetology license -- Qualifications.
495
(1) The practice of cosmetology includes:
496
(a) styling, arranging, dressing, curling, waving, cleaning, singeing, bleaching, tinting,
497
coloring, permanent waving, or similarly treating the hair of the head of an individual;
498
(b) cutting, clipping, or trimming the hair by using scissors, shears, clippers, or other
499
appliances;
500
(c) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
501
drying;
502
(d) removing hair from the face or neck of an individual by using shaving equipment;
503
(e) arching eyebrows by tweezing, tinting eyebrows or eyelashes, perming eyelashes or
504
eyebrows;
- 15 - 4th Sub. (Pumpkin) S.B. 330 03-05 17:57
505
(f) manual hair removal;
506
(g) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays or
507
masks, and manual extraction, including a comedone extractor;
508
(h) limited chemical exfoliation as defined by administrative rules made by the division;
509
(i) cutting, curling, styling, fitting, measuring, or forming caps for wigs and hairpieces
510
on the human head;
511
(j) practicing hair weaving or hair fusing or servicing previously medically implanted
512
hair;
513
(k) trimming, cutting, cleaning, manicuring, shaping, massaging hands to elbows and
514
feet to knees, or enhancing the appearance of the hands, feet, and nails of an
515
individual by using the cosmetologist's hands, mechanical or electrical preparation,
516
antiseptic, lotion, or cream;
517
(l) natural nail manicures and pedicures;
518
(m) applying and removing sculptured or artificial nails; and
519
(n) using blades, including corn or callus planer or rasp, for smoothing, shaving, or
520
removing dead skin from the feet.
521
(2) An individual may not engage in the practice of cosmetology unless the individual holds
522
a cosmetology license.
523
(3) An applicant for a cosmetology license shall comply with the requirements in Section
524
58-11a-302 and:
525
(a) attend a licensed or recognized school and complete a curriculum that:
526
(i) covers:
527
(A) barbering;
528
(B) haircutting;
529
(C) chemical hair services;
530
(D) manual hair removal;
531
(E) eyelash and eyebrow technology, except for eyelash extensions;
532
(F) basic esthetics; and
533
(G) nail technology; and
534
(ii) has a minimum of 1,250 hours of instruction or the equivalent number of credit
535
hours; or
536
(b) complete an approved cosmetologist apprenticeship.
537
(4) If the applicant graduates from a recognized school with less than 1,250 hours of
538
instruction, the applicant may count hours practiced as a cosmetologist in a jurisdiction
- 16 - 03-05 17:57 4th Sub. (Pumpkin) S.B. 330
539
other than Utah to satisfy the 1,250 total hours requirement.
540
(5) An individual with a cosmetology license may be known as a cosmetologist or a barber.
541
(6) An individual with a cosmetology license may apply credit hours to another license or
542
permit under this chapter, as allowed in Subsection 58-11a-302(2).
543
Section 11. Section 58-11a-302.14 is enacted to read:
544
58-11a-302.14 . Practice of electrology -- Electrology license -- Qualifications.
545
(1) The practice of electrology includes removing superfluous hair:
546
(a) from the body and face of an individual by using electricity, waxing, shaving, or
547
tweezing; and
548
(b) by using a laser pursuant to requirements described in Section 58-1-506.
549
(2) An individual may not engage in the practice of electrology unless the individual holds
550
an electrology license.
551
(3) An applicant for an electrology license shall comply with the requirements of Section
552
58-11a-302 and:
553
(a) attend a licensed or recognized school and complete a curriculum that:
554
(i) covers:
555
(A) laser hair removal;
556
(B) electrolysis; and
557
(C) waxing; and
558
(ii) has a minimum of 600 hours of instruction or the equivalent number of credit
559
hours; or
560
(b) complete an approved electrology technician apprenticeship.
561
(4) If the applicant graduates from a recognized school with less than 600 hours of
562
instruction, the applicant may count hours practiced as a licensed electrologist in a
563
jurisdiction other than Utah to satisfy the 600 total hours requirement.
564
(5) An individual with an electrology license may apply credit hours to another license or
565
permit under this chapter, as allowed in Subsection 58-11a-302(2).
566
Section 12. Section 58-11a-302.15 is enacted to read:
567
58-11a-302.15 . Practice of eyelash and eyebrow technology -- Eyelash and
568
eyebrow technology license -- Qualifications.
569
(1) The practice of eyelash and eyebrow technology includes arching eyebrows by tweezing
570
or waxing, tinting eyelashes or eyebrows, facial waxing, perming eyelashes or
571
eyebrows, and applying eyelash or eyebrow extensions.
572
(2) An individual may not engage in the practice of eyelash and eyebrow technology unless
- 17 - 4th Sub. (Pumpkin) S.B. 330 03-05 17:57
573
the individual holds an eyelash and eyebrow technology license.
574
(3) An applicant for an eyelash and eyebrow technology license shall comply with the
575
requirements of Section 58-11a-302 and:
576
(a) attend a licensed or recognized school and complete a curriculum that:
577
(i) covers eyelash and eyebrow technology; and
578
(ii) has a minimum of 270 hours of instruction or the equivalent number of credit
579
hours; or
580
(b) complete an approved eyelash and eyebrow apprenticeship.
581
(4) If the applicant graduates from a recognized school with less than 270 hours of
582
instruction, the applicant may count hours practiced as a licensed eyelash and eyebrow
583
technician in a jurisdiction other than Utah to satisfy the 270 total hours requirement.
584
(5) An individual with an eyelash and eyebrow technology license may apply credit hours
585
to another license or permit under this chapter, as allowed in Subsection 58-11a-302(2).
586
Section 13. Section 58-11a-302.16 is enacted to read:
587
58-11a-302.16 . Practice of facial hair removal -- Facial hair removal permit --
588
Qualifications.
589
(1) The practice of facial hair removal includes cleansing, applying oil and antiseptics, and
590
manual hair removal on the face.
591
(2) An individual may not engage in the practice of facial hair removal unless the individual
592
holds a facial hair removal permit.
593
(3) An applicant for a facial hair removal permit shall comply with the requirements of
594
Section 58-11a-302 and:
595
(a) attend a licensed or recognized school and complete a curriculum that:
596
(i) covers facial hair removal; and
597
(ii) has a minimum of 50 hours of instruction or the equivalent number of credit
598
hours; or
599
(b) complete an approved facial hair removal apprenticeship.
600
(4) If the applicant graduates from a recognized school with less than 50 hours of
601
instruction, the applicant may count hours practiced as a permitted facial hair removal
602
technician in a jurisdiction other than Utah to satisfy the 50 total hours requirement.
603
(5) An individual with a facial hair removal permit may apply credit hours to another
604
license or permit under this chapter, as allowed in Subsection 58-11a-302(2).
605
Section 14. Section 58-11a-302.17 is enacted to read:
606
58-11a-302.17 . Practice of haircutting -- Haircutting permit -- Qualifications.
- 18 - 03-05 17:57 4th Sub. (Pumpkin) S.B. 330
607
(1) The practice of haircutting includes:
608
(a) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
609
shears, clippers, or other appliances;
610
(b) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
611
drying;
612
(c) hair fusing and extensions; and
613
(d) when providing other services described in this Subsection (1), gently massaging the
614
head, back of the neck, and shoulders by manual or mechanical means.
615
(2) An individual may not engage in the practice of haircutting unless the individual holds a
616
haircutting permit.
617
(3) An applicant for a haircutting permit shall comply with the requirements of Section
618
58-11a-302 and:
619
(a) attend a licensed or recognized school and complete a curriculum that:
620
(i) covers:
621
(A) hair safety requirements; and
622
(B) haircutting; and
623
(ii) has a minimum of 150 hours of instruction or the equivalent number of credit
624
hours; or
625
(b) complete an approved haircutting apprenticeship.
626
(4) If the applicant graduates from a recognized school with less than 150 hours of
627
instruction, the applicant may count hours practiced as a haircutting technician in a
628
jurisdiction other than Utah to satisfy the 150 total hours requirement.
629
(5) An individual with a haircutting permit may apply credit hours to another license or
630
permit under this chapter, as allowed in Subsection 58-11a-302(2).
631
Section 15. Section 58-11a-302.18 is enacted to read:
632
58-11a-302.18 . Practice of master esthetics -- Master esthetics license --
633
Qualifications.
634
(1)(a) The practice of master esthetics includes:
635
(i) body wraps, as defined by administrative rules made by the division;
636
(ii) hydrotherapy, as defined by administrative rules made by the division;
637
(iii) chemical exfoliation, as defined by administrative rules made by the division;
638
(iv) callous removal by buffing or filing;
639
(v) sanding, including microdermabrasion;
640
(vi) advanced extraction;
- 19 - 4th Sub. (Pumpkin) S.B. 330 03-05 17:57
641
(vii) dermaplaning;
642
(viii) other esthetic preparations or procedures that use:
643
(A) the hands; or
644
(B) a mechanical or electrical apparatus that is approved for use by administrative
645
rules made by the division;
646
(ix) the use of a cosmetic medical device to perform nonablative procedures,
647
including:
648
(A) laser hair removal;
649
(B) body contouring;
650
(C) anti-aging resurfacing enhancements; and
651
(D) photo rejuvenation;
652
(x) lymphatic massage by manual or other means as defined by administrative rules
653
made by the division;
654
(xi) manual hair removal;
655
(xii) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays
656
or masks, and manual extraction, including a comedone extractor;
657
(xiii) natural nail manicures and pedicures; and
658
(xiv) eyelash and eyebrow technology.
659
(b) An individual with a master esthetics license may not perform any service described
660
in Subsection (1)(a) for the treatment of medical, physical, or mental ailments.
661
(c) A procedure described in Subsection (1)(a)(ix) shall be performed pursuant to the
662
requirements described in Section 58-1-506.
663
(2) An individual may not engage in the practice of master esthetics unless the individual
664
holds a master esthetics license.
665
(3) An applicant for a master esthetics license shall comply with the requirements of
666
Section 58-11a-302 and:
667
(a) attend a licensed or recognized school and complete a curriculum that:
668
(i) covers:
669
(A) eyelash and eyebrow technology;
670
(B) cosmetic medical procedures;
671
(C) body contouring and lymphatic massage; and
672
(D) advanced skincare; and
673
(ii) has a minimum of 1,200 hours of instruction or the equivalent number of credit
674
hours; or
- 20 - 03-05 17:57 4th Sub. (Pumpkin) S.B. 330
675
(b) complete an approved master esthetics apprenticeship.
676
(4) If the applicant graduates from a recognized school with less than 1,200 hours of
677
instruction, the applicant may count hours practiced as an esthetician in a jurisdiction
678
other than Utah to satisfy the 1,200 total hours requirement.
679
(5) An individual with a master esthetics license may apply credit hours to another license
680
or permit under this chapter, as allowed in Subsection 58-11a-302(2).
681
Section 16. Section 58-11a-302.19 is enacted to read:
682
58-11a-302.19 . Practice of master hair design and master barbering -- Master
683
hair design license and master barbering license -- Qualifications.
684
(1) The practice of master hair design and practice of master barbering includes:
685
(a) styling, arranging, dressing, curling, or waving the hair of the head of an individual;
686
(b) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
687
shears, clippers, or other appliances;
688
(c) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
689
drying;
690
(d) hair fusing and extensions;
691
(e) removing hair from the face or neck of an individual by using shaving equipment;
692
(f) cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or
693
both on the human head;
694
(g) practicing hair weaving, hair fusing, or servicing previously medically implanted
695
hair;
696
(h) when providing other services described in this Subsection (1), gently massaging the
697
head, back of the neck, and shoulders by manual or mechanical means; and
698
(i) permanently waving, bleaching, tinting, coloring, relaxing, or similarly treating the
699
hair of the head of an individual.
700
(2) An individual may not engage in the practice of master hair design or master barbering
701
unless the individual holds a master hair design license or master barbering license.
702
(3) An applicant for a master hair design license or master barbering license shall comply
703
with the requirements of Section 58-11a-302 and:
704
(a) attend a licensed or recognized school and complete a curriculum that:
705
(i) covers:
706
(A) hair safety requirements;
707
(B) haircutting and barbering; and
708
(C) chemical hair services; and
- 21 - 4th Sub. (Pumpkin) S.B. 330 03-05 17:57
709
(ii) has a minimum of 1,000 hours of instruction or the equivalent number of credit
710
hours; or
711
(b) complete an approved master hair design or an approved master barbering
712
apprenticeship.
713
(4) If the applicant graduates from a recognized school with less than 1,000 hours of
714
instruction, the applicant may count hours practiced as a licensed master hair design or
715
master barber in a jurisdiction other than Utah to satisfy the 1,000 total hours
716
requirement.
717
(5) An individual with a master hair design license or master barbering license may apply
718
credit hours to another license or permit under this chapter, as allowed in Subsection
719
58-11a-302(2).
720
Section 17. Section 58-11a-302.20 is enacted to read:
721
58-11a-302.20 . Practice of nail technology -- Nail technology license --
722
Qualifications.
723
(1) The practice of nail technology includes:
724
(a) trimming, cutting, cleaning, manicuring, shaping, massaging hands to elbows and
725
feet to knees, or enhancing the appearance of the hands, feet, and nails of an
726
individual by using the nail technician's hands, mechanical or electrical preparation,
727
antiseptic, lotion, or cream;
728
(b) applying and removing sculptured or artificial nails; and
729
(c) using blades, including corn or callus planer or rasp, for smoothing, shaving, or
730
removing dead skin from the feet.
731
(2) An individual may not engage in the practice of nail technology unless the individual
732
holds a nail technology license.
733
(3) An applicant for a nail technology license shall comply with the requirements of Section
734
58-11a-302 and:
735
(a) attend a licensed or recognized school and complete a curriculum that:
736
(i) covers:
737
(A) manicures and pedicures; and
738
(B) artificial nails; and
739
(ii) has a minimum of 300 hours of instruction or the equivalent number of credit
740
hours; or
741
(b) complete an approved nail technology apprenticeship.
742
(4) If the applicant graduates from a recognized school with less than 300 hours of
- 22 - 03-05 17:57 4th Sub. (Pumpkin) S.B. 330
743
instruction, the applicant may count hours practiced as a licensed nail technician in a
744
jurisdiction other than Utah to satisfy the 300 total hours requirement.
745
(5) An individual with a nail technology license may apply credit hours to another license
746
or permit under this chapter, as allowed in Subsection 58-11a-302(2).
747
Section 18. Section 58-11a-302.21 is enacted to read:
748
58-11a-302.21 . Licensed instructor -- Qualifications.
749
(1) An applicant for licensure as an instructor shall:
750
(a) submit an application in a form prescribed by the division;
751
(b) subject to Subsection (4), pay a fee determined by the division under Section
752
63J-1-504;
753
(c) provide satisfactory documentation that the applicant is currently licensed or
754
permitted in the discipline that the applicant is seeking to instruct;
755
(d) provide satisfactory documentation that the applicant has completed six months of
756
work experience in the discipline the applicant intends to instruct and:
757
(i) an instructor training program for the discipline for which the applicant is
758
licensed, by a licensed or recognized school for a minimum of 35% of the
759
minimum hours for the license or permit the applicant intends to instruct; or
760
(ii) on-the-job instructor training for the discipline for which the applicant is licensed,
761
by a licensed or recognized school for a minimum of 35% of the minimum hours
762
for the license or permit the applicant intends to instruct; and
763
(e) meet the examination requirement established by administrative rules made by the
764
division.
765
(2) An applicant for an instructor license or permit under this chapter whose education in
766
the discipline for which a license or permit is sought was completed at a foreign school
767
may satisfy the educational requirement for licensure by demonstrating, to the
768
satisfaction of the division, the educational equivalency of the foreign school education
769
with a licensed school under this chapter.
770
(3)(a) An individual may not instruct a discipline unless the individual has an instructor
771
license that allows instruction of that discipline.
772
(b) The division shall make rules establishing which disciplines each type of instructor
773
license may instruct.
774
(4) The division may not charge a fee to an individual applying for licensure as an
775
instructor under this chapter if the individual is a licensed instructor in any other
776
discipline under this chapter.
- 23 - 4th Sub. (Pumpkin) S.B. 330 03-05 17:57
777
(5) The division may offer any required examination under this section, which is prepared
778
by a national testing organization, in languages in addition to English.
779
(6) For purposes of a national accrediting agency recognized by the United States
780
Department of Education, on-the-job instructor training described in this section is not
781
considered a program.
782
Section 19. Section 58-11a-302.22 is enacted to read:
783
58-11a-302.22 . Licensed school -- Qualifications.
784
(1) An applicant for licensure as a licensed school shall:
785
(a) submit an application in a form prescribed by the division;
786
(b) pay a fee determined by the division under Section 63J-1-504; and
787
(c) provide satisfactory documentation:
788
(i) of appropriate registration with the Division of Corporations and Commercial
789
Code;
790
(ii) of business licensure from the municipality in which the school is located;
791
(iii) that the applicant's physical facilities comply with the requirements established
792
by administrative rules made by the division; and
793
(iv) that the applicant meets the standards established by administrative rules made
794
by the division, including staff, curriculum, and accreditation requirements.
795
(2)(a) Except as provided in Subsection (2)(b), a school licensed or applying for
796
licensure under this chapter shall maintain recognition as an institution of
797
postsecondary study by meeting the following conditions:
798
(i) the school shall admit as a regular student only an individual who has earned a
799
recognized high school diploma or the equivalent of a recognized high school
800
diploma, or who is beyond the age of compulsory high school attendance as
801
prescribed by Title 53G, Chapter 6, Part 2, Compulsory Education; and
802
(ii) the school shall be licensed by name, or in the case of an applicant, shall apply for
803
licensure by name, under this chapter to offer one or more training programs
804
beyond the secondary level.
805
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
806
division shall establish administrative rules for licensure for a local education agency,
807
technical college, a degree-granting institution with a technical college mission, or
808
private school that primarily serves secondary students.
809
(c) Nothing in this section precludes a local education agency, technical college, a
810
degree-granting institution with a technical college mission, or private school from
- 24 - 03-05 17:57 4th Sub. (Pumpkin) S.B. 330
811
administering a licensed program for secondary students.
812
(3) A school licensed under this section shall accept credit hours towards graduation for
813
documented, relevant, and substantially equivalent coursework previously completed by:
814
(a) a student that completed only a portion of the student's education while attending a
815
different school or apprenticeship; or
816
(b) an individual licensed or permitted under this chapter, based on the individual's
817
schooling, apprenticeship, or experience.
818
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
819
consistent with this section, the division may make rules governing the acceptance of
820
credit hours.
821
Section 20. Section 58-11a-302.23 is enacted to read:
822
58-11a-302.23 . Practice of esthetics -- Esthetics license -- Qualifications.
823
(1) Except as provided in Subsection (3), the division may not issue an esthetics license
824
after January 1, 2026.
825
(2) An individual with an esthetics license may perform any of the following skincare
826
procedures done on the face or body for cosmetic purposes and not for the treatment of
827
medical, physical, or mental ailments:
828
(a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or
829
masks, and manual extraction, including a comedone extractor, depilatories, waxes,
830
tweezing, the application of eyelash or eyebrow extensions, natural nail manicures or
831
pedicures, or callous removal by buffing or filing;
832
(b) limited chemical exfoliation as defined by rule;
833
(c) manual hair removal;
834
(d) other esthetic preparations or procedures with the use of the hands, a high-frequency
835
or galvanic electrical apparatus, or a heat lamp;
836
(e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes or eyebrows, or
837
applying eyelash or eyebrow extensions; or
838
(f) subject to the requirements described in Section 58-1-506:
839
(i) laser hair removal;
840
(ii) anti-aging resurfacing enhancements; or
841
(iii) photo rejuvenation.
842
(3) The division shall grant an esthetics license to an individual that completes the
843
requirements described in Subsection (4) and:
844
(a) has registered an esthetics apprenticeship with the division on or before January 1,
- 25 - 4th Sub. (Pumpkin) S.B. 330 03-05 17:57
845
2026; or
846
(b) has enrolled and started an esthetics program with a licensed school on or before
847
January 1, 2026.
848
(4)(a) An individual described in Subsection (3)(a) shall complete at least 800 hours of
849
apprenticeship training that is supervised by a licensed esthetics instructor who
850
provides one-on-one supervision of the apprentice during the apprenticeship.
851
(b) An individual described in Subsection (3)(b) shall graduate from a licensed school
852
with a minimum of 600 hours or the equivalent number of credit hours.
853
(5) An individual with an esthetics license may apply credit hours to another license or
854
permit under this chapter, as allowed in Subsection 58-11a-302(2).
855
Section 21. Section 58-11a-302.24 is enacted to read:
856
58-11a-302.24 . Practice of barbering -- Barbering license -- Qualifications.
857
(1) Except as provided in Subsection (3), the division may not issue a barbering license
858
after January 1, 2026.
859
(2) An individual with a barbering license may engage in the practice of barbering, which
860
includes:
861
(a) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
862
shears, clippers, or other appliances;
863
(b) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
864
drying;
865
(c) cutting, wet styling, fitting, measuring, or forming caps for wigs and hairpieces on
866
the human head;
867
(d) removing hair from the face or neck of an individual by using shaving equipment;
868
and
869
(e) when providing other services described in this Subsection (2), gently massaging the
870
head, back of the neck, and shoulders by manual or mechanical means.
871
(3) The division shall grant a barbering license to an individual that completes the
872
requirement described in Subsection (4) and:
873
(a) has registered a barbering apprenticeship with the division on or before January 1,
874
2026; or
875
(b) has enrolled and started a barbering program with a licensed school on or before
876
January 1, 2026.
877
(4)(a) An individual described in Subsection (3)(a) shall complete at least 1,250 hours of
878
apprenticeship training that is supervised by a licensed barbering instructor who
- 26 - 03-05 17:57 4th Sub. (Pumpkin) S.B. 330
879
provides one-on-one supervision of the apprentice during the apprenticeship.
880
(b) An individual described in Subsection (3)(b) shall graduate from a licensed school
881
with a minimum of 1,000 hours or the equivalent number of credit hours.
882
(5) An individual with a barbering license may apply credit hours to another license or
883
permit under this chapter, as allowed in Subsection 58-11a-302(2).
884
Section 22. Section 58-11a-302.25 is enacted to read:
885
58-11a-302.25 . License transitions.
886
Beginning on January 1, 2026:
887
(1) a cosmetology/barbering license shall be renewed as a cosmetology license;
888
(2) a master-level esthetics license shall be renewed as a master esthetics license;
889
(3) a hair design license shall be renewed as a master hair design license or a master
890
barbering license; and
891
(4) an individual with a barbering license may renew the license as a barbering license.
892
Section 23. Section 58-11a-303 is amended to read:
893
58-11a-303 . Terms of license -- Expiration -- Renewal.
894
(1)(a) The division shall issue each license under this chapter in accordance with a
895
two-year renewal cycle established by rule, except that an instructor license is a
896
one-time certificate and does not expire unless the licensee fails to keep current the
897
license that qualified the licensee to be an instructor under Section [58-11a-302]
898
58-11a-302.21.
899
(b) The division may by rule extend or shorten a renewal period by as much as one year
900
to stagger the renewal cycles it administers.
901
(2) At the time of renewal, a licensed school shall show satisfactory evidence that the
902
school meets the standards for that type of school, including staff, curriculum, and
903
accreditation requirements, established by rule.
904
(3) Each license expires on the expiration date shown on the license unless the licensee
905
renews it in accordance with Section 58-1-308.
906
Section 24. Section 58-11a-304 is amended to read:
907
58-11a-304 . Exemptions from licensure.
908
In addition to the exemptions from licensure in Section 58-1-307, the following [persons]
909
individuals may engage in [the practice of barbering, cosmetology/barbering, hair design,
910
esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow
911
technology] a discipline regulated by this chapter without being licensed under this chapter:
912
(1) [a person ] an individual licensed under the laws of this state to engage in the practice of
- 27 - 4th Sub. (Pumpkin) S.B. 330 03-05 17:57
913
medicine, surgery, osteopathy, or chiropractic when engaged in the practice of the
914
profession for which they are licensed;
915
(2) a commissioned physician or surgeon serving in the armed forces of the United States or
916
another federal agency;
917
(3) a registered nurse, undertaker, or mortician licensed under the laws of this state when
918
engaged in the practice of the profession for which the [person] individual is licensed;
919
(4) [a person ] an individual who visits the state to engage in instructional seminars,
920
advanced classes, trade shows, or competitions of a limited duration;
921
[(5) a person who engages in the practice of barbering, cosmetology/barbering, hair design,
922
esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow
923
technology without compensation;]
924
(5) an individual who engages in a practice regulated by this chapter without compensation;
925
(6) [a person ] an individual instructing an adult education class or other educational
926
program directed toward [persons] individuals who are not licensed under this chapter
927
and that is not intended to train [persons] individuals to become licensed under this
928
chapter, provided:
929
(a) an attendee receives no credit toward educational requirements for licensure under
930
this chapter;
931
(b) the instructor informs each attendee in writing that taking such a class or program
932
will not certify or qualify the attendee to perform a service for compensation that
933
requires licensure under this chapter; and
934
(c)(i) the instructor is properly licensed; or
935
(ii) the instructor receives no compensation;
936
(7) [a person ] an individual providing instruction in workshops, seminars, training
937
meetings, or other educational programs whose purpose is to provide continuing
938
professional development [to licensed barbers, cosmetologists/barbers, hair designers,
939
estheticians, master estheticians, electrologists, or nail technicians] to a qualified licensee
940
or permittee regulated by this chapter;
941
(8) [a person ] an individual enrolled in a licensed [barber, cosmetology/barber, or hair
942
design ]school when participating in an on the job training internship under the direct
943
supervision of a [licensed barber, cosmetologist/barber, or hair designer] licensee under
944
this chapter upon completion of a basic program under the standards established by rule
945
by the division in collaboration with the board;
946
(9) [a person enrolled ] an individual registered with the division in an approved
- 28 - 03-05 17:57 4th Sub. (Pumpkin) S.B. 330
947
apprenticeship pursuant to Section 58-11a-306;
948
(10)(a) an employee of a company that is primarily engaged in the business of selling
949
products used [in the practice of barbering, cosmetology/barbering, hair design,
950
esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow
951
technology] by a qualified licensee regulated by this chapter;
952
(b) [ ]when demonstrating the company's products to a potential customer[,] ; and
953
(c) [ ]provided the employee makes no representation to a potential customer that
954
attending [such a] the demonstration will certify or qualify the attendee to perform a
955
service for compensation that requires licensure under this chapter;
956
(11) [a person ] an individual who:
957
(a) is qualified to engage in [the practice of barbering, cosmetology/barbering, hair
958
design, esthetics, master-level esthetics, electrology, nail technology, or eyelash and
959
eyebrow technology] a practice regulated by this chapter in another jurisdiction as
960
evidenced by licensure, certification, or lawful practice in the other jurisdiction;
961
(b) is employed by, or under contract with, a motion picture company; and
962
(c) engages in [the practice of barbering, cosmetology/barbering, hair design, esthetics,
963
master-level esthetics, electrology, nail technology, or eyelash and eyebrow
964
technology] a practice regulated by this chapter in the state:
965
(i) solely to assist in the production of a motion picture; and
966
(ii) for no more than 120 days per calendar year;
967
(12) [a person ] an individual who:
968
(a) engages in threading;
969
(b) engages in hair braiding; and
970
[(b)] (c) [unless it is expressly exempted under this section or Section 58-1-307, does not
971
engage in other activity requiring licensure under this chapter; and] is not engaged in
972
a practice that requires a license or permit under this chapter; and
973
(13) [a person ] an individual who:
974
(a) dries, styles, arranges, dresses, curls, hot irons, shampoos, or conditions hair;
975
(b) does not cut the hair;
976
(c) does not apply dye to alter the color of the hair;
977
(d) does not apply reactive chemicals to straighten, curl, or alter the structure of the hair;
978
(e) engages in thermal styling or scalp treatments;
979
[(e)] (f) [unless it is expressly exempted under this section or Section 58-1-307, does not
980
engage in other activity requiring licensure under this chapter] is not engaged in a
- 29 - 4th Sub. (Pumpkin) S.B. 330 03-05 17:57
981
practice that requires a license or permit under this chapter;
982
[(f)] (g) provides evidence to the division that the [person] individual has received a hair
983
safety permit from completing a hair safety program that:
984
(i) is approved by the division;
985
(ii) consists of no more than two hours of instruction;
986
(iii) is offered by a provider approved by the division; and
987
(iv) includes an examination that requires a passing score of 75%; and
988
[(g)] (h) displays in a conspicuous location in the [person's] individual's place of business:
989
(i) a valid hair safety permit as described in Subsection (13)(f); and
990
(ii) a sign notifying the public that the [person's] individual providing the services [are
991
not provided by an individual who has a license under this chapter.] is not licensed
992
under this chapter.
993
Section 25. Section 58-11a-306 is repealed and reenacted to read:
994
58-11a-306 . Apprenticeship.
995
(1)(a) An approved apprenticeship shall be conducted by a supervisor who:
996
(i) is licensed under this chapter as an instructor in the discipline of the
997
apprenticeship; and
998
(ii) provides one-on-one direct supervision of the apprentice during the
999
apprenticeship program.
1000
(b) An apprenticeship supervisor may not provide direct supervision to more than two
1001
apprentices during the apprentice program.
1002
(2) An individual seeking a license or permit through an approved apprenticeship under this
1003
chapter shall:
1004
(a) register with the division before beginning the training requirements by:
1005
(i) submitting a form prescribed by the division, which includes the name of the
1006
licensed instructor supervisor; and
1007
(ii) paying a fee determined by the division under Section 63J-1-504;
1008
(b) complete the apprenticeship within two years of the date on which the division
1009
approves the registration; and
1010
(c) notify the division within 30 days if the licensed instructor supervisor changes after
1011
the registration is approved by the division.
1012
(3) An individual seeking a license or permit through an approved apprenticeship under this
1013
chapter shall complete a minimum of:
1014
(a) 1,250 apprenticeship hours for a cosmetology license;
- 30 - 03-05 17:57 4th Sub. (Pumpkin) S.B. 330
1015
(b) 1,200 apprenticeship hours for a master esthetics license;
1016
(c) 1,000 apprenticeship hours for:
1017
(i) a master barber license; or
1018
(ii) a master hair design license;
1019
(d) 600 apprenticeship hours for an electrology license;
1020
(e) 300 apprenticeship hours for a nail technology license;
1021
(f) 270 apprenticeship hours for an eyelash and eyebrow technology license;
1022
(g) 260 apprenticeship hours for a chemical hair services permit;
1023
(h) 200 apprenticeship hours for a basic esthetics permit;
1024
(i) 150 apprenticeship hours for a haircutting permit;
1025
(j) 130 apprenticeship hours for a barbering permit; or
1026
(k) 50 apprenticeship hours for a facial hair removal permit.
1027
Section 26. Section 58-11a-501 is repealed and reenacted to read:
1028
58-11a-501 . Unprofessional conduct.
1029
Unprofessional conduct includes:
1030
(1) a licensed school that fails to:
1031
(a)(i) obtain or maintain accreditation or comply with the required standard of
1032
accreditation; and
1033
(ii) have curriculum approved by the division, as required by administrative rules
1034
made by the division; or
1035
(b) provide adequate instruction to enrolled students;
1036
(2) an apprentice supervisor that fails to:
1037
(a) provide direct supervision to an apprentice; or
1038
(b) comply with division rules relating to apprenticeship programs under this chapter;
1039
(3) an instructor that fails to provide direct supervision to students who are providing
1040
services to an individual under the instructor's supervision;
1041
(4) a person that keeps a salon or school, or the salon or school's furnishings, tools, utensils,
1042
linen, or appliances in an unsanitary condition;
1043
(5) an individual licensed or permitted under this chapter that fails to:
1044
(a) comply with Title 26B, Utah Health and Human Services Code;
1045
(b) display a license or permit as required under Section 58-11a-305;
1046
(c) comply with physical facility requirements established by administrative rules made
1047
by the division;
1048
(d) maintain mechanical or electrical equipment in safe operating condition;
- 31 - 4th Sub. (Pumpkin) S.B. 330 03-05 17:57
1049
(e) adequately monitor patrons using steam rooms, dry heat rooms, baths, showers, or
1050
saunas;
1051
(f) comply with all applicable state and local health or sanitation laws; or
1052
(g) comply with a judgment order from a court of competent jurisdiction regarding a
1053
disagreement over tuition or education costs in relation to the requirements outlined
1054
in this chapter;
1055
(6) an individual licensed or permitted under this chapter:
1056
(a) prescribing or administering prescription drugs;
1057
(b) engaging in any act or practice in a professional capacity that is outside of the
1058
applicable scope of practice;
1059
(c) engaging in any act or practice in a professional capacity that the individual is not
1060
competent to perform through education or training; or
1061
(d) removing proximal nail fold by e-file or other tool or inserting tools beneath the
1062
eponychium;
1063
(7) unless the individual is under the supervision of a licensed health care practitioner
1064
acting within the scope of the health care practitioner's license, an individual licensed or
1065
permitted under this chapter, while using a chemical exfoliant:
1066
(a) using any acid, concentration of acid, or combination of treatments that violate the
1067
standards established by administrative rules made by the division;
1068
(b) removing any layer of skin deeper than the stratum corneum of the epidermis; or
1069
(c) using an exfoliant that contains phenol, trichloroacetic acid of over 15%, or
1070
bicinchoninic acid;
1071
(8) while sanding the skin, an individual licensed or permitted under this chapter, removing
1072
any layer of skin deeper than the stratum corneum of the epidermis, unless the individual
1073
is under the supervision of a licensed health care practitioner acting within the scope of
1074
the health care practitioner's license;
1075
(9) using any laser procedure or intense, pulsed light source, besides a nonprescriptive laser
1076
device, unless authorized to do so by an individual's license or permit in this chapter;
1077
(10) marketing or distinguishing an establishment as a school if the establishment is not
1078
licensed as a school under this chapter; and
1079
(11) claiming or advertising unrealistic results for body contouring, including alleviation of
1080
psychological distress.
1081
Section 27. Section 58-11a-503 is amended to read:
1082
58-11a-503 . Penalties.
- 32 - 03-05 17:57 4th Sub. (Pumpkin) S.B. 330
1083
(1) Unless Subsection (2) applies, an individual who commits an act of unlawful conduct
1084
under Section 58-11a-502 or who fails to comply with a citation issued under this
1085
section after [it] the citation is final is guilty of a class A misdemeanor.
1086
(2) Sexual conduct that violates Section 58-11a-502 and Title 76, Utah Criminal Code, shall
1087
be subject to the applicable penalties in Title 76, Utah Criminal Code.
1088
(3) Grounds for immediate suspension of [a licensee's] an individual's license or permit by
1089
the division include the issuance of a citation for violation of Subsection 58-11a-502(1),
1090
(3), (4), (5), or (6).
1091
(4)[(a)] If upon inspection or investigation, the division concludes that [a person] an
1092
individual has violated the provisions of Subsection 58-11a-502(1), (3), (4), (5), or (6),
1093
or a rule or order issued with respect to Subsection 58-11a-502(1), (3), (4), (5), or (6),
1094
and that disciplinary action is appropriate, the director or the director's designee from
1095
within the division shall promptly issue a citation to [the person] the individual
1096
according to this chapter and any pertinent rules, attempt to negotiate a stipulated
1097
settlement, or notify the [person] individual to appear before an adjudicative
1098
proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
1099
[(i)] (5) [A person who] An individual that is in violation of Subsection 58-11a-502(1), (3),
1100
(4), (5), or (6), as evidenced by an uncontested citation, a stipulated settlement, or [by a ]
1101
finding of violation in an adjudicative proceeding, may be assessed a fine [pursuant to] in
1102
accordance with this Subsection [(4)] (5) and may, in addition to or in lieu of a fine, be
1103
ordered to cease and desist from violating Subsection 58-11a-502(1), (3), (4), (5), or (6).
1104
[(ii)] (6) Except for a cease and desist order, the licensure sanctions [cited] described in
1105
Section 58-11a-401 may not be assessed through a citation.
1106
(7)[(b)] (a)[(i)] Each citation shall be in writing and describe with particularity the
1107
nature of the violation, including a reference to the provision of the chapter, rule,
1108
or order alleged to have been violated.
1109
[(ii)] (b) The citation shall clearly state that the recipient must notify the division in
1110
writing within 20 calendar days of service of the citation if the recipient wishes to
1111
contest the citation at a hearing conducted under Title 63G, Chapter 4,
1112
Administrative Procedures Act.
1113
[(iii)] (c) The citation shall clearly explain the consequences of failure to timely contest
1114
the citation or to make payment of a fine assessed by the citation within the time
1115
specified in the citation.
1116
[(c)] (d) Each citation issued under this section, or a copy of each citation, may be served
- 33 - 4th Sub. (Pumpkin) S.B. 330 03-05 17:57
1117
upon [a person] an individual upon whom a summons may be served in accordance
1118
with the Utah Rules of Civil Procedure and may be made personally or upon the [
1119
person's] individual's agent by a division investigator or by [a person] an individual
1120
specially designated by the director or by mail.
1121
[(d)] (e)(i) If within 20 calendar days from the service of a citation, the [person to
1122
whom] individual to which the citation was issued fails to request a hearing to
1123
contest the citation, the citation becomes the final order of the division and is not
1124
subject to further agency review.
1125
(ii) The period to contest a citation may be extended by the division for cause.
1126
[(e)] (f) The division may refuse to issue or renew, suspend, revoke, or place on
1127
probation the [license of a licensee who] license or permit of an individual that fails to
1128
comply with a citation after [it] the citation becomes final.
1129
[(f)] (g) The failure of an applicant for licensure to comply with a citation after [it] the
1130
citation becomes final is a ground for denial of license.
1131
[(g)] (h) [No citation may be issued ] The director or the director's designee from within
1132
the division may not issue a citation under this section [after the expiration of] more
1133
than one year [following] after the date on which the violation that is the subject of
1134
the citation is reported to the division.
1135
[(h)] (i) [Fines shall be assessed by the director or the director's designee according to the
1136
following:] The director or the director's designee shall assess fines as follows:
1137
(i) for a first offense under Subsection [(4)(a)] (4), a fine of up to $1,000;
1138
(ii) for a second offense under Subsection [(4)(a)] (4), a fine of up to $2,000; and
1139
(iii) for any subsequent offense under Subsection [(4)(a)] (4), a fine of up to $2,000
1140
for each day of continued offense.
1141
[(i)] (j)[(i)] For purposes of issuing a final order under this section and assessing a
1142
fine under Subsection [(4)(h)] (7)(i), an offense constitutes a second or subsequent
1143
offense if:
1144
[(A)] (i) the division previously issued a final order determining that [a person] an
1145
individual committed a first or second offense in violation of Subsection
1146
58-11a-502(1), (3), (4), (5), or (6); or
1147
[(B)] (ii)[(I)] (A) the division initiated an action for a first or second offense;
1148
[(II)] (B) no final order has been issued by the division in the action initiated under
1149
Subsection [(4)(i)(i)(B)(I)] (7)(j)(ii)(A);
1150
[(III)] (C) the division determines during an investigation that occurred after the
- 34 - 03-05 17:57 4th Sub. (Pumpkin) S.B. 330
1151
initiation of the action under Subsection [(4)(i)(i)(B)(I)] (7)(j)(ii)(A) that the [
1152
person] individual committed a second or subsequent violation of Subsection
1153
58-11a-502(1), (3), (4), (5), or (6); and
1154
[(IV)] (D) after determining that the [person] individual committed a second or
1155
subsequent offense under Subsection [(4)(i)(i)(B)(III)] (7)(j)(ii)(C), the division
1156
issues a final order on the action initiated under Subsection [(4)(i)(i)(B)(I)]
1157
(7)(j)(ii)(A).
1158
[(ii)] (k) In issuing a final order for a second or subsequent offense under Subsection [
1159
(4)(i)(i)] (7)(j), the division shall comply with the requirements of this section.
1160
[(5)] (8)(a) A penalty imposed by the director under Subsection [(4)(h)] (7)(i) shall be
1161
deposited into the [Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail
1162
Technician Education and Enforcement Fund] Cosmetology and Associated
1163
Professions Education and Enforcement Fund.
1164
(b) [A penalty which is not paid may be collected by the director by either:] The director
1165
may collect an unpaid penalty by:
1166
(i) referring the matter to a collection agency; or
1167
(ii) bringing an action in the district court of the county in which the [person]
1168
individual against whom the penalty is imposed resides or in the county where the
1169
office of the director is located.
1170
(c) A county attorney or the attorney general of the state shall provide legal assistance
1171
and advice to the director in an action to collect a penalty.
1172
(d) A court shall award reasonable attorney fees and costs to the prevailing party in an
1173
action brought by the division to collect a penalty.
1174
Section 28. Section 58-67-102 is amended to read:
1175
58-67-102 . Definitions.
1176
In addition to the definitions in Section 58-1-102, as used in this chapter:
1177
(1)(a) "Ablative procedure" means a procedure that is expected to excise, vaporize,
1178
disintegrate, or remove living tissue, including the use of carbon dioxide lasers and
1179
erbium: YAG lasers.
1180
(b) "Ablative procedure" does not include:[ ]
1181
(i) hair removal;
1182
(ii) laser tattoo removal; or[ ]
1183
(iii) cryolipolysis.
1184
(2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
- 35 - 4th Sub. (Pumpkin) S.B. 330 03-05 17:57
1185
American Medical Association.
1186
(3) "Administrative penalty" means a monetary fine or citation imposed by the division for
1187
acts or omissions determined to constitute unprofessional or unlawful conduct, in
1188
accordance with a fine schedule established by the division in collaboration with the
1189
board, as a result of an adjudicative proceeding conducted in accordance with Title 63G,
1190
Chapter 4, Administrative Procedures Act.
1191
(4) "Associate physician" means an individual licensed under Section 58-67-302.8.
1192
(5) "Attempted sex change" means an attempt or effort to change an individual's body to
1193
present that individual as being of a sex or gender that is different from the individual's
1194
biological sex at birth.
1195
(6) "Biological sex at birth" means an individual's sex, as being male or female, according
1196
to distinct reproductive roles as manifested by:
1197
(a) sex and reproductive organ anatomy;
1198
(b) chromosomal makeup; and
1199
(c) endogenous hormone profiles.
1200
(7) "Board" means the Medical Licensing Board created in Section 58-67-201.
1201
(8) "Collaborating physician" means an individual licensed under Section 58-67-302 who
1202
enters into a collaborative practice arrangement with an associate physician.
1203
(9) "Collaborative practice arrangement" means the arrangement described in Section
1204
58-67-807.
1205
(10)(a) "Cosmetic medical device" means tissue altering energy based devices that have
1206
the potential for altering living tissue and that are used to perform ablative or
1207
nonablative procedures, such as American National Standards Institute [(ANSI) ]
1208
designated Class IIIb and Class IV lasers, intense pulsed light, radio frequency
1209
devices, and lipolytic devices, and excludes [ANSI] American National Standards
1210
Institute designated Class IIIa and lower powered devices.
1211
(b) Notwithstanding Subsection (10)(a), if an [ANSI] American National Standards
1212
Institute designated Class IIIa and lower powered device is being used to perform an
1213
ablative procedure, the device is included in the definition of cosmetic medical
1214
device under Subsection (10)(a).
1215
(11)(a) "Cosmetic medical procedure" includes:
1216
(i) the use of cosmetic medical devices to perform ablative or nonablative
1217
procedures; or
1218
(ii) the injection of medication or substance, including a neurotoxin or a filler, for
- 36 - 03-05 17:57 4th Sub. (Pumpkin) S.B. 330
1219
cosmetic purposes.
1220
(b) "Cosmetic medical procedure" does not include a treatment of the ocular globe
1221
including refractive surgery.
1222
(12) "Diagnose" means:
1223
(a) to examine in any manner another person, parts of a person's body, substances,
1224
fluids, or materials excreted, taken, or removed from a person's body, or produced by
1225
a person's body, to determine the source, nature, kind, or extent of a disease or other
1226
physical or mental condition;
1227
(b) to attempt to conduct an examination or determination described under Subsection
1228
(12)(a);
1229
(c) to hold oneself out as making or to represent that one is making an examination or
1230
determination as described in Subsection (12)(a); or
1231
(d) to make an examination or determination as described in Subsection (12)(a) upon or
1232
from information supplied directly or indirectly by another person, whether or not in
1233
the presence of the person making or attempting the diagnosis or examination.
1234
(13) "LCME" means the Liaison Committee on Medical Education of the American
1235
Medical Association.
1236
(14) "Medical assistant" means an unlicensed individual who may perform tasks as
1237
described in Subsection 58-67-305(6).
1238
(15) "Medically underserved area" means a geographic area in which there is a shortage of
1239
primary care health services for residents, as determined by the Department of Health
1240
and Human Services.
1241
(16) "Medically underserved population" means a specified group of people living in a
1242
defined geographic area with a shortage of primary care health services, as determined
1243
by the Department of Health and Human Services.
1244
(17)(a)(i) "Nonablative procedure" means a procedure that is expected or intended to
1245
alter living tissue, but is not intended or expected to excise, vaporize, disintegrate,
1246
or remove living tissue.
1247
(ii) Notwithstanding Subsection (17)(a)(i) nonablative procedure includes hair
1248
removal.
1249
(b) "Nonablative procedure" does not include:
1250
(i) a superficial procedure as defined in Section 58-1-102;
1251
(ii) the application of permanent make-up;
1252
(iii) laser tattoo removal; or
- 37 - 4th Sub. (Pumpkin) S.B. 330 03-05 17:57
1253
[(iii)] (iv) the use of photo therapy and lasers for neuromusculoskeletal treatments that
1254
are performed by an individual licensed under this title who is acting within the
1255
individual's scope of practice.
1256
(18) "Physician" means both physicians and surgeons licensed under [Section 58-67-301,
1257
Utah Medical Practice Act] Part 3, Licensing, and osteopathic physicians and surgeons
1258
licensed under [Section 58-68-301, Utah Osteopathic Medical Practice Act] Chapter 68,
1259
Part 3, Licensing.
1260
(19)(a) "Practice of medicine" means:
1261
(i) to diagnose, treat, correct, administer anesthesia, or prescribe for any human
1262
disease, ailment, injury, infirmity, deformity, pain or other condition, physical or
1263
mental, real or imaginary, including to perform cosmetic medical procedures, or to
1264
attempt to do so, by any means or instrumentality, and by an individual in Utah or
1265
outside the state upon or for any human within the state;
1266
(ii) when a person not licensed as a physician directs a licensee under this chapter to
1267
withhold or alter the health care services that the licensee has ordered;
1268
(iii) to maintain an office or place of business for the purpose of doing any of the acts
1269
described in Subsection (19)(a)(i) or (ii) whether or not for compensation; or
1270
(iv) to use, in the conduct of any occupation or profession pertaining to the diagnosis
1271
or treatment of human diseases or conditions in any printed material, stationery,
1272
letterhead, envelopes, signs, or advertisements, the designation "doctor," "doctor
1273
of medicine," "physician," "surgeon," "physician and surgeon," "Dr.," "M.D.," or
1274
any combination of these designations in any manner which might cause a
1275
reasonable person to believe the individual using the designation is a licensed
1276
physician and surgeon, and if the party using the designation is not a licensed
1277
physician and surgeon, the designation must additionally contain the description
1278
of the branch of the healing arts for which the person has a license, provided that
1279
an individual who has received an earned degree of doctor of medicine degree but
1280
is not a licensed physician and surgeon in Utah may use the designation "M.D." if
1281
it is followed by "Not Licensed" or "Not Licensed in Utah" in the same size and
1282
style of lettering.
1283
(b) The practice of medicine does not include:
1284
(i) except for an ablative medical procedure as provided in Subsection (19)(b)(ii) the
1285
conduct described in Subsection (19)(a)(i) that is performed in accordance with a
1286
license issued under another chapter of this title;
- 38 - 03-05 17:57 4th Sub. (Pumpkin) S.B. 330
1287
(ii) an ablative cosmetic medical procedure if the scope of practice for the person
1288
performing the ablative cosmetic medical procedure includes the authority to
1289
operate or perform a surgical procedure; or
1290
(iii) conduct under Subsection 58-67-501(2).
1291
(20) "Prescription device" means an instrument, apparatus, implement, machine,
1292
contrivance, implant, in vitro reagent, or other similar or related article, and any
1293
component part or accessory, which is required under federal or state law to be
1294
prescribed by a practitioner and dispensed by or through a person or entity licensed
1295
under this chapter or exempt from licensure under this chapter.
1296
(21) "Prescription drug" means a drug that is required by federal or state law or rule to be
1297
dispensed only by prescription or is restricted to administration only by practitioners.
1298
(22)(a) "Primary sex characteristic surgical procedure" means any of the following if
1299
done for the purpose of effectuating or facilitating an individual's attempted sex
1300
change:
1301
(i) for an individual whose biological sex at birth is male, castration, orchiectomy,
1302
penectomy, vaginoplasty, or vulvoplasty;
1303
(ii) for an individual whose biological sex at birth is female, hysterectomy,
1304
oophorectomy, metoidioplasty, or phalloplasty; or
1305
(iii) any surgical procedure that is related to or necessary for a procedure described in
1306
Subsection (22)(a)(i) or (ii), that would result in the sterilization of an individual
1307
who is not sterile.
1308
(b) "Primary sex characteristic surgical procedure" does not include:
1309
(i) surgery or other procedures or treatments performed on an individual who:
1310
(A) is born with external biological sex characteristics that are irresolvably
1311
ambiguous;
1312
(B) is born with 46, XX chromosomes with virilization;
1313
(C) is born with 46, XY chromosomes with undervirilization;
1314
(D) has both ovarian and testicular tissue; or
1315
(E) has been diagnosed by a physician, based on genetic or biochemical testing,
1316
with a sex development disorder characterized by abnormal sex chromosome
1317
structure, sex steroid hormone production, or sex steroid hormone action for a
1318
male or female; or
1319
(ii) removing a body part:
1320
(A) because the body part is cancerous or diseased; or
- 39 - 4th Sub. (Pumpkin) S.B. 330 03-05 17:57
1321
(B) for a reason that is medically necessary, other than to effectuate or facilitate an
1322
individual's attempted sex change.
1323
(23)(a) "Secondary sex characteristic surgical procedure" means any of the following if
1324
done for the purpose of effectuating or facilitating an individual's attempted sex
1325
change:
1326
(i) for an individual whose biological sex at birth is male, breast augmentation
1327
surgery, chest feminization surgery, or facial feminization surgery; or
1328
(ii) for an individual whose biological sex at birth is female, mastectomy, breast
1329
reduction surgery, chest masculinization surgery, or facial masculinization surgery.
1330
(b) "Secondary sex characteristic surgical procedure" does not include:
1331
(i) surgery or other procedures or treatments performed on an individual who:
1332
(A) is born with external biological sex characteristics that are irresolvably
1333
ambiguous;
1334
(B) is born with 46, XX chromosomes with virilization;
1335
(C) is born with 46, XY chromosomes with undervirilization;
1336
(D) has both ovarian and testicular tissue; or
1337
(E) has been diagnosed by a physician, based on genetic or biochemical testing,
1338
with a sex development disorder characterized by abnormal sex chromosome
1339
structure, sex steroid hormone production, or sex steroid hormone action for a
1340
male or female; or
1341
(ii) removing a body part:
1342
(A) because the body part is cancerous or diseased; or
1343
(B) for a reason that is medically necessary, other than to effectuate or facilitate an
1344
individual's attempted sex change.
1345
(24) "SPEX" means the Special Purpose Examination of the Federation of State Medical
1346
Boards.
1347
(25) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
1348
58-67-501.
1349
(26) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
1350
and 58-67-502, and as may be further defined by division rule.
1351
Section 29. Section 58-68-102 is amended to read:
1352
58-68-102 . Definitions.
1353
In addition to the definitions in Section 58-1-102, as used in this chapter:
1354
(1)(a) "Ablative procedure" means a procedure that is expected to excise, vaporize,
- 40 - 03-05 17:57 4th Sub. (Pumpkin) S.B. 330
1355
disintegrate, or remove living tissue, including the use of carbon dioxide lasers and
1356
erbium: YAG lasers.
1357
(b) "Ablative procedure" does not include:[ ]
1358
(i) hair removal[.] ; or
1359
(ii) laser tattoo removal.
1360
(2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
1361
American Medical Association.
1362
(3) "Administrative penalty" means a monetary fine imposed by the division for acts or
1363
omissions determined to constitute unprofessional or unlawful conduct, as a result of an
1364
adjudicative proceeding conducted in accordance with Title 63G, Chapter 4,
1365
Administrative Procedures Act.
1366
(4) "AOA" means the American Osteopathic Association.
1367
(5) "Associate physician" means an individual licensed under Section 58-68-302.5.
1368
(6) "Attempted sex change" means an attempt or effort to change an individual's body to
1369
present that individual as being of a sex or gender that is different from the individual's
1370
biological sex at birth.
1371
(7) "Biological sex at birth" means an individual's sex, as being male or female, according
1372
to distinct reproductive roles as manifested by:
1373
(a) sex and reproductive organ anatomy;
1374
(b) chromosomal makeup; and
1375
(c) endogenous hormone profiles.
1376
(8) "Board" means the Medical Licensing Board created in Section 58-67-201.
1377
(9) "Collaborating physician" means an individual licensed under Section 58-68-302 who
1378
enters into a collaborative practice arrangement with an associate physician.
1379
(10) "Collaborative practice arrangement" means the arrangement described in Section
1380
58-68-807.
1381
(11)(a) "Cosmetic medical device" means tissue altering energy based devices that have
1382
the potential for altering living tissue and that are used to perform ablative or
1383
nonablative procedures, such as American National Standards Institute [(ANSI) ]
1384
designated Class IIIb and Class IV lasers, intense pulsed light, radio frequency
1385
devices, and lipolytic devices and excludes [ANSI] American National Standards
1386
Institute designated Class IIIa and lower powered devices.
1387
(b) Notwithstanding Subsection (11)(a), if an [ANSI] American National Standards
1388
Institute designated Class IIIa and lower powered device is being used to perform an
- 41 - 4th Sub. (Pumpkin) S.B. 330 03-05 17:57
1389
ablative procedure, the device is included in the definition of cosmetic medical
1390
device under Subsection (11)(a).
1391
(12) "Cosmetic medical procedure":
1392
(a) includes the use of cosmetic medical devices to perform ablative or nonablative
1393
procedures; and
1394
(b) does not include a treatment of the ocular globe such as refractive surgery.
1395
(13) "Diagnose" means:
1396
(a) to examine in any manner another person, parts of a person's body, substances,
1397
fluids, or materials excreted, taken, or removed from a person's body, or produced by
1398
a person's body, to determine the source, nature, kind, or extent of a disease or other
1399
physical or mental condition;
1400
(b) to attempt to conduct an examination or determination described under Subsection
1401
(13)(a);
1402
(c) to hold oneself out as making or to represent that one is making an examination or
1403
determination as described in Subsection (13)(a); or
1404
(d) to make an examination or determination as described in Subsection (13)(a) upon or
1405
from information supplied directly or indirectly by another person, whether or not in
1406
the presence of the person making or attempting the diagnosis or examination.
1407
(14) "Medical assistant" means an unlicensed individual who may perform tasks as
1408
described in Subsection 58-68-305(6).
1409
(15) "Medically underserved area" means a geographic area in which there is a shortage of
1410
primary care health services for residents, as determined by the Department of Health
1411
and Human Services.
1412
(16) "Medically underserved population" means a specified group of people living in a
1413
defined geographic area with a shortage of primary care health services, as determined
1414
by the Department of Health and Human Services.
1415
(17)(a)(i) "Nonablative procedure" means a procedure that is expected or intended to
1416
alter living tissue, but is not expected or intended to excise, vaporize, disintegrate,
1417
or remove living tissue.
1418
(ii) Notwithstanding Subsection (17)(a)(i), nonablative procedure includes hair
1419
removal.
1420
(b) "Nonablative procedure" does not include:
1421
(i) a superficial procedure as defined in Section 58-1-102;
1422
(ii) the application of permanent make-up;
- 42 - 03-05 17:57 4th Sub. (Pumpkin) S.B. 330
1423
(iii) laser tattoo removal; or
1424
[(iii)] (iv) the use of photo therapy lasers for neuromusculoskeletal treatments that are
1425
performed by an individual licensed under this title who is acting within the
1426
individual's scope of practice.
1427
(18) "Physician" means both physicians and surgeons licensed under [Section 58-67-301,
1428
Utah Medical Practice Act] Part 3, Licensing, and osteopathic physicians and surgeons
1429
licensed under [Section 58-68-301, Utah Osteopathic Medical Practice Act] Chapter 68,
1430
Part 3, Licensing.
1431
(19)(a) "Practice of osteopathic medicine" means:
1432
(i) to diagnose, treat, correct, administer anesthesia, or prescribe for any human
1433
disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or
1434
mental, real or imaginary, or to attempt to do so, by any means or instrumentality,
1435
which in whole or in part is based upon emphasis of the importance of the
1436
musculoskeletal system and manipulative therapy in the maintenance and
1437
restoration of health, by an individual in Utah or outside of the state upon or for
1438
any human within the state;
1439
(ii) when a person not licensed as a physician directs a licensee under this chapter to
1440
withhold or alter the health care services that the licensee has ordered;
1441
(iii) to maintain an office or place of business for the purpose of doing any of the acts
1442
described in Subsection (19)(a)(i) or (ii) whether or not for compensation; or
1443
(iv) to use, in the conduct of any occupation or profession pertaining to the diagnosis
1444
or treatment of human diseases or conditions, in any printed material, stationery,
1445
letterhead, envelopes, signs, or advertisements, the designation "doctor," "doctor
1446
of osteopathic medicine," "osteopathic physician," "osteopathic surgeon,"
1447
"osteopathic physician and surgeon," "Dr.," "D.O.," or any combination of these
1448
designations in any manner which might cause a reasonable person to believe the
1449
individual using the designation is a licensed osteopathic physician, and if the
1450
party using the designation is not a licensed osteopathic physician, the designation
1451
must additionally contain the description of the branch of the healing arts for
1452
which the person has a license, provided that an individual who has received an
1453
earned degree of doctor of osteopathic medicine but is not a licensed osteopathic
1454
physician and surgeon in Utah may use the designation "D.O." if it is followed by
1455
"Not Licensed" or "Not Licensed in Utah" in the same size and style of lettering.
1456
(b) The practice of osteopathic medicine does not include:
- 43 - 4th Sub. (Pumpkin) S.B. 330 03-05 17:57
1457
(i) except for an ablative medical procedure as provided in Subsection (19)(b)(ii), the
1458
conduct described in Subsection (19)(a)(i) that is performed in accordance with a
1459
license issued under another chapter of this title;
1460
(ii) an ablative cosmetic medical procedure if the scope of practice for the person
1461
performing the ablative cosmetic medical procedure includes the authority to
1462
operate or perform a surgical procedure; or
1463
(iii) conduct under Subsection 58-68-501(2).
1464
(20) "Prescription device" means an instrument, apparatus, implement, machine,
1465
contrivance, implant, in vitro reagent, or other similar or related article, and any
1466
component part or accessory, which is required under federal or state law to be
1467
prescribed by a practitioner and dispensed by or through a person or entity licensed
1468
under this chapter or exempt from licensure under this chapter.
1469
(21) "Prescription drug" means a drug that is required by federal or state law or rule to be
1470
dispensed only by prescription or is restricted to administration only by practitioners.
1471
(22)(a) "Primary sex characteristic surgical procedure" means any of the following if
1472
done for the purpose of effectuating or facilitating an individual's attempted sex
1473
change:
1474
(i) for an individual whose biological sex at birth is male, castration, orchiectomy,
1475
penectomy, vaginoplasty, or vulvoplasty;
1476
(ii) for an individual whose biological sex at birth is female, hysterectomy,
1477
oophorectomy, metoidioplasty, or phalloplasty; or
1478
(iii) any surgical procedure that is related to or necessary for a procedure described in
1479
Subsection (22)(a)(i) or (ii), that would result in the sterilization of an individual
1480
who is not sterile.
1481
(b) "Primary sex characteristic surgical procedure" does not include:
1482
(i) surgery or other procedures or treatments performed on an individual who:
1483
(A) is born with external biological sex characteristics that are irresolvably
1484
ambiguous;
1485
(B) is born with 46, XX chromosomes with virilization;
1486
(C) is born with 46, XY chromosomes with undervirilization;
1487
(D) has both ovarian and testicular tissue; or
1488
(E) has been diagnosed by a physician, based on genetic or biochemical testing,
1489
with a sex development disorder characterized by abnormal sex chromosome
1490
structure, sex steroid hormone production, or sex steroid hormone action for a
- 44 - 03-05 17:57 4th Sub. (Pumpkin) S.B. 330
1491
male or female; or
1492
(ii) removing a body part:
1493
(A) because the body part is cancerous or diseased; or
1494
(B) for a reason that is medically necessary, other than to effectuate or facilitate an
1495
individual's attempted sex change.
1496
(23)(a) "Secondary sex characteristic surgical procedure" means any of the following if
1497
done for the purpose of effectuating or facilitating an individual's attempted sex
1498
change:
1499
(i) for an individual whose biological sex at birth is male, breast augmentation
1500
surgery, chest feminization surgery, or facial feminization surgery; or
1501
(ii) for an individual whose biological sex at birth is female, mastectomy, breast
1502
reduction surgery, chest masculinization surgery, or facial masculinization surgery.
1503
(b) "Secondary sex characteristic surgical procedure" does not include:
1504
(i) surgery or other procedures or treatments performed on an individual who:
1505
(A) is born with external biological sex characteristics that are irresolvably
1506
ambiguous;
1507
(B) is born with 46, XX chromosomes with virilization;
1508
(C) is born with 46, XY chromosomes with undervirilization;
1509
(D) has both ovarian and testicular tissue; or
1510
(E) has been diagnosed by a physician, based on genetic or biochemical testing,
1511
with a sex development disorder characterized by abnormal sex chromosome
1512
structure, sex steroid hormone production, or sex steroid hormone action for a
1513
male or female; or
1514
(ii) removing a body part:
1515
(A) because the body part is cancerous or diseased; or
1516
(B) for a reason that is medically necessary, other than to effectuate or facilitate an
1517
individual's attempted sex change.
1518
(24) "SPEX" means the Special Purpose Examination of the Federation of State Medical
1519
Boards.
1520
(25) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
1521
58-68-501.
1522
(26) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
1523
and 58-68-502 and as may be further defined by division rule.
1524
Section 30. Effective Date.
- 45 - 4th Sub. (Pumpkin) S.B. 330 03-05 17:57
1525
This bill takes effect on January 1, 2026.
- 46 -