Utah Senate Bill SB0330 Amended / Bill

                    03-07 21:23	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	03-07 21:23
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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
345 
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
382 
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
386 
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] 
389 
the investigation of the complaint may be disqualified from participating with the board
390 
when the board serves as a presiding officer in an adjudicative proceeding concerning
391 
the complaint.
392 
Section 5.  Section 58-11a-301 is repealed and reenacted to read:
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58-11a-301 . Licensure or permit required.
394 
(1) Subject to Subsection (2), a person must be licensed or permitted as required under this
395 
chapter to practice a discipline regulated by this chapter.
396 
(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:
399 
(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:
404 
(a)(i) submit an application in a form prescribed by the division; and
405 
(ii) pay a fee determined by the division in compliance with Section 63J-1-504;
406 
(b) provide satisfactory documentation of completion of required minimum service
407 
counts, certified by the applicant's school, or, if under an apprenticeship, the
408 
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
413 
an existing license or permit that an applicant may credit towards the hours required
414 
for an additional permit or license.
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(b) An individual that holds a cosmetology license may count 600 hours as a
416 
cosmetologist to satisfy the 1,200 total hours requirement for a master esthetics
417 
license.
418 
Section 7.  Section 58-11a-302.10 is enacted to read:
419 
58-11a-302.10 . Practice of barbering -- Barbering permit -- Qualifications.
420 
(1) The practice of barbering includes:
421 
(a) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
422 
shears, clippers, or other appliances;
423 
(b) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
424 
drying;
425 
(c) cutting, wet styling, fitting, measuring, or forming caps for wigs and hairpieces on
426 
the human head;
427 
(d) removing hair from the face or neck of an individual by using shaving equipment,
428 
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	03-07 21:23
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 - 03-07 21:23	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	03-07 21:23
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 - 03-07 21:23	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	03-07 21:23
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 - 03-07 21:23	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)  Ĥ→ limited  ←Ĥ chemical exfoliation Ĥ→  and chemical exfoliation ←Ĥ , as defined
637a 
by administrative rules made by the division;
638 
(iv) callous removal by buffing or filing;
639 
(v) sanding, including microdermabrasion;
- 19 - 4th Sub. (Pumpkin) S.B. 330	03-07 21:23
640 
(vi) advanced extraction;
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)  Ĥ→ An individual with a master esthetics license may perform:
661a 
(i) [A] a ←Ĥ  procedure described in Subsection Ĥ→ s ←Ĥ  (1)(a)(ix) Ĥ→ (A)
661b 
through (D) ←Ĥ   Ĥ→ [shall be performed ] ←Ĥ pursuant to the
662 
requirements described in Section 58-1-506 Ĥ→ [.] ; and
662a 
(ii) chemical exfoliation pursuant to the supervision requirements established by
662b 
administrative rules made by the division in accordance with Title 63G, Chapter 3,
662c 
Utah Administrative Rulemaking Act.
662d 
(d) Except as required in Subsection (1)(c), a procedure described in this section that
662e 
is performed by an individual with a master esthetics license may be performed
662f 
without supervision by a medical professional. ←Ĥ 
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
- 20 - 03-07 21:23	4th Sub. (Pumpkin) S.B. 330
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
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.
- 21 - 4th Sub. (Pumpkin) S.B. 330	03-07 21:23
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
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
- 22 - 03-07 21:23	4th Sub. (Pumpkin) S.B. 330
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
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
- 23 - 4th Sub. (Pumpkin) S.B. 330	03-07 21:23
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.
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
- 24 - 03-07 21:23	4th Sub. (Pumpkin) S.B. 330
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
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;
- 25 - 4th Sub. (Pumpkin) S.B. 330	03-07 21:23
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,
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
- 26 - 03-07 21:23	4th Sub. (Pumpkin) S.B. 330
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
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; Ĥ→ [ and] ←Ĥ 
891 
(4) an individual with a barbering license may renew the license as a barbering license Ĥ→ [.] 
891a 
; and
891b 
(5) an individual with an esthetics license may renew the license as an esthetics license. ←Ĥ 
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
- 27 - 4th Sub. (Pumpkin) S.B. 330	03-07 21:23
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
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;
- 28 - 03-07 21:23	4th Sub. (Pumpkin) S.B. 330
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
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
- 29 - 4th Sub. (Pumpkin) S.B. 330	03-07 21:23
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
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:
- 30 - 03-07 21:23	4th Sub. (Pumpkin) S.B. 330
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;
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
- 31 - 4th Sub. (Pumpkin) S.B. 330	03-07 21:23
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;
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 
 Ĥ→ [bicinchoninic] bichloroacetic ←Ĥ  acid;
1071 
(8) while sanding the skin, an individual licensed or permitted under this chapter, removing
- 32 - 03-07 21:23	4th Sub. (Pumpkin) S.B. 330
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.
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.
- 33 - 4th Sub. (Pumpkin) S.B. 330	03-07 21:23
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
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
- 34 - 03-07 21:23	4th Sub. (Pumpkin) S.B. 330
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
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.
- 35 - 4th Sub. (Pumpkin) S.B. 330	03-07 21:23
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
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) ]
- 36 - 03-07 21:23	4th Sub. (Pumpkin) S.B. 330
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
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
- 37 - 4th Sub. (Pumpkin) S.B. 330	03-07 21:23
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
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
- 38 - 03-07 21:23	4th Sub. (Pumpkin) S.B. 330
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;
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:
- 39 - 4th Sub. (Pumpkin) S.B. 330	03-07 21:23
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
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
- 40 - 03-07 21:23	4th Sub. (Pumpkin) S.B. 330
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,
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
- 41 - 4th Sub. (Pumpkin) S.B. 330	03-07 21:23
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
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.
- 42 - 03-07 21:23	4th Sub. (Pumpkin) S.B. 330
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;
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
- 43 - 4th Sub. (Pumpkin) S.B. 330	03-07 21:23
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:
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
- 44 - 03-07 21:23	4th Sub. (Pumpkin) S.B. 330
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
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
- 45 - 4th Sub. (Pumpkin) S.B. 330	03-07 21:23
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.
1525 
This bill takes effect on January 1, 2026.
- 46 -