Utah 2025 Regular Session

Utah Senate Bill SB0330 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy S.B. 330
	1	+	03-07 21:23 4th Sub. (Pumpkin) S.B. 330
	2	+	A. Cory Maloy proposes the following substitute bill:
2	3		1
3	4		Cosmetology Modifications
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Scott D. Sandall
7	8		House Sponsor: A. Cory Maloy
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill restructures the licensing standards for the Cosmetology and Associated
16	17		6
17	18		Professions Licensing Act.
18	19		7
19	20		Highlighted Provisions:
20	21		8
21	22		This bill:
22	23		9
23	24		▸ defines terms;
24	25		10
25	26		▸ creates a scope of practice for professionals regulated by the Cosmetology and Associated
26	27		11
27	28		Professions Licensing Act;
28	29		12
29	30		▸ restructures the existing Cosmetology and Associated Professions Licensing Board;
30	31		13
31	32		▸ restructures the license classifications regulated by the Cosmetology and Associated
32	33		14
33	34		Professions Licensing Act;
34	35		15
35	36		▸ restructures the qualifications for licensure for professionals regulated by the
36	37		16
37	38		Cosmetology and Associated Professions Licensing Act;
38	39		17
39	40		▸ establishes standards for apprenticeship for professionals regulated by the Cosmetology
40	41		18
41	42		and Associated Professions Licensing Act;
42	43		19
43	44		▸ addresses unprofessional conduct;
44	45		20
45	46		▸ allows a school to receive curriculum approval from the Division of Professional
46	47		21
47	48		Licensing; and
48	49		22
49	50		▸ makes technical and conforming changes.
50	51		23
51	52		Money Appropriated in this Bill:
52	53		24
53	54		None
54	55		25
55	56		Other Special Clauses:
56	57		26
57	58		This bill provides a special effective date.
58	59		27
59		-	Utah Code Sections Affected: ~~S.B. 330 Enrolled Copy~~
	60	+	Utah Code Sections Affected:
60	61		28
61	62		AMENDS:
	63	+	4th Sub. S.B. 330 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
62	64		29
63	65		58-1-102, as last amended by Laws of Utah 2024, Chapter 486
64	66		30
65	67		58-1-506, as last amended by Laws of Utah 2024, Chapter 486
66	68		31
67	69		58-11a-201, as last amended by Laws of Utah 2024, Chapter 479
68	70		32
69	71		58-11a-303, as last amended by Laws of Utah 2001, Chapter 204
70	72		33
71	73		58-11a-304, as last amended by Laws of Utah 2024, Chapter 479
72	74		34
73	75		58-11a-503, as last amended by Laws of Utah 2020, Chapter 339
74	76		35
75	77		58-67-102, as last amended by Laws of Utah 2024, Chapter 507
76	78		36
77	79		58-68-102, as last amended by Laws of Utah 2024, Chapter 507
78	80		37
79	81		ENACTS:
80	82		38
81	83		58-11a-302.10, Utah Code Annotated 1953
82	84		39
83	85		58-11a-302.11, Utah Code Annotated 1953
84	86		40
85	87		58-11a-302.12, Utah Code Annotated 1953
86	88		41
87	89		58-11a-302.13, Utah Code Annotated 1953
88	90		42
89	91		58-11a-302.14, Utah Code Annotated 1953
90	92		43
91	93		58-11a-302.15, Utah Code Annotated 1953
92	94		44
93	95		58-11a-302.16, Utah Code Annotated 1953
94	96		45
95	97		58-11a-302.17, Utah Code Annotated 1953
96	98		46
97	99		58-11a-302.18, Utah Code Annotated 1953
98	100		47
99	101		58-11a-302.19, Utah Code Annotated 1953
100	102		48
101	103		58-11a-302.20, Utah Code Annotated 1953
102	104		49
103	105		58-11a-302.21, Utah Code Annotated 1953
104	106		50
105	107		58-11a-302.22, Utah Code Annotated 1953
106	108		51
107	109		58-11a-302.23, Utah Code Annotated 1953
108	110		52
109	111		58-11a-302.24, Utah Code Annotated 1953
110	112		53
111	113		58-11a-302.25, Utah Code Annotated 1953
112	114		54
113	115		REPEALS AND REENACTS:
114	116		55
115	117		58-11a-102, as last amended by Laws of Utah 2024, Chapter 479
116	118		56
117	119		58-11a-301, as last amended by Laws of Utah 2024, Chapter 479
118	120		57
119	121		58-11a-302, as last amended by Laws of Utah 2024, Chapters 137, 479
120	122		58
121	123		58-11a-306, as last amended by Laws of Utah 2024, Chapter 479
122	124		59
123	125		58-11a-501, as last amended by Laws of Utah 2024, Chapter 479
124	126		60
125	127
126	128		61
127	129		Be it enacted by the Legislature of the state of Utah:
128		-	- 2 - Enrolled Copy S.B. 330
129	130		62
130	131		Section 1. Section 58-1-102 is amended to read:
	132	+	- 2 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
131	133		63
132	134		58-1-102 . Definitions.
133	135		64
134	136		As used in this title:
135	137		65
136	138		(1)(a) "Ablative procedure" means the same as that term is defined in Section 58-67-102.
137	139		66
138	140		(b) "Ablative procedure" does not include laser tattoo removal.
139	141		67
140	142		(2) "Cosmetic medical procedure":
141	143		68
142	144		(a) means the same as that term is defined in Section 58-67-102; and
143	145		69
144	146		(b) except for Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah Osteopathic
145	147		70
146	148		Medical Practice Act, does not apply to the scope of practice of an individual
147	149		71
148	150		licensed under this title if the individual's scope of practice includes the authority to
149	151		72
150	152		operate or perform surgical procedures.
151	153		73
152	154		(3) "Cryolipolysis" means a nonablative fat reduction procedure that uses cold temperature
153	155		74
154	156		to reduce fat deposits in certain areas of the body.
155	157		75
156	158		(4) "Department" means the Department of Commerce.
157	159		76
158	160		(5) "Director" means the director of the Division of Professional Licensing.
159	161		77
160	162		(6) "Division" means the Division of Professional Licensing created in Section 58-1-103.
161	163		78
162	164		(7) "Executive director" means the executive director of the Department of Commerce.
163	165		79
164	166		(8) "Licensee" includes any holder of a license, certificate, registration, permit, student
165	167		80
166	168		card, or apprentice card authorized under this title.
167	169		81
168	170		(9)(a)(i) "Nonablative procedure" means a procedure that is expected or intended to
169	171		82
170	172		alter living tissue, but not intended or expected to excise, vaporize, disintegrate, or
171	173		83
172	174		remove living tissue.
173	175		84
174	176		(ii) Notwithstanding Subsection [(8)(a)(i)] (9)(a)(i), nonablative procedure includes
175	177		85
176	178		hair removal and cryolipolysis.
177	179		86
178	180		(b) "Nonablative procedure" does not include:
179	181		87
180	182		(i) a superficial procedure;
181	183		88
182	184		(ii) the application of permanent make-up;
183	185		89
184	186		(iii) laser tattoo removal; or
185	187		90
186	188		[(iii)] (iv) the use of photo therapy and lasers for neuromusculoskeletal treatments that
187	189		91
188	190		are performed by an individual licensed under this title who is acting within their
189	191		92
190	192		scope of practice.
191	193		93
192	194		(10) "Pain clinic" means:
193	195		94
194	196		(a) a clinic that advertises its primary purpose is the treatment of chronic pain; or
195	197		95
196	198		(b) a clinic in which greater than 50% of the clinic's annual patient population receive
197		-	- 3 - S.B. 330 Enrolled Copy
198	199		96
199	200		treatment primarily for non-terminal chronic pain using Schedule II-III controlled
	201	+	- 3 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
200	202		97
201	203		substances.
202	204		98
203	205		(11) "Superficial procedure" means a procedure that is expected or intended to temporarily
204	206		99
205	207		alter living skin tissue and may excise or remove stratum corneum but have no
206	208		100
207	209		appreciable risk of damage to any tissue below the stratum corneum.
208	210		101
209	211		(12) "Telemedicine service" means the same as that term is defined in Section 26B-4-704.
210	212		102
211	213		(13) "Unlawful conduct" means the same as that term is defined in Subsection 58-1-501(1).
212	214		103
213	215		(14) "Unprofessional conduct" means the same as that term is defined in Subsection
214	216		104
215	217		58-1-501(2).
216	218		105
217	219		Section 2. Section 58-1-506 is amended to read:
218	220		106
219	221		58-1-506 . Supervision of cosmetic medical procedures.
220	222		107
221	223		(1) For purposes of this section:
222	224		108
223	225		(a) "Delegation group A" means the following who are licensed under this title, acting
224	226		109
225	227		within their respective scopes of practice, and qualified under Subsections (2)(f)(i)
226	228		110
227	229		and (iii):
228	230		111
229	231		(i) a physician assistant, if acting in accordance with Chapter 70a, Utah Physician
230	232		112
231	233		Assistant Act;
232	234		113
233	235		(ii) a registered nurse;
234	236		114
235	237		(iii) a master esthetician; and
236	238		115
237	239		(iv) an electrologist, if evaluating for or performing laser hair removal.
238	240		116
239	241		(b) "Delegation group B" means:
240	242		117
241	243		(i) a practical nurse or an esthetician who is licensed under this title, acting within [
242	244		118
243	245		their] the nurse or esthetician's respective scopes of practice, and qualified under
244	246		119
245	247		Subsections (2)(f)(i) and (iii); and
246	248		120
247	249		(ii) a medical assistant who is qualified under Subsections (2)(f)(i) and (iii).
248	250		121
249	251		(c) "Direct cosmetic medical procedure supervision" means the supervisor:
250	252		122
251	253		(i) has authorized the procedure to be done on the patient by the supervisee; and
252	254		123
253	255		(ii) is present and available for a face-to-face communication with the supervisee
254	256		124
255	257		when and where a cosmetic medical procedure is performed.
256	258		125
257	259		(d) "General cosmetic medical procedure supervision" means the supervisor:
258	260		126
259	261		(i) has authorized the procedure to be done on the patient by the supervisee;
260	262		127
261	263		(ii) is available in a timely and appropriate manner in person to evaluate and initiate
262	264		128
263	265		care for a patient with a suspected adverse reaction or complication; and
264	266		129
265	267		(iii) is located within 60 minutes or 60 miles of the cosmetic medical facility.
266		-	- 4 - Enrolled Copy S.B. 330
267	268		130
268	269		(e) "Hair removal review" means:
	270	+	- 4 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
269	271		131
270	272		(i) conducting an in-person, face-to-face interview of a patient based on the responses
271	273		132
272	274		provided by the patient to a detailed medical history assessment that was prepared
273	275		133
274	276		by the supervisor;
275	277		134
276	278		(ii) evaluating for contraindications and conditions that are part of the treatment plan;
277	279		135
278	280		and
279	281		136
280	282		(iii) if the patient history or patient presentation deviates in any way from the
281	283		137
282	284		treatment plan, referring the patient to the supervisor and receiving clearance from
283	285		138
284	286		the supervisor before starting the treatment.
285	287		139
286	288		(f) "Indirect cosmetic medical procedure supervision" means the supervisor:
287	289		140
288	290		(i) has authorized the procedure to be done on the patient by the supervisee;
289	291		141
290	292		(ii) has given written instructions to the person being supervised;
291	293		142
292	294		(iii) is present within the cosmetic medical facility in which the person being
293	295		143
294	296		supervised is providing services; and
295	297		144
296	298		(iv) is available to:
297	299		145
298	300		(A) provide immediate face-to-face communication with the person being
299	301		146
300	302		supervised; and
301	303		147
302	304		(B) evaluate the patient, as necessary.
303	305		148
304	306		(2) A supervisor supervising a nonablative cosmetic medical procedure for hair removal
305	307		149
306	308		shall:
307	309		150
308	310		(a) have an unrestricted license to practice medicine or advanced practice registered
309	311		151
310	312		nursing in the state;
311	313		152
312	314		(b) develop the medical treatment plan for the procedure;
313	315		153
314	316		(c) conduct a hair removal review, or delegate the hair removal review to a member of
315	317		154
316	318		delegation group A, of the patient prior to initiating treatment or a series of
317	319		155
318	320		treatments;
319	321		156
320	322		(d) personally perform the nonablative cosmetic medical procedure for hair removal, or
321	323		157
322	324		authorize and delegate the procedure to a member of delegation group A or B;
323	325		158
324	326		(e) during the nonablative cosmetic medical procedure for hair removal provide general
325	327		159
326	328		cosmetic medical procedure supervision to individuals in delegation group A
327	329		160
328	330		performing the procedure, except physician assistants, who shall act in accordance
329	331		161
330	332		with Chapter 70a, Utah Physician Assistant Act, and indirect cosmetic medical
331	333		162
332	334		procedure supervision to individuals in delegation group B performing the procedure;
333	335		163
334	336		and
335		-	- 5 - S.B. 330 Enrolled Copy
336	337		164
337	338		(f) verify that a person to whom the supervisor delegates an evaluation under Subsection
	339	+	- 5 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
338	340		165
339	341		(2)(c) or delegates a procedure under Subsection (2)(d)[ or (3)(c)(ii)]:
340	342		166
341	343		(i) has received appropriate training regarding the medical procedures developed
342	344		167
343	345		under Subsection (2)(b);
344	346		168
345	347		(ii) has an unrestricted license under this title or is performing under the license of the
346	348		169
347	349		supervising physician and surgeon; and
348	350		170
349	351		(iii) has maintained competence to perform the nonablative cosmetic medical
350	352		171
351	353		procedure through documented education and experience of at least 80 hours, as
352	354		172
353	355		further defined by rule, regarding:
354	356		173
355	357		(A) the appropriate standard of care for performing nonablative cosmetic medical
356	358		174
357	359		procedures;
358	360		175
359	361		(B) physiology of the skin;
360	362		176
361	363		(C) skin typing and analysis;
362	364		177
363	365		(D) skin conditions, disorders, and diseases;
364	366		178
365	367		(E) pre- and post-procedure care;
366	368		179
367	369		(F) infection control;
368	370		180
369	371		(G) laser and light physics training;
370	372		181
371	373		(H) laser technologies and applications;
372	374		182
373	375		(I) safety and maintenance of lasers;
374	376		183
375	377		(J) cosmetic medical procedures an individual is permitted to perform under this
376	378		184
377	379		title;
378	380		185
379	381		(K) recognition and appropriate management of complications from a procedure;
380	382		186
381	383		and
382	384		187
383	385		(L) cardiopulmonary resuscitation (CPR).
384	386		188
385	387		[(3) For a nonablative cosmetic medical procedure for tattoo removal:]
386	388		189
387	389		[(a) a supervisor supervising a nonablative cosmetic medical procedure for tattoo
388	390		190
389	391		removal shall:]
390	392		191
391	393		[(i) have an unrestricted license to practice medicine or advanced practice registered
392	394		192
393	395		nursing in the state; and]
394	396		193
395	397		[(ii) develop the medical treatment plan for the procedure; and]
396	398		194
397	399		[(b) a nurse practitioner or physician assistant:]
398	400		195
399	401		[(i) shall conduct an in-person face-to-face evaluation of a patient before initiating a
400	402		196
401	403		treatment protocol or series of treatments for removing a tattoo;]
402	404		197
403	405		[(ii) shall inspect the patient's skin for any discoloration unrelated to the tattoo and
404		-	- 6 - Enrolled Copy S.B. 330
405	406		198
406	407		any other indication of cancer or other condition that should be treated or further
	408	+	- 6 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
407	409		199
408	410		evaluated before the tattoo is removed;]
409	411		200
410	412		[(iii) shall refer a patient with a condition described in Subsection (3)(b)(ii) to a
411	413		201
412	414		physician for treatment or further evaluation; and]
413	415		202
414	416		[(iv) may not perform a nonablative cosmetic medical procedure to remove a tattoo
415	417		203
416	418		on a patient unless the patient is approved for the tattoo removal by a physician
417	419		204
418	420		after the physician evaluates the patient.]
419	421		205
420	422		[(4)] (3) For a nonablative cosmetic medical procedure other than hair removal under
421	423		206
422	424		Subsection (2)[ or tattoo removal under Subsection (3)]:
423	425		207
424	426		(a) a physician who has an unrestricted license to practice medicine, a nurse practitioner
425	427		208
426	428		who has an unrestricted license for advanced practice registered nursing, or a
427	429		209
428	430		physician assistant acting in accordance with Chapter 70a, Utah Physician Assistant
429	431		210
430	432		Act, who has an unrestricted license to practice as a physician assistant, shall:
431	433		211
432	434		(i) develop a treatment plan for the nonablative cosmetic medical procedure; and
433	435		212
434	436		(ii) conduct an evaluation of the patient either in-person or utilizing a live
435	437		213
436	438		telemedicine visit before the initiation of a treatment protocol or series of
437	439		214
438	440		treatments; and
439	441		215
440	442		(b) the supervisor supervising the procedure shall:
441	443		216
442	444		(i) have an unrestricted license to practice medicine or advanced practice registered
443	445		217
444	446		nursing;
445	447		218
446	448		(ii) personally perform the nonablative cosmetic medical procedure or:
447	449		219
448	450		(A) authorize and provide general cosmetic medical procedure supervision for the
449	451		220
450	452		nonablative cosmetic medical procedure that is performed by a registered nurse
451	453		221
452	454		or a master esthetician; or
453	455		222
454	456		(B) authorize and provide supervision as provided in Chapter 70a, Utah Physician
455	457		223
456	458		Assistant Act, for the nonablative cosmetic medical procedure that is
457	459		224
458	460		performed by a physician assistant;[ or] and
459	461		225
460	462		(C) authorize and provide direct cosmetic medical procedure supervision for the
461	463		226
462	464		nonablative cosmetic medical procedure that is performed by an esthetician or
463	465		227
464	466		a practical nurse; and
465	467		228
466	468		(iii) verify that a person to whom the supervisor delegates a procedure under
467	469		229
468	470		Subsection [(3)(c)] (3)(b):
469	471		230
470	472		(A) has received appropriate training regarding the medical procedures to be
471	473		231
472	474		performed;
473		-	- 7 - S.B. 330 Enrolled Copy
474	475		232
475	476		(B) has an unrestricted license and is acting within the person's scope of practice
	477	+	- 7 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
476	478		233
477	479		under this title; and
478	480		234
479	481		(C) is qualified under Subsection (2)(f)(iii).
480	482		235
481	483		[(5)] (4) A supervisor performing or supervising a cosmetic medical procedure under
482	484		236
483	485		Subsection (2) or (3)[ or (4)] shall ensure that:
484	486		237
485	487		(a) the supervisor's name is prominently posted at the cosmetic medical facility
486	488		238
487	489		identifying the supervisor;
488	490		239
489	491		(b) a copy of the supervisor's license is displayed on the wall of the cosmetic medical
490	492		240
491	493		facility;
492	494		241
493	495		(c) the patient receives written information with the name and licensing information of
494	496		242
495	497		the supervisor who is supervising the nonablative cosmetic medical procedure and
496	498		243
497	499		the person who is performing the nonablative cosmetic medical procedure;
498	500		244
499	501		(d) the patient is provided with a telephone number that is answered within 24 hours for
500	502		245
501	503		follow-up communication; and
502	504		246
503	505		(e) the cosmetic medical facility's contract with a master esthetician who performs a
504	506		247
505	507		nonablative cosmetic medical procedure at the facility is kept on the premises of the
506	508		248
507	509		facility.
508	510		249
509	511		[(6)] (5) Failure to comply with the provisions of this section is unprofessional conduct.
510	512		250
511	513		[(7)] (6) A chiropractic physician licensed under Chapter 73, Chiropractic Physician
512	514		251
513	515		Practice Act, is not subject to the supervision requirements in this section for a
514	516		252
515	517		nonablative cosmetic medical procedure for hair removal if the chiropractic physician is
516	518		253
517	519		acting within the scope of practice of a chiropractic physician and with training specific
518	520		254
519	521		to nonablative hair removal.
520	522		255
521	523		Section 3. Section 58-11a-102 is repealed and reenacted to read:
522	524		256
523	525		58-11a-102 . Definitions.
524	526		257
525	527		As used in this chapter:
526	528		258
527	529		(1) "Approved apprenticeship" means an apprenticeship that meets the requirements of
528	530		259
529	531		Section 58-11a-306 for any applicable license or permit type and the requirements
530	532		260
531	533		established by administrative rules made by the division in collaboration with the board
532	534		261
533	535		and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
534	536		262
535	537		(2) "Board" means the Cosmetology and Associated Professions Licensing Board created in
536	538		263
537	539		Section 58-11a-201.
538	540		264
539	541		(3)(a) "Cosmetic medical device" means a nonablative tissue altering energy based
540	542		265
541	543		device, including a laser, that is expected or intended to alter living tissue, but is not
542		-	- 8 - Enrolled Copy S.B. 330
543	544		266
544	545		intended or expected to excise, vaporize, disintegrate, or remove living tissue.
	546	+	- 8 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
545	547		267
546	548		(b) "Cosmetic medical device" includes:
547	549		268
548		-	(i) American National Standards Institute designated Class IIIb and Class IV ~~lasers;~~
	550	+	(i) an American National Standards Institute designated Class IIIb and Class IV
549	551		269
550		-	~~(ii) devices that utilize intense pulsed light~~;
	552	+	lasers;
551	553		270
552		-	(~~iii~~) ~~radio frequency devices~~; ~~and~~
	554	+	(ii) a device that utilizes intense pulsed light;
553	555		271
554		-	(iv) ~~lipolytic~~ devices.
	556	+	(iii) a radio frequency devices; and
555	557		272
	558	+	(iv) a lipolytic devices.
	559	+	273
556	560		(c) "Cosmetic medical device" does not include an American National Standards
557		-	~~273~~
	561	+	274
558	562		Institute designated Class IIIa and lower powered device.
559		-	~~274~~
	563	+	275
560	564		(4) "Dermaplane" means the use of a scalpel or bladed instrument to shave the upper layers
561		-	~~275~~
	565	+	276
562	566		of the stratum corneum.
563		-	~~276~~
	567	+	277
564	568		(5) "Direct supervision" means that the supervisor of an apprentice or the instructor of a
565		-	~~277~~
	569	+	278
566	570		student is physically present in the same building as the apprentice or student and readily
567		-	~~278~~
	571	+	279
568	572		able to establish direct contact with the apprentice or student for consultation, advice,
569		-	~~279~~
	573	+	280
570	574		instruction, and evaluation.
571		-	~~280~~
	575	+	281
572	576		(6) "Division" means the Division of Professional Licensing, created in Section 58-1-103.
573		-	~~281~~
	577	+	282
574	578		(7)(a) "Hair braiding" means the twisting, weaving, or interweaving of an individual's
575		-	~~282~~
	579	+	283
576	580		natural human hair.
577		-	~~283~~
	581	+	284
578	582		(b) "Hair braiding" includes the following methods or styles:
579		-	~~284~~
	583	+	285
580	584		(i) African-style braiding;
581		-	~~285~~
	585	+	286
582	586		(ii) box braids;
583		-	~~286~~
	587	+	287
584	588		(iii) cornrows;
585		-	~~287~~
	589	+	288
586	590		(iv) dreadlocks;
587		-	~~288~~
	591	+	289
588	592		(v) french braids;
589		-	~~289~~
	593	+	290
590	594		(vi) invisible braids;
591		-	~~290~~
	595	+	291
592	596		(vii) micro braids;
593		-	~~291~~
	597	+	292
594	598		(viii) single braids;
595		-	~~292~~
	599	+	293
596	600		(ix) single plaits;
597		-	~~293~~
	601	+	294
598	602		(x) twists;
599		-	~~294~~
	603	+	295
600	604		(xi) visible braids;
601		-	~~295~~
	605	+	296
602	606		(xii) the use of lock braids;
603		-	~~296~~
	607	+	297
604	608		(xiii) the use of decorative beads, accessories, and extensions; and
605		-	~~297~~
	609	+	298
606	610		(xiv) the use of wefts if applied without the use of glue or tape.
607		-	~~298~~
	611	+	299
608	612		(c) "Hair braiding" does not include:
609		-	~~299~~
	613	+	300
610	614		(i) the use of:
611		-	- 9 - S.B. 330 ~~Enrolled Copy~~
612		-	~~300~~
	615	+	- 9 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
	616	+	301
613	617		(A) wefts if applied with the use of glue or tape;
614		-	~~301~~
	618	+	302
615	619		(B) synthetic tape;
616		-	~~302~~
	620	+	303
617	621		(C) synthetic glue;
618		-	~~303~~
	622	+	304
619	623		(D) keratin bonds;
620		-	~~304~~
	624	+	305
621	625		(E) fusion bonds; or
622		-	~~305~~
	626	+	306
623	627		(F) heat tools;
624		-	~~306~~
	628	+	307
625	629		(ii) the cutting of human hair; or
626		-	~~307~~
	630	+	308
627	631		(iii) the application of heat, dye, a reactive chemical, or other preparation to:
628		-	~~308~~
	632	+	309
629	633		(A) alter the color of the hair; or
630		-	~~309~~
	634	+	310
631	635		(B) straighten, curl, or alter the structure of the hair.
632		-	~~310~~
	636	+	311
633	637		(8) "Instructor" means an individual that is licensed to instruct a discipline that is regulated
634		-	~~311~~
	638	+	312
635	639		by this chapter.
636		-	~~312~~
	640	+	313
637	641		(9) "Licensed school" means a school in Utah that:
638		-	~~313~~
	642	+	314
639	643		(a) meets the standards for accreditation established by administrative rules made by the
640		-	~~314~~
	644	+	315
641	645		division; or
642		-	~~315~~
	646	+	316
643	647		(b) is using curriculum approved by the division.
644		-	~~316~~
	648	+	317
645	649		(10)(a) "Manual hair removal" means superfluous hair removal that is performed
646		-	~~317~~
	650	+	318
647	651		without using a cosmetic medical device or electrolysis.
648		-	~~318~~
	652	+	319
649	653		(b) "Manual hair removal" includes:
650		-	~~319~~
	654	+	320
651	655		(i) the use of depilatories;
652		-	~~320~~
	656	+	321
653	657		(ii) shaving;
654		-	~~321~~
	658	+	322
655	659		(iii) sugaring;
656		-	~~322~~
	660	+	323
657	661		(iv) tweezing; and
658		-	~~323~~
	662	+	324
659	663		(v) waxing.
660		-	~~324~~
	664	+	325
661	665		(c) "Manual hair removal" does not include threading.
662		-	~~325~~
	666	+	326
663	667		(11) "Minimum service count" means the minimum number of repetitions of a given
664		-	~~326~~
	668	+	327
665	669		service a license or permit applicant is required to complete to gain a minimum level of
666		-	~~327~~
	670	+	328
667	671		competence as established by administrative rules made by the division for a service.
668		-	~~328~~
	672	+	329
669	673		(12) "Permit" means a safety permit that gives the holder authority to perform certain
670		-	~~329~~
	674	+	330
671	675		services.
672		-	~~330~~
	676	+	331
673	677		(13) "Recognized school" means a school located in a jurisdiction other than Utah whose
674		-	~~331~~
	678	+	332
675	679		students, upon graduation, are recognized as having completed the educational
676		-	~~332~~
	680	+	333
677	681		requirements for the licensure in the jurisdiction in which the school is located.
678		-	~~333~~
	682	+	334
679	683		(14) "Representative of a licensed school" means an individual:
680		-	- 10 - ~~Enrolled Copy~~ S.B. 330
681		-	~~334~~
	684	+	- 10 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
	685	+	335
682	686		(a) that is acting in the individual's capacity as an employee of a licensed school; or
683		-	~~335~~
	687	+	336
684	688		(b) with an ownership or financial interest in a licensed school.
685		-	~~336~~
	689	+	337
686	690		(15) "Salon" means a place, shop, or establishment in which an individual licensed or
687		-	~~337~~
	691	+	338
688	692		permitted under this chapter practices the individual's discipline.
689		-	~~338~~
	693	+	339
690	694		(16) "Threading" means a method of removing hair from the eyebrows, upper lip, or other
691		-	~~339~~
	695	+	340
692	696		body parts by using cotton thread to pull hair from follicles without the use of chemicals,
693		-	~~340~~
	697	+	341
694	698		heat, or wax.
695		-	~~341~~
	699	+	342
696	700		(17) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
697		-	~~342~~
	701	+	343
698	702		58-11a-502.
699		-	~~343~~
	703	+	344
700	704		(18) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
701		-	~~344~~
	705	+	345
702	706		and 58-11a-501 and as may be further defined by administrative rules made by the
703		-	~~345~~
	707	+	346
704	708		division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
705		-	~~346~~
	709	+	347
706	710		Administrative Rulemaking Act.
707		-	~~347~~
	711	+	348
708	712		Section 4. Section 58-11a-201 is amended to read:
709		-	~~348~~
	713	+	349
710	714		58-11a-201 . Board.
711		-	~~349~~
	715	+	350
712	716		(1) There is created the Cosmetology and Associated Professions Licensing Board
713		-	~~350~~
	717	+	351
714	718		consisting of the following members:
715		-	~~351~~
	719	+	352
716	720		(a)(i) one [barber or ]cosmetologist[/barber]; or
717		-	~~352~~
	721	+	353
718	722		(ii) one cosmetologist instructor;
719		-	~~353~~
	723	+	354
720	724		[(b)(i) one barber or cosmetologist/barber instructor; or]
721		-	~~354~~
	725	+	355
722	726		[(ii) one representative of a licensed barber or cosmetology/barber school;]
723		-	~~355~~
	727	+	356
724	728		[(c)] (b)(i) one master esthetician; or
725		-	~~356~~
	729	+	357
726	730		(ii) one master esthetician instructor;
727		-	~~357~~
	731	+	358
728	732		(c)(i) one nail technician; or
729		-	~~358~~
	733	+	359
730	734		(ii) one nail technician instructor;
731		-	~~359~~
	735	+	360
732	736		[(d)(i) one esthetician instructor; or]
733		-	~~360~~
	737	+	361
734	738		[(ii) one representative of a licensed esthetics school;]
735		-	~~361~~
	739	+	362
736	740		[(e) one nail technician;]
737		-	~~362~~
	741	+	363
738	742		[(f)(i) one nail technician instructor; or]
739		-	~~363~~
	743	+	364
740	744		[(ii) one representative of a licensed nail technology school;]
741		-	~~364~~
	745	+	365
742	746		[(g)] (d)(i) one electrologist; or
743		-	~~365~~
	747	+	366
744	748		(ii) one electrologist instructor;
745		-	~~366~~
	749	+	367
746	750		(e) one representative of a licensed school that is publicly funded;
747		-	~~367~~
	751	+	368
748	752		(f) one representative of a licensed school that is privately funded;
749		-	- 11 - S.B. 330 ~~Enrolled Copy~~
750		-	~~368~~
	753	+	- 11 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
	754	+	369
751	755		(g) one supervisor as defined in Section 58-1-505; and
752		-	~~369~~
	756	+	370
753	757		[(h) one eyelash and eyebrow technician;]
754		-	~~370~~
	758	+	371
755	759		[(i)(i) one eyelash and eyebrow technician instructor; or]
756		-	~~371~~
	760	+	372
757	761		[(ii) one representative of a licensed eyelash and eyebrow technology school; and]
758		-	~~372~~
	762	+	373
759	763		[(j)] (h) two members from the general public.
760		-	~~373~~
	764	+	374
761	765		(2)(a) The board shall be appointed and serve in accordance with Section 58-1-201.
762		-	~~374~~
	766	+	375
763	767		(b) Except for the members specified in Subsections (1)(e) and (1)(f), a member may not
764		-	~~375~~
	768	+	376
765	769		participate as a representative of a licensed school.
766		-	~~376~~
	770	+	377
767	771		[(b)(i) At least one of the members of the board appointed under Subsections (1)(b),
768		-	~~377~~
	772	+	378
769	773		(d), and (f) shall be an instructor at or a representative of a public school.]
770		-	~~378~~
	774	+	379
771	775		[(ii) At least one of the members of the board appointed under Subsections (1)(b),
772		-	~~379~~
	776	+	380
773	777		(d), and (f) shall be an instructor at or a representative of a private school.]
774		-	~~380~~
	778	+	381
775	779		(3)(a) [The ] The board shall perform the duties and responsibilities [of the board are in
776		-	~~381~~
	780	+	382
777	781		accordance with] described in Sections 58-1-202 and 58-1-203.
778		-	~~382~~
	782	+	383
779	783		(b) [In addition, the ] The board shall designate one of [its] the board members on a
780		-	~~383~~
	784	+	384
781	785		permanent or rotating basis to:
782		-	~~384~~
	786	+	385
783	787		[(a)] (i) assist the division in reviewing complaints concerning the unlawful or
784		-	~~385~~
	788	+	386
785	789		unprofessional conduct of a licensee; and
786		-	~~386~~
	790	+	387
787	791		[(b)] (ii) advise the division in [its] the division's investigation of these complaints.
788		-	~~387~~
	792	+	388
789	793		(4) A board member who has, under Subsection (3), reviewed a complaint or advised in [its]
790		-	~~388~~
	794	+	389
791	795		the investigation of the complaint may be disqualified from participating with the board
792		-	~~389~~
	796	+	390
793	797		when the board serves as a presiding officer in an adjudicative proceeding concerning
794		-	~~390~~
	798	+	391
795	799		the complaint.
796		-	~~391~~
	800	+	392
797	801		Section 5. Section 58-11a-301 is repealed and reenacted to read:
798		-	~~392~~
	802	+	393
799	803		58-11a-301 . Licensure or permit required.
800		-	~~393~~
	804	+	394
801	805		(1) Subject to Subsection (2), a person must be licensed or permitted as required under this
802		-	~~394~~
	806	+	395
803	807		chapter to practice a discipline regulated by this chapter.
804		-	~~395~~
	808	+	396
805	809		(2) An individual is not required to be licensed or permitted if the individual:
806		-	~~396~~
	810	+	397
807	811		(a) is a registered apprentice in accordance with this chapter; or
808		-	~~397~~
	812	+	398
809	813		(b) qualifies for an exemption under:
810		-	~~398~~
	814	+	399
811	815		(i) Section 58-1-307; or
812		-	~~399~~
	816	+	400
813	817		(ii) Section 58-11a-304.
814		-	~~400~~
	818	+	401
815	819		Section 6. Section 58-11a-302 is repealed and reenacted to read:
816		-	~~401~~
	820	+	402
817	821		58-11a-302 . General qualifications for licensure and permitting.
818		-	- 12 - ~~Enrolled Copy~~ S.B. 330
819		-	~~402~~
	822	+	- 12 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
	823	+	403
820	824		(1) An applicant for a license or permit under this chapter shall:
821		-	~~403~~
	825	+	404
822	826		(a)(i) submit an application in a form prescribed by the division; and
823		-	~~404~~
	827	+	405
824	828		(ii) pay a fee determined by the division in compliance with Section 63J-1-504;
825		-	~~405~~
	829	+	406
826	830		(b) provide satisfactory documentation of completion of required minimum service
827		-	~~406~~
	831	+	407
828	832		counts, certified by the applicant's school, or, if under an apprenticeship, the
829		-	~~407~~
	833	+	408
830	834		applicant's supervisor; and:
831		-	~~408~~
	835	+	409
832	836		(i) compliance with educational requirements of the respective license or permit; or
833		-	~~409~~
	837	+	410
834	838		(ii) completion of an approved apprenticeship; and
835		-	~~410~~
	839	+	411
836	840		(c) pass an examination, as required by administrative rule established by the division.
837		-	~~411~~
	841	+	412
838	842		(2)(a) The division shall establish administrative rules to determine how many hours for
839		-	~~412~~
	843	+	413
840	844		an existing license or permit that an applicant may credit towards the hours required
841		-	~~413~~
	845	+	414
842	846		for an additional permit or license.
843		-	~~414~~
	847	+	415
844	848		(b) An individual that holds a cosmetology license may count 600 hours as a
845		-	~~415~~
	849	+	416
846	850		cosmetologist to satisfy the 1,200 total hours requirement for a master esthetics
847		-	~~416~~
	851	+	417
848	852		license.
849		-	~~417~~
	853	+	418
850	854		Section 7. Section 58-11a-302.10 is enacted to read:
851		-	~~418~~
	855	+	419
852	856		58-11a-302.10 . Practice of barbering -- Barbering permit -- Qualifications.
853		-	~~419~~
	857	+	420
854	858		(1) The practice of barbering includes:
855		-	~~420~~
	859	+	421
856	860		(a) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
857		-	~~421~~
	861	+	422
858	862		shears, clippers, or other appliances;
859		-	~~422~~
	863	+	423
860	864		(b) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
861		-	~~423~~
	865	+	424
862	866		drying;
863		-	~~424~~
	867	+	425
864	868		(c) cutting, wet styling, fitting, measuring, or forming caps for wigs and hairpieces on
865		-	~~425~~
	869	+	426
866	870		the human head;
867		-	~~426~~
	871	+	427
868	872		(d) removing hair from the face or neck of an individual by using shaving equipment,
869		-	~~427~~
	873	+	428
870	874		including an electric trimmer; and
871		-	~~428~~
	875	+	429
872	876		(e) when providing other services described in this Subsection (1), gently massaging the
873		-	~~429~~
	877	+	430
874	878		head, back of the neck, and shoulders by manual or mechanical means.
875		-	~~430~~
	879	+	431
876	880		(2) An individual may not engage in the practice of barbering unless the individual holds a
877		-	~~431~~
	881	+	432
878	882		barbering permit.
879		-	~~432~~
	883	+	433
880	884		(3) An applicant for a barbering permit shall comply with the requirements in Section
881		-	~~433~~
	885	+	434
882	886		58-11a-302 and:
883		-	~~434~~
	887	+	435
884	888		(a) attend a licensed or recognized school and complete a curriculum that:
885		-	~~435~~
	889	+	436
886	890		(i) covers:
887		-	- 13 - S.B. 330 ~~Enrolled Copy~~
888		-	~~436~~
	891	+	- 13 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
	892	+	437
889	893		(A) hair safety requirements; and
890		-	~~437~~
	894	+	438
891	895		(B) barbering; and
892		-	~~438~~
	896	+	439
893	897		(ii) has a minimum of 130 hours of instruction or the equivalent number of credit
894		-	~~439~~
	898	+	440
895	899		hours; or
896		-	~~440~~
	900	+	441
897	901		(b) complete an approved barber apprenticeship.
898		-	~~441~~
	902	+	442
899	903		(4) If the applicant graduates from a recognized school with less than 130 hours of
900		-	~~442~~
	904	+	443
901	905		instruction, the applicant may count hours practiced as a barber in a jurisdiction other
902		-	~~443~~
	906	+	444
903	907		than Utah to satisfy the 130 total hours requirement.
904		-	~~444~~
	908	+	445
905	909		(5) An individual with a barbering permit may apply credit hours to another license or
906		-	~~445~~
	910	+	446
907	911		permit under this chapter, as allowed in Subsection 58-11a-302(2).
908		-	~~446~~
	912	+	447
909	913		Section 8. Section 58-11a-302.11 is enacted to read:
910		-	~~447~~
	914	+	448
911	915		58-11a-302.11 . Practice of basic esthetics -- Basic esthetics permit --
912		-	~~448~~
	916	+	449
913	917		Qualifications.
914		-	~~449~~
	918	+	450
915	919		(1) The practice of basic esthetics means any one of the following skincare procedures done
916		-	~~450~~
	920	+	451
917	921		on the face or body for cosmetic purposes and not for the treatment of medical, physical,
918		-	~~451~~
	922	+	452
919	923		or mental ailments:
920		-	~~452~~
	924	+	453
921	925		(a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays or
922		-	~~453~~
	926	+	454
923	927		masks, and manual extraction, including a comedone extractor; or
924		-	~~454~~
	928	+	455
925	929		(b) manual hair removal.
926		-	~~455~~
	930	+	456
927	931		(2) An individual may not engage in the practice of basic esthetics unless the individual
928		-	~~456~~
	932	+	457
929	933		holds a basic esthetics permit.
930		-	~~457~~
	934	+	458
931	935		(3) An applicant for a basic esthetics permit shall comply with the requirements in Section
932		-	~~458~~
	936	+	459
933	937		58-11a-302 and:
934		-	~~459~~
	938	+	460
935	939		(a) attend a licensed or recognized school and complete a curriculum that:
936		-	~~460~~
	940	+	461
937	941		(i) covers:
938		-	~~461~~
	942	+	462
939	943		(A) basic esthetics; and
940		-	~~462~~
	944	+	463
941	945		(B) manual hair removal; and
942		-	~~463~~
	946	+	464
943	947		(ii) has a minimum of 200 hours of instruction or the equivalent number of credit
944		-	~~464~~
	948	+	465
945	949		hours; or
946		-	~~465~~
	950	+	466
947	951		(b) complete an approved basic esthetics permit apprenticeship.
948		-	~~466~~
	952	+	467
949	953		(4) If the applicant graduates from a recognized school with less than 200 hours of
950		-	~~467~~
	954	+	468
951	955		instruction, the applicant may count hours practiced as an esthetician in a jurisdiction
952		-	~~468~~
	956	+	469
953	957		other than Utah to satisfy the 200 total hours requirement.
954		-	~~469~~
	958	+	470
955	959		(5) An individual with a basic esthetics permit is not considered an esthetician for purposes
956		-	- 14 - ~~Enrolled Copy~~ S.B. 330
957		-	~~470~~
	960	+	- 14 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
	961	+	471
958	962		of Section 58-1-506.
959		-	~~471~~
	963	+	472
960	964		(6) An individual with a basic esthetics permit may apply credit hours to another license or
961		-	~~472~~
	965	+	473
962	966		permit under this chapter, as allowed in Subsection 58-11a-302(2).
963		-	~~473~~
	967	+	474
964	968		Section 9. Section 58-11a-302.12 is enacted to read:
965		-	~~474~~
	969	+	475
966	970		58-11a-302.12 . Practice of chemical hair services -- Chemical hair services
967		-	~~475~~
	971	+	476
968	972		permit -- Qualifications.
969		-	~~476~~
	973	+	477
970	974		(1) The practice of chemical hair services includes bleaching, tinting, coloring, relaxing,
971		-	~~477~~
	975	+	478
972	976		permanent waving, or similarly treating the hair of the head of an individual.
973		-	~~478~~
	977	+	479
974	978		(2) An individual may not engage in the practice of chemical hair services unless the
975		-	~~479~~
	979	+	480
976	980		individual holds a chemical hair services permit.
977		-	~~480~~
	981	+	481
978	982		(3) An applicant for a chemical hair service permit shall comply with the requirements in
979		-	~~481~~
	983	+	482
980	984		Section 58-11a-302 and:
981		-	~~482~~
	985	+	483
982	986		(a) attend a licensed or recognized school and complete a curriculum that:
983		-	~~483~~
	987	+	484
984	988		(i) covers chemical hair services; and
985		-	~~484~~
	989	+	485
986	990		(ii) has a minimum of 260 hours of instruction or the equivalent number of credit
987		-	~~485~~
	991	+	486
988	992		hours; or
989		-	~~486~~
	993	+	487
990	994		(b) complete an approved chemical hair service apprenticeship.
991		-	~~487~~
	995	+	488
992	996		(4) If the applicant graduates from a recognized school with less than 260 hours of
993		-	~~488~~
	997	+	489
994	998		instruction, the applicant may count hours practiced as a chemical hair service technician
995		-	~~489~~
	999	+	490
996	1000		in a jurisdiction other than Utah to satisfy the 260 total hours requirement.
997		-	~~490~~
	1001	+	491
998	1002		(5) An individual with a chemical hair services permit may apply credit hours to another
999		-	~~491~~
	1003	+	492
1000	1004		license or permit under this chapter, as allowed in Subsection 58-11a-302(2).
1001		-	~~492~~
	1005	+	493
1002	1006		Section 10. Section 58-11a-302.13 is enacted to read:
1003		-	~~493~~
	1007	+	494
1004	1008		58-11a-302.13 . Practice of cosmetology -- Cosmetology license -- Qualifications.
1005		-	~~494~~
	1009	+	495
1006	1010		(1) The practice of cosmetology includes:
1007		-	~~495~~
	1011	+	496
1008	1012		(a) styling, arranging, dressing, curling, waving, cleaning, singeing, bleaching, tinting,
1009		-	~~496~~
	1013	+	497
1010	1014		coloring, permanent waving, or similarly treating the hair of the head of an individual;
1011		-	~~497~~
	1015	+	498
1012	1016		(b) cutting, clipping, or trimming the hair by using scissors, shears, clippers, or other
1013		-	~~498~~
	1017	+	499
1014	1018		appliances;
1015		-	~~499~~
	1019	+	500
1016	1020		(c) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
1017		-	~~500~~
	1021	+	501
1018	1022		drying;
1019		-	~~501~~
	1023	+	502
1020	1024		(d) removing hair from the face or neck of an individual by using shaving equipment;
1021		-	502
1022		-	(e) arching eyebrows by tweezing, tinting eyebrows or eyelashes, or perming eyelashes
1023	1025		503
1024		-	or eyebrows;
1025		-	- 15 - S.B. 330 Enrolled Copy
	1026	+	(e) arching eyebrows by tweezing, tinting eyebrows or eyelashes, perming eyelashes or
1026	1027		504
	1028	+	eyebrows;
	1029	+	- 15 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
	1030	+	505
1027	1031		(f) manual hair removal;
1028		-	~~505~~
	1032	+	506
1029	1033		(g) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays or
1030		-	~~506~~
	1034	+	507
1031	1035		masks, and manual extraction, including a comedone extractor;
1032		-	~~507~~
	1036	+	508
1033	1037		(h) limited chemical exfoliation as defined by administrative rules made by the division;
1034		-	~~508~~
	1038	+	509
1035	1039		(i) cutting, curling, styling, fitting, measuring, or forming caps for wigs and hairpieces
1036		-	~~509~~
	1040	+	510
1037	1041		on the human head;
1038		-	~~510~~
	1042	+	511
1039	1043		(j) practicing hair weaving or hair fusing or servicing previously medically implanted
1040		-	~~511~~
	1044	+	512
1041	1045		hair;
1042		-	~~512~~
	1046	+	513
1043	1047		(k) trimming, cutting, cleaning, manicuring, shaping, massaging hands to elbows and
1044		-	~~513~~
	1048	+	514
1045	1049		feet to knees, or enhancing the appearance of the hands, feet, and nails of an
1046		-	~~514~~
	1050	+	515
1047	1051		individual by using the cosmetologist's hands, mechanical or electrical preparation,
1048		-	~~515~~
	1052	+	516
1049	1053		antiseptic, lotion, or cream;
1050		-	~~516~~
	1054	+	517
1051	1055		(l) natural nail manicures and pedicures;
1052		-	~~517~~
	1056	+	518
1053	1057		(m) applying and removing sculptured or artificial nails; and
1054		-	~~518~~
	1058	+	519
1055	1059		(n) using blades, including corn or callus planer or rasp, for smoothing, shaving, or
1056		-	~~519~~
	1060	+	520
1057	1061		removing dead skin from the feet.
1058		-	~~520~~
	1062	+	521
1059	1063		(2) An individual may not engage in the practice of cosmetology unless the individual holds
1060		-	~~521~~
	1064	+	522
1061	1065		a cosmetology license.
1062		-	~~522~~
	1066	+	523
1063	1067		(3) An applicant for a cosmetology license shall comply with the requirements in Section
1064		-	~~523~~
	1068	+	524
1065	1069		58-11a-302 and:
1066		-	~~524~~
	1070	+	525
1067	1071		(a) attend a licensed or recognized school and complete a curriculum that:
1068		-	~~525~~
	1072	+	526
1069	1073		(i) covers:
1070		-	~~526~~
	1074	+	527
1071	1075		(A) barbering;
1072		-	~~527~~
	1076	+	528
1073	1077		(B) haircutting;
1074		-	~~528~~
	1078	+	529
1075	1079		(C) chemical hair services;
1076		-	~~529~~
	1080	+	530
1077	1081		(D) manual hair removal;
1078		-	~~530~~
	1082	+	531
1079	1083		(E) eyelash and eyebrow technology, except for eyelash extensions;
1080		-	~~531~~
	1084	+	532
1081	1085		(F) basic esthetics; and
1082		-	~~532~~
	1086	+	533
1083	1087		(G) nail technology; and
1084		-	~~533~~
	1088	+	534
1085	1089		(ii) has a minimum of 1,250 hours of instruction or the equivalent number of credit
1086		-	~~534~~
	1090	+	535
1087	1091		hours; or
1088		-	~~535~~
	1092	+	536
1089	1093		(b) complete an approved cosmetologist apprenticeship.
1090		-	~~536~~
	1094	+	537
1091	1095		(4) If the applicant graduates from a recognized school with less than 1,250 hours of
1092		-	~~537~~
	1096	+	538
1093	1097		instruction, the applicant may count hours practiced as a cosmetologist in a jurisdiction
1094		-	- 16 - ~~Enrolled Copy~~ S.B. 330
1095		-	~~538~~
	1098	+	- 16 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
	1099	+	539
1096	1100		other than Utah to satisfy the 1,250 total hours requirement.
1097		-	~~539~~
	1101	+	540
1098	1102		(5) An individual with a cosmetology license may be known as a cosmetologist or a barber.
1099		-	~~540~~
	1103	+	541
1100	1104		(6) An individual with a cosmetology license may apply credit hours to another license or
1101		-	~~541~~
	1105	+	542
1102	1106		permit under this chapter, as allowed in Subsection 58-11a-302(2).
1103		-	~~542~~
	1107	+	543
1104	1108		Section 11. Section 58-11a-302.14 is enacted to read:
1105		-	~~543~~
	1109	+	544
1106	1110		58-11a-302.14 . Practice of electrology -- Electrology license -- Qualifications.
1107		-	~~544~~
	1111	+	545
1108	1112		(1) The practice of electrology includes removing superfluous hair:
1109		-	~~545~~
	1113	+	546
1110	1114		(a) from the body and face of an individual by using electricity, waxing, shaving, or
1111		-	~~546~~
	1115	+	547
1112	1116		tweezing; and
1113		-	~~547~~
	1117	+	548
1114	1118		(b) by using a laser pursuant to requirements described in Section 58-1-506.
1115		-	~~548~~
	1119	+	549
1116	1120		(2) An individual may not engage in the practice of electrology unless the individual holds
1117		-	~~549~~
	1121	+	550
1118	1122		an electrology license.
1119		-	~~550~~
	1123	+	551
1120	1124		(3) An applicant for an electrology license shall comply with the requirements of Section
1121		-	~~551~~
	1125	+	552
1122	1126		58-11a-302 and:
1123		-	~~552~~
	1127	+	553
1124	1128		(a) attend a licensed or recognized school and complete a curriculum that:
1125		-	~~553~~
	1129	+	554
1126	1130		(i) covers:
1127		-	~~554~~
	1131	+	555
1128	1132		(A) laser hair removal;
1129		-	~~555~~
	1133	+	556
1130	1134		(B) electrolysis; and
1131		-	~~556~~
	1135	+	557
1132	1136		(C) waxing; and
1133		-	~~557~~
	1137	+	558
1134	1138		(ii) has a minimum of 600 hours of instruction or the equivalent number of credit
1135		-	~~558~~
	1139	+	559
1136	1140		hours; or
1137		-	~~559~~
	1141	+	560
1138	1142		(b) complete an approved electrology technician apprenticeship.
1139		-	~~560~~
	1143	+	561
1140	1144		(4) If the applicant graduates from a recognized school with less than 600 hours of
1141		-	~~561~~
	1145	+	562
1142	1146		instruction, the applicant may count hours practiced as a licensed electrologist in a
1143		-	~~562~~
	1147	+	563
1144	1148		jurisdiction other than Utah to satisfy the 600 total hours requirement.
1145		-	~~563~~
	1149	+	564
1146	1150		(5) An individual with an electrology license may apply credit hours to another license or
1147		-	~~564~~
	1151	+	565
1148	1152		permit under this chapter, as allowed in Subsection 58-11a-302(2).
1149		-	~~565~~
	1153	+	566
1150	1154		Section 12. Section 58-11a-302.15 is enacted to read:
1151		-	~~566~~
	1155	+	567
1152	1156		58-11a-302.15 . Practice of eyelash and eyebrow technology -- Eyelash and
1153		-	~~567~~
	1157	+	568
1154	1158		eyebrow technology license -- Qualifications.
1155		-	~~568~~
	1159	+	569
1156	1160		(1) The practice of eyelash and eyebrow technology includes arching eyebrows by tweezing
1157		-	~~569~~
	1161	+	570
1158	1162		or waxing, tinting eyelashes or eyebrows, facial waxing, perming eyelashes or
1159		-	~~570~~
	1163	+	571
1160	1164		eyebrows, and applying eyelash or eyebrow extensions.
1161		-	~~571~~
	1165	+	572
1162	1166		(2) An individual may not engage in the practice of eyelash and eyebrow technology unless
1163		-	- 17 - S.B. 330 ~~Enrolled Copy~~
1164		-	~~572~~
	1167	+	- 17 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
	1168	+	573
1165	1169		the individual holds an eyelash and eyebrow technology license.
1166		-	~~573~~
	1170	+	574
1167	1171		(3) An applicant for an eyelash and eyebrow technology license shall comply with the
1168		-	~~574~~
	1172	+	575
1169	1173		requirements of Section 58-11a-302 and:
1170		-	~~575~~
	1174	+	576
1171	1175		(a) attend a licensed or recognized school and complete a curriculum that:
1172		-	~~576~~
	1176	+	577
1173	1177		(i) covers eyelash and eyebrow technology; and
1174		-	~~577~~
	1178	+	578
1175	1179		(ii) has a minimum of 270 hours of instruction or the equivalent number of credit
1176		-	~~578~~
	1180	+	579
1177	1181		hours; or
1178		-	~~579~~
	1182	+	580
1179	1183		(b) complete an approved eyelash and eyebrow apprenticeship.
1180		-	~~580~~
	1184	+	581
1181	1185		(4) If the applicant graduates from a recognized school with less than 270 hours of
1182		-	~~581~~
	1186	+	582
1183	1187		instruction, the applicant may count hours practiced as a licensed eyelash and eyebrow
1184		-	~~582~~
	1188	+	583
1185	1189		technician in a jurisdiction other than Utah to satisfy the 270 total hours requirement.
1186		-	~~583~~
	1190	+	584
1187	1191		(5) An individual with an eyelash and eyebrow technology license may apply credit hours
1188		-	~~584~~
	1192	+	585
1189	1193		to another license or permit under this chapter, as allowed in Subsection 58-11a-302(2).
1190		-	~~585~~
	1194	+	586
1191	1195		Section 13. Section 58-11a-302.16 is enacted to read:
1192		-	~~586~~
	1196	+	587
1193	1197		58-11a-302.16 . Practice of facial hair removal -- Facial hair removal permit --
1194		-	~~587~~
	1198	+	588
1195	1199		Qualifications.
1196		-	~~588~~
	1200	+	589
1197	1201		(1) The practice of facial hair removal includes cleansing, applying oil and antiseptics, and
1198		-	~~589~~
	1202	+	590
1199	1203		manual hair removal on the face.
1200		-	~~590~~
	1204	+	591
1201	1205		(2) An individual may not engage in the practice of facial hair removal unless the individual
1202		-	~~591~~
	1206	+	592
1203	1207		holds a facial hair removal permit.
1204		-	~~592~~
	1208	+	593
1205	1209		(3) An applicant for a facial hair removal permit shall comply with the requirements of
1206		-	~~593~~
	1210	+	594
1207	1211		Section 58-11a-302 and:
1208		-	~~594~~
	1212	+	595
1209	1213		(a) attend a licensed or recognized school and complete a curriculum that:
1210		-	~~595~~
	1214	+	596
1211	1215		(i) covers facial hair removal; and
1212		-	~~596~~
	1216	+	597
1213	1217		(ii) has a minimum of 50 hours of instruction or the equivalent number of credit
1214		-	~~597~~
	1218	+	598
1215	1219		hours; or
1216		-	~~598~~
	1220	+	599
1217	1221		(b) complete an approved facial hair removal apprenticeship.
1218		-	~~599~~
	1222	+	600
1219	1223		(4) If the applicant graduates from a recognized school with less than 50 hours of
1220		-	~~600~~
	1224	+	601
1221	1225		instruction, the applicant may count hours practiced as a permitted facial hair removal
1222		-	~~601~~
	1226	+	602
1223	1227		technician in a jurisdiction other than Utah to satisfy the 50 total hours requirement.
1224		-	~~602~~
	1228	+	603
1225	1229		(5) An individual with a facial hair removal permit may apply credit hours to another
1226		-	~~603~~
	1230	+	604
1227	1231		license or permit under this chapter, as allowed in Subsection 58-11a-302(2).
1228		-	~~604~~
	1232	+	605
1229	1233		Section 14. Section 58-11a-302.17 is enacted to read:
1230		-	~~605~~
	1234	+	606
1231	1235		58-11a-302.17 . Practice of haircutting -- Haircutting permit -- Qualifications.
1232		-	- 18 - ~~Enrolled Copy~~ S.B. 330
1233		-	~~606~~
	1236	+	- 18 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
	1237	+	607
1234	1238		(1) The practice of haircutting includes:
1235		-	~~607~~
	1239	+	608
1236	1240		(a) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
1237		-	~~608~~
	1241	+	609
1238	1242		shears, clippers, or other appliances;
1239		-	~~609~~
	1243	+	610
1240	1244		(b) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
1241		-	~~610~~
	1245	+	611
1242	1246		drying;
1243		-	~~611~~
	1247	+	612
1244	1248		(c) hair fusing and extensions; and
1245		-	~~612~~
	1249	+	613
1246	1250		(d) when providing other services described in this Subsection (1), gently massaging the
1247		-	~~613~~
	1251	+	614
1248	1252		head, back of the neck, and shoulders by manual or mechanical means.
1249		-	~~614~~
	1253	+	615
1250	1254		(2) An individual may not engage in the practice of haircutting unless the individual holds a
1251		-	~~615~~
	1255	+	616
1252	1256		haircutting permit.
1253		-	~~616~~
	1257	+	617
1254	1258		(3) An applicant for a haircutting permit shall comply with the requirements of Section
1255		-	~~617~~
	1259	+	618
1256	1260		58-11a-302 and:
1257		-	~~618~~
	1261	+	619
1258	1262		(a) attend a licensed or recognized school and complete a curriculum that:
1259		-	~~619~~
	1263	+	620
1260	1264		(i) covers:
1261		-	~~620~~
	1265	+	621
1262	1266		(A) hair safety requirements; and
1263		-	~~621~~
	1267	+	622
1264	1268		(B) haircutting; and
1265		-	~~622~~
	1269	+	623
1266	1270		(ii) has a minimum of 150 hours of instruction or the equivalent number of credit
1267		-	~~623~~
	1271	+	624
1268	1272		hours; or
1269		-	~~624~~
	1273	+	625
1270	1274		(b) complete an approved haircutting apprenticeship.
1271		-	~~625~~
	1275	+	626
1272	1276		(4) If the applicant graduates from a recognized school with less than 150 hours of
1273		-	~~626~~
	1277	+	627
1274	1278		instruction, the applicant may count hours practiced as a haircutting technician in a
1275		-	~~627~~
	1279	+	628
1276	1280		jurisdiction other than Utah to satisfy the 150 total hours requirement.
1277		-	~~628~~
	1281	+	629
1278	1282		(5) An individual with a haircutting permit may apply credit hours to another license or
1279		-	~~629~~
	1283	+	630
1280	1284		permit under this chapter, as allowed in Subsection 58-11a-302(2).
1281		-	~~630~~
	1285	+	631
1282	1286		Section 15. Section 58-11a-302.18 is enacted to read:
1283		-	~~631~~
	1287	+	632
1284	1288		58-11a-302.18 . Practice of master esthetics -- Master esthetics license --
1285		-	~~632~~
	1289	+	633
1286	1290		Qualifications.
1287		-	~~633~~
	1291	+	634
1288	1292		(1)(a) The practice of master esthetics includes:
1289		-	~~634~~
	1293	+	635
1290	1294		(i) body wraps, as defined by administrative rules made by the division;
1291		-	~~635~~
	1295	+	636
1292	1296		(ii) hydrotherapy, as defined by administrative rules made by the division;
1293		-	636
1294		-	(iii) limited chemical exfoliation and chemical exfoliation, as defined by
1295	1297		637
1296		-	administrative rules made by the division;
	1298	+	(iii) Ĥ→ limited ←Ĥ chemical exfoliation Ĥ→ and chemical exfoliation ←Ĥ , as defined
	1299	+	637a
	1300	+	by administrative rules made by the division;
1297	1301		638
1298	1302		(iv) callous removal by buffing or filing;
1299	1303		639
1300	1304		(v) sanding, including microdermabrasion;
1301		-	- 19 - S.B. 330 ~~Enrolled Copy~~
	1305	+	- 19 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
1302	1306		640
1303	1307		(vi) advanced extraction;
1304	1308		641
1305	1309		(vii) dermaplaning;
1306	1310		642
1307	1311		(viii) other esthetic preparations or procedures that use:
1308	1312		643
1309	1313		(A) the hands; or
1310	1314		644
1311	1315		(B) a mechanical or electrical apparatus that is approved for use by administrative
1312	1316		645
1313	1317		rules made by the division;
1314	1318		646
1315	1319		(ix) the use of a cosmetic medical device to perform nonablative procedures,
1316	1320		647
1317	1321		including:
1318	1322		648
1319	1323		(A) laser hair removal;
1320	1324		649
1321	1325		(B) body contouring;
1322	1326		650
1323	1327		(C) anti-aging resurfacing enhancements; and
1324	1328		651
1325	1329		(D) photo rejuvenation;
1326	1330		652
1327	1331		(x) lymphatic massage by manual or other means as defined by administrative rules
1328	1332		653
1329	1333		made by the division;
1330	1334		654
1331	1335		(xi) manual hair removal;
1332	1336		655
1333	1337		(xii) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays
1334	1338		656
1335	1339		or masks, and manual extraction, including a comedone extractor;
1336	1340		657
1337	1341		(xiii) natural nail manicures and pedicures; and
1338	1342		658
1339	1343		(xiv) eyelash and eyebrow technology.
1340	1344		659
1341	1345		(b) An individual with a master esthetics license may not perform any service described
1342	1346		660
1343	1347		in Subsection (1)(a) for the treatment of medical, physical, or mental ailments.
1344	1348		661
1345		-	(c) An individual with a master esthetics license may perform:
	1349	+	(c) Ĥ→ An individual with a master esthetics license may perform:
	1350	+	661a
	1351	+	(i) [A] a ←Ĥ procedure described in Subsection Ĥ→ s ←Ĥ (1)(a)(ix) Ĥ→ (A)
	1352	+	661b
	1353	+	through (D) ←Ĥ Ĥ→ [shall be performed ] ←Ĥ pursuant to the
1346	1354		662
1347		-	(i) a procedure described in Subsections (1)(a)(ix)(A) through (D) pursuant to the
	1355	+	requirements described in Section 58-1-506 Ĥ→ [.] ; and
	1356	+	662a
	1357	+	(ii) chemical exfoliation pursuant to the supervision requirements established by
	1358	+	662b
	1359	+	administrative rules made by the division in accordance with Title 63G, Chapter 3,
	1360	+	662c
	1361	+	Utah Administrative Rulemaking Act.
	1362	+	662d
	1363	+	(d) Except as required in Subsection (1)(c), a procedure described in this section that
	1364	+	662e
	1365	+	is performed by an individual with a master esthetics license may be performed
	1366	+	662f
	1367	+	without supervision by a medical professional. ←Ĥ
1348	1368		663
1349		-	~~requirements described~~ in ~~Section 58-1-506; and~~
	1369	+	(2) An individual may not engage in the practice of master esthetics unless the individual
1350	1370		664
1351		-	~~(ii) chemical exfoliation pursuant to the supervision requirements established by~~
	1371	+	holds a master esthetics license.
1352	1372		665
1353		-	administrative rules made by the division in accordance with Title 63G, Chapter 3,
	1373	+	(3) An applicant for a master esthetics license shall comply with the requirements of
	1374	+	- 20 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
1354	1375		666
1355		-	~~Utah Administrative Rulemaking Act.~~
	1376	+	Section 58-11a-302 and:
1356	1377		667
1357		-	(d) ~~Except as required in Subsection (1)(c),~~ a ~~procedure described in this section~~ that is
	1378	+	(a) attend a licensed or recognized school and complete a curriculum that:
1358	1379		668
1359		-	~~performed by an individual with a master esthetics license may be performed without~~
	1380	+	(i) covers:
1360	1381		669
1361		-	~~supervision by a medical professional.~~
	1382	+	(A) eyelash and eyebrow technology;
1362	1383		670
1363		-	(2) ~~An individual may not engage in the practice of master esthetics unless the individual~~
	1384	+	(B) cosmetic medical procedures;
1364	1385		671
1365		-	~~holds a master esthetics license.~~
	1386	+	(C) body contouring and lymphatic massage; and
1366	1387		672
1367		-	(3) ~~An applicant for a master esthetics license shall comply with the requirements of~~
	1388	+	(D) advanced skincare; and
1368	1389		673
1369		-	Section 58-11a-302 and:
1370		-	- 20 - Enrolled Copy S.B. 330
	1390	+	(ii) has a minimum of 1,200 hours of instruction or the equivalent number of credit
1371	1391		674
	1392	+	hours; or
	1393	+	675
	1394	+	(b) complete an approved master esthetics apprenticeship.
	1395	+	676
	1396	+	(4) If the applicant graduates from a recognized school with less than 1,200 hours of
	1397	+	677
	1398	+	instruction, the applicant may count hours practiced as an esthetician in a jurisdiction
	1399	+	678
	1400	+	other than Utah to satisfy the 1,200 total hours requirement.
	1401	+	679
	1402	+	(5) An individual with a master esthetics license may apply credit hours to another license
	1403	+	680
	1404	+	or permit under this chapter, as allowed in Subsection 58-11a-302(2).
	1405	+	681
	1406	+	Section 16. Section 58-11a-302.19 is enacted to read:
	1407	+	682
	1408	+	58-11a-302.19 . Practice of master hair design and master barbering -- Master
	1409	+	683
	1410	+	hair design license and master barbering license -- Qualifications.
	1411	+	684
	1412	+	(1) The practice of master hair design and practice of master barbering includes:
	1413	+	685
	1414	+	(a) styling, arranging, dressing, curling, or waving the hair of the head of an individual;
	1415	+	686
	1416	+	(b) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
	1417	+	687
	1418	+	shears, clippers, or other appliances;
	1419	+	688
	1420	+	(c) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
	1421	+	689
	1422	+	drying;
	1423	+	690
	1424	+	(d) hair fusing and extensions;
	1425	+	691
	1426	+	(e) removing hair from the face or neck of an individual by using shaving equipment;
	1427	+	692
	1428	+	(f) cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or
	1429	+	693
	1430	+	both on the human head;
	1431	+	694
	1432	+	(g) practicing hair weaving, hair fusing, or servicing previously medically implanted
	1433	+	695
	1434	+	hair;
	1435	+	696
	1436	+	(h) when providing other services described in this Subsection (1), gently massaging the
	1437	+	697
	1438	+	head, back of the neck, and shoulders by manual or mechanical means; and
	1439	+	698
	1440	+	(i) permanently waving, bleaching, tinting, coloring, relaxing, or similarly treating the
	1441	+	699
	1442	+	hair of the head of an individual.
	1443	+	- 21 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
	1444	+	700
	1445	+	(2) An individual may not engage in the practice of master hair design or master barbering
	1446	+	701
	1447	+	unless the individual holds a master hair design license or master barbering license.
	1448	+	702
	1449	+	(3) An applicant for a master hair design license or master barbering license shall comply
	1450	+	703
	1451	+	with the requirements of Section 58-11a-302 and:
	1452	+	704
1372	1453		(a) attend a licensed or recognized school and complete a curriculum that:
1373		-	~~675~~
	1454	+	705
1374	1455		(i) covers:
1375		-	676
1376		-	(A) eyelash and eyebrow technology;
1377		-	677
1378		-	(B) cosmetic medical procedures;
1379		-	678
1380		-	(C) body contouring and lymphatic massage; and
1381		-	679
1382		-	(D) advanced skincare; and
1383		-	680
1384		-	(ii) has a minimum of 1,200 hours of instruction or the equivalent number of credit
1385		-	681
	1456	+	706
	1457	+	(A) hair safety requirements;
	1458	+	707
	1459	+	(B) haircutting and barbering; and
	1460	+	708
	1461	+	(C) chemical hair services; and
	1462	+	709
	1463	+	(ii) has a minimum of 1,000 hours of instruction or the equivalent number of credit
	1464	+	710
1386	1465		hours; or
1387		-	682
1388		-	(b) complete an approved master esthetics apprenticeship.
1389		-	683
1390		-	(4) If the applicant graduates from a recognized school with less than 1,200 hours of
1391		-	684
1392		-	instruction, the applicant may count hours practiced as an esthetician in a jurisdiction
1393		-	685
1394		-	other than Utah to satisfy the 1,200 total hours requirement.
1395		-	686
1396		-	(5) An individual with a master esthetics license may apply credit hours to another license
1397		-	687
	1466	+	711
	1467	+	(b) complete an approved master hair design or an approved master barbering
	1468	+	712
	1469	+	apprenticeship.
	1470	+	713
	1471	+	(4) If the applicant graduates from a recognized school with less than 1,000 hours of
	1472	+	714
	1473	+	instruction, the applicant may count hours practiced as a licensed master hair design or
	1474	+	715
	1475	+	master barber in a jurisdiction other than Utah to satisfy the 1,000 total hours
	1476	+	716
	1477	+	requirement.
	1478	+	717
	1479	+	(5) An individual with a master hair design license or master barbering license may apply
	1480	+	718
	1481	+	credit hours to another license or permit under this chapter, as allowed in Subsection
	1482	+	719
	1483	+	58-11a-302(2).
	1484	+	720
	1485	+	Section 17. Section 58-11a-302.20 is enacted to read:
	1486	+	721
	1487	+	58-11a-302.20 . Practice of nail technology -- Nail technology license --
	1488	+	722
	1489	+	Qualifications.
	1490	+	723
	1491	+	(1) The practice of nail technology includes:
	1492	+	724
	1493	+	(a) trimming, cutting, cleaning, manicuring, shaping, massaging hands to elbows and
	1494	+	725
	1495	+	feet to knees, or enhancing the appearance of the hands, feet, and nails of an
	1496	+	726
	1497	+	individual by using the nail technician's hands, mechanical or electrical preparation,
	1498	+	727
	1499	+	antiseptic, lotion, or cream;
	1500	+	728
	1501	+	(b) applying and removing sculptured or artificial nails; and
	1502	+	729
	1503	+	(c) using blades, including corn or callus planer or rasp, for smoothing, shaving, or
	1504	+	730
	1505	+	removing dead skin from the feet.
	1506	+	731
	1507	+	(2) An individual may not engage in the practice of nail technology unless the individual
	1508	+	732
	1509	+	holds a nail technology license.
	1510	+	733
	1511	+	(3) An applicant for a nail technology license shall comply with the requirements of Section
	1512	+	- 22 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
	1513	+	734
	1514	+	58-11a-302 and:
	1515	+	735
	1516	+	(a) attend a licensed or recognized school and complete a curriculum that:
	1517	+	736
	1518	+	(i) covers:
	1519	+	737
	1520	+	(A) manicures and pedicures; and
	1521	+	738
	1522	+	(B) artificial nails; and
	1523	+	739
	1524	+	(ii) has a minimum of 300 hours of instruction or the equivalent number of credit
	1525	+	740
	1526	+	hours; or
	1527	+	741
	1528	+	(b) complete an approved nail technology apprenticeship.
	1529	+	742
	1530	+	(4) If the applicant graduates from a recognized school with less than 300 hours of
	1531	+	743
	1532	+	instruction, the applicant may count hours practiced as a licensed nail technician in a
	1533	+	744
	1534	+	jurisdiction other than Utah to satisfy the 300 total hours requirement.
	1535	+	745
	1536	+	(5) An individual with a nail technology license may apply credit hours to another license
	1537	+	746
1398	1538		or permit under this chapter, as allowed in Subsection 58-11a-302(2).
1399		-	688
1400		-	Section 16. Section 58-11a-302.19 is enacted to read:
1401		-	689
1402		-	58-11a-302.19 . Practice of master hair design and master barbering -- Master
1403		-	690
1404		-	hair design license and master barbering license -- Qualifications.
1405		-	691
1406		-	(1) The practice of master hair design and practice of master barbering includes:
1407		-	692
1408		-	(a) styling, arranging, dressing, curling, or waving the hair of the head of an individual;
1409		-	693
1410		-	(b) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
1411		-	694
	1539	+	747
	1540	+	Section 18. Section 58-11a-302.21 is enacted to read:
	1541	+	748
	1542	+	58-11a-302.21 . Licensed instructor -- Qualifications.
	1543	+	749
	1544	+	(1) An applicant for licensure as an instructor shall:
	1545	+	750
	1546	+	(a) submit an application in a form prescribed by the division;
	1547	+	751
	1548	+	(b) subject to Subsection (4), pay a fee determined by the division under Section
	1549	+	752
	1550	+	63J-1-504;
	1551	+	753
	1552	+	(c) provide satisfactory documentation that the applicant is currently licensed or
	1553	+	754
	1554	+	permitted in the discipline that the applicant is seeking to instruct;
	1555	+	755
	1556	+	(d) provide satisfactory documentation that the applicant has completed six months of
	1557	+	756
	1558	+	work experience in the discipline the applicant intends to instruct and:
	1559	+	757
	1560	+	(i) an instructor training program for the discipline for which the applicant is
	1561	+	758
	1562	+	licensed, by a licensed or recognized school for a minimum of 35% of the
	1563	+	759
	1564	+	minimum hours for the license or permit the applicant intends to instruct; or
	1565	+	760
	1566	+	(ii) on-the-job instructor training for the discipline for which the applicant is licensed,
	1567	+	761
	1568	+	by a licensed or recognized school for a minimum of 35% of the minimum hours
	1569	+	762
	1570	+	for the license or permit the applicant intends to instruct; and
	1571	+	763
	1572	+	(e) meet the examination requirement established by administrative rules made by the
	1573	+	764
	1574	+	division.
	1575	+	765
	1576	+	(2) An applicant for an instructor license or permit under this chapter whose education in
	1577	+	766
	1578	+	the discipline for which a license or permit is sought was completed at a foreign school
	1579	+	767
	1580	+	may satisfy the educational requirement for licensure by demonstrating, to the
	1581	+	- 23 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
	1582	+	768
	1583	+	satisfaction of the division, the educational equivalency of the foreign school education
	1584	+	769
	1585	+	with a licensed school under this chapter.
	1586	+	770
	1587	+	(3)(a) An individual may not instruct a discipline unless the individual has an instructor
	1588	+	771
	1589	+	license that allows instruction of that discipline.
	1590	+	772
	1591	+	(b) The division shall make rules establishing which disciplines each type of instructor
	1592	+	773
	1593	+	license may instruct.
	1594	+	774
	1595	+	(4) The division may not charge a fee to an individual applying for licensure as an
	1596	+	775
	1597	+	instructor under this chapter if the individual is a licensed instructor in any other
	1598	+	776
	1599	+	discipline under this chapter.
	1600	+	777
	1601	+	(5) The division may offer any required examination under this section, which is prepared
	1602	+	778
	1603	+	by a national testing organization, in languages in addition to English.
	1604	+	779
	1605	+	(6) For purposes of a national accrediting agency recognized by the United States
	1606	+	780
	1607	+	Department of Education, on-the-job instructor training described in this section is not
	1608	+	781
	1609	+	considered a program.
	1610	+	782
	1611	+	Section 19. Section 58-11a-302.22 is enacted to read:
	1612	+	783
	1613	+	58-11a-302.22 . Licensed school -- Qualifications.
	1614	+	784
	1615	+	(1) An applicant for licensure as a licensed school shall:
	1616	+	785
	1617	+	(a) submit an application in a form prescribed by the division;
	1618	+	786
	1619	+	(b) pay a fee determined by the division under Section 63J-1-504; and
	1620	+	787
	1621	+	(c) provide satisfactory documentation:
	1622	+	788
	1623	+	(i) of appropriate registration with the Division of Corporations and Commercial
	1624	+	789
	1625	+	Code;
	1626	+	790
	1627	+	(ii) of business licensure from the municipality in which the school is located;
	1628	+	791
	1629	+	(iii) that the applicant's physical facilities comply with the requirements established
	1630	+	792
	1631	+	by administrative rules made by the division; and
	1632	+	793
	1633	+	(iv) that the applicant meets the standards established by administrative rules made
	1634	+	794
	1635	+	by the division, including staff, curriculum, and accreditation requirements.
	1636	+	795
	1637	+	(2)(a) Except as provided in Subsection (2)(b), a school licensed or applying for
	1638	+	796
	1639	+	licensure under this chapter shall maintain recognition as an institution of
	1640	+	797
	1641	+	postsecondary study by meeting the following conditions:
	1642	+	798
	1643	+	(i) the school shall admit as a regular student only an individual who has earned a
	1644	+	799
	1645	+	recognized high school diploma or the equivalent of a recognized high school
	1646	+	800
	1647	+	diploma, or who is beyond the age of compulsory high school attendance as
	1648	+	801
	1649	+	prescribed by Title 53G, Chapter 6, Part 2, Compulsory Education; and
	1650	+	- 24 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
	1651	+	802
	1652	+	(ii) the school shall be licensed by name, or in the case of an applicant, shall apply for
	1653	+	803
	1654	+	licensure by name, under this chapter to offer one or more training programs
	1655	+	804
	1656	+	beyond the secondary level.
	1657	+	805
	1658	+	(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
	1659	+	806
	1660	+	division shall establish administrative rules for licensure for a local education agency,
	1661	+	807
	1662	+	technical college, a degree-granting institution with a technical college mission, or
	1663	+	808
	1664	+	private school that primarily serves secondary students.
	1665	+	809
	1666	+	(c) Nothing in this section precludes a local education agency, technical college, a
	1667	+	810
	1668	+	degree-granting institution with a technical college mission, or private school from
	1669	+	811
	1670	+	administering a licensed program for secondary students.
	1671	+	812
	1672	+	(3) A school licensed under this section shall accept credit hours towards graduation for
	1673	+	813
	1674	+	documented, relevant, and substantially equivalent coursework previously completed by:
	1675	+	814
	1676	+	(a) a student that completed only a portion of the student's education while attending a
	1677	+	815
	1678	+	different school or apprenticeship; or
	1679	+	816
	1680	+	(b) an individual licensed or permitted under this chapter, based on the individual's
	1681	+	817
	1682	+	schooling, apprenticeship, or experience.
	1683	+	818
	1684	+	(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
	1685	+	819
	1686	+	consistent with this section, the division may make rules governing the acceptance of
	1687	+	820
	1688	+	credit hours.
	1689	+	821
	1690	+	Section 20. Section 58-11a-302.23 is enacted to read:
	1691	+	822
	1692	+	58-11a-302.23 . Practice of esthetics -- Esthetics license -- Qualifications.
	1693	+	823
	1694	+	(1) Except as provided in Subsection (3), the division may not issue an esthetics license
	1695	+	824
	1696	+	after January 1, 2026.
	1697	+	825
	1698	+	(2) An individual with an esthetics license may perform any of the following skincare
	1699	+	826
	1700	+	procedures done on the face or body for cosmetic purposes and not for the treatment of
	1701	+	827
	1702	+	medical, physical, or mental ailments:
	1703	+	828
	1704	+	(a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or
	1705	+	829
	1706	+	masks, and manual extraction, including a comedone extractor, depilatories, waxes,
	1707	+	830
	1708	+	tweezing, the application of eyelash or eyebrow extensions, natural nail manicures or
	1709	+	831
	1710	+	pedicures, or callous removal by buffing or filing;
	1711	+	832
	1712	+	(b) limited chemical exfoliation as defined by rule;
	1713	+	833
	1714	+	(c) manual hair removal;
	1715	+	834
	1716	+	(d) other esthetic preparations or procedures with the use of the hands, a high-frequency
	1717	+	835
	1718	+	or galvanic electrical apparatus, or a heat lamp;
	1719	+	- 25 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
	1720	+	836
	1721	+	(e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes or eyebrows, or
	1722	+	837
	1723	+	applying eyelash or eyebrow extensions; or
	1724	+	838
	1725	+	(f) subject to the requirements described in Section 58-1-506:
	1726	+	839
	1727	+	(i) laser hair removal;
	1728	+	840
	1729	+	(ii) anti-aging resurfacing enhancements; or
	1730	+	841
	1731	+	(iii) photo rejuvenation.
	1732	+	842
	1733	+	(3) The division shall grant an esthetics license to an individual that completes the
	1734	+	843
	1735	+	requirements described in Subsection (4) and:
	1736	+	844
	1737	+	(a) has registered an esthetics apprenticeship with the division on or before January 1,
	1738	+	845
	1739	+	2026; or
	1740	+	846
	1741	+	(b) has enrolled and started an esthetics program with a licensed school on or before
	1742	+	847
	1743	+	January 1, 2026.
	1744	+	848
	1745	+	(4)(a) An individual described in Subsection (3)(a) shall complete at least 800 hours of
	1746	+	849
	1747	+	apprenticeship training that is supervised by a licensed esthetics instructor who
	1748	+	850
	1749	+	provides one-on-one supervision of the apprentice during the apprenticeship.
	1750	+	851
	1751	+	(b) An individual described in Subsection (3)(b) shall graduate from a licensed school
	1752	+	852
	1753	+	with a minimum of 600 hours or the equivalent number of credit hours.
	1754	+	853
	1755	+	(5) An individual with an esthetics license may apply credit hours to another license or
	1756	+	854
	1757	+	permit under this chapter, as allowed in Subsection 58-11a-302(2).
	1758	+	855
	1759	+	Section 21. Section 58-11a-302.24 is enacted to read:
	1760	+	856
	1761	+	58-11a-302.24 . Practice of barbering -- Barbering license -- Qualifications.
	1762	+	857
	1763	+	(1) Except as provided in Subsection (3), the division may not issue a barbering license
	1764	+	858
	1765	+	after January 1, 2026.
	1766	+	859
	1767	+	(2) An individual with a barbering license may engage in the practice of barbering, which
	1768	+	860
	1769	+	includes:
	1770	+	861
	1771	+	(a) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
	1772	+	862
1412	1773		shears, clippers, or other appliances;
1413		-	~~695~~
1414		-	(c) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
1415		-	~~696~~
	1774	+	863
	1775	+	(b) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
	1776	+	864
1416	1777		drying;
1417		-	697
1418		-	(d) hair fusing and extensions;
1419		-	698
1420		-	(e) removing hair from the face or neck of an individual by using shaving equipment;
1421		-	699
1422		-	(f) cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or
1423		-	700
1424		-	both on the human head;
1425		-	701
1426		-	(g) practicing hair weaving, hair fusing, or servicing previously medically implanted
1427		-	702
1428		-	hair;
1429		-	703
1430		-	(h) when providing other services described in this Subsection (1), gently massaging the
1431		-	704
1432		-	head, back of the neck, and shoulders by manual or mechanical means; and
1433		-	705
1434		-	(i) permanently waving, bleaching, tinting, coloring, relaxing, or similarly treating the
1435		-	706
1436		-	hair of the head of an individual.
1437		-	707
1438		-	(2) An individual may not engage in the practice of master hair design or master barbering
1439		-	- 21 - S.B. 330 Enrolled Copy
1440		-	708
1441		-	unless the individual holds a master hair design license or master barbering license.
1442		-	709
1443		-	(3) An applicant for a master hair design license or master barbering license shall comply
1444		-	710
1445		-	with the requirements of Section 58-11a-302 and:
1446		-	711
1447		-	(a) attend a licensed or recognized school and complete a curriculum that:
1448		-	712
1449		-	(i) covers:
1450		-	713
1451		-	(A) hair safety requirements;
1452		-	714
1453		-	(B) haircutting and barbering; and
1454		-	715
1455		-	(C) chemical hair services; and
1456		-	716
1457		-	(ii) has a minimum of 1,000 hours of instruction or the equivalent number of credit
1458		-	717
1459		-	hours; or
1460		-	718
1461		-	(b) complete an approved master hair design or an approved master barbering
1462		-	719
1463		-	apprenticeship.
1464		-	720
1465		-	(4) If the applicant graduates from a recognized school with less than 1,000 hours of
1466		-	721
1467		-	instruction, the applicant may count hours practiced as a licensed master hair designer or
1468		-	722
1469		-	master barber in a jurisdiction other than Utah to satisfy the 1,000 total hours
1470		-	723
1471		-	requirement.
1472		-	724
1473		-	(5) An individual with a master hair design license or master barbering license may apply
1474		-	725
1475		-	credit hours to another license or permit under this chapter, as allowed in Subsection
1476		-	726
1477		-	58-11a-302(2).
1478		-	727
1479		-	Section 17. Section 58-11a-302.20 is enacted to read:
1480		-	728
1481		-	58-11a-302.20 . Practice of nail technology -- Nail technology license --
1482		-	729
1483		-	Qualifications.
1484		-	730
1485		-	(1) The practice of nail technology includes:
1486		-	731
1487		-	(a) trimming, cutting, cleaning, manicuring, shaping, massaging hands to elbows and
1488		-	732
1489		-	feet to knees, or enhancing the appearance of the hands, feet, and nails of an
1490		-	733
1491		-	individual by using the nail technician's hands, mechanical or electrical preparation,
1492		-	734
1493		-	antiseptic, lotion, or cream;
1494		-	735
1495		-	(b) applying and removing sculptured or artificial nails; and
1496		-	736
1497		-	(c) using blades, including corn or callus planer or rasp, for smoothing, shaving, or
1498		-	737
1499		-	removing dead skin from the feet.
1500		-	738
1501		-	(2) An individual may not engage in the practice of nail technology unless the individual
1502		-	739
1503		-	holds a nail technology license.
1504		-	740
1505		-	(3) An applicant for a nail technology license shall comply with the requirements of Section
1506		-	741
1507		-	58-11a-302 and:
1508		-	- 22 - Enrolled Copy S.B. 330
1509		-	742
1510		-	(a) attend a licensed or recognized school and complete a curriculum that:
1511		-	743
1512		-	(i) covers:
1513		-	744
1514		-	(A) manicures and pedicures; and
1515		-	745
1516		-	(B) artificial nails; and
1517		-	746
1518		-	(ii) has a minimum of 300 hours of instruction or the equivalent number of credit
1519		-	747
1520		-	hours; or
1521		-	748
1522		-	(b) complete an approved nail technology apprenticeship.
1523		-	749
1524		-	(4) If the applicant graduates from a recognized school with less than 300 hours of
1525		-	750
1526		-	instruction, the applicant may count hours practiced as a licensed nail technician in a
1527		-	751
1528		-	jurisdiction other than Utah to satisfy the 300 total hours requirement.
1529		-	752
1530		-	(5) An individual with a nail technology license may apply credit hours to another license
1531		-	753
1532		-	or permit under this chapter, as allowed in Subsection 58-11a-302(2).
1533		-	754
1534		-	Section 18. Section 58-11a-302.21 is enacted to read:
1535		-	755
1536		-	58-11a-302.21 . Licensed instructor -- Qualifications.
1537		-	756
1538		-	(1) An applicant for licensure as an instructor shall:
1539		-	757
1540		-	(a) submit an application in a form prescribed by the division;
1541		-	758
1542		-	(b) subject to Subsection (4), pay a fee determined by the division under Section
1543		-	759
1544		-	63J-1-504;
1545		-	760
1546		-	(c) provide satisfactory documentation that the applicant is currently licensed or
1547		-	761
1548		-	permitted in the discipline that the applicant is seeking to instruct;
1549		-	762
1550		-	(d) provide satisfactory documentation that the applicant has completed six months of
1551		-	763
1552		-	work experience in the discipline the applicant intends to instruct and:
1553		-	764
1554		-	(i) an instructor training program for the discipline for which the applicant is
1555		-	765
1556		-	licensed, by a licensed or recognized school for a minimum of 35% of the
1557		-	766
1558		-	minimum hours for the license or permit the applicant intends to instruct; or
1559		-	767
1560		-	(ii) on-the-job instructor training for the discipline for which the applicant is licensed,
1561		-	768
1562		-	by a licensed or recognized school for a minimum of 35% of the minimum hours
1563		-	769
1564		-	for the license or permit the applicant intends to instruct; and
1565		-	770
1566		-	(e) meet the examination requirement established by administrative rules made by the
1567		-	771
1568		-	division.
1569		-	772
1570		-	(2) An applicant for an instructor license or permit under this chapter whose education in
1571		-	773
1572		-	the discipline for which a license or permit is sought was completed at a foreign school
1573		-	774
1574		-	may satisfy the educational requirement for licensure by demonstrating, to the
1575		-	775
1576		-	satisfaction of the division, the educational equivalency of the foreign school education
1577		-	- 23 - S.B. 330 Enrolled Copy
1578		-	776
1579		-	with a licensed school under this chapter.
1580		-	777
1581		-	(3)(a) An individual may not instruct a discipline unless the individual has an instructor
1582		-	778
1583		-	license that allows instruction of that discipline.
1584		-	779
1585		-	(b) The division shall make rules establishing which disciplines each type of instructor
1586		-	780
1587		-	license may instruct.
1588		-	781
1589		-	(4) The division may not charge a fee to an individual applying for licensure as an
1590		-	782
1591		-	instructor under this chapter if the individual is a licensed instructor in any other
1592		-	783
1593		-	discipline under this chapter.
1594		-	784
1595		-	(5) The division may offer any required examination under this section, which is prepared
1596		-	785
1597		-	by a national testing organization, in languages in addition to English.
1598		-	786
1599		-	(6) For purposes of a national accrediting agency recognized by the United States
1600		-	787
1601		-	Department of Education, on-the-job instructor training described in this section is not
1602		-	788
1603		-	considered a program.
1604		-	789
1605		-	Section 19. Section 58-11a-302.22 is enacted to read:
1606		-	790
1607		-	58-11a-302.22 . Licensed school -- Qualifications.
1608		-	791
1609		-	(1) An applicant for licensure as a licensed school shall:
1610		-	792
1611		-	(a) submit an application in a form prescribed by the division;
1612		-	793
1613		-	(b) pay a fee determined by the division under Section 63J-1-504; and
1614		-	794
1615		-	(c) provide satisfactory documentation:
1616		-	795
1617		-	(i) of appropriate registration with the Division of Corporations and Commercial
1618		-	796
1619		-	Code;
1620		-	797
1621		-	(ii) of business licensure from the municipality in which the school is located;
1622		-	798
1623		-	(iii) that the applicant's physical facilities comply with the requirements established
1624		-	799
1625		-	by administrative rules made by the division; and
1626		-	800
1627		-	(iv) that the applicant meets the standards established by administrative rules made
1628		-	801
1629		-	by the division, including staff, curriculum, and accreditation requirements.
1630		-	802
1631		-	(2)(a) Except as provided in Subsection (2)(b), a school licensed or applying for
1632		-	803
1633		-	licensure under this chapter shall maintain recognition as an institution of
1634		-	804
1635		-	postsecondary study by meeting the following conditions:
1636		-	805
1637		-	(i) the school shall admit as a regular student only an individual who has earned a
1638		-	806
1639		-	recognized high school diploma or the equivalent of a recognized high school
1640		-	807
1641		-	diploma, or who is beyond the age of compulsory high school attendance as
1642		-	808
1643		-	prescribed by Title 53G, Chapter 6, Part 2, Compulsory Education; and
1644		-	809
1645		-	(ii) the school shall be licensed by name, or in the case of an applicant, shall apply for
1646		-	- 24 - Enrolled Copy S.B. 330
1647		-	810
1648		-	licensure by name, under this chapter to offer one or more training programs
1649		-	811
1650		-	beyond the secondary level.
1651		-	812
1652		-	(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1653		-	813
1654		-	division shall establish administrative rules for licensure for a local education agency,
1655		-	814
1656		-	technical college, a degree-granting institution with a technical college mission, or
1657		-	815
1658		-	private school that primarily serves secondary students.
1659		-	816
1660		-	(c) Nothing in this section precludes a local education agency, technical college, a
1661		-	817
1662		-	degree-granting institution with a technical college mission, or private school from
1663		-	818
1664		-	administering a licensed program for secondary students.
1665		-	819
1666		-	(3) A school licensed under this section shall accept credit hours towards graduation for
1667		-	820
1668		-	documented, relevant, and substantially equivalent coursework previously completed by:
1669		-	821
1670		-	(a) a student that completed only a portion of the student's education while attending a
1671		-	822
1672		-	different school or apprenticeship; or
1673		-	823
1674		-	(b) an individual licensed or permitted under this chapter, based on the individual's
1675		-	824
1676		-	schooling, apprenticeship, or experience.
1677		-	825
1678		-	(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
1679		-	826
1680		-	consistent with this section, the division may make rules governing the acceptance of
1681		-	827
1682		-	credit hours.
1683		-	828
1684		-	Section 20. Section 58-11a-302.23 is enacted to read:
1685		-	829
1686		-	58-11a-302.23 . Practice of esthetics -- Esthetics license -- Qualifications.
1687		-	830
1688		-	(1) Except as provided in Subsection (3), the division may not issue an esthetics license
1689		-	831
1690		-	after January 1, 2026.
1691		-	832
1692		-	(2) An individual with an esthetics license may perform any of the following skincare
1693		-	833
1694		-	procedures done on the face or body for cosmetic purposes and not for the treatment of
1695		-	834
1696		-	medical, physical, or mental ailments:
1697		-	835
1698		-	(a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or
1699		-	836
1700		-	masks, and manual extraction, including a comedone extractor, depilatories, waxes,
1701		-	837
1702		-	tweezing, the application of eyelash or eyebrow extensions, natural nail manicures or
1703		-	838
1704		-	pedicures, or callous removal by buffing or filing;
1705		-	839
1706		-	(b) limited chemical exfoliation as defined by rule;
1707		-	840
1708		-	(c) manual hair removal;
1709		-	841
1710		-	(d) other esthetic preparations or procedures with the use of the hands, a high-frequency
1711		-	842
1712		-	or galvanic electrical apparatus, or a heat lamp;
1713		-	843
1714		-	(e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes or eyebrows, or
1715		-	- 25 - S.B. 330 Enrolled Copy
1716		-	844
1717		-	applying eyelash or eyebrow extensions; or
1718		-	845
1719		-	(f) subject to the requirements described in Section 58-1-506:
1720		-	846
1721		-	(i) laser hair removal;
1722		-	847
1723		-	(ii) anti-aging resurfacing enhancements; or
1724		-	848
1725		-	(iii) photo rejuvenation.
1726		-	849
1727		-	(3) The division shall grant an esthetics license to an individual that completes the
1728		-	850
1729		-	requirements described in Subsection (4) and:
1730		-	851
1731		-	(a) has registered an esthetics apprenticeship with the division on or before January 1,
1732		-	852
	1778	+	865
	1779	+	(c) cutting, wet styling, fitting, measuring, or forming caps for wigs and hairpieces on
	1780	+	866
	1781	+	the human head;
	1782	+	867
	1783	+	(d) removing hair from the face or neck of an individual by using shaving equipment;
	1784	+	868
	1785	+	and
	1786	+	869
	1787	+	(e) when providing other services described in this Subsection (2), gently massaging the
	1788	+	- 26 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
	1789	+	870
	1790	+	head, back of the neck, and shoulders by manual or mechanical means.
	1791	+	871
	1792	+	(3) The division shall grant a barbering license to an individual that completes the
	1793	+	872
	1794	+	requirement described in Subsection (4) and:
	1795	+	873
	1796	+	(a) has registered a barbering apprenticeship with the division on or before January 1,
	1797	+	874
1733	1798		2026; or
1734		-	~~853~~
1735		-	(b) has enrolled and started ~~an esthetics~~ program with a licensed school on or before
1736		-	~~854~~
	1799	+	875
	1800	+	(b) has enrolled and started a barbering program with a licensed school on or before
	1801	+	876
1737	1802		January 1, 2026.
1738		-	~~855~~
1739		-	(4)(a) An individual described in Subsection (3)(a) shall complete at least ~~800~~ hours of
1740		-	~~856~~
1741		-	apprenticeship training that is supervised by a licensed ~~esthetics~~ instructor who
1742		-	~~857~~
	1803	+	877
	1804	+	(4)(a) An individual described in Subsection (3)(a) shall complete at least 1,250 hours of
	1805	+	878
	1806	+	apprenticeship training that is supervised by a licensed barbering instructor who
	1807	+	879
1743	1808		provides one-on-one supervision of the apprentice during the apprenticeship.
1744		-	~~858~~
	1809	+	880
1745	1810		(b) An individual described in Subsection (3)(b) shall graduate from a licensed school
1746		-	~~859~~
1747		-	with a minimum of ~~600~~ hours or the equivalent number of credit hours.
1748		-	~~860~~
1749		-	(5) An individual with ~~an esthetics~~ license may apply credit hours to another license or
1750		-	~~861~~
	1811	+	881
	1812	+	with a minimum of 1,000 hours or the equivalent number of credit hours.
	1813	+	882
	1814	+	(5) An individual with a barbering license may apply credit hours to another license or
	1815	+	883
1751	1816		permit under this chapter, as allowed in Subsection 58-11a-302(2).
1752		-	862
1753		-	Section 21. Section 58-11a-302.24 is enacted to read:
1754		-	863
1755		-	58-11a-302.24 . Practice of barbering -- Barbering license -- Qualifications.
1756		-	864
1757		-	(1) Except as provided in Subsection (3), the division may not issue a barbering license
1758		-	865
1759		-	after January 1, 2026.
1760		-	866
1761		-	(2) An individual with a barbering license may engage in the practice of barbering, which
1762		-	867
1763		-	includes:
1764		-	868
1765		-	(a) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
1766		-	869
1767		-	shears, clippers, or other appliances;
1768		-	870
1769		-	(b) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
1770		-	871
1771		-	drying;
1772		-	872
1773		-	(c) cutting, wet styling, fitting, measuring, or forming caps for wigs and hairpieces on
1774		-	873
1775		-	the human head;
1776		-	874
1777		-	(d) removing hair from the face or neck of an individual by using shaving equipment;
1778		-	875
1779		-	and
1780		-	876
1781		-	(e) when providing other services described in this Subsection (2), gently massaging the
1782		-	877
1783		-	head, back of the neck, and shoulders by manual or mechanical means.
1784		-	- 26 - Enrolled Copy S.B. 330
1785		-	878
1786		-	(3) The division shall grant a barbering license to an individual that completes the
1787		-	879
1788		-	requirement described in Subsection (4) and:
1789		-	880
1790		-	(a) has registered a barbering apprenticeship with the division on or before January 1,
1791		-	881
1792		-	2026; or
1793		-	882
1794		-	(b) has enrolled and started a barbering program with a licensed school on or before
1795		-	883
1796		-	January 1, 2026.
1797	1817		884
1798		-	~~(4)(a) An individual described in Subsection (3)(a) shall complete at least 1,250 hours of~~
	1818	+	Section 22. Section 58-11a-302.25 is enacted to read:
1799	1819		885
1800		-	~~apprenticeship training that is supervised by a licensed barbering instructor who~~
	1820	+	58-11a-302.25 . License transitions.
1801	1821		886
1802		-	~~provides one-~~on~~-one supervision of the apprentice during the apprenticeship.~~
	1822	+	Beginning on January 1, 2026:
1803	1823		887
1804		-	(b) ~~An individual described in Subsection (3)(b)~~ shall ~~graduate from~~ a ~~licensed school~~
	1824	+	(1) a cosmetology/barbering license shall be renewed as a cosmetology license;
1805	1825		888
1806		-	~~with~~ a ~~minimum of 1,000 hours or the equivalent number of credit hours.~~
	1826	+	(2) a master-level esthetics license shall be renewed as a master esthetics license;
1807	1827		889
1808		-	(5) ~~An individual with~~ a ~~barbering~~ license ~~may apply credit hours to another~~ license or
	1828	+	(3) a hair design license shall be renewed as a master hair design license or a master
1809	1829		890
1810		-	~~permit under this chapter,~~ ~~as allowed in Subsection 58-11a-302(2).~~
	1830	+	barbering license; Ĥ→ [ and] ←Ĥ
1811	1831		891
1812		-	Section 22. Section 58-11a-302.25 is enacted to read:
	1832	+	(4) an individual with a barbering license may renew the license as a barbering license Ĥ→ [.]
	1833	+	891a
	1834	+	; and
	1835	+	891b
	1836	+	(5) an individual with an esthetics license may renew the license as an esthetics license. ←Ĥ
1813	1837		892
1814		-	58-11a-~~302.25 . License transitions.~~
	1838	+	Section 23. Section 58-11a-303 is amended to read:
1815	1839		893
1816		-	~~Beginning on January 1, 2026:~~
	1840	+	58-11a-303 . Terms of license -- Expiration -- Renewal.
1817	1841		894
1818		-	(1) ~~a cosmetology/barbering~~ license ~~shall be renewed as~~ a ~~cosmetology license;~~
	1842	+	(1)(a) The division shall issue each license under this chapter in accordance with a
1819	1843		895
1820		-	~~(2) a master-level~~ ~~esthetics~~ license ~~shall be renewed as~~ a ~~master esthetics license;~~
	1844	+	two-year renewal cycle established by rule, except that an instructor license is a
1821	1845		896
1822		-	~~(3) a hair design license shall be renewed as a master hair design license or a master~~
	1846	+	one-time certificate and does not expire unless the licensee fails to keep current the
1823	1847		897
1824		-	~~barbering license;~~
	1848	+	license that qualified the licensee to be an instructor under Section [58-11a-302]
1825	1849		898
1826		-	~~(4) an individual with a barbering license may renew the license as a barbering license; and~~
	1850	+	58-11a-302.21.
1827	1851		899
1828		-	(5) ~~an individual with an esthetics license~~ may ~~renew the license~~ as ~~an esthetics license.~~
	1852	+	(b) The division may by rule extend or shorten a renewal period by as much as one year
1829	1853		900
1830		-	~~Section 23. Section 58-11a-303 is amended~~ to ~~read:~~
	1854	+	to stagger the renewal cycles it administers.
1831	1855		901
1832		-	58-11a-303 . Terms of license -- Expiration -- Renewal.
	1856	+	(2) At the time of renewal, a licensed school shall show satisfactory evidence that the
	1857	+	- 27 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
1833	1858		902
1834		-	~~(1)(a)~~ The ~~division shall issue each license under this chapter in accordance with a~~
	1859	+	school meets the standards for that type of school, including staff, curriculum, and
1835	1860		903
1836		-	~~two-year renewal cycle~~ established by rule~~, except that an instructor license is a~~
	1861	+	accreditation requirements, established by rule.
1837	1862		904
1838		-	~~one-time certificate and does not expire~~ unless the licensee ~~fails to keep current the~~
	1863	+	(3) Each license expires on the expiration date shown on the license unless the licensee
1839	1864		905
1840		-	~~license that qualified the licensee to be an instructor under~~ Section [58-~~11a-302]~~
	1865	+	renews it in accordance with Section 58-1-308.
1841	1866		906
1842		-	58-11a-~~302.21.~~
	1867	+	Section 24. Section 58-11a-304 is amended to read:
1843	1868		907
1844		-	~~(b) The division may by rule extend or shorten a renewal period by as much as one year~~
	1869	+	58-11a-304 . Exemptions from licensure.
1845	1870		908
1846		-	to ~~stagger~~ the ~~renewal cycles it administers.~~
	1871	+	In addition to the exemptions from licensure in Section 58-1-307, the following [persons]
1847	1872		909
1848		-	~~(2) At~~ the ~~time~~ of ~~renewal~~, ~~a licensed school shall show satisfactory evidence that the~~
	1873	+	individuals may engage in [the practice of barbering, cosmetology/barbering, hair design,
1849	1874		910
1850		-	~~school meets the standards for that type of school~~, ~~including staff~~, ~~curriculum~~, and
	1875	+	esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow
1851	1876		911
1852		-	accreditation requirements, established by rule.
1853		-	- 27 - S.B. 330 Enrolled Copy
	1877	+	technology] a discipline regulated by this chapter without being licensed under this chapter:
1854	1878		912
1855		-	(3) ~~Each license expires on~~ the ~~expiration date shown on~~ the ~~license unless the licensee~~
	1879	+	(1) [a person ] an individual licensed under the laws of this state to engage in the practice of
1856	1880		913
1857		-	~~renews it~~ in ~~accordance with Section 58-1-308.~~
	1881	+	medicine, surgery, osteopathy, or chiropractic when engaged in the practice of the
1858	1882		914
1859		-	~~Section 24.~~ ~~Section 58-11a-304 is amended to read:~~
	1883	+	profession for which they are licensed;
1860	1884		915
1861		-	~~58-11a-304 . Exemptions from licensure.~~
	1885	+	(2) a commissioned physician or surgeon serving in the armed forces of the United States or
1862	1886		916
1863		-	~~In addition to the exemptions from licensure in Section 58-1-307, the following [persons]~~
	1887	+	another federal agency;
1864	1888		917
1865		-	~~individuals may engage in [~~the ~~practice~~ of ~~barbering, cosmetology/barbering, hair design,~~
	1889	+	(3) a registered nurse, undertaker, or mortician licensed under the laws of this state when
1866	1890		918
	1891	+	engaged in the practice of the profession for which the [person] individual is licensed;
	1892	+	919
	1893	+	(4) [a person ] an individual who visits the state to engage in instructional seminars,
	1894	+	920
	1895	+	advanced classes, trade shows, or competitions of a limited duration;
	1896	+	921
	1897	+	[(5) a person who engages in the practice of barbering, cosmetology/barbering, hair design,
	1898	+	922
1867	1899		esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow
1868		-	919
1869		-	technology] a discipline regulated by this chapter without being licensed under this chapter:
1870		-	920
1871		-	(1) [a person ] an individual licensed under the laws of this state to engage in the practice of
1872		-	921
1873		-	medicine, surgery, osteopathy, or chiropractic when engaged in the practice of the
1874		-	922
1875		-	profession for which they are licensed;
1876	1900		923
1877		-	~~(2) a commissioned physician or surgeon serving in the armed forces of the United States or~~
	1901	+	technology without compensation;]
1878	1902		924
1879		-	~~another federal agency~~;
	1903	+	(5) an individual who engages in a practice regulated by this chapter without compensation;
1880	1904		925
1881		-	(3) a ~~registered nurse,~~ ~~undertaker,~~ or ~~mortician licensed under the laws of this state when~~
	1905	+	(6) [a person ] an individual instructing an adult education class or other educational
1882	1906		926
1883		-	~~engaged in the practice of the profession for which the~~ [~~person~~] ~~individual is~~ licensed;
	1907	+	program directed toward [persons] individuals who are not licensed under this chapter
1884	1908		927
1885		-	~~(4) [a~~ ~~person ] an individual who visits the state~~ to ~~engage in instructional seminars,~~
	1909	+	and that is not intended to train [persons] individuals to become licensed under this
1886	1910		928
1887		-	~~advanced classes~~, ~~trade shows, or competitions of a limited duration;~~
	1911	+	chapter, provided:
1888	1912		929
1889		-	[(5) ~~a person who engages in the practice of barbering,~~ ~~cosmetology/barbering, hair design,~~
	1913	+	(a) an attendee receives no credit toward educational requirements for licensure under
1890	1914		930
	1915	+	this chapter;
	1916	+	931
	1917	+	(b) the instructor informs each attendee in writing that taking such a class or program
	1918	+	932
	1919	+	will not certify or qualify the attendee to perform a service for compensation that
	1920	+	933
	1921	+	requires licensure under this chapter; and
	1922	+	934
	1923	+	(c)(i) the instructor is properly licensed; or
	1924	+	935
	1925	+	(ii) the instructor receives no compensation;
	1926	+	- 28 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
	1927	+	936
	1928	+	(7) [a person ] an individual providing instruction in workshops, seminars, training
	1929	+	937
	1930	+	meetings, or other educational programs whose purpose is to provide continuing
	1931	+	938
	1932	+	professional development [to licensed barbers, cosmetologists/barbers, hair designers,
	1933	+	939
	1934	+	estheticians, master estheticians, electrologists, or nail technicians] to a qualified licensee
	1935	+	940
	1936	+	or permittee regulated by this chapter;
	1937	+	941
	1938	+	(8) [a person ] an individual enrolled in a licensed [barber, cosmetology/barber, or hair
	1939	+	942
	1940	+	design ]school when participating in an on the job training internship under the direct
	1941	+	943
	1942	+	supervision of a [licensed barber, cosmetologist/barber, or hair designer] licensee under
	1943	+	944
	1944	+	this chapter upon completion of a basic program under the standards established by rule
	1945	+	945
	1946	+	by the division in collaboration with the board;
	1947	+	946
	1948	+	(9) [a person enrolled ] an individual registered with the division in an approved
	1949	+	947
	1950	+	apprenticeship pursuant to Section 58-11a-306;
	1951	+	948
	1952	+	(10)(a) an employee of a company that is primarily engaged in the business of selling
	1953	+	949
	1954	+	products used [in the practice of barbering, cosmetology/barbering, hair design,
	1955	+	950
1891	1956		esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow
1892		-	931
1893		-	technology without compensation;]
1894		-	932
1895		-	(5) an individual who engages in a practice regulated by this chapter without compensation;
1896		-	933
1897		-	(6) [a person ] an individual instructing an adult education class or other educational
1898		-	934
1899		-	program directed toward [persons] individuals who are not licensed under this chapter
1900		-	935
1901		-	and that is not intended to train [persons] individuals to become licensed under this
1902		-	936
1903		-	chapter, provided:
1904		-	937
1905		-	(a) an attendee receives no credit toward educational requirements for licensure under
1906		-	938
1907		-	this chapter;
1908		-	939
1909		-	(b) the instructor informs each attendee in writing that taking such a class or program
1910		-	940
1911		-	will not certify or qualify the attendee to perform a service for compensation that
1912		-	941
1913		-	requires licensure under this chapter; and
1914		-	942
1915		-	(c)(i) the instructor is properly licensed; or
1916		-	943
1917		-	(ii) the instructor receives no compensation;
1918		-	944
1919		-	(7) [a person ] an individual providing instruction in workshops, seminars, training
1920		-	945
1921		-	meetings, or other educational programs whose purpose is to provide continuing
1922		-	- 28 - Enrolled Copy S.B. 330
1923		-	946
1924		-	professional development [to licensed barbers, cosmetologists/barbers, hair designers,
1925		-	947
1926		-	estheticians, master estheticians, electrologists, or nail technicians] to a qualified licensee
1927		-	948
1928		-	or permittee regulated by this chapter;
1929		-	949
1930		-	(8) [a person ] an individual enrolled in a licensed [barber, cosmetology/barber, or hair
1931		-	950
1932		-	design ]school when participating in an on the job training internship under the direct
1933	1957		951
1934		-	~~supervision of~~ a ~~[licensed barber, cosmetologist/barber, or hair designer]~~ licensee ~~under~~
	1958	+	technology] by a qualified licensee regulated by this chapter;
1935	1959		952
1936		-	~~this chapter upon completion of~~ a ~~basic program under the standards established by rule~~
	1960	+	(b) [ ]when demonstrating the company's products to a potential customer[,] ; and
1937	1961		953
1938		-	by the ~~division in collaboration with the board;~~
	1962	+	(c) [ ]provided the employee makes no representation to a potential customer that
1939	1963		954
1940		-	~~(9)~~ [a ~~person enrolled~~ ] ~~an individual registered with~~ the ~~division in an approved~~
	1964	+	attending [such a] the demonstration will certify or qualify the attendee to perform a
1941	1965		955
1942		-	~~apprenticeship pursuant to Section 58-11a-306~~;
	1966	+	service for compensation that requires licensure under this chapter;
1943	1967		956
1944		-	(10)(a) an ~~employee of a company that is primarily engaged in the business of selling~~
	1968	+	(11) [a person ] an individual who:
1945	1969		957
1946		-	~~products used~~ [in the practice of barbering, cosmetology/barbering, hair ~~design,~~
	1970	+	(a) is qualified to engage in [the practice of barbering, cosmetology/barbering, hair
1947	1971		958
1948		-	esthetics, master-level esthetics, electrology, nail technology, or eyelash and ~~eyebrow~~
	1972	+	design, esthetics, master-level esthetics, electrology, nail technology, or eyelash and
1949	1973		959
1950		-	technology] by a ~~qualified licensee~~ regulated by this chapter;
	1974	+	eyebrow technology] a practice regulated by this chapter in another jurisdiction as
1951	1975		960
1952		-	~~(b) [ ]when~~ ~~demonstrating~~ the ~~company's products to a potential customer[,]~~ ; ~~and~~
	1976	+	evidenced by licensure, certification, or lawful practice in the other jurisdiction;
1953	1977		961
1954		-	(c) ~~[ ]provided~~ ~~the employee makes no representation to~~ a ~~potential customer that~~
	1978	+	(b) is employed by, or under contract with, a motion picture company; and
1955	1979		962
1956		-	~~attending~~ [~~such a]~~ the ~~demonstration will certify or qualify the attendee to perform a~~
	1980	+	(c) engages in [the practice of barbering, cosmetology/barbering, hair design, esthetics,
1957	1981		963
1958		-	~~service for compensation that requires licensure under this chapter;~~
	1982	+	master-level esthetics, electrology, nail technology, or eyelash and eyebrow
1959	1983		964
1960		-	~~(11) [~~a ~~person ] an individual who~~:
	1984	+	technology] a practice regulated by this chapter in the state:
1961	1985		965
1962		-	(a) ~~is qualified~~ to ~~engage~~ in [the ~~practice~~ of ~~barbering, cosmetology/barbering, hair~~
	1986	+	(i) solely to assist in the production of a motion picture; and
1963	1987		966
1964		-	~~design, esthetics,~~ ~~master-level esthetics,~~ ~~electrology, nail technology,~~ ~~or eyelash and~~
	1988	+	(ii) for no more than 120 days per calendar year;
1965	1989		967
1966		-	~~eyebrow technology~~] ~~a practice regulated by this chapter in another jurisdiction as~~
	1990	+	(12) [a person ] an individual who:
1967	1991		968
1968		-	~~evidenced by licensure, certification, or lawful practice~~ in ~~the other jurisdiction~~;
	1992	+	(a) engages in threading;
1969	1993		969
1970		-	(b) is employed by, or under contract with, a motion picture company; and
	1994	+	(b) engages in hair braiding; and
	1995	+	- 29 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
1971	1996		970
1972		-	(c) ~~engages in [the~~ ~~practice of barbering~~, ~~cosmetology/barbering, hair design, esthetics,~~
	1997	+	[(b)] (c) [unless it is expressly exempted under this section or Section 58-1-307, does not
1973	1998		971
1974		-	~~master-level esthetics,~~ ~~electrology, nail technology,~~ ~~or eyelash~~ and ~~eyebrow~~
	1999	+	engage in other activity requiring licensure under this chapter; and] is not engaged in
1975	2000		972
1976		-	~~technology]~~ a practice ~~regulated by~~ this chapter ~~in the state:~~
	2001	+	a practice that requires a license or permit under this chapter; and
1977	2002		973
1978		-	(i) ~~solely to assist in the production of~~ a ~~motion picture;~~ ~~and~~
	2003	+	(13) [a person ] an individual who:
1979	2004		974
1980		-	(ii) ~~for no more than 120 days per calendar year~~;
	2005	+	(a) dries, styles, arranges, dresses, curls, hot irons, shampoos, or conditions hair;
1981	2006		975
1982		-	(12) ~~[a person ] an individual who:~~
	2007	+	(b) does not cut the hair;
1983	2008		976
1984		-	(a) ~~engages in threading~~;
	2009	+	(c) does not apply dye to alter the color of the hair;
1985	2010		977
1986		-	(b) ~~engages in~~ hair ~~braiding~~; ~~and~~
	2011	+	(d) does not apply reactive chemicals to straighten, curl, or alter the structure of the hair;
1987	2012		978
1988		-	[(~~b)] (c~~) ~~[unless it is expressly exempted under this section~~ or ~~Section 58-1-307, does not~~
	2013	+	(e) engages in thermal styling or scalp treatments;
1989	2014		979
1990		-	engage in other activity requiring licensure under this chapter; and] is not engaged in
1991		-	- 29 - S.B. 330 Enrolled Copy
	2015	+	[(e)] (f) [unless it is expressly exempted under this section or Section 58-1-307, does not
1992	2016		980
1993		-	~~a practice that requires a license or permit~~ under this chapter~~; and~~
	2017	+	engage in other activity requiring licensure under this chapter] is not engaged in a
1994	2018		981
1995		-	~~(13) [~~a ~~person ] an individual who:~~
	2019	+	practice that requires a license or permit under this chapter;
1996	2020		982
1997		-	(a) ~~dries, styles,~~ ~~arranges, dresses,~~ ~~curls, hot irons,~~ ~~shampoos, or conditions~~ hair;
	2021	+	[(f)] (g) provides evidence to the division that the [person] individual has received a hair
1998	2022		983
1999		-	~~(b) does not cut the~~ hair;
	2023	+	safety permit from completing a hair safety program that:
2000	2024		984
2001		-	(c) ~~does not apply dye to alter~~ the ~~color of the hair~~;
	2025	+	(i) is approved by the division;
2002	2026		985
2003		-	(d) ~~does not apply reactive chemicals to straighten, curl, or alter the structure~~ of ~~the hair~~;
	2027	+	(ii) consists of no more than two hours of instruction;
2004	2028		986
2005		-	(e) ~~engages in thermal styling or scalp treatments~~;
	2029	+	(iii) is offered by a provider approved by the division; and
2006	2030		987
2007		-	[(~~e)] (f~~) ~~[unless it is expressly exempted under this section or Section 58-1-307, does not~~
	2031	+	(iv) includes an examination that requires a passing score of 75%; and
2008	2032		988
2009		-	~~engage in other activity requiring licensure under this chapter~~] ~~is not engaged~~ in a
	2033	+	[(g)] (h) displays in a conspicuous location in the [person's] individual's place of business:
2010	2034		989
2011		-	~~practice that requires~~ a ~~license or~~ permit ~~under this chapter~~;
	2035	+	(i) a valid hair safety permit as described in Subsection (13)(f); and
2012	2036		990
2013		-	[(~~f)] (g~~) ~~provides evidence to~~ the ~~division~~ that the [person] individual ~~has received a hair~~
	2037	+	(ii) a sign notifying the public that the [person's] individual providing the services [are
2014	2038		991
2015		-	~~safety permit from completing~~ a ~~hair safety program that:~~
	2039	+	not provided by an individual who has a license under this chapter.] is not licensed
2016	2040		992
2017		-	~~(i) is approved by the division;~~
	2041	+	under this chapter.
2018	2042		993
2019		-	~~(ii) consists of no more than two hours of instruction;~~
	2043	+	Section 25. Section 58-11a-306 is repealed and reenacted to read:
2020	2044		994
2021		-	~~(iii) is offered by a provider approved by the division; and~~
	2045	+	58-11a-306 . Apprenticeship.
2022	2046		995
2023		-	(iv) ~~includes~~ an ~~examination that requires~~ a ~~passing score of 75%; and~~
	2047	+	(1)(a) An approved apprenticeship shall be conducted by a supervisor who:
2024	2048		996
2025		-	[(~~g)] (h~~) ~~displays in a conspicuous location~~ in the ~~[person's] individual's place~~ of ~~business:~~
	2049	+	(i) is licensed under this chapter as an instructor in the discipline of the
2026	2050		997
2027		-	~~(i) a valid hair safety permit as described in Subsection (13)(f)~~; and
	2051	+	apprenticeship; and
2028	2052		998
2029		-	(ii) ~~a sign notifying~~ the ~~public that~~ the ~~[person's] individual providing the services [are~~
	2053	+	(ii) provides one-on-one direct supervision of the apprentice during the
2030	2054		999
2031		-	~~not provided by an individual who has a license under this chapter~~.~~] is not licensed~~
	2055	+	apprenticeship program.
2032	2056		1000
2033		-	~~under this chapter.~~
	2057	+	(b) An apprenticeship supervisor may not provide direct supervision to more than two
2034	2058		1001
2035		-	~~Section 25~~. ~~Section 58-11a-306 is repealed and reenacted to read:~~
	2059	+	apprentices during the apprentice program.
2036	2060		1002
2037		-	~~58-11a-306 .~~ Apprenticeship.
	2061	+	(2) An individual seeking a license or permit through an approved apprenticeship under this
2038	2062		1003
2039		-	(1)(a) An approved apprenticeship shall be conducted by a supervisor who:
	2063	+	chapter shall:
	2064	+	- 30 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
2040	2065		1004
2041		-	(i) ~~is licensed under this chapter as an instructor in~~ the ~~discipline of~~ the
	2066	+	(a) register with the division before beginning the training requirements by:
2042	2067		1005
2043		-	~~apprenticeship; and~~
	2068	+	(i) submitting a form prescribed by the division, which includes the name of the
2044	2069		1006
2045		-	~~(ii) provides one-on-one direct supervision of the apprentice during the~~
	2070	+	licensed instructor supervisor; and
2046	2071		1007
2047		-	~~apprenticeship program.~~
	2072	+	(ii) paying a fee determined by the division under Section 63J-1-504;
2048	2073		1008
2049		-	(b) An apprenticeship ~~supervisor may not provide direct supervision to more than~~ two
	2074	+	(b) complete the apprenticeship within two years of the date on which the division
2050	2075		1009
2051		-	~~apprentices during~~ the ~~apprenticeship program.~~
	2076	+	approves the registration; and
2052	2077		1010
2053		-	(2) ~~An individual seeking a license or permit through an approved apprenticeship under this~~
	2078	+	(c) notify the division within 30 days if the licensed instructor supervisor changes after
2054	2079		1011
2055		-	~~chapter shall:~~
	2080	+	the registration is approved by the division.
2056	2081		1012
2057		-	(a) ~~register with the division before beginning the training requirements by:~~
	2082	+	(3) An individual seeking a license or permit through an approved apprenticeship under this
2058	2083		1013
2059		-	(i) submitting a form prescribed by the division, which includes the name of the
2060		-	- 30 - Enrolled Copy S.B. 330
	2084	+	chapter shall complete a minimum of:
2061	2085		1014
2062		-	~~licensed instructor supervisor~~; ~~and~~
	2086	+	(a) 1,250 apprenticeship hours for a cosmetology license;
2063	2087		1015
2064		-	(ii) ~~paying~~ a ~~fee determined by the division under Section 63J-1-504~~;
	2088	+	(b) 1,200 apprenticeship hours for a master esthetics license;
2065	2089		1016
2066		-	(b) ~~complete the~~ apprenticeship ~~within two years of the date on which the division~~
	2090	+	(c) 1,000 apprenticeship hours for:
2067	2091		1017
2068		-	~~approves the registration~~; ~~and~~
	2092	+	(i) a master barber license; or
2069	2093		1018
2070		-	(c) ~~notify the division within 30 days if the licensed instructor supervisor changes after~~
	2094	+	(ii) a master hair design license;
2071	2095		1019
2072		-	~~the registration is approved by the division.~~
	2096	+	(d) 600 apprenticeship hours for an electrology license;
2073	2097		1020
2074		-	(3) ~~An individual seeking~~ a license ~~or permit through an approved apprenticeship under this~~
	2098	+	(e) 300 apprenticeship hours for a nail technology license;
2075	2099		1021
2076		-	~~chapter shall complete a minimum of:~~
	2100	+	(f) 270 apprenticeship hours for an eyelash and eyebrow technology license;
2077	2101		1022
2078		-	(a) ~~1,250~~ apprenticeship hours for a ~~cosmetology license~~;
	2102	+	(g) 260 apprenticeship hours for a chemical hair services permit;
2079	2103		1023
2080		-	(b) 1,200 apprenticeship hours for a ~~master~~ esthetics ~~license~~;
	2104	+	(h) 200 apprenticeship hours for a basic esthetics permit;
2081	2105		1024
2082		-	(c) ~~1,000~~ apprenticeship hours for:
	2106	+	(i) 150 apprenticeship hours for a haircutting permit;
2083	2107		1025
2084		-	(i) a ~~master barber license~~; or
	2108	+	(j) 130 apprenticeship hours for a barbering permit; or
2085	2109		1026
2086		-	(ii) a ~~master~~ hair ~~design license;~~
	2110	+	(k) 50 apprenticeship hours for a facial hair removal permit.
2087	2111		1027
2088		-	~~(d) 600 apprenticeship hours for an electrology license;~~
	2112	+	Section 26. Section 58-11a-501 is repealed and reenacted to read:
2089	2113		1028
2090		-	~~(e) 300 apprenticeship hours for a nail technology license;~~
	2114	+	58-11a-501 . Unprofessional conduct.
2091	2115		1029
2092		-	~~(f) 270 apprenticeship hours for an eyelash and eyebrow technology license;~~
	2116	+	Unprofessional conduct includes:
2093	2117		1030
2094		-	(g) ~~260 apprenticeship hours for~~ a ~~chemical hair services permit;~~
	2118	+	(1) a licensed school that fails to:
2095	2119		1031
2096		-	(h) ~~200 apprenticeship hours for a basic esthetics permit;~~
	2120	+	(a)(i) obtain or maintain accreditation or comply with the required standard of
2097	2121		1032
2098		-	~~(i) 150 apprenticeship hours for a haircutting permit;~~
	2122	+	accreditation; and
2099	2123		1033
2100		-	(j) ~~130 apprenticeship hours for a barbering permit;~~ or
	2124	+	(ii) have curriculum approved by the division, as required by administrative rules
2101	2125		1034
2102		-	~~(k) 50 apprenticeship hours for a facial hair removal permit.~~
	2126	+	made by the division; or
2103	2127		1035
2104		-	~~Section 26.~~ ~~Section 58-11a-501 is repealed and reenacted~~ to ~~read:~~
	2128	+	(b) provide adequate instruction to enrolled students;
2105	2129		1036
2106		-	~~58-11a-501 . Unprofessional conduct.~~
	2130	+	(2) an apprentice supervisor that fails to:
2107	2131		1037
2108		-	Unprofessional conduct includes:
	2132	+	(a) provide direct supervision to an apprentice; or
	2133	+	- 31 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
2109	2134		1038
2110		-	(1) ~~a licensed school that fails~~ to:
	2135	+	(b) comply with division rules relating to apprenticeship programs under this chapter;
2111	2136		1039
2112		-	(~~a)(i~~) ~~obtain or maintain accreditation or comply with the required standard of~~
	2137	+	(3) an instructor that fails to provide direct supervision to students who are providing
2113	2138		1040
2114		-	~~accreditation~~; ~~and~~
	2139	+	services to an individual under the instructor's supervision;
2115	2140		1041
2116		-	(ii) ~~have curriculum approved by~~ the ~~division~~, ~~as required by administrative rules~~
	2141	+	(4) a person that keeps a salon or school, or the salon or school's furnishings, tools, utensils,
2117	2142		1042
2118		-	~~made by the division;~~ or
	2143	+	linen, or appliances in an unsanitary condition;
2119	2144		1043
2120		-	(b) ~~provide adequate instruction~~ to ~~enrolled students;~~
	2145	+	(5) an individual licensed or permitted under this chapter that fails to:
2121	2146		1044
2122		-	(2) ~~an apprenticeship supervisor that fails to:~~
	2147	+	(a) comply with Title 26B, Utah Health and Human Services Code;
2123	2148		1045
2124		-	(a) ~~provide direct supervision to an apprentice;~~ or
	2149	+	(b) display a license or permit as required under Section 58-11a-305;
2125	2150		1046
2126		-	(b) comply with ~~division~~ rules ~~relating to apprenticeship programs under this chapter;~~
	2151	+	(c) comply with physical facility requirements established by administrative rules made
2127	2152		1047
2128		-	(3) an instructor that fails to provide direct supervision to students who are providing
2129		-	- 31 - S.B. 330 Enrolled Copy
	2153	+	by the division;
2130	2154		1048
2131		-	~~services to an individual under the instructor's supervision~~;
	2155	+	(d) maintain mechanical or electrical equipment in safe operating condition;
2132	2156		1049
2133		-	(4) ~~a person that keeps a salon or school~~, or ~~the salon or school's furnishings, tools, utensils,~~
	2157	+	(e) adequately monitor patrons using steam rooms, dry heat rooms, baths, showers, or
2134	2158		1050
2135		-	~~linen, or appliances in an unsanitary condition~~;
	2159	+	saunas;
2136	2160		1051
2137		-	(5) ~~an individual licensed~~ or ~~permitted under this chapter that fails to:~~
	2161	+	(f) comply with all applicable state and local health or sanitation laws; or
2138	2162		1052
2139		-	(a) comply with ~~Title 26B,~~ ~~Utah Health and Human Services Code;~~
	2163	+	(g) comply with a judgment order from a court of competent jurisdiction regarding a
2140	2164		1053
2141		-	~~(b) display a license~~ or ~~permit as required under Section 58-11a-305;~~
	2165	+	disagreement over tuition or education costs in relation to the requirements outlined
2142	2166		1054
2143		-	~~(c) comply with physical facility requirements established by administrative rules made~~
	2167	+	in this chapter;
2144	2168		1055
2145		-	~~by the division;~~
	2169	+	(6) an individual licensed or permitted under this chapter:
2146	2170		1056
2147		-	(d) ~~maintain mechanical~~ or ~~electrical equipment in safe operating condition~~;
	2171	+	(a) prescribing or administering prescription drugs;
2148	2172		1057
2149		-	(e) ~~adequately monitor patrons using steam rooms, dry heat rooms, baths, showers,~~ or
	2173	+	(b) engaging in any act or practice in a professional capacity that is outside of the
2150	2174		1058
2151		-	~~saunas~~;
	2175	+	applicable scope of practice;
2152	2176		1059
2153		-	(f) ~~comply with all applicable state and local health~~ or ~~sanitation laws;~~ or
	2177	+	(c) engaging in any act or practice in a professional capacity that the individual is not
2154	2178		1060
2155		-	~~(g) comply with a judgment order from a court of~~ competent ~~jurisdiction regarding a~~
	2179	+	competent to perform through education or training; or
2156	2180		1061
2157		-	~~disagreement over tuition~~ or ~~education costs in relation to~~ the ~~requirements outlined~~
	2181	+	(d) removing proximal nail fold by e-file or other tool or inserting tools beneath the
2158	2182		1062
2159		-	~~in this chapter~~;
	2183	+	eponychium;
2160	2184		1063
2161		-	(6) an individual ~~licensed or permitted~~ under ~~this chapter:~~
	2185	+	(7) unless the individual is under the supervision of a licensed health care practitioner
2162	2186		1064
2163		-	~~(a) prescribing~~ or ~~administering prescription drugs;~~
	2187	+	acting within the scope of the health care practitioner's license, an individual licensed or
2164	2188		1065
2165		-	~~(b) engaging in any act or practice in~~ a ~~professional capacity that is outside of the~~
	2189	+	permitted under this chapter, while using a chemical exfoliant:
2166	2190		1066
2167		-	~~applicable scope~~ of ~~practice;~~
	2191	+	(a) using any acid, concentration of acid, or combination of treatments that violate the
2168	2192		1067
2169		-	~~(c) engaging in any act or practice in a professional capacity that~~ the ~~individual is not~~
	2193	+	standards established by administrative rules made by the division;
2170	2194		1068
2171		-	~~competent to perform through education or training~~; or
	2195	+	(b) removing any layer of skin deeper than the stratum corneum of the epidermis; or
2172	2196		1069
2173		-	(d) ~~removing proximal nail fold by e-file~~ or ~~other tool or inserting tools beneath the~~
	2197	+	(c) using an exfoliant that contains phenol, trichloroacetic acid of over 15%, or
2174	2198		1070
2175		-	~~eponychium~~;
	2199	+	Ĥ→ [bicinchoninic] bichloroacetic ←Ĥ acid;
2176	2200		1071
2177		-	(7) unless the individual is under the supervision of a licensed health care practitioner
	2201	+	(8) while sanding the skin, an individual licensed or permitted under this chapter, removing
	2202	+	- 32 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
2178	2203		1072
2179		-	~~acting within~~ the ~~scope~~ of the ~~health care practitioner's license~~, an individual ~~licensed or~~
	2204	+	any layer of skin deeper than the stratum corneum of the epidermis, unless the individual
2180	2205		1073
2181		-	~~permitted~~ under ~~this chapter,~~ ~~while using~~ a ~~chemical exfoliant:~~
	2206	+	is under the supervision of a licensed health care practitioner acting within the scope of
2182	2207		1074
2183		-	~~(a) using any acid,~~ ~~concentration of acid, or combination of treatments that violate the~~
	2208	+	the health care practitioner's license;
2184	2209		1075
2185		-	~~standards established by administrative rules made by the division;~~
	2210	+	(9) using any laser procedure or intense, pulsed light source, besides a nonprescriptive laser
2186	2211		1076
2187		-	~~(b) removing any layer of skin deeper than the stratum corneum of the epidermis;~~ or
	2212	+	device, unless authorized to do so by an individual's license or permit in this chapter;
2188	2213		1077
2189		-	(c) ~~using~~ an ~~exfoliant that contains phenol,~~ ~~trichloroacetic acid of over 15%, or~~
	2214	+	(10) marketing or distinguishing an establishment as a school if the establishment is not
2190	2215		1078
2191		-	~~bichloroacetic acid~~;
	2216	+	licensed as a school under this chapter; and
2192	2217		1079
2193		-	(8) ~~while sanding the skin, an individual licensed~~ or ~~permitted under this chapter~~, ~~removing~~
	2218	+	(11) claiming or advertising unrealistic results for body contouring, including alleviation of
2194	2219		1080
2195		-	~~any layer of skin deeper than the stratum corneum of the epidermis, unless the individual~~
	2220	+	psychological distress.
2196	2221		1081
2197		-	is under the supervision of a licensed health care practitioner acting within the scope of
2198		-	- 32 - Enrolled Copy S.B. 330
	2222	+	Section 27. Section 58-11a-503 is amended to read:
2199	2223		1082
2200		-	~~the health care practitioner's license;~~
	2224	+	58-11a-503 . Penalties.
2201	2225		1083
2202		-	(9) ~~using any laser procedure or intense~~, ~~pulsed light source,~~ ~~besides a nonprescriptive laser~~
	2226	+	(1) Unless Subsection (2) applies, an individual who commits an act of unlawful conduct
2203	2227		1084
2204		-	~~device, unless authorized~~ to ~~do so by an individual's license or permit in~~ this ~~chapter;~~
	2228	+	under Section 58-11a-502 or who fails to comply with a citation issued under this
2205	2229		1085
2206		-	~~(10) marketing or distinguishing an establishment as~~ a ~~school if the establishment is not~~
	2230	+	section after [it] the citation is final is guilty of a class A misdemeanor.
2207	2231		1086
2208		-	~~licensed as a school under this chapter;~~ and
	2232	+	(2) Sexual conduct that violates Section 58-11a-502 and Title 76, Utah Criminal Code, shall
2209	2233		1087
2210		-	~~(11) claiming or advertising unrealistic results for body contouring~~, ~~including alleviation of~~
	2234	+	be subject to the applicable penalties in Title 76, Utah Criminal Code.
2211	2235		1088
2212		-	~~psychological distress.~~
	2236	+	(3) Grounds for immediate suspension of [a licensee's] an individual's license or permit by
2213	2237		1089
2214		-	~~Section 27.~~ ~~Section~~ 58-11a-~~503 is amended to read:~~
	2238	+	the division include the issuance of a citation for violation of Subsection 58-11a-502(1),
2215	2239		1090
2216		-	~~58-11a-503~~ . ~~Penalties.~~
	2240	+	(3), (4), (5), or (6).
2217	2241		1091
2218		-	(1) ~~Unless Subsection (2) applies~~, ~~an individual who commits~~ an ~~act of unlawful conduct~~
	2242	+	(4)[(a)] If upon inspection or investigation, the division concludes that [a person] an
2219	2243		1092
2220		-	~~under Section~~ 58-11a-502 or ~~who fails to comply with a citation issued under this~~
	2244	+	individual has violated the provisions of Subsection 58-11a-502(1), (3), (4), (5), or (6),
2221	2245		1093
2222		-	~~section after [it] the citation is final is guilty of~~ a ~~class A misdemeanor.~~
	2246	+	or a rule or order issued with respect to Subsection 58-11a-502(1), (3), (4), (5), or (6),
2223	2247		1094
2224		-	~~(2) Sexual conduct~~ that ~~violates Section 58-11a-502 and Title 76~~, ~~Utah Criminal Code,~~ ~~shall~~
	2248	+	and that disciplinary action is appropriate, the director or the director's designee from
2225	2249		1095
2226		-	~~be subject~~ to the ~~applicable penalties in Title 76, Utah Criminal Code.~~
	2250	+	within the division shall promptly issue a citation to [the person] the individual
2227	2251		1096
2228		-	~~(3) Grounds for immediate suspension of [~~a ~~licensee's] an individual's license or permit by~~
	2252	+	according to this chapter and any pertinent rules, attempt to negotiate a stipulated
2229	2253		1097
2230		-	~~the division include~~ the ~~issuance of a citation for violation of Subsection 58-11a-502(1),~~
	2254	+	settlement, or notify the [person] individual to appear before an adjudicative
2231	2255		1098
2232		-	~~(3)~~, (4), ~~(5), or (6)~~.
	2256	+	proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
2233	2257		1099
2234		-	~~(4)~~[(a)] ~~If upon inspection or investigation, the division concludes that~~ [a person] an
	2258	+	[(i)] (5) [A person who] An individual that is in violation of Subsection 58-11a-502(1), (3),
2235	2259		1100
2236		-	~~individual has violated the provisions of Subsection 58-11a-502(1), (3),~~ (4), (5), or (6),
	2260	+	(4), (5), or (6), as evidenced by an uncontested citation, a stipulated settlement, or [by a ]
2237	2261		1101
2238		-	or a ~~rule or order issued with respect~~ to ~~Subsection 58-11a-502(1), (3), (4), (5), or (6),~~
	2262	+	finding of violation in an adjudicative proceeding, may be assessed a fine [pursuant to] in
2239	2263		1102
2240		-	and ~~that disciplinary action is appropriate~~, ~~the director~~ or ~~the director's designee from~~
	2264	+	accordance with this Subsection [(4)] (5) and may, in addition to or in lieu of a fine, be
2241	2265		1103
2242		-	~~within the division shall promptly issue a citation~~ to ~~[the person]~~ ~~the individual~~
	2266	+	ordered to cease and desist from violating Subsection 58-11a-502(1), (3), (4), (5), or (6).
2243	2267		1104
2244		-	~~according to this chapter~~ and ~~any pertinent rules~~, ~~attempt to negotiate a stipulated~~
	2268	+	[(ii)] (6) Except for a cease and desist order, the licensure sanctions [cited] described in
2245	2269		1105
2246		-	settlement, or notify the [person] individual to appear before an adjudicative
	2270	+	Section 58-11a-401 may not be assessed through a citation.
	2271	+	- 33 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
2247	2272		1106
2248		-	~~proceeding conducted under Title 63G,~~ ~~Chapter 4,~~ ~~Administrative Procedures Act.~~
	2273	+	(7)[(b)] (a)[(i)] Each citation shall be in writing and describe with particularity the
2249	2274		1107
2250		-	~~[(i)] (5) [A person who] An individual that is in violation~~ of ~~Subsection 58-11a-502(1)~~, ~~(3)~~,
	2275	+	nature of the violation, including a reference to the provision of the chapter, rule,
2251	2276		1108
2252		-	~~(4), (5),~~ or ~~(6), as evidenced by an uncontested citation, a stipulated settlement, or [by a ]~~
	2277	+	or order alleged to have been violated.
2253	2278		1109
2254		-	~~finding of violation~~ in ~~an adjudicative proceeding, may be assessed a fine [pursuant to] in~~
	2279	+	[(ii)] (b) The citation shall clearly state that the recipient must notify the division in
2255	2280		1110
2256		-	~~accordance with this Subsection [(4)] (5) and may, in addition to or in lieu~~ of ~~a fine,~~ be
	2281	+	writing within 20 calendar days of service of the citation if the recipient wishes to
2257	2282		1111
2258		-	~~ordered to cease and desist from violating Subsection 58-11a-502(1)~~, ~~(3)~~, ~~(4), (5), or (6).~~
	2283	+	contest the citation at a hearing conducted under Title 63G, Chapter 4,
2259	2284		1112
2260		-	~~[(ii)] (6) Except for a cease and desist order, the licensure sanctions [cited] described in~~
	2285	+	Administrative Procedures Act.
2261	2286		1113
2262		-	~~Section 58-11a-401 may not be assessed through a~~ citation.
	2287	+	[(iii)] (c) The citation shall clearly explain the consequences of failure to timely contest
2263	2288		1114
2264		-	~~(7)[(b)] (a)[(i)] Each~~ citation ~~shall be in writing and describe with particularity~~ the
	2289	+	the citation or to make payment of a fine assessed by the citation within the time
2265	2290		1115
2266		-	nature of the violation, including a reference to the provision of the chapter, rule,
2267		-	- 33 - S.B. 330 Enrolled Copy
	2291	+	specified in the citation.
2268	2292		1116
2269		-	or ~~order alleged to have been violated.~~
	2293	+	[(c)] (d) Each citation issued under this section, or a copy of each citation, may be served
2270	2294		1117
2271		-	[~~(ii)~~] ~~(b) The citation shall clearly state that the recipient must notify the division~~ in
	2295	+	upon [a person] an individual upon whom a summons may be served in accordance
2272	2296		1118
2273		-	~~writing within 20 calendar days~~ of ~~service of~~ the ~~citation if the recipient wishes to~~
	2297	+	with the Utah Rules of Civil Procedure and may be made personally or upon the [
2274	2298		1119
2275		-	~~contest the citation at~~ a ~~hearing conducted under Title 63G,~~ ~~Chapter 4,~~
	2299	+	person's] individual's agent by a division investigator or by [a person] an individual
2276	2300		1120
	2301	+	specially designated by the director or by mail.
	2302	+	1121
	2303	+	[(d)] (e)(i) If within 20 calendar days from the service of a citation, the [person to
	2304	+	1122
	2305	+	whom] individual to which the citation was issued fails to request a hearing to
	2306	+	1123
	2307	+	contest the citation, the citation becomes the final order of the division and is not
	2308	+	1124
	2309	+	subject to further agency review.
	2310	+	1125
	2311	+	(ii) The period to contest a citation may be extended by the division for cause.
	2312	+	1126
	2313	+	[(e)] (f) The division may refuse to issue or renew, suspend, revoke, or place on
	2314	+	1127
	2315	+	probation the [license of a licensee who] license or permit of an individual that fails to
	2316	+	1128
	2317	+	comply with a citation after [it] the citation becomes final.
	2318	+	1129
	2319	+	[(f)] (g) The failure of an applicant for licensure to comply with a citation after [it] the
	2320	+	1130
	2321	+	citation becomes final is a ground for denial of license.
	2322	+	1131
	2323	+	[(g)] (h) [No citation may be issued ] The director or the director's designee from within
	2324	+	1132
	2325	+	the division may not issue a citation under this section [after the expiration of] more
	2326	+	1133
	2327	+	than one year [following] after the date on which the violation that is the subject of
	2328	+	1134
	2329	+	the citation is reported to the division.
	2330	+	1135
	2331	+	[(h)] (i) [Fines shall be assessed by the director or the director's designee according to the
	2332	+	1136
	2333	+	following:] The director or the director's designee shall assess fines as follows:
	2334	+	1137
	2335	+	(i) for a first offense under Subsection [(4)(a)] (4), a fine of up to $1,000;
	2336	+	1138
	2337	+	(ii) for a second offense under Subsection [(4)(a)] (4), a fine of up to $2,000; and
	2338	+	1139
	2339	+	(iii) for any subsequent offense under Subsection [(4)(a)] (4), a fine of up to $2,000
	2340	+	- 34 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
	2341	+	1140
	2342	+	for each day of continued offense.
	2343	+	1141
	2344	+	[(i)] (j)[(i)] For purposes of issuing a final order under this section and assessing a
	2345	+	1142
	2346	+	fine under Subsection [(4)(h)] (7)(i), an offense constitutes a second or subsequent
	2347	+	1143
	2348	+	offense if:
	2349	+	1144
	2350	+	[(A)] (i) the division previously issued a final order determining that [a person] an
	2351	+	1145
	2352	+	individual committed a first or second offense in violation of Subsection
	2353	+	1146
	2354	+	58-11a-502(1), (3), (4), (5), or (6); or
	2355	+	1147
	2356	+	[(B)] (ii)[(I)] (A) the division initiated an action for a first or second offense;
	2357	+	1148
	2358	+	[(II)] (B) no final order has been issued by the division in the action initiated under
	2359	+	1149
	2360	+	Subsection [(4)(i)(i)(B)(I)] (7)(j)(ii)(A);
	2361	+	1150
	2362	+	[(III)] (C) the division determines during an investigation that occurred after the
	2363	+	1151
	2364	+	initiation of the action under Subsection [(4)(i)(i)(B)(I)] (7)(j)(ii)(A) that the [
	2365	+	1152
	2366	+	person] individual committed a second or subsequent violation of Subsection
	2367	+	1153
	2368	+	58-11a-502(1), (3), (4), (5), or (6); and
	2369	+	1154
	2370	+	[(IV)] (D) after determining that the [person] individual committed a second or
	2371	+	1155
	2372	+	subsequent offense under Subsection [(4)(i)(i)(B)(III)] (7)(j)(ii)(C), the division
	2373	+	1156
	2374	+	issues a final order on the action initiated under Subsection [(4)(i)(i)(B)(I)]
	2375	+	1157
	2376	+	(7)(j)(ii)(A).
	2377	+	1158
	2378	+	[(ii)] (k) In issuing a final order for a second or subsequent offense under Subsection [
	2379	+	1159
	2380	+	(4)(i)(i)] (7)(j), the division shall comply with the requirements of this section.
	2381	+	1160
	2382	+	[(5)] (8)(a) A penalty imposed by the director under Subsection [(4)(h)] (7)(i) shall be
	2383	+	1161
	2384	+	deposited into the [Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail
	2385	+	1162
	2386	+	Technician Education and Enforcement Fund] Cosmetology and Associated
	2387	+	1163
	2388	+	Professions Education and Enforcement Fund.
	2389	+	1164
	2390	+	(b) [A penalty which is not paid may be collected by the director by either:] The director
	2391	+	1165
	2392	+	may collect an unpaid penalty by:
	2393	+	1166
	2394	+	(i) referring the matter to a collection agency; or
	2395	+	1167
	2396	+	(ii) bringing an action in the district court of the county in which the [person]
	2397	+	1168
	2398	+	individual against whom the penalty is imposed resides or in the county where the
	2399	+	1169
	2400	+	office of the director is located.
	2401	+	1170
	2402	+	(c) A county attorney or the attorney general of the state shall provide legal assistance
	2403	+	1171
	2404	+	and advice to the director in an action to collect a penalty.
	2405	+	1172
	2406	+	(d) A court shall award reasonable attorney fees and costs to the prevailing party in an
	2407	+	1173
	2408	+	action brought by the division to collect a penalty.
	2409	+	- 35 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
	2410	+	1174
	2411	+	Section 28. Section 58-67-102 is amended to read:
	2412	+	1175
	2413	+	58-67-102 . Definitions.
	2414	+	1176
	2415	+	In addition to the definitions in Section 58-1-102, as used in this chapter:
	2416	+	1177
	2417	+	(1)(a) "Ablative procedure" means a procedure that is expected to excise, vaporize,
	2418	+	1178
	2419	+	disintegrate, or remove living tissue, including the use of carbon dioxide lasers and
	2420	+	1179
	2421	+	erbium: YAG lasers.
	2422	+	1180
	2423	+	(b) "Ablative procedure" does not include:[ ]
	2424	+	1181
	2425	+	(i) hair removal;
	2426	+	1182
	2427	+	(ii) laser tattoo removal; or[ ]
	2428	+	1183
	2429	+	(iii) cryolipolysis.
	2430	+	1184
	2431	+	(2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
	2432	+	1185
	2433	+	American Medical Association.
	2434	+	1186
	2435	+	(3) "Administrative penalty" means a monetary fine or citation imposed by the division for
	2436	+	1187
	2437	+	acts or omissions determined to constitute unprofessional or unlawful conduct, in
	2438	+	1188
	2439	+	accordance with a fine schedule established by the division in collaboration with the
	2440	+	1189
	2441	+	board, as a result of an adjudicative proceeding conducted in accordance with Title 63G,
	2442	+	1190
	2443	+	Chapter 4, Administrative Procedures Act.
	2444	+	1191
	2445	+	(4) "Associate physician" means an individual licensed under Section 58-67-302.8.
	2446	+	1192
	2447	+	(5) "Attempted sex change" means an attempt or effort to change an individual's body to
	2448	+	1193
	2449	+	present that individual as being of a sex or gender that is different from the individual's
	2450	+	1194
	2451	+	biological sex at birth.
	2452	+	1195
	2453	+	(6) "Biological sex at birth" means an individual's sex, as being male or female, according
	2454	+	1196
	2455	+	to distinct reproductive roles as manifested by:
	2456	+	1197
	2457	+	(a) sex and reproductive organ anatomy;
	2458	+	1198
	2459	+	(b) chromosomal makeup; and
	2460	+	1199
	2461	+	(c) endogenous hormone profiles.
	2462	+	1200
	2463	+	(7) "Board" means the Medical Licensing Board created in Section 58-67-201.
	2464	+	1201
	2465	+	(8) "Collaborating physician" means an individual licensed under Section 58-67-302 who
	2466	+	1202
	2467	+	enters into a collaborative practice arrangement with an associate physician.
	2468	+	1203
	2469	+	(9) "Collaborative practice arrangement" means the arrangement described in Section
	2470	+	1204
	2471	+	58-67-807.
	2472	+	1205
	2473	+	(10)(a) "Cosmetic medical device" means tissue altering energy based devices that have
	2474	+	1206
	2475	+	the potential for altering living tissue and that are used to perform ablative or
	2476	+	1207
	2477	+	nonablative procedures, such as American National Standards Institute [(ANSI) ]
	2478	+	- 36 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
	2479	+	1208
	2480	+	designated Class IIIb and Class IV lasers, intense pulsed light, radio frequency
	2481	+	1209
	2482	+	devices, and lipolytic devices, and excludes [ANSI] American National Standards
	2483	+	1210
	2484	+	Institute designated Class IIIa and lower powered devices.
	2485	+	1211
	2486	+	(b) Notwithstanding Subsection (10)(a), if an [ANSI] American National Standards
	2487	+	1212
	2488	+	Institute designated Class IIIa and lower powered device is being used to perform an
	2489	+	1213
	2490	+	ablative procedure, the device is included in the definition of cosmetic medical
	2491	+	1214
	2492	+	device under Subsection (10)(a).
	2493	+	1215
	2494	+	(11)(a) "Cosmetic medical procedure" includes:
	2495	+	1216
	2496	+	(i) the use of cosmetic medical devices to perform ablative or nonablative
	2497	+	1217
	2498	+	procedures; or
	2499	+	1218
	2500	+	(ii) the injection of medication or substance, including a neurotoxin or a filler, for
	2501	+	1219
	2502	+	cosmetic purposes.
	2503	+	1220
	2504	+	(b) "Cosmetic medical procedure" does not include a treatment of the ocular globe
	2505	+	1221
	2506	+	including refractive surgery.
	2507	+	1222
	2508	+	(12) "Diagnose" means:
	2509	+	1223
	2510	+	(a) to examine in any manner another person, parts of a person's body, substances,
	2511	+	1224
	2512	+	fluids, or materials excreted, taken, or removed from a person's body, or produced by
	2513	+	1225
	2514	+	a person's body, to determine the source, nature, kind, or extent of a disease or other
	2515	+	1226
	2516	+	physical or mental condition;
	2517	+	1227
	2518	+	(b) to attempt to conduct an examination or determination described under Subsection
	2519	+	1228
	2520	+	(12)(a);
	2521	+	1229
	2522	+	(c) to hold oneself out as making or to represent that one is making an examination or
	2523	+	1230
	2524	+	determination as described in Subsection (12)(a); or
	2525	+	1231
	2526	+	(d) to make an examination or determination as described in Subsection (12)(a) upon or
	2527	+	1232
	2528	+	from information supplied directly or indirectly by another person, whether or not in
	2529	+	1233
	2530	+	the presence of the person making or attempting the diagnosis or examination.
	2531	+	1234
	2532	+	(13) "LCME" means the Liaison Committee on Medical Education of the American
	2533	+	1235
	2534	+	Medical Association.
	2535	+	1236
	2536	+	(14) "Medical assistant" means an unlicensed individual who may perform tasks as
	2537	+	1237
	2538	+	described in Subsection 58-67-305(6).
	2539	+	1238
	2540	+	(15) "Medically underserved area" means a geographic area in which there is a shortage of
	2541	+	1239
	2542	+	primary care health services for residents, as determined by the Department of Health
	2543	+	1240
	2544	+	and Human Services.
	2545	+	1241
	2546	+	(16) "Medically underserved population" means a specified group of people living in a
	2547	+	- 37 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
	2548	+	1242
	2549	+	defined geographic area with a shortage of primary care health services, as determined
	2550	+	1243
	2551	+	by the Department of Health and Human Services.
	2552	+	1244
	2553	+	(17)(a)(i) "Nonablative procedure" means a procedure that is expected or intended to
	2554	+	1245
	2555	+	alter living tissue, but is not intended or expected to excise, vaporize, disintegrate,
	2556	+	1246
	2557	+	or remove living tissue.
	2558	+	1247
	2559	+	(ii) Notwithstanding Subsection (17)(a)(i) nonablative procedure includes hair
	2560	+	1248
	2561	+	removal.
	2562	+	1249
	2563	+	(b) "Nonablative procedure" does not include:
	2564	+	1250
	2565	+	(i) a superficial procedure as defined in Section 58-1-102;
	2566	+	1251
	2567	+	(ii) the application of permanent make-up;
	2568	+	1252
	2569	+	(iii) laser tattoo removal; or
	2570	+	1253
	2571	+	[(iii)] (iv) the use of photo therapy and lasers for neuromusculoskeletal treatments that
	2572	+	1254
	2573	+	are performed by an individual licensed under this title who is acting within the
	2574	+	1255
	2575	+	individual's scope of practice.
	2576	+	1256
	2577	+	(18) "Physician" means both physicians and surgeons licensed under [Section 58-67-301,
	2578	+	1257
	2579	+	Utah Medical Practice Act] Part 3, Licensing, and osteopathic physicians and surgeons
	2580	+	1258
	2581	+	licensed under [Section 58-68-301, Utah Osteopathic Medical Practice Act] Chapter 68,
	2582	+	1259
	2583	+	Part 3, Licensing.
	2584	+	1260
	2585	+	(19)(a) "Practice of medicine" means:
	2586	+	1261
	2587	+	(i) to diagnose, treat, correct, administer anesthesia, or prescribe for any human
	2588	+	1262
	2589	+	disease, ailment, injury, infirmity, deformity, pain or other condition, physical or
	2590	+	1263
	2591	+	mental, real or imaginary, including to perform cosmetic medical procedures, or to
	2592	+	1264
	2593	+	attempt to do so, by any means or instrumentality, and by an individual in Utah or
	2594	+	1265
	2595	+	outside the state upon or for any human within the state;
	2596	+	1266
	2597	+	(ii) when a person not licensed as a physician directs a licensee under this chapter to
	2598	+	1267
	2599	+	withhold or alter the health care services that the licensee has ordered;
	2600	+	1268
	2601	+	(iii) to maintain an office or place of business for the purpose of doing any of the acts
	2602	+	1269
	2603	+	described in Subsection (19)(a)(i) or (ii) whether or not for compensation; or
	2604	+	1270
	2605	+	(iv) to use, in the conduct of any occupation or profession pertaining to the diagnosis
	2606	+	1271
	2607	+	or treatment of human diseases or conditions in any printed material, stationery,
	2608	+	1272
	2609	+	letterhead, envelopes, signs, or advertisements, the designation "doctor," "doctor
	2610	+	1273
	2611	+	of medicine," "physician," "surgeon," "physician and surgeon," "Dr.," "M.D.," or
	2612	+	1274
	2613	+	any combination of these designations in any manner which might cause a
	2614	+	1275
	2615	+	reasonable person to believe the individual using the designation is a licensed
	2616	+	- 38 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
	2617	+	1276
	2618	+	physician and surgeon, and if the party using the designation is not a licensed
	2619	+	1277
	2620	+	physician and surgeon, the designation must additionally contain the description
	2621	+	1278
	2622	+	of the branch of the healing arts for which the person has a license, provided that
	2623	+	1279
	2624	+	an individual who has received an earned degree of doctor of medicine degree but
	2625	+	1280
	2626	+	is not a licensed physician and surgeon in Utah may use the designation "M.D." if
	2627	+	1281
	2628	+	it is followed by "Not Licensed" or "Not Licensed in Utah" in the same size and
	2629	+	1282
	2630	+	style of lettering.
	2631	+	1283
	2632	+	(b) The practice of medicine does not include:
	2633	+	1284
	2634	+	(i) except for an ablative medical procedure as provided in Subsection (19)(b)(ii) the
	2635	+	1285
	2636	+	conduct described in Subsection (19)(a)(i) that is performed in accordance with a
	2637	+	1286
	2638	+	license issued under another chapter of this title;
	2639	+	1287
	2640	+	(ii) an ablative cosmetic medical procedure if the scope of practice for the person
	2641	+	1288
	2642	+	performing the ablative cosmetic medical procedure includes the authority to
	2643	+	1289
	2644	+	operate or perform a surgical procedure; or
	2645	+	1290
	2646	+	(iii) conduct under Subsection 58-67-501(2).
	2647	+	1291
	2648	+	(20) "Prescription device" means an instrument, apparatus, implement, machine,
	2649	+	1292
	2650	+	contrivance, implant, in vitro reagent, or other similar or related article, and any
	2651	+	1293
	2652	+	component part or accessory, which is required under federal or state law to be
	2653	+	1294
	2654	+	prescribed by a practitioner and dispensed by or through a person or entity licensed
	2655	+	1295
	2656	+	under this chapter or exempt from licensure under this chapter.
	2657	+	1296
	2658	+	(21) "Prescription drug" means a drug that is required by federal or state law or rule to be
	2659	+	1297
	2660	+	dispensed only by prescription or is restricted to administration only by practitioners.
	2661	+	1298
	2662	+	(22)(a) "Primary sex characteristic surgical procedure" means any of the following if
	2663	+	1299
	2664	+	done for the purpose of effectuating or facilitating an individual's attempted sex
	2665	+	1300
	2666	+	change:
	2667	+	1301
	2668	+	(i) for an individual whose biological sex at birth is male, castration, orchiectomy,
	2669	+	1302
	2670	+	penectomy, vaginoplasty, or vulvoplasty;
	2671	+	1303
	2672	+	(ii) for an individual whose biological sex at birth is female, hysterectomy,
	2673	+	1304
	2674	+	oophorectomy, metoidioplasty, or phalloplasty; or
	2675	+	1305
	2676	+	(iii) any surgical procedure that is related to or necessary for a procedure described in
	2677	+	1306
	2678	+	Subsection (22)(a)(i) or (ii), that would result in the sterilization of an individual
	2679	+	1307
	2680	+	who is not sterile.
	2681	+	1308
	2682	+	(b) "Primary sex characteristic surgical procedure" does not include:
	2683	+	1309
	2684	+	(i) surgery or other procedures or treatments performed on an individual who:
	2685	+	- 39 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
	2686	+	1310
	2687	+	(A) is born with external biological sex characteristics that are irresolvably
	2688	+	1311
	2689	+	ambiguous;
	2690	+	1312
	2691	+	(B) is born with 46, XX chromosomes with virilization;
	2692	+	1313
	2693	+	(C) is born with 46, XY chromosomes with undervirilization;
	2694	+	1314
	2695	+	(D) has both ovarian and testicular tissue; or
	2696	+	1315
	2697	+	(E) has been diagnosed by a physician, based on genetic or biochemical testing,
	2698	+	1316
	2699	+	with a sex development disorder characterized by abnormal sex chromosome
	2700	+	1317
	2701	+	structure, sex steroid hormone production, or sex steroid hormone action for a
	2702	+	1318
	2703	+	male or female; or
	2704	+	1319
	2705	+	(ii) removing a body part:
	2706	+	1320
	2707	+	(A) because the body part is cancerous or diseased; or
	2708	+	1321
	2709	+	(B) for a reason that is medically necessary, other than to effectuate or facilitate an
	2710	+	1322
	2711	+	individual's attempted sex change.
	2712	+	1323
	2713	+	(23)(a) "Secondary sex characteristic surgical procedure" means any of the following if
	2714	+	1324
	2715	+	done for the purpose of effectuating or facilitating an individual's attempted sex
	2716	+	1325
	2717	+	change:
	2718	+	1326
	2719	+	(i) for an individual whose biological sex at birth is male, breast augmentation
	2720	+	1327
	2721	+	surgery, chest feminization surgery, or facial feminization surgery; or
	2722	+	1328
	2723	+	(ii) for an individual whose biological sex at birth is female, mastectomy, breast
	2724	+	1329
	2725	+	reduction surgery, chest masculinization surgery, or facial masculinization surgery.
	2726	+	1330
	2727	+	(b) "Secondary sex characteristic surgical procedure" does not include:
	2728	+	1331
	2729	+	(i) surgery or other procedures or treatments performed on an individual who:
	2730	+	1332
	2731	+	(A) is born with external biological sex characteristics that are irresolvably
	2732	+	1333
	2733	+	ambiguous;
	2734	+	1334
	2735	+	(B) is born with 46, XX chromosomes with virilization;
	2736	+	1335
	2737	+	(C) is born with 46, XY chromosomes with undervirilization;
	2738	+	1336
	2739	+	(D) has both ovarian and testicular tissue; or
	2740	+	1337
	2741	+	(E) has been diagnosed by a physician, based on genetic or biochemical testing,
	2742	+	1338
	2743	+	with a sex development disorder characterized by abnormal sex chromosome
	2744	+	1339
	2745	+	structure, sex steroid hormone production, or sex steroid hormone action for a
	2746	+	1340
	2747	+	male or female; or
	2748	+	1341
	2749	+	(ii) removing a body part:
	2750	+	1342
	2751	+	(A) because the body part is cancerous or diseased; or
	2752	+	1343
	2753	+	(B) for a reason that is medically necessary, other than to effectuate or facilitate an
	2754	+	- 40 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
	2755	+	1344
	2756	+	individual's attempted sex change.
	2757	+	1345
	2758	+	(24) "SPEX" means the Special Purpose Examination of the Federation of State Medical
	2759	+	1346
	2760	+	Boards.
	2761	+	1347
	2762	+	(25) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
	2763	+	1348
	2764	+	58-67-501.
	2765	+	1349
	2766	+	(26) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
	2767	+	1350
	2768	+	and 58-67-502, and as may be further defined by division rule.
	2769	+	1351
	2770	+	Section 29. Section 58-68-102 is amended to read:
	2771	+	1352
	2772	+	58-68-102 . Definitions.
	2773	+	1353
	2774	+	In addition to the definitions in Section 58-1-102, as used in this chapter:
	2775	+	1354
	2776	+	(1)(a) "Ablative procedure" means a procedure that is expected to excise, vaporize,
	2777	+	1355
	2778	+	disintegrate, or remove living tissue, including the use of carbon dioxide lasers and
	2779	+	1356
	2780	+	erbium: YAG lasers.
	2781	+	1357
	2782	+	(b) "Ablative procedure" does not include:[ ]
	2783	+	1358
	2784	+	(i) hair removal[.] ; or
	2785	+	1359
	2786	+	(ii) laser tattoo removal.
	2787	+	1360
	2788	+	(2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
	2789	+	1361
	2790	+	American Medical Association.
	2791	+	1362
	2792	+	(3) "Administrative penalty" means a monetary fine imposed by the division for acts or
	2793	+	1363
	2794	+	omissions determined to constitute unprofessional or unlawful conduct, as a result of an
	2795	+	1364
	2796	+	adjudicative proceeding conducted in accordance with Title 63G, Chapter 4,
	2797	+	1365
2277	2798		Administrative Procedures Act.
2278		-	1121
2279		-	[(iii)] (c) The citation shall clearly explain the consequences of failure to timely contest
2280		-	1122
2281		-	the citation or to make payment of a fine assessed by the citation within the time
2282		-	1123
2283		-	specified in the citation.
2284		-	1124
2285		-	[(c)] (d) Each citation issued under this section, or a copy of each citation, may be served
2286		-	1125
2287		-	upon [a person] an individual upon whom a summons may be served in accordance
2288		-	1126
2289		-	with the Utah Rules of Civil Procedure and may be made personally or upon the [
2290		-	1127
2291		-	person's] individual's agent by a division investigator or by [a person] an individual
2292		-	1128
2293		-	specially designated by the director or by mail.
2294		-	1129
2295		-	[(d)] (e)(i) If within 20 calendar days from the service of a citation, the [person to
2296		-	1130
2297		-	whom] individual to which the citation was issued fails to request a hearing to
2298		-	1131
2299		-	contest the citation, the citation becomes the final order of the division and is not
2300		-	1132
2301		-	subject to further agency review.
2302		-	1133
2303		-	(ii) The period to contest a citation may be extended by the division for cause.
2304		-	1134
2305		-	[(e)] (f) The division may refuse to issue or renew, suspend, revoke, or place on
2306		-	1135
2307		-	probation the [license of a licensee who] license or permit of an individual that fails to
2308		-	1136
2309		-	comply with a citation after [it] the citation becomes final.
2310		-	1137
2311		-	[(f)] (g) The failure of an applicant for licensure to comply with a citation after [it] the
2312		-	1138
2313		-	citation becomes final is a ground for denial of license.
2314		-	1139
2315		-	[(g)] (h) [No citation may be issued ] The director or the director's designee from within
2316		-	1140
2317		-	the division may not issue a citation under this section [after the expiration of] more
2318		-	1141
2319		-	than one year [following] after the date on which the violation that is the subject of
2320		-	1142
2321		-	the citation is reported to the division.
2322		-	1143
2323		-	[(h)] (i) [Fines shall be assessed by the director or the director's designee according to the
2324		-	1144
2325		-	following:] The director or the director's designee shall assess fines as follows:
2326		-	1145
2327		-	(i) for a first offense under Subsection [(4)(a)] (4), a fine of up to $1,000;
2328		-	1146
2329		-	(ii) for a second offense under Subsection [(4)(a)] (4), a fine of up to $2,000; and
2330		-	1147
2331		-	(iii) for any subsequent offense under Subsection [(4)(a)] (4), a fine of up to $2,000
2332		-	1148
2333		-	for each day of continued offense.
2334		-	1149
2335		-	[(i)] (j)[(i)] For purposes of issuing a final order under this section and assessing a
2336		-	- 34 - Enrolled Copy S.B. 330
2337		-	1150
2338		-	fine under Subsection [(4)(h)] (7)(i), an offense constitutes a second or subsequent
2339		-	1151
2340		-	offense if:
2341		-	1152
2342		-	[(A)] (i) the division previously issued a final order determining that [a person] an
2343		-	1153
2344		-	individual committed a first or second offense in violation of Subsection
2345		-	1154
2346		-	58-11a-502(1), (3), (4), (5), or (6); or
2347		-	1155
2348		-	[(B)] (ii)[(I)] (A) the division initiated an action for a first or second offense;
2349		-	1156
2350		-	[(II)] (B) no final order has been issued by the division in the action initiated under
2351		-	1157
2352		-	Subsection [(4)(i)(i)(B)(I)] (7)(j)(ii)(A);
2353		-	1158
2354		-	[(III)] (C) the division determines during an investigation that occurred after the
2355		-	1159
2356		-	initiation of the action under Subsection [(4)(i)(i)(B)(I)] (7)(j)(ii)(A) that the [
2357		-	1160
2358		-	person] individual committed a second or subsequent violation of Subsection
2359		-	1161
2360		-	58-11a-502(1), (3), (4), (5), or (6); and
2361		-	1162
2362		-	[(IV)] (D) after determining that the [person] individual committed a second or
2363		-	1163
2364		-	subsequent offense under Subsection [(4)(i)(i)(B)(III)] (7)(j)(ii)(C), the division
2365		-	1164
2366		-	issues a final order on the action initiated under Subsection [(4)(i)(i)(B)(I)]
2367		-	1165
2368		-	(7)(j)(ii)(A).
2369		-	1166
2370		-	[(ii)] (k) In issuing a final order for a second or subsequent offense under Subsection [
2371		-	1167
2372		-	(4)(i)(i)] (7)(j), the division shall comply with the requirements of this section.
2373		-	1168
2374		-	[(5)] (8)(a) A penalty imposed by the director under Subsection [(4)(h)] (7)(i) shall be
2375		-	1169
2376		-	deposited into the [Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail
2377		-	1170
2378		-	Technician Education and Enforcement Fund] Cosmetology and Associated
2379		-	1171
2380		-	Professions Education and Enforcement Fund.
2381		-	1172
2382		-	(b) [A penalty which is not paid may be collected by the director by either:] The director
2383		-	1173
2384		-	may collect an unpaid penalty by:
2385		-	1174
2386		-	(i) referring the matter to a collection agency; or
2387		-	1175
2388		-	(ii) bringing an action in the district court of the county in which the [person]
2389		-	1176
2390		-	individual against whom the penalty is imposed resides or in the county where the
2391		-	1177
2392		-	office of the director is located.
2393		-	1178
2394		-	(c) A county attorney or the attorney general of the state shall provide legal assistance
2395		-	1179
2396		-	and advice to the director in an action to collect a penalty.
2397		-	1180
2398		-	(d) A court shall award reasonable attorney fees and costs to the prevailing party in an
2399		-	1181
2400		-	action brought by the division to collect a penalty.
2401		-	1182
2402		-	Section 28. Section 58-67-102 is amended to read:
2403		-	1183
2404		-	58-67-102 . Definitions.
2405		-	- 35 - S.B. 330 Enrolled Copy
2406		-	1184
2407		-	In addition to the definitions in Section 58-1-102, as used in this chapter:
2408		-	1185
2409		-	(1)(a) "Ablative procedure" means a procedure that is expected to excise, vaporize,
2410		-	1186
2411		-	disintegrate, or remove living tissue, including the use of carbon dioxide lasers and
2412		-	1187
2413		-	erbium: YAG lasers.
2414		-	1188
2415		-	(b) "Ablative procedure" does not include[ ] :
2416		-	1189
2417		-	(i) hair removal;
2418		-	1190
2419		-	(ii) laser tattoo removal; or[ ]
2420		-	1191
2421		-	(iii) cryolipolysis.
2422		-	1192
2423		-	(2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
2424		-	1193
2425		-	American Medical Association.
2426		-	1194
2427		-	(3) "Administrative penalty" means a monetary fine or citation imposed by the division for
2428		-	1195
2429		-	acts or omissions determined to constitute unprofessional or unlawful conduct, in
2430		-	1196
2431		-	accordance with a fine schedule established by the division in collaboration with the
2432		-	1197
2433		-	board, as a result of an adjudicative proceeding conducted in accordance with Title 63G,
2434		-	1198
2435		-	Chapter 4, Administrative Procedures Act.
2436		-	1199
2437		-	(4) "Associate physician" means an individual licensed under Section 58-67-302.8.
2438		-	1200
2439		-	(5) "Attempted sex change" means an attempt or effort to change an individual's body to
2440		-	1201
	2799	+	1366
	2800	+	(4) "AOA" means the American Osteopathic Association.
	2801	+	1367
	2802	+	(5) "Associate physician" means an individual licensed under Section 58-68-302.5.
	2803	+	1368
	2804	+	(6) "Attempted sex change" means an attempt or effort to change an individual's body to
	2805	+	1369
2441	2806		present that individual as being of a sex or gender that is different from the individual's
2442		-	~~1202~~
	2807	+	1370
2443	2808		biological sex at birth.
2444		-	~~1203~~
2445		-	(6) "Biological sex at birth" means an individual's sex, as being male or female, according
2446		-	~~1204~~
	2809	+	1371
	2810	+	(7) "Biological sex at birth" means an individual's sex, as being male or female, according
	2811	+	1372
2447	2812		to distinct reproductive roles as manifested by:
2448		-	~~1205~~
	2813	+	1373
2449	2814		(a) sex and reproductive organ anatomy;
2450		-	~~1206~~
	2815	+	1374
2451	2816		(b) chromosomal makeup; and
2452		-	~~1207~~
	2817	+	1375
2453	2818		(c) endogenous hormone profiles.
2454		-	1208
2455		-	(7) "Board" means the Medical Licensing Board created in Section 58-67-201.
2456		-	1209
2457		-	(8) "Collaborating physician" means an individual licensed under Section 58-67-302 who
2458		-	1210
	2819	+	1376
	2820	+	(8) "Board" means the Medical Licensing Board created in Section 58-67-201.
	2821	+	1377
	2822	+	(9) "Collaborating physician" means an individual licensed under Section 58-68-302 who
	2823	+	- 41 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
	2824	+	1378
2459	2825		enters into a collaborative practice arrangement with an associate physician.
2460		-	~~1211~~
2461		-	(9) "Collaborative practice arrangement" means the arrangement described in Section
2462		-	~~1212~~
2463		-	58-67-807.
2464		-	~~1213~~
2465		-	(10)(a) "Cosmetic medical device" means tissue altering energy based devices that have
2466		-	~~1214~~
	2826	+	1379
	2827	+	(10) "Collaborative practice arrangement" means the arrangement described in Section
	2828	+	1380
	2829	+	58-68-807.
	2830	+	1381
	2831	+	(11)(a) "Cosmetic medical device" means tissue altering energy based devices that have
	2832	+	1382
2467	2833		the potential for altering living tissue and that are used to perform ablative or
2468		-	~~1215~~
	2834	+	1383
2469	2835		nonablative procedures, such as American National Standards Institute [(ANSI) ]
2470		-	~~1216~~
	2836	+	1384
2471	2837		designated Class IIIb and Class IV lasers, intense pulsed light, radio frequency
2472		-	1217
2473		-	devices, and lipolytic devices, and excludes [ANSI] American National Standards
2474		-	- 36 - Enrolled Copy S.B. 330
2475		-	1218
	2838	+	1385
	2839	+	devices, and lipolytic devices and excludes [ANSI] American National Standards
	2840	+	1386
2476	2841		Institute designated Class IIIa and lower powered devices.
2477		-	~~1219~~
2478		-	(b) Notwithstanding Subsection (10)(a), if an [ANSI] American National Standards
2479		-	~~1220~~
	2842	+	1387
	2843	+	(b) Notwithstanding Subsection (11)(a), if an [ANSI] American National Standards
	2844	+	1388
2480	2845		Institute designated Class IIIa and lower powered device is being used to perform an
2481		-	~~1221~~
	2846	+	1389
2482	2847		ablative procedure, the device is included in the definition of cosmetic medical
2483		-	1222
2484		-	device under Subsection (10)(a).
2485		-	1223
2486		-	(11)(a) "Cosmetic medical procedure" includes:
2487		-	1224
2488		-	(i) the use of cosmetic medical devices to perform ablative or nonablative
2489		-	1225
2490		-	procedures; or
2491		-	1226
2492		-	(ii) the injection of medication or substance, including a neurotoxin or a filler, for
2493		-	1227
2494		-	cosmetic purposes.
2495		-	1228
2496		-	(b) "Cosmetic medical procedure" does not include a treatment of the ocular globe
2497		-	1229
2498		-	including refractive surgery.
2499		-	1230
2500		-	(12) "Diagnose" means:
2501		-	1231
	2848	+	1390
	2849	+	device under Subsection (11)(a).
	2850	+	1391
	2851	+	(12) "Cosmetic medical procedure":
	2852	+	1392
	2853	+	(a) includes the use of cosmetic medical devices to perform ablative or nonablative
	2854	+	1393
	2855	+	procedures; and
	2856	+	1394
	2857	+	(b) does not include a treatment of the ocular globe such as refractive surgery.
	2858	+	1395
	2859	+	(13) "Diagnose" means:
	2860	+	1396
2502	2861		(a) to examine in any manner another person, parts of a person's body, substances,
2503		-	~~1232~~
	2862	+	1397
2504	2863		fluids, or materials excreted, taken, or removed from a person's body, or produced by
2505		-	~~1233~~
	2864	+	1398
2506	2865		a person's body, to determine the source, nature, kind, or extent of a disease or other
2507		-	~~1234~~
	2866	+	1399
2508	2867		physical or mental condition;
2509		-	~~1235~~
	2868	+	1400
2510	2869		(b) to attempt to conduct an examination or determination described under Subsection
2511		-	~~1236~~
2512		-	(12)(a);
2513		-	~~1237~~
	2870	+	1401
	2871	+	(13)(a);
	2872	+	1402
2514	2873		(c) to hold oneself out as making or to represent that one is making an examination or
2515		-	~~1238~~
2516		-	determination as described in Subsection (12)(a); or
2517		-	~~1239~~
2518		-	(d) to make an examination or determination as described in Subsection (12)(a) upon or
2519		-	~~1240~~
	2874	+	1403
	2875	+	determination as described in Subsection (13)(a); or
	2876	+	1404
	2877	+	(d) to make an examination or determination as described in Subsection (13)(a) upon or
	2878	+	1405
2520	2879		from information supplied directly or indirectly by another person, whether or not in
2521		-	~~1241~~
	2880	+	1406
2522	2881		the presence of the person making or attempting the diagnosis or examination.
2523		-	1242
2524		-	(13) "LCME" means the Liaison Committee on Medical Education of the American
2525		-	1243
2526		-	Medical Association.
2527		-	1244
	2882	+	1407
2528	2883		(14) "Medical assistant" means an unlicensed individual who may perform tasks as
2529		-	~~1245~~
2530		-	described in Subsection 58-67-305(6).
2531		-	~~1246~~
	2884	+	1408
	2885	+	described in Subsection 58-68-305(6).
	2886	+	1409
2532	2887		(15) "Medically underserved area" means a geographic area in which there is a shortage of
2533		-	~~1247~~
	2888	+	1410
2534	2889		primary care health services for residents, as determined by the Department of Health
2535		-	~~1248~~
	2890	+	1411
2536	2891		and Human Services.
2537		-	1249
	2892	+	- 42 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
	2893	+	1412
2538	2894		(16) "Medically underserved population" means a specified group of people living in a
2539		-	~~1250~~
	2895	+	1413
2540	2896		defined geographic area with a shortage of primary care health services, as determined
2541		-	~~1251~~
	2897	+	1414
2542	2898		by the Department of Health and Human Services.
2543		-	- 37 - S.B. 330 Enrolled Copy
2544		-	1252
	2899	+	1415
2545	2900		(17)(a)(i) "Nonablative procedure" means a procedure that is expected or intended to
2546		-	~~1253~~
2547		-	alter living tissue, but is not ~~intended~~ or ~~expected~~ to excise, vaporize, disintegrate,
2548		-	~~1254~~
	2901	+	1416
	2902	+	alter living tissue, but is not expected or intended to excise, vaporize, disintegrate,
	2903	+	1417
2549	2904		or remove living tissue.
2550		-	~~1255~~
2551		-	(ii) Notwithstanding Subsection (17)(a)(i) nonablative procedure includes hair
2552		-	~~1256~~
	2905	+	1418
	2906	+	(ii) Notwithstanding Subsection (17)(a)(i), nonablative procedure includes hair
	2907	+	1419
2553	2908		removal.
2554		-	~~1257~~
	2909	+	1420
2555	2910		(b) "Nonablative procedure" does not include:
2556		-	~~1258~~
	2911	+	1421
2557	2912		(i) a superficial procedure as defined in Section 58-1-102;
2558		-	~~1259~~
	2913	+	1422
2559	2914		(ii) the application of permanent make-up;
2560		-	~~1260~~
	2915	+	1423
2561	2916		(iii) laser tattoo removal; or
2562		-	~~1261~~
2563		-	[(iii)] (iv) the use of photo therapy ~~and~~ lasers for neuromusculoskeletal treatments that
2564		-	~~1262~~
2565		-	~~are~~ performed by an individual licensed under this title who is acting within the
2566		-	~~1263~~
	2917	+	1424
	2918	+	[(iii)] (iv) the use of photo therapy lasers for neuromusculoskeletal treatments that are
	2919	+	1425
	2920	+	performed by an individual licensed under this title who is acting within the
	2921	+	1426
2567	2922		individual's scope of practice.
2568		-	~~1264~~
	2923	+	1427
2569	2924		(18) "Physician" means both physicians and surgeons licensed under [Section 58-67-301,
2570		-	~~1265~~
	2925	+	1428
2571	2926		Utah Medical Practice Act] Part 3, Licensing, and osteopathic physicians and surgeons
2572		-	~~1266~~
	2927	+	1429
2573	2928		licensed under [Section 58-68-301, Utah Osteopathic Medical Practice Act] Chapter 68,
2574		-	~~1267~~
	2929	+	1430
2575	2930		Part 3, Licensing.
2576		-	~~1268~~
2577		-	(19)(a) "Practice of medicine" means:
2578		-	~~1269~~
	2931	+	1431
	2932	+	(19)(a) "Practice of osteopathic medicine" means:
	2933	+	1432
2579	2934		(i) to diagnose, treat, correct, administer anesthesia, or prescribe for any human
2580		-	1270
2581		-	disease, ailment, injury, infirmity, deformity, pain or other condition, physical or
2582		-	1271
2583		-	mental, real or imaginary, including to perform cosmetic medical procedures, or to
2584		-	1272
2585		-	attempt to do so, by any means or instrumentality, and by an individual in Utah or
2586		-	1273
2587		-	outside the state upon or for any human within the state;
2588		-	1274
	2935	+	1433
	2936	+	disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or
	2937	+	1434
	2938	+	mental, real or imaginary, or to attempt to do so, by any means or instrumentality,
	2939	+	1435
	2940	+	which in whole or in part is based upon emphasis of the importance of the
	2941	+	1436
	2942	+	musculoskeletal system and manipulative therapy in the maintenance and
	2943	+	1437
	2944	+	restoration of health, by an individual in Utah or outside of the state upon or for
	2945	+	1438
	2946	+	any human within the state;
	2947	+	1439
2589	2948		(ii) when a person not licensed as a physician directs a licensee under this chapter to
2590		-	~~1275~~
	2949	+	1440
2591	2950		withhold or alter the health care services that the licensee has ordered;
2592		-	~~1276~~
	2951	+	1441
2593	2952		(iii) to maintain an office or place of business for the purpose of doing any of the acts
2594		-	~~1277~~
	2953	+	1442
2595	2954		described in Subsection (19)(a)(i) or (ii) whether or not for compensation; or
2596		-	~~1278~~
	2955	+	1443
2597	2956		(iv) to use, in the conduct of any occupation or profession pertaining to the diagnosis
2598		-	~~1279~~
2599		-	or treatment of human diseases or conditions in any printed material, stationery,
2600		-	~~1280~~
	2957	+	1444
	2958	+	or treatment of human diseases or conditions, in any printed material, stationery,
	2959	+	1445
2601	2960		letterhead, envelopes, signs, or advertisements, the designation "doctor," "doctor
2602		-	~~1281~~
2603		-	~~of medicine," "physician," "surgeon," "physician and surgeon," "Dr.," "M.D.," or~~
2604		-	~~1282~~
2605		-	~~any combination of these designations in any manner which might cause a~~
2606		-	~~1283~~
2607		-	~~reasonable person to believe the individual using the designation is a licensed~~
2608		-	~~1284~~
2609		-	~~physician and surgeon, and if the party using the designation is not a licensed~~
2610		-	~~1285~~
2611		-	~~physician and surgeon, the designation must additionally contain the description~~
2612		-	~~- 38 - Enrolled Copy~~ ~~S.B. 330~~
2613		-	~~1286~~
2614		-	of the branch of the healing arts for ~~which the person has a license, provided that~~
2615		-	~~1287~~
2616		-	an individual who has received an ~~earned degree of doctor of medicine degree but~~
2617		-	~~1288~~
2618		-	is not a licensed ~~physician and surgeon in Utah may use the designation "M.D." if~~
2619		-	~~1289~~
2620		-	it is followed by ~~"Not Licensed" or "Not Licensed in Utah" in the same size and~~
2621		-	~~1290~~
2622		-	style of lettering.
2623		-	~~1291~~
2624		-	(b) The practice of medicine does not include:
2625		-	~~1292~~
2626		-	(i) except for an ablative medical procedure as provided in Subsection (19)(b)(ii) the
2627		-	~~1293~~
	2961	+	- 43 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
	2962	+	1446
	2963	+	of osteopathic medicine," "osteopathic physician," "osteopathic surgeon,"
	2964	+	1447
	2965	+	"osteopathic physician and surgeon," "Dr.," "D.O.," or any combination of these
	2966	+	1448
	2967	+	designations in any manner which might cause a reasonable person to believe the
	2968	+	1449
	2969	+	individual using the designation is a licensed osteopathic physician, and if the
	2970	+	1450
	2971	+	party using the designation is not a licensed osteopathic physician, the designation
	2972	+	1451
	2973	+	must additionally contain the description of the branch of the healing arts for
	2974	+	1452
	2975	+	which the person has a license, provided that an individual who has received an
	2976	+	1453
	2977	+	earned degree of doctor of osteopathic medicine but is not a licensed osteopathic
	2978	+	1454
	2979	+	physician and surgeon in Utah may use the designation "D.O." if it is followed by
	2980	+	1455
	2981	+	"Not Licensed" or "Not Licensed in Utah" in the same size and style of lettering.
	2982	+	1456
	2983	+	(b) The practice of osteopathic medicine does not include:
	2984	+	1457
	2985	+	(i) except for an ablative medical procedure as provided in Subsection (19)(b)(ii), the
	2986	+	1458
2628	2987		conduct described in Subsection (19)(a)(i) that is performed in accordance with a
2629		-	~~1294~~
	2988	+	1459
2630	2989		license issued under another chapter of this title;
2631		-	~~1295~~
	2990	+	1460
2632	2991		(ii) an ablative cosmetic medical procedure if the scope of practice for the person
2633		-	~~1296~~
	2992	+	1461
2634	2993		performing the ablative cosmetic medical procedure includes the authority to
2635		-	~~1297~~
	2994	+	1462
2636	2995		operate or perform a surgical procedure; or
2637		-	~~1298~~
2638		-	(iii) conduct under Subsection 58-67-501(2).
2639		-	~~1299~~
	2996	+	1463
	2997	+	(iii) conduct under Subsection 58-68-501(2).
	2998	+	1464
2640	2999		(20) "Prescription device" means an instrument, apparatus, implement, machine,
2641		-	~~1300~~
	3000	+	1465
2642	3001		contrivance, implant, in vitro reagent, or other similar or related article, and any
2643		-	~~1301~~
	3002	+	1466
2644	3003		component part or accessory, which is required under federal or state law to be
2645		-	~~1302~~
	3004	+	1467
2646	3005		prescribed by a practitioner and dispensed by or through a person or entity licensed
2647		-	~~1303~~
	3006	+	1468
2648	3007		under this chapter or exempt from licensure under this chapter.
2649		-	~~1304~~
	3008	+	1469
2650	3009		(21) "Prescription drug" means a drug that is required by federal or state law or rule to be
2651		-	~~1305~~
	3010	+	1470
2652	3011		dispensed only by prescription or is restricted to administration only by practitioners.
2653		-	~~1306~~
	3012	+	1471
2654	3013		(22)(a) "Primary sex characteristic surgical procedure" means any of the following if
2655		-	~~1307~~
	3014	+	1472
2656	3015		done for the purpose of effectuating or facilitating an individual's attempted sex
2657		-	~~1308~~
	3016	+	1473
2658	3017		change:
2659		-	~~1309~~
	3018	+	1474
2660	3019		(i) for an individual whose biological sex at birth is male, castration, orchiectomy,
2661		-	~~1310~~
	3020	+	1475
2662	3021		penectomy, vaginoplasty, or vulvoplasty;
2663		-	~~1311~~
	3022	+	1476
2664	3023		(ii) for an individual whose biological sex at birth is female, hysterectomy,
2665		-	~~1312~~
	3024	+	1477
2666	3025		oophorectomy, metoidioplasty, or phalloplasty; or
2667		-	~~1313~~
	3026	+	1478
2668	3027		(iii) any surgical procedure that is related to or necessary for a procedure described in
2669		-	~~1314~~
	3028	+	1479
2670	3029		Subsection (22)(a)(i) or (ii), that would result in the sterilization of an individual
2671		-	1315
	3030	+	- 44 - 03-07 21:23 4th Sub. (Pumpkin) S.B. 330
	3031	+	1480
2672	3032		who is not sterile.
2673		-	~~1316~~
	3033	+	1481
2674	3034		(b) "Primary sex characteristic surgical procedure" does not include:
2675		-	~~1317~~
	3035	+	1482
2676	3036		(i) surgery or other procedures or treatments performed on an individual who:
2677		-	~~1318~~
	3037	+	1483
2678	3038		(A) is born with external biological sex characteristics that are irresolvably
2679		-	~~1319~~
	3039	+	1484
2680	3040		ambiguous;
2681		-	- 39 - S.B. 330 Enrolled Copy
2682		-	1320
	3041	+	1485
2683	3042		(B) is born with 46, XX chromosomes with virilization;
2684		-	~~1321~~
	3043	+	1486
2685	3044		(C) is born with 46, XY chromosomes with undervirilization;
2686		-	~~1322~~
	3045	+	1487
2687	3046		(D) has both ovarian and testicular tissue; or
2688		-	~~1323~~
	3047	+	1488
2689	3048		(E) has been diagnosed by a physician, based on genetic or biochemical testing,
2690		-	~~1324~~
	3049	+	1489
2691	3050		with a sex development disorder characterized by abnormal sex chromosome
2692		-	~~1325~~
	3051	+	1490
2693	3052		structure, sex steroid hormone production, or sex steroid hormone action for a
2694		-	~~1326~~
	3053	+	1491
2695	3054		male or female; or
2696		-	~~1327~~
	3055	+	1492
2697	3056		(ii) removing a body part:
2698		-	~~1328~~
	3057	+	1493
2699	3058		(A) because the body part is cancerous or diseased; or
2700		-	~~1329~~
	3059	+	1494
2701	3060		(B) for a reason that is medically necessary, other than to effectuate or facilitate an
2702		-	~~1330~~
	3061	+	1495
2703	3062		individual's attempted sex change.
2704		-	~~1331~~
	3063	+	1496
2705	3064		(23)(a) "Secondary sex characteristic surgical procedure" means any of the following if
2706		-	~~1332~~
	3065	+	1497
2707	3066		done for the purpose of effectuating or facilitating an individual's attempted sex
2708		-	~~1333~~
	3067	+	1498
2709	3068		change:
2710		-	~~1334~~
	3069	+	1499
2711	3070		(i) for an individual whose biological sex at birth is male, breast augmentation
2712		-	~~1335~~
	3071	+	1500
2713	3072		surgery, chest feminization surgery, or facial feminization surgery; or
2714		-	~~1336~~
	3073	+	1501
2715	3074		(ii) for an individual whose biological sex at birth is female, mastectomy, breast
2716		-	~~1337~~
	3075	+	1502
2717	3076		reduction surgery, chest masculinization surgery, or facial masculinization surgery.
2718		-	~~1338~~
	3077	+	1503
2719	3078		(b) "Secondary sex characteristic surgical procedure" does not include:
2720		-	~~1339~~
	3079	+	1504
2721	3080		(i) surgery or other procedures or treatments performed on an individual who:
2722		-	~~1340~~
	3081	+	1505
2723	3082		(A) is born with external biological sex characteristics that are irresolvably
2724		-	~~1341~~
	3083	+	1506
2725	3084		ambiguous;
2726		-	~~1342~~
	3085	+	1507
2727	3086		(B) is born with 46, XX chromosomes with virilization;
2728		-	~~1343~~
	3087	+	1508
2729	3088		(C) is born with 46, XY chromosomes with undervirilization;
2730		-	~~1344~~
	3089	+	1509
2731	3090		(D) has both ovarian and testicular tissue; or
2732		-	~~1345~~
	3091	+	1510
2733	3092		(E) has been diagnosed by a physician, based on genetic or biochemical testing,
2734		-	~~1346~~
	3093	+	1511
2735	3094		with a sex development disorder characterized by abnormal sex chromosome
2736		-	~~1347~~
	3095	+	1512
2737	3096		structure, sex steroid hormone production, or sex steroid hormone action for a
2738		-	~~1348~~
	3097	+	1513
2739	3098		male or female; or
2740		-	1349
	3099	+	- 45 - 4th Sub. (Pumpkin) S.B. 330 03-07 21:23
	3100	+	1514
2741	3101		(ii) removing a body part:
2742		-	~~1350~~
	3102	+	1515
2743	3103		(A) because the body part is cancerous or diseased; or
2744		-	~~1351~~
	3104	+	1516
2745	3105		(B) for a reason that is medically necessary, other than to effectuate or facilitate an
2746		-	~~1352~~
	3106	+	1517
2747	3107		individual's attempted sex change.
2748		-	~~1353~~
	3108	+	1518
2749	3109		(24) "SPEX" means the Special Purpose Examination of the Federation of State Medical
2750		-	- 40 - Enrolled Copy S.B. 330
2751		-	1354
	3110	+	1519
2752	3111		Boards.
2753		-	~~1355~~
	3112	+	1520
2754	3113		(25) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
2755		-	~~1356~~
2756		-	58-67-501.
2757		-	~~1357~~
	3114	+	1521
	3115	+	58-68-501.
	3116	+	1522
2758	3117		(26) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
2759		-	1358
2760		-	and 58-67-502, and as may be further defined by division rule.
2761		-	1359
2762		-	Section 29. Section 58-68-102 is amended to read:
2763		-	1360
2764		-	58-68-102 . Definitions.
2765		-	1361
2766		-	In addition to the definitions in Section 58-1-102, as used in this chapter:
2767		-	1362
2768		-	(1)(a) "Ablative procedure" means a procedure that is expected to excise, vaporize,
2769		-	1363
2770		-	disintegrate, or remove living tissue, including the use of carbon dioxide lasers and
2771		-	1364
2772		-	erbium: YAG lasers.
2773		-	1365
2774		-	(b) "Ablative procedure" does not include[ ] :
2775		-	1366
2776		-	(i) hair removal[.] ; or
2777		-	1367
2778		-	(ii) laser tattoo removal.
2779		-	1368
2780		-	(2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
2781		-	1369
2782		-	American Medical Association.
2783		-	1370
2784		-	(3) "Administrative penalty" means a monetary fine imposed by the division for acts or
2785		-	1371
2786		-	omissions determined to constitute unprofessional or unlawful conduct, as a result of an
2787		-	1372
2788		-	adjudicative proceeding conducted in accordance with Title 63G, Chapter 4,
2789		-	1373
2790		-	Administrative Procedures Act.
2791		-	1374
2792		-	(4) "AOA" means the American Osteopathic Association.
2793		-	1375
2794		-	(5) "Associate physician" means an individual licensed under Section 58-68-302.5.
2795		-	1376
2796		-	(6) "Attempted sex change" means an attempt or effort to change an individual's body to
2797		-	1377
2798		-	present that individual as being of a sex or gender that is different from the individual's
2799		-	1378
2800		-	biological sex at birth.
2801		-	1379
2802		-	(7) "Biological sex at birth" means an individual's sex, as being male or female, according
2803		-	1380
2804		-	to distinct reproductive roles as manifested by:
2805		-	1381
2806		-	(a) sex and reproductive organ anatomy;
2807		-	1382
2808		-	(b) chromosomal makeup; and
2809		-	1383
2810		-	(c) endogenous hormone profiles.
2811		-	1384
2812		-	(8) "Board" means the Medical Licensing Board created in Section 58-67-201.
2813		-	1385
2814		-	(9) "Collaborating physician" means an individual licensed under Section 58-68-302 who
2815		-	1386
2816		-	enters into a collaborative practice arrangement with an associate physician.
2817		-	1387
2818		-	(10) "Collaborative practice arrangement" means the arrangement described in Section
2819		-	- 41 - S.B. 330 Enrolled Copy
2820		-	1388
2821		-	58-68-807.
2822		-	1389
2823		-	(11)(a) "Cosmetic medical device" means tissue altering energy based devices that have
2824		-	1390
2825		-	the potential for altering living tissue and that are used to perform ablative or
2826		-	1391
2827		-	nonablative procedures, such as American National Standards Institute [(ANSI) ]
2828		-	1392
2829		-	designated Class IIIb and Class IV lasers, intense pulsed light, radio frequency
2830		-	1393
2831		-	devices, and lipolytic devices and excludes [ANSI] American National Standards
2832		-	1394
2833		-	Institute designated Class IIIa and lower powered devices.
2834		-	1395
2835		-	(b) Notwithstanding Subsection (11)(a), if an [ANSI] American National Standards
2836		-	1396
2837		-	Institute designated Class IIIa and lower powered device is being used to perform an
2838		-	1397
2839		-	ablative procedure, the device is included in the definition of cosmetic medical
2840		-	1398
2841		-	device under Subsection (11)(a).
2842		-	1399
2843		-	(12) "Cosmetic medical procedure":
2844		-	1400
2845		-	(a) includes the use of cosmetic medical devices to perform ablative or nonablative
2846		-	1401
2847		-	procedures; and
2848		-	1402
2849		-	(b) does not include a treatment of the ocular globe such as refractive surgery.
2850		-	1403
2851		-	(13) "Diagnose" means:
2852		-	1404
2853		-	(a) to examine in any manner another person, parts of a person's body, substances,
2854		-	1405
2855		-	fluids, or materials excreted, taken, or removed from a person's body, or produced by
2856		-	1406
2857		-	a person's body, to determine the source, nature, kind, or extent of a disease or other
2858		-	1407
2859		-	physical or mental condition;
2860		-	1408
2861		-	(b) to attempt to conduct an examination or determination described under Subsection
2862		-	1409
2863		-	(13)(a);
2864		-	1410
2865		-	(c) to hold oneself out as making or to represent that one is making an examination or
2866		-	1411
2867		-	determination as described in Subsection (13)(a); or
2868		-	1412
2869		-	(d) to make an examination or determination as described in Subsection (13)(a) upon or
2870		-	1413
2871		-	from information supplied directly or indirectly by another person, whether or not in
2872		-	1414
2873		-	the presence of the person making or attempting the diagnosis or examination.
2874		-	1415
2875		-	(14) "Medical assistant" means an unlicensed individual who may perform tasks as
2876		-	1416
2877		-	described in Subsection 58-68-305(6).
2878		-	1417
2879		-	(15) "Medically underserved area" means a geographic area in which there is a shortage of
2880		-	1418
2881		-	primary care health services for residents, as determined by the Department of Health
2882		-	1419
2883		-	and Human Services.
2884		-	1420
2885		-	(16) "Medically underserved population" means a specified group of people living in a
2886		-	1421
2887		-	defined geographic area with a shortage of primary care health services, as determined
2888		-	- 42 - Enrolled Copy S.B. 330
2889		-	1422
2890		-	by the Department of Health and Human Services.
2891		-	1423
2892		-	(17)(a)(i) "Nonablative procedure" means a procedure that is expected or intended to
2893		-	1424
2894		-	alter living tissue, but is not expected or intended to excise, vaporize, disintegrate,
2895		-	1425
2896		-	or remove living tissue.
2897		-	1426
2898		-	(ii) Notwithstanding Subsection (17)(a)(i), nonablative procedure includes hair
2899		-	1427
2900		-	removal.
2901		-	1428
2902		-	(b) "Nonablative procedure" does not include:
2903		-	1429
2904		-	(i) a superficial procedure as defined in Section 58-1-102;
2905		-	1430
2906		-	(ii) the application of permanent make-up;
2907		-	1431
2908		-	(iii) laser tattoo removal; or
2909		-	1432
2910		-	[(iii)] (iv) the use of photo therapy lasers for neuromusculoskeletal treatments that are
2911		-	1433
2912		-	performed by an individual licensed under this title who is acting within the
2913		-	1434
2914		-	individual's scope of practice.
2915		-	1435
2916		-	(18) "Physician" means both physicians and surgeons licensed under [Section 58-67-301,
2917		-	1436
2918		-	Utah Medical Practice Act] Chapter 67, Part 3, Licensing, and osteopathic physicians and
2919		-	1437
2920		-	surgeons licensed under [Section 58-68-301, Utah Osteopathic Medical Practice Act]
2921		-	1438
2922		-	Part 3, Licensing.
2923		-	1439
2924		-	(19)(a) "Practice of osteopathic medicine" means:
2925		-	1440
2926		-	(i) to diagnose, treat, correct, administer anesthesia, or prescribe for any human
2927		-	1441
2928		-	disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or
2929		-	1442
2930		-	mental, real or imaginary, or to attempt to do so, by any means or instrumentality,
2931		-	1443
2932		-	which in whole or in part is based upon emphasis of the importance of the
2933		-	1444
2934		-	musculoskeletal system and manipulative therapy in the maintenance and
2935		-	1445
2936		-	restoration of health, by an individual in Utah or outside of the state upon or for
2937		-	1446
2938		-	any human within the state;
2939		-	1447
2940		-	(ii) when a person not licensed as a physician directs a licensee under this chapter to
2941		-	1448
2942		-	withhold or alter the health care services that the licensee has ordered;
2943		-	1449
2944		-	(iii) to maintain an office or place of business for the purpose of doing any of the acts
2945		-	1450
2946		-	described in Subsection (19)(a)(i) or (ii) whether or not for compensation; or
2947		-	1451
2948		-	(iv) to use, in the conduct of any occupation or profession pertaining to the diagnosis
2949		-	1452
2950		-	or treatment of human diseases or conditions, in any printed material, stationery,
2951		-	1453
2952		-	letterhead, envelopes, signs, or advertisements, the designation "doctor," "doctor
2953		-	1454
2954		-	of osteopathic medicine," "osteopathic physician," "osteopathic surgeon,"
2955		-	1455
2956		-	"osteopathic physician and surgeon," "Dr.," "D.O.," or any combination of these
2957		-	- 43 - S.B. 330 Enrolled Copy
2958		-	1456
2959		-	designations in any manner which might cause a reasonable person to believe the
2960		-	1457
2961		-	individual using the designation is a licensed osteopathic physician, and if the
2962		-	1458
2963		-	party using the designation is not a licensed osteopathic physician, the designation
2964		-	1459
2965		-	must additionally contain the description of the branch of the healing arts for
2966		-	1460
2967		-	which the person has a license, provided that an individual who has received an
2968		-	1461
2969		-	earned degree of doctor of osteopathic medicine but is not a licensed osteopathic
2970		-	1462
2971		-	physician and surgeon in Utah may use the designation "D.O." if it is followed by
2972		-	1463
2973		-	"Not Licensed" or "Not Licensed in Utah" in the same size and style of lettering.
2974		-	1464
2975		-	(b) The practice of osteopathic medicine does not include:
2976		-	1465
2977		-	(i) except for an ablative medical procedure as provided in Subsection (19)(b)(ii), the
2978		-	1466
2979		-	conduct described in Subsection (19)(a)(i) that is performed in accordance with a
2980		-	1467
2981		-	license issued under another chapter of this title;
2982		-	1468
2983		-	(ii) an ablative cosmetic medical procedure if the scope of practice for the person
2984		-	1469
2985		-	performing the ablative cosmetic medical procedure includes the authority to
2986		-	1470
2987		-	operate or perform a surgical procedure; or
2988		-	1471
2989		-	(iii) conduct under Subsection 58-68-501(2).
2990		-	1472
2991		-	(20) "Prescription device" means an instrument, apparatus, implement, machine,
2992		-	1473
2993		-	contrivance, implant, in vitro reagent, or other similar or related article, and any
2994		-	1474
2995		-	component part or accessory, which is required under federal or state law to be
2996		-	1475
2997		-	prescribed by a practitioner and dispensed by or through a person or entity licensed
2998		-	1476
2999		-	under this chapter or exempt from licensure under this chapter.
3000		-	1477
3001		-	(21) "Prescription drug" means a drug that is required by federal or state law or rule to be
3002		-	1478
3003		-	dispensed only by prescription or is restricted to administration only by practitioners.
3004		-	1479
3005		-	(22)(a) "Primary sex characteristic surgical procedure" means any of the following if
3006		-	1480
3007		-	done for the purpose of effectuating or facilitating an individual's attempted sex
3008		-	1481
3009		-	change:
3010		-	1482
3011		-	(i) for an individual whose biological sex at birth is male, castration, orchiectomy,
3012		-	1483
3013		-	penectomy, vaginoplasty, or vulvoplasty;
3014		-	1484
3015		-	(ii) for an individual whose biological sex at birth is female, hysterectomy,
3016		-	1485
3017		-	oophorectomy, metoidioplasty, or phalloplasty; or
3018		-	1486
3019		-	(iii) any surgical procedure that is related to or necessary for a procedure described in
3020		-	1487
3021		-	Subsection (22)(a)(i) or (ii), that would result in the sterilization of an individual
3022		-	1488
3023		-	who is not sterile.
3024		-	1489
3025		-	(b) "Primary sex characteristic surgical procedure" does not include:
3026		-	- 44 - Enrolled Copy S.B. 330
3027		-	1490
3028		-	(i) surgery or other procedures or treatments performed on an individual who:
3029		-	1491
3030		-	(A) is born with external biological sex characteristics that are irresolvably
3031		-	1492
3032		-	ambiguous;
3033		-	1493
3034		-	(B) is born with 46, XX chromosomes with virilization;
3035		-	1494
3036		-	(C) is born with 46, XY chromosomes with undervirilization;
3037		-	1495
3038		-	(D) has both ovarian and testicular tissue; or
3039		-	1496
3040		-	(E) has been diagnosed by a physician, based on genetic or biochemical testing,
3041		-	1497
3042		-	with a sex development disorder characterized by abnormal sex chromosome
3043		-	1498
3044		-	structure, sex steroid hormone production, or sex steroid hormone action for a
3045		-	1499
3046		-	male or female; or
3047		-	1500
3048		-	(ii) removing a body part:
3049		-	1501
3050		-	(A) because the body part is cancerous or diseased; or
3051		-	1502
3052		-	(B) for a reason that is medically necessary, other than to effectuate or facilitate an
3053		-	1503
3054		-	individual's attempted sex change.
3055		-	1504
3056		-	(23)(a) "Secondary sex characteristic surgical procedure" means any of the following if
3057		-	1505
3058		-	done for the purpose of effectuating or facilitating an individual's attempted sex
3059		-	1506
3060		-	change:
3061		-	1507
3062		-	(i) for an individual whose biological sex at birth is male, breast augmentation
3063		-	1508
3064		-	surgery, chest feminization surgery, or facial feminization surgery; or
3065		-	1509
3066		-	(ii) for an individual whose biological sex at birth is female, mastectomy, breast
3067		-	1510
3068		-	reduction surgery, chest masculinization surgery, or facial masculinization surgery.
3069		-	1511
3070		-	(b) "Secondary sex characteristic surgical procedure" does not include:
3071		-	1512
3072		-	(i) surgery or other procedures or treatments performed on an individual who:
3073		-	1513
3074		-	(A) is born with external biological sex characteristics that are irresolvably
3075		-	1514
3076		-	ambiguous;
3077		-	1515
3078		-	(B) is born with 46, XX chromosomes with virilization;
3079		-	1516
3080		-	(C) is born with 46, XY chromosomes with undervirilization;
3081		-	1517
3082		-	(D) has both ovarian and testicular tissue; or
3083		-	1518
3084		-	(E) has been diagnosed by a physician, based on genetic or biochemical testing,
3085		-	1519
3086		-	with a sex development disorder characterized by abnormal sex chromosome
3087		-	1520
3088		-	structure, sex steroid hormone production, or sex steroid hormone action for a
3089		-	1521
3090		-	male or female; or
3091		-	1522
3092		-	(ii) removing a body part:
3093	3118		1523
3094		-	(A) because the body part is cancerous or diseased; or
3095		-	- 45 - S.B. 330 Enrolled Copy
	3119	+	and 58-68-502 and as may be further defined by division rule.
3096	3120		1524
3097		-	~~(B) for a reason that is medically necessary, other than to effectuate or facilitate an~~
	3121	+	Section 30. Effective Date.
3098	3122		1525
3099		-	individual's attempted sex change.
3100		-	1526
3101		-	(24) "SPEX" means the Special Purpose Examination of the Federation of State Medical
3102		-	1527
3103		-	Boards.
3104		-	1528
3105		-	(25) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
3106		-	1529
3107		-	58-68-501.
3108		-	1530
3109		-	(26) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
3110		-	1531
3111		-	and 58-68-502 and as may be further defined by division rule.
3112		-	1532
3113		-	Section 30. Effective Date.
3114		-	1533
3115	3123		This bill takes effect on January 1, 2026.
3116	3124		- 46 -