Enrolled Copy S.B. 330
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Cosmetology Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
House Sponsor: A. Cory Maloy
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LONG TITLE
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General Description:
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This bill restructures the licensing standards for the Cosmetology and Associated
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Professions Licensing Act.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ creates a scope of practice for professionals regulated by the Cosmetology and Associated
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Professions Licensing Act;
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▸ restructures the existing Cosmetology and Associated Professions Licensing Board;
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▸ restructures the license classifications regulated by the Cosmetology and Associated
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Professions Licensing Act;
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▸ restructures the qualifications for licensure for professionals regulated by the
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Cosmetology and Associated Professions Licensing Act;
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▸ establishes standards for apprenticeship for professionals regulated by the Cosmetology
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and Associated Professions Licensing Act;
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▸ addresses unprofessional conduct;
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▸ allows a school to receive curriculum approval from the Division of Professional
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Licensing; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a special effective date.
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Utah Code Sections Affected: S.B. 330 Enrolled Copy
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AMENDS:
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58-1-102, as last amended by Laws of Utah 2024, Chapter 486
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58-1-506, as last amended by Laws of Utah 2024, Chapter 486
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58-11a-201, as last amended by Laws of Utah 2024, Chapter 479
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58-11a-303, as last amended by Laws of Utah 2001, Chapter 204
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58-11a-304, as last amended by Laws of Utah 2024, Chapter 479
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58-11a-503, as last amended by Laws of Utah 2020, Chapter 339
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58-67-102, as last amended by Laws of Utah 2024, Chapter 507
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58-68-102, as last amended by Laws of Utah 2024, Chapter 507
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ENACTS:
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58-11a-302.10, Utah Code Annotated 1953
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58-11a-302.11, Utah Code Annotated 1953
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58-11a-302.12, Utah Code Annotated 1953
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58-11a-302.13, Utah Code Annotated 1953
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58-11a-302.14, Utah Code Annotated 1953
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58-11a-302.15, Utah Code Annotated 1953
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58-11a-302.16, Utah Code Annotated 1953
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58-11a-302.17, Utah Code Annotated 1953
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58-11a-302.18, Utah Code Annotated 1953
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58-11a-302.19, Utah Code Annotated 1953
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58-11a-302.20, Utah Code Annotated 1953
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58-11a-302.21, Utah Code Annotated 1953
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58-11a-302.22, Utah Code Annotated 1953
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58-11a-302.23, Utah Code Annotated 1953
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58-11a-302.24, Utah Code Annotated 1953
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58-11a-302.25, Utah Code Annotated 1953
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REPEALS AND REENACTS:
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58-11a-102, as last amended by Laws of Utah 2024, Chapter 479
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58-11a-301, as last amended by Laws of Utah 2024, Chapter 479
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58-11a-302, as last amended by Laws of Utah 2024, Chapters 137, 479
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58-11a-306, as last amended by Laws of Utah 2024, Chapter 479
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58-11a-501, as last amended by Laws of Utah 2024, Chapter 479
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 58-1-102 is amended to read:
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58-1-102 . Definitions.
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As used in this title:
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(1)(a) "Ablative procedure" means the same as that term is defined in Section 58-67-102.
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(b) "Ablative procedure" does not include laser tattoo removal.
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(2) "Cosmetic medical procedure":
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(a) means the same as that term is defined in Section 58-67-102; and
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(b) except for Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah Osteopathic
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Medical Practice Act, does not apply to the scope of practice of an individual
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licensed under this title if the individual's scope of practice includes the authority to
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operate or perform surgical procedures.
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(3) "Cryolipolysis" means a nonablative fat reduction procedure that uses cold temperature
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to reduce fat deposits in certain areas of the body.
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(4) "Department" means the Department of Commerce.
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(5) "Director" means the director of the Division of Professional Licensing.
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(6) "Division" means the Division of Professional Licensing created in Section 58-1-103.
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(7) "Executive director" means the executive director of the Department of Commerce.
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(8) "Licensee" includes any holder of a license, certificate, registration, permit, student
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card, or apprentice card authorized under this title.
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(9)(a)(i) "Nonablative procedure" means a procedure that is expected or intended to
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alter living tissue, but not intended or expected to excise, vaporize, disintegrate, or
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remove living tissue.
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(ii) Notwithstanding Subsection [(8)(a)(i)] (9)(a)(i), nonablative procedure includes
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hair removal and cryolipolysis.
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(b) "Nonablative procedure" does not include:
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(i) a superficial procedure;
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(ii) the application of permanent make-up;
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(iii) laser tattoo removal; or
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[(iii)] (iv) the use of photo therapy and lasers for neuromusculoskeletal treatments that
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are performed by an individual licensed under this title who is acting within their
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scope of practice.
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(10) "Pain clinic" means:
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(a) a clinic that advertises its primary purpose is the treatment of chronic pain; or
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(b) a clinic in which greater than 50% of the clinic's annual patient population receive
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treatment primarily for non-terminal chronic pain using Schedule II-III controlled
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substances.
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(11) "Superficial procedure" means a procedure that is expected or intended to temporarily
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alter living skin tissue and may excise or remove stratum corneum but have no
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appreciable risk of damage to any tissue below the stratum corneum.
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(12) "Telemedicine service" means the same as that term is defined in Section 26B-4-704.
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(13) "Unlawful conduct" means the same as that term is defined in Subsection 58-1-501(1).
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(14) "Unprofessional conduct" means the same as that term is defined in Subsection
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58-1-501(2).
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Section 2. Section 58-1-506 is amended to read:
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58-1-506 . Supervision of cosmetic medical procedures.
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(1) For purposes of this section:
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(a) "Delegation group A" means the following who are licensed under this title, acting
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within their respective scopes of practice, and qualified under Subsections (2)(f)(i)
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and (iii):
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(i) a physician assistant, if acting in accordance with Chapter 70a, Utah Physician
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Assistant Act;
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(ii) a registered nurse;
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(iii) a master esthetician; and
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(iv) an electrologist, if evaluating for or performing laser hair removal.
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(b) "Delegation group B" means:
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(i) a practical nurse or an esthetician who is licensed under this title, acting within [
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their] the nurse or esthetician's respective scopes of practice, and qualified under
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Subsections (2)(f)(i) and (iii); and
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(ii) a medical assistant who is qualified under Subsections (2)(f)(i) and (iii).
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(c) "Direct cosmetic medical procedure supervision" means the supervisor:
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(i) has authorized the procedure to be done on the patient by the supervisee; and
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(ii) is present and available for a face-to-face communication with the supervisee
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when and where a cosmetic medical procedure is performed.
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(d) "General cosmetic medical procedure supervision" means the supervisor:
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(i) has authorized the procedure to be done on the patient by the supervisee;
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(ii) is available in a timely and appropriate manner in person to evaluate and initiate
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care for a patient with a suspected adverse reaction or complication; and
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(iii) is located within 60 minutes or 60 miles of the cosmetic medical facility.
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(e) "Hair removal review" means:
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(i) conducting an in-person, face-to-face interview of a patient based on the responses
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provided by the patient to a detailed medical history assessment that was prepared
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by the supervisor;
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(ii) evaluating for contraindications and conditions that are part of the treatment plan;
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and
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(iii) if the patient history or patient presentation deviates in any way from the
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treatment plan, referring the patient to the supervisor and receiving clearance from
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the supervisor before starting the treatment.
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(f) "Indirect cosmetic medical procedure supervision" means the supervisor:
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(i) has authorized the procedure to be done on the patient by the supervisee;
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(ii) has given written instructions to the person being supervised;
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(iii) is present within the cosmetic medical facility in which the person being
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supervised is providing services; and
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(iv) is available to:
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(A) provide immediate face-to-face communication with the person being
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supervised; and
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(B) evaluate the patient, as necessary.
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(2) A supervisor supervising a nonablative cosmetic medical procedure for hair removal
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shall:
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(a) have an unrestricted license to practice medicine or advanced practice registered
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nursing in the state;
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(b) develop the medical treatment plan for the procedure;
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(c) conduct a hair removal review, or delegate the hair removal review to a member of
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delegation group A, of the patient prior to initiating treatment or a series of
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treatments;
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(d) personally perform the nonablative cosmetic medical procedure for hair removal, or
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authorize and delegate the procedure to a member of delegation group A or B;
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(e) during the nonablative cosmetic medical procedure for hair removal provide general
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cosmetic medical procedure supervision to individuals in delegation group A
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performing the procedure, except physician assistants, who shall act in accordance
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with Chapter 70a, Utah Physician Assistant Act, and indirect cosmetic medical
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procedure supervision to individuals in delegation group B performing the procedure;
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and
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(f) verify that a person to whom the supervisor delegates an evaluation under Subsection
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(2)(c) or delegates a procedure under Subsection (2)(d)[ or (3)(c)(ii)]:
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(i) has received appropriate training regarding the medical procedures developed
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under Subsection (2)(b);
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(ii) has an unrestricted license under this title or is performing under the license of the
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supervising physician and surgeon; and
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(iii) has maintained competence to perform the nonablative cosmetic medical
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procedure through documented education and experience of at least 80 hours, as
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further defined by rule, regarding:
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(A) the appropriate standard of care for performing nonablative cosmetic medical
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procedures;
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(B) physiology of the skin;
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(C) skin typing and analysis;
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(D) skin conditions, disorders, and diseases;
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(E) pre- and post-procedure care;
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(F) infection control;
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(G) laser and light physics training;
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(H) laser technologies and applications;
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(I) safety and maintenance of lasers;
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(J) cosmetic medical procedures an individual is permitted to perform under this
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title;
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(K) recognition and appropriate management of complications from a procedure;
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and
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(L) cardiopulmonary resuscitation (CPR).
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[(3) For a nonablative cosmetic medical procedure for tattoo removal:]
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[(a) a supervisor supervising a nonablative cosmetic medical procedure for tattoo
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removal shall:]
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[(i) have an unrestricted license to practice medicine or advanced practice registered
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nursing in the state; and]
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[(ii) develop the medical treatment plan for the procedure; and]
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[(b) a nurse practitioner or physician assistant:]
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[(i) shall conduct an in-person face-to-face evaluation of a patient before initiating a
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treatment protocol or series of treatments for removing a tattoo;]
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[(ii) shall inspect the patient's skin for any discoloration unrelated to the tattoo and
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any other indication of cancer or other condition that should be treated or further
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evaluated before the tattoo is removed;]
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[(iii) shall refer a patient with a condition described in Subsection (3)(b)(ii) to a
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physician for treatment or further evaluation; and]
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[(iv) may not perform a nonablative cosmetic medical procedure to remove a tattoo
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on a patient unless the patient is approved for the tattoo removal by a physician
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after the physician evaluates the patient.]
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[(4)] (3) For a nonablative cosmetic medical procedure other than hair removal under
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Subsection (2)[ or tattoo removal under Subsection (3)]:
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(a) a physician who has an unrestricted license to practice medicine, a nurse practitioner
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who has an unrestricted license for advanced practice registered nursing, or a
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physician assistant acting in accordance with Chapter 70a, Utah Physician Assistant
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Act, who has an unrestricted license to practice as a physician assistant, shall:
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(i) develop a treatment plan for the nonablative cosmetic medical procedure; and
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(ii) conduct an evaluation of the patient either in-person or utilizing a live
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telemedicine visit before the initiation of a treatment protocol or series of
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treatments; and
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(b) the supervisor supervising the procedure shall:
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(i) have an unrestricted license to practice medicine or advanced practice registered
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nursing;
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(ii) personally perform the nonablative cosmetic medical procedure or:
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(A) authorize and provide general cosmetic medical procedure supervision for the
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nonablative cosmetic medical procedure that is performed by a registered nurse
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or a master esthetician; or
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(B) authorize and provide supervision as provided in Chapter 70a, Utah Physician
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Assistant Act, for the nonablative cosmetic medical procedure that is
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performed by a physician assistant;[ or] and
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(C) authorize and provide direct cosmetic medical procedure supervision for the
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nonablative cosmetic medical procedure that is performed by an esthetician or
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a practical nurse; and
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(iii) verify that a person to whom the supervisor delegates a procedure under
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Subsection [(3)(c)] (3)(b):
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(A) has received appropriate training regarding the medical procedures to be
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performed;
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(B) has an unrestricted license and is acting within the person's scope of practice
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under this title; and
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(C) is qualified under Subsection (2)(f)(iii).
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[(5)] (4) A supervisor performing or supervising a cosmetic medical procedure under
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Subsection (2) or (3)[ or (4)] shall ensure that:
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(a) the supervisor's name is prominently posted at the cosmetic medical facility
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identifying the supervisor;
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(b) a copy of the supervisor's license is displayed on the wall of the cosmetic medical
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facility;
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(c) the patient receives written information with the name and licensing information of
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the supervisor who is supervising the nonablative cosmetic medical procedure and
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the person who is performing the nonablative cosmetic medical procedure;
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(d) the patient is provided with a telephone number that is answered within 24 hours for
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follow-up communication; and
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(e) the cosmetic medical facility's contract with a master esthetician who performs a
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nonablative cosmetic medical procedure at the facility is kept on the premises of the
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facility.
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[(6)] (5) Failure to comply with the provisions of this section is unprofessional conduct.
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[(7)] (6) A chiropractic physician licensed under Chapter 73, Chiropractic Physician
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Practice Act, is not subject to the supervision requirements in this section for a
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nonablative cosmetic medical procedure for hair removal if the chiropractic physician is
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acting within the scope of practice of a chiropractic physician and with training specific
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to nonablative hair removal.
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Section 3. Section 58-11a-102 is repealed and reenacted to read:
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58-11a-102 . Definitions.
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As used in this chapter:
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(1) "Approved apprenticeship" means an apprenticeship that meets the requirements of
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Section 58-11a-306 for any applicable license or permit type and the requirements
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established by administrative rules made by the division in collaboration with the board
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and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
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(2) "Board" means the Cosmetology and Associated Professions Licensing Board created in
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Section 58-11a-201.
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(3)(a) "Cosmetic medical device" means a nonablative tissue altering energy based
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device, including a laser, that is expected or intended to alter living tissue, but is not
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intended or expected to excise, vaporize, disintegrate, or remove living tissue.
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(b) "Cosmetic medical device" includes:
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(i) American National Standards Institute designated Class IIIb and Class IV lasers;
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(ii) devices that utilize intense pulsed light;
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(iii) radio frequency devices; and
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(iv) lipolytic devices.
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(c) "Cosmetic medical device" does not include an American National Standards
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Institute designated Class IIIa and lower powered device.
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(4) "Dermaplane" means the use of a scalpel or bladed instrument to shave the upper layers
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of the stratum corneum.
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(5) "Direct supervision" means that the supervisor of an apprentice or the instructor of a
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student is physically present in the same building as the apprentice or student and readily
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able to establish direct contact with the apprentice or student for consultation, advice,
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instruction, and evaluation.
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(6) "Division" means the Division of Professional Licensing, created in Section 58-1-103.
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(7)(a) "Hair braiding" means the twisting, weaving, or interweaving of an individual's
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natural human hair.
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(b) "Hair braiding" includes the following methods or styles:
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(i) African-style braiding;
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(ii) box braids;
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(iii) cornrows;
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(iv) dreadlocks;
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(v) french braids;
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(vi) invisible braids;
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(vii) micro braids;
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(viii) single braids;
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(ix) single plaits;
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(x) twists;
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(xi) visible braids;
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(xii) the use of lock braids;
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(xiii) the use of decorative beads, accessories, and extensions; and
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(xiv) the use of wefts if applied without the use of glue or tape.
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(c) "Hair braiding" does not include:
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(i) the use of:
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(A) wefts if applied with the use of glue or tape;
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(B) synthetic tape;
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(C) synthetic glue;
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(D) keratin bonds;
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(E) fusion bonds; or
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(F) heat tools;
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(ii) the cutting of human hair; or
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(iii) the application of heat, dye, a reactive chemical, or other preparation to:
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(A) alter the color of the hair; or
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(B) straighten, curl, or alter the structure of the hair.
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(8) "Instructor" means an individual that is licensed to instruct a discipline that is regulated
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by this chapter.
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(9) "Licensed school" means a school in Utah that:
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(a) meets the standards for accreditation established by administrative rules made by the
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division; or
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(b) is using curriculum approved by the division.
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(10)(a) "Manual hair removal" means superfluous hair removal that is performed
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without using a cosmetic medical device or electrolysis.
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(b) "Manual hair removal" includes:
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(i) the use of depilatories;
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(ii) shaving;
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(iii) sugaring;
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(iv) tweezing; and
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(v) waxing.
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(c) "Manual hair removal" does not include threading.
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(11) "Minimum service count" means the minimum number of repetitions of a given
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service a license or permit applicant is required to complete to gain a minimum level of
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competence as established by administrative rules made by the division for a service.
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(12) "Permit" means a safety permit that gives the holder authority to perform certain
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services.
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(13) "Recognized school" means a school located in a jurisdiction other than Utah whose
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students, upon graduation, are recognized as having completed the educational
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requirements for the licensure in the jurisdiction in which the school is located.
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(14) "Representative of a licensed school" means an individual:
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(a) that is acting in the individual's capacity as an employee of a licensed school; or
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(b) with an ownership or financial interest in a licensed school.
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(15) "Salon" means a place, shop, or establishment in which an individual licensed or
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permitted under this chapter practices the individual's discipline.
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(16) "Threading" means a method of removing hair from the eyebrows, upper lip, or other
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body parts by using cotton thread to pull hair from follicles without the use of chemicals,
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heat, or wax.
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(17) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
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58-11a-502.
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(18) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
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and 58-11a-501 and as may be further defined by administrative rules made by the
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division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act.
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Section 4. Section 58-11a-201 is amended to read:
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58-11a-201 . Board.
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(1) There is created the Cosmetology and Associated Professions Licensing Board
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consisting of the following members:
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(a)(i) one [barber or ]cosmetologist[/barber]; or
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(ii) one cosmetologist instructor;
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[(b)(i) one barber or cosmetologist/barber instructor; or]
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[(ii) one representative of a licensed barber or cosmetology/barber school;]
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[(c)] (b)(i) one master esthetician; or
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(ii) one master esthetician instructor;
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(c)(i) one nail technician; or
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(ii) one nail technician instructor;
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[(d)(i) one esthetician instructor; or]
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[(ii) one representative of a licensed esthetics school;]
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[(e) one nail technician;]
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[(f)(i) one nail technician instructor; or]
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[(ii) one representative of a licensed nail technology school;]
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[(g)] (d)(i) one electrologist; or
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(ii) one electrologist instructor;
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(e) one representative of a licensed school that is publicly funded;
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(f) one representative of a licensed school that is privately funded;
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(g) one supervisor as defined in Section 58-1-505; and
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[(h) one eyelash and eyebrow technician;]
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[(i)(i) one eyelash and eyebrow technician instructor; or]
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[(ii) one representative of a licensed eyelash and eyebrow technology school; and]
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[(j)] (h) two members from the general public.
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(2)(a) The board shall be appointed and serve in accordance with Section 58-1-201.
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(b) Except for the members specified in Subsections (1)(e) and (1)(f), a member may not
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participate as a representative of a licensed school.
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[(b)(i) At least one of the members of the board appointed under Subsections (1)(b),
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(d), and (f) shall be an instructor at or a representative of a public school.]
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[(ii) At least one of the members of the board appointed under Subsections (1)(b),
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(d), and (f) shall be an instructor at or a representative of a private school.]
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(3)(a) [The ] The board shall perform the duties and responsibilities [of the board are in
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accordance with] described in Sections 58-1-202 and 58-1-203.
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(b) [In addition, the ] The board shall designate one of [its] the board members on a
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permanent or rotating basis to:
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[(a)] (i) assist the division in reviewing complaints concerning the unlawful or
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unprofessional conduct of a licensee; and
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[(b)] (ii) advise the division in [its] the division's investigation of these complaints.
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(4) A board member who has, under Subsection (3), reviewed a complaint or advised in [its]
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the investigation of the complaint may be disqualified from participating with the board
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when the board serves as a presiding officer in an adjudicative proceeding concerning
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the complaint.
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Section 5. Section 58-11a-301 is repealed and reenacted to read:
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58-11a-301 . Licensure or permit required.
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(1) Subject to Subsection (2), a person must be licensed or permitted as required under this
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chapter to practice a discipline regulated by this chapter.
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(2) An individual is not required to be licensed or permitted if the individual:
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(a) is a registered apprentice in accordance with this chapter; or
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(b) qualifies for an exemption under:
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(i) Section 58-1-307; or
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(ii) Section 58-11a-304.
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Section 6. Section 58-11a-302 is repealed and reenacted to read:
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58-11a-302 . General qualifications for licensure and permitting.
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(1) An applicant for a license or permit under this chapter shall:
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(a)(i) submit an application in a form prescribed by the division; and
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(ii) pay a fee determined by the division in compliance with Section 63J-1-504;
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(b) provide satisfactory documentation of completion of required minimum service
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counts, certified by the applicant's school, or, if under an apprenticeship, the
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applicant's supervisor; and:
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(i) compliance with educational requirements of the respective license or permit; or
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(ii) completion of an approved apprenticeship; and
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(c) pass an examination, as required by administrative rule established by the division.
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(2)(a) The division shall establish administrative rules to determine how many hours for
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an existing license or permit that an applicant may credit towards the hours required
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for an additional permit or license.
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(b) An individual that holds a cosmetology license may count 600 hours as a
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cosmetologist to satisfy the 1,200 total hours requirement for a master esthetics
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license.
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Section 7. Section 58-11a-302.10 is enacted to read:
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58-11a-302.10 . Practice of barbering -- Barbering permit -- Qualifications.
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(1) The practice of barbering includes:
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(a) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
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shears, clippers, or other appliances;
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(b) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
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drying;
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(c) cutting, wet styling, fitting, measuring, or forming caps for wigs and hairpieces on
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the human head;
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(d) removing hair from the face or neck of an individual by using shaving equipment,
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including an electric trimmer; and
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(e) when providing other services described in this Subsection (1), gently massaging the
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head, back of the neck, and shoulders by manual or mechanical means.
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(2) An individual may not engage in the practice of barbering unless the individual holds a
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barbering permit.
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(3) An applicant for a barbering permit shall comply with the requirements in Section
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58-11a-302 and:
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(a) attend a licensed or recognized school and complete a curriculum that:
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(i) covers:
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(A) hair safety requirements; and
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(B) barbering; and
438
(ii) has a minimum of 130 hours of instruction or the equivalent number of credit
439
hours; or
440
(b) complete an approved barber apprenticeship.
441
(4) If the applicant graduates from a recognized school with less than 130 hours of
442
instruction, the applicant may count hours practiced as a barber in a jurisdiction other
443
than Utah to satisfy the 130 total hours requirement.
444
(5) An individual with a barbering permit may apply credit hours to another license or
445
permit under this chapter, as allowed in Subsection 58-11a-302(2).
446
Section 8. Section 58-11a-302.11 is enacted to read:
447
58-11a-302.11 . Practice of basic esthetics -- Basic esthetics permit --
448
Qualifications.
449
(1) The practice of basic esthetics means any one of the following skincare procedures done
450
on the face or body for cosmetic purposes and not for the treatment of medical, physical,
451
or mental ailments:
452
(a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays or
453
masks, and manual extraction, including a comedone extractor; or
454
(b) manual hair removal.
455
(2) An individual may not engage in the practice of basic esthetics unless the individual
456
holds a basic esthetics permit.
457
(3) An applicant for a basic esthetics permit shall comply with the requirements in Section
458
58-11a-302 and:
459
(a) attend a licensed or recognized school and complete a curriculum that:
460
(i) covers:
461
(A) basic esthetics; and
462
(B) manual hair removal; and
463
(ii) has a minimum of 200 hours of instruction or the equivalent number of credit
464
hours; or
465
(b) complete an approved basic esthetics permit apprenticeship.
466
(4) If the applicant graduates from a recognized school with less than 200 hours of
467
instruction, the applicant may count hours practiced as an esthetician in a jurisdiction
468
other than Utah to satisfy the 200 total hours requirement.
469
(5) An individual with a basic esthetics permit is not considered an esthetician for purposes
- 14 - Enrolled Copy S.B. 330
470
of Section 58-1-506.
471
(6) An individual with a basic esthetics permit may apply credit hours to another license or
472
permit under this chapter, as allowed in Subsection 58-11a-302(2).
473
Section 9. Section 58-11a-302.12 is enacted to read:
474
58-11a-302.12 . Practice of chemical hair services -- Chemical hair services
475
permit -- Qualifications.
476
(1) The practice of chemical hair services includes bleaching, tinting, coloring, relaxing,
477
permanent waving, or similarly treating the hair of the head of an individual.
478
(2) An individual may not engage in the practice of chemical hair services unless the
479
individual holds a chemical hair services permit.
480
(3) An applicant for a chemical hair service permit shall comply with the requirements in
481
Section 58-11a-302 and:
482
(a) attend a licensed or recognized school and complete a curriculum that:
483
(i) covers chemical hair services; and
484
(ii) has a minimum of 260 hours of instruction or the equivalent number of credit
485
hours; or
486
(b) complete an approved chemical hair service apprenticeship.
487
(4) If the applicant graduates from a recognized school with less than 260 hours of
488
instruction, the applicant may count hours practiced as a chemical hair service technician
489
in a jurisdiction other than Utah to satisfy the 260 total hours requirement.
490
(5) An individual with a chemical hair services permit may apply credit hours to another
491
license or permit under this chapter, as allowed in Subsection 58-11a-302(2).
492
Section 10. Section 58-11a-302.13 is enacted to read:
493
58-11a-302.13 . Practice of cosmetology -- Cosmetology license -- Qualifications.
494
(1) The practice of cosmetology includes:
495
(a) styling, arranging, dressing, curling, waving, cleaning, singeing, bleaching, tinting,
496
coloring, permanent waving, or similarly treating the hair of the head of an individual;
497
(b) cutting, clipping, or trimming the hair by using scissors, shears, clippers, or other
498
appliances;
499
(c) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
500
drying;
501
(d) removing hair from the face or neck of an individual by using shaving equipment;
502
(e) arching eyebrows by tweezing, tinting eyebrows or eyelashes, or perming eyelashes
503
or eyebrows;
- 15 - S.B. 330 Enrolled Copy
504
(f) manual hair removal;
505
(g) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays or
506
masks, and manual extraction, including a comedone extractor;
507
(h) limited chemical exfoliation as defined by administrative rules made by the division;
508
(i) cutting, curling, styling, fitting, measuring, or forming caps for wigs and hairpieces
509
on the human head;
510
(j) practicing hair weaving or hair fusing or servicing previously medically implanted
511
hair;
512
(k) trimming, cutting, cleaning, manicuring, shaping, massaging hands to elbows and
513
feet to knees, or enhancing the appearance of the hands, feet, and nails of an
514
individual by using the cosmetologist's hands, mechanical or electrical preparation,
515
antiseptic, lotion, or cream;
516
(l) natural nail manicures and pedicures;
517
(m) applying and removing sculptured or artificial nails; and
518
(n) using blades, including corn or callus planer or rasp, for smoothing, shaving, or
519
removing dead skin from the feet.
520
(2) An individual may not engage in the practice of cosmetology unless the individual holds
521
a cosmetology license.
522
(3) An applicant for a cosmetology license shall comply with the requirements in Section
523
58-11a-302 and:
524
(a) attend a licensed or recognized school and complete a curriculum that:
525
(i) covers:
526
(A) barbering;
527
(B) haircutting;
528
(C) chemical hair services;
529
(D) manual hair removal;
530
(E) eyelash and eyebrow technology, except for eyelash extensions;
531
(F) basic esthetics; and
532
(G) nail technology; and
533
(ii) has a minimum of 1,250 hours of instruction or the equivalent number of credit
534
hours; or
535
(b) complete an approved cosmetologist apprenticeship.
536
(4) If the applicant graduates from a recognized school with less than 1,250 hours of
537
instruction, the applicant may count hours practiced as a cosmetologist in a jurisdiction
- 16 - Enrolled Copy S.B. 330
538
other than Utah to satisfy the 1,250 total hours requirement.
539
(5) An individual with a cosmetology license may be known as a cosmetologist or a barber.
540
(6) An individual with a cosmetology license may apply credit hours to another license or
541
permit under this chapter, as allowed in Subsection 58-11a-302(2).
542
Section 11. Section 58-11a-302.14 is enacted to read:
543
58-11a-302.14 . Practice of electrology -- Electrology license -- Qualifications.
544
(1) The practice of electrology includes removing superfluous hair:
545
(a) from the body and face of an individual by using electricity, waxing, shaving, or
546
tweezing; and
547
(b) by using a laser pursuant to requirements described in Section 58-1-506.
548
(2) An individual may not engage in the practice of electrology unless the individual holds
549
an electrology license.
550
(3) An applicant for an electrology license shall comply with the requirements of Section
551
58-11a-302 and:
552
(a) attend a licensed or recognized school and complete a curriculum that:
553
(i) covers:
554
(A) laser hair removal;
555
(B) electrolysis; and
556
(C) waxing; and
557
(ii) has a minimum of 600 hours of instruction or the equivalent number of credit
558
hours; or
559
(b) complete an approved electrology technician apprenticeship.
560
(4) If the applicant graduates from a recognized school with less than 600 hours of
561
instruction, the applicant may count hours practiced as a licensed electrologist in a
562
jurisdiction other than Utah to satisfy the 600 total hours requirement.
563
(5) An individual with an electrology license may apply credit hours to another license or
564
permit under this chapter, as allowed in Subsection 58-11a-302(2).
565
Section 12. Section 58-11a-302.15 is enacted to read:
566
58-11a-302.15 . Practice of eyelash and eyebrow technology -- Eyelash and
567
eyebrow technology license -- Qualifications.
568
(1) The practice of eyelash and eyebrow technology includes arching eyebrows by tweezing
569
or waxing, tinting eyelashes or eyebrows, facial waxing, perming eyelashes or
570
eyebrows, and applying eyelash or eyebrow extensions.
571
(2) An individual may not engage in the practice of eyelash and eyebrow technology unless
- 17 - S.B. 330 Enrolled Copy
572
the individual holds an eyelash and eyebrow technology license.
573
(3) An applicant for an eyelash and eyebrow technology license shall comply with the
574
requirements of Section 58-11a-302 and:
575
(a) attend a licensed or recognized school and complete a curriculum that:
576
(i) covers eyelash and eyebrow technology; and
577
(ii) has a minimum of 270 hours of instruction or the equivalent number of credit
578
hours; or
579
(b) complete an approved eyelash and eyebrow apprenticeship.
580
(4) If the applicant graduates from a recognized school with less than 270 hours of
581
instruction, the applicant may count hours practiced as a licensed eyelash and eyebrow
582
technician in a jurisdiction other than Utah to satisfy the 270 total hours requirement.
583
(5) An individual with an eyelash and eyebrow technology license may apply credit hours
584
to another license or permit under this chapter, as allowed in Subsection 58-11a-302(2).
585
Section 13. Section 58-11a-302.16 is enacted to read:
586
58-11a-302.16 . Practice of facial hair removal -- Facial hair removal permit --
587
Qualifications.
588
(1) The practice of facial hair removal includes cleansing, applying oil and antiseptics, and
589
manual hair removal on the face.
590
(2) An individual may not engage in the practice of facial hair removal unless the individual
591
holds a facial hair removal permit.
592
(3) An applicant for a facial hair removal permit shall comply with the requirements of
593
Section 58-11a-302 and:
594
(a) attend a licensed or recognized school and complete a curriculum that:
595
(i) covers facial hair removal; and
596
(ii) has a minimum of 50 hours of instruction or the equivalent number of credit
597
hours; or
598
(b) complete an approved facial hair removal apprenticeship.
599
(4) If the applicant graduates from a recognized school with less than 50 hours of
600
instruction, the applicant may count hours practiced as a permitted facial hair removal
601
technician in a jurisdiction other than Utah to satisfy the 50 total hours requirement.
602
(5) An individual with a facial hair removal permit may apply credit hours to another
603
license or permit under this chapter, as allowed in Subsection 58-11a-302(2).
604
Section 14. Section 58-11a-302.17 is enacted to read:
605
58-11a-302.17 . Practice of haircutting -- Haircutting permit -- Qualifications.
- 18 - Enrolled Copy S.B. 330
606
(1) The practice of haircutting includes:
607
(a) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
608
shears, clippers, or other appliances;
609
(b) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
610
drying;
611
(c) hair fusing and extensions; and
612
(d) when providing other services described in this Subsection (1), gently massaging the
613
head, back of the neck, and shoulders by manual or mechanical means.
614
(2) An individual may not engage in the practice of haircutting unless the individual holds a
615
haircutting permit.
616
(3) An applicant for a haircutting permit shall comply with the requirements of Section
617
58-11a-302 and:
618
(a) attend a licensed or recognized school and complete a curriculum that:
619
(i) covers:
620
(A) hair safety requirements; and
621
(B) haircutting; and
622
(ii) has a minimum of 150 hours of instruction or the equivalent number of credit
623
hours; or
624
(b) complete an approved haircutting apprenticeship.
625
(4) If the applicant graduates from a recognized school with less than 150 hours of
626
instruction, the applicant may count hours practiced as a haircutting technician in a
627
jurisdiction other than Utah to satisfy the 150 total hours requirement.
628
(5) An individual with a haircutting permit may apply credit hours to another license or
629
permit under this chapter, as allowed in Subsection 58-11a-302(2).
630
Section 15. Section 58-11a-302.18 is enacted to read:
631
58-11a-302.18 . Practice of master esthetics -- Master esthetics license --
632
Qualifications.
633
(1)(a) The practice of master esthetics includes:
634
(i) body wraps, as defined by administrative rules made by the division;
635
(ii) hydrotherapy, as defined by administrative rules made by the division;
636
(iii) limited chemical exfoliation and chemical exfoliation, as defined by
637
administrative rules made by the division;
638
(iv) callous removal by buffing or filing;
639
(v) sanding, including microdermabrasion;
- 19 - S.B. 330 Enrolled Copy
640
(vi) advanced extraction;
641
(vii) dermaplaning;
642
(viii) other esthetic preparations or procedures that use:
643
(A) the hands; or
644
(B) a mechanical or electrical apparatus that is approved for use by administrative
645
rules made by the division;
646
(ix) the use of a cosmetic medical device to perform nonablative procedures,
647
including:
648
(A) laser hair removal;
649
(B) body contouring;
650
(C) anti-aging resurfacing enhancements; and
651
(D) photo rejuvenation;
652
(x) lymphatic massage by manual or other means as defined by administrative rules
653
made by the division;
654
(xi) manual hair removal;
655
(xii) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays
656
or masks, and manual extraction, including a comedone extractor;
657
(xiii) natural nail manicures and pedicures; and
658
(xiv) eyelash and eyebrow technology.
659
(b) An individual with a master esthetics license may not perform any service described
660
in Subsection (1)(a) for the treatment of medical, physical, or mental ailments.
661
(c) An individual with a master esthetics license may perform:
662
(i) a procedure described in Subsections (1)(a)(ix)(A) through (D) pursuant to the
663
requirements described in Section 58-1-506; and
664
(ii) chemical exfoliation pursuant to the supervision requirements established by
665
administrative rules made by the division in accordance with Title 63G, Chapter 3,
666
Utah Administrative Rulemaking Act.
667
(d) Except as required in Subsection (1)(c), a procedure described in this section that is
668
performed by an individual with a master esthetics license may be performed without
669
supervision by a medical professional.
670
(2) An individual may not engage in the practice of master esthetics unless the individual
671
holds a master esthetics license.
672
(3) An applicant for a master esthetics license shall comply with the requirements of
673
Section 58-11a-302 and:
- 20 - Enrolled Copy S.B. 330
674
(a) attend a licensed or recognized school and complete a curriculum that:
675
(i) covers:
676
(A) eyelash and eyebrow technology;
677
(B) cosmetic medical procedures;
678
(C) body contouring and lymphatic massage; and
679
(D) advanced skincare; and
680
(ii) has a minimum of 1,200 hours of instruction or the equivalent number of credit
681
hours; or
682
(b) complete an approved master esthetics apprenticeship.
683
(4) If the applicant graduates from a recognized school with less than 1,200 hours of
684
instruction, the applicant may count hours practiced as an esthetician in a jurisdiction
685
other than Utah to satisfy the 1,200 total hours requirement.
686
(5) An individual with a master esthetics license may apply credit hours to another license
687
or permit under this chapter, as allowed in Subsection 58-11a-302(2).
688
Section 16. Section 58-11a-302.19 is enacted to read:
689
58-11a-302.19 . Practice of master hair design and master barbering -- Master
690
hair design license and master barbering license -- Qualifications.
691
(1) The practice of master hair design and practice of master barbering includes:
692
(a) styling, arranging, dressing, curling, or waving the hair of the head of an individual;
693
(b) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
694
shears, clippers, or other appliances;
695
(c) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
696
drying;
697
(d) hair fusing and extensions;
698
(e) removing hair from the face or neck of an individual by using shaving equipment;
699
(f) cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or
700
both on the human head;
701
(g) practicing hair weaving, hair fusing, or servicing previously medically implanted
702
hair;
703
(h) when providing other services described in this Subsection (1), gently massaging the
704
head, back of the neck, and shoulders by manual or mechanical means; and
705
(i) permanently waving, bleaching, tinting, coloring, relaxing, or similarly treating the
706
hair of the head of an individual.
707
(2) An individual may not engage in the practice of master hair design or master barbering
- 21 - S.B. 330 Enrolled Copy
708
unless the individual holds a master hair design license or master barbering license.
709
(3) An applicant for a master hair design license or master barbering license shall comply
710
with the requirements of Section 58-11a-302 and:
711
(a) attend a licensed or recognized school and complete a curriculum that:
712
(i) covers:
713
(A) hair safety requirements;
714
(B) haircutting and barbering; and
715
(C) chemical hair services; and
716
(ii) has a minimum of 1,000 hours of instruction or the equivalent number of credit
717
hours; or
718
(b) complete an approved master hair design or an approved master barbering
719
apprenticeship.
720
(4) If the applicant graduates from a recognized school with less than 1,000 hours of
721
instruction, the applicant may count hours practiced as a licensed master hair designer or
722
master barber in a jurisdiction other than Utah to satisfy the 1,000 total hours
723
requirement.
724
(5) An individual with a master hair design license or master barbering license may apply
725
credit hours to another license or permit under this chapter, as allowed in Subsection
726
58-11a-302(2).
727
Section 17. Section 58-11a-302.20 is enacted to read:
728
58-11a-302.20 . Practice of nail technology -- Nail technology license --
729
Qualifications.
730
(1) The practice of nail technology includes:
731
(a) trimming, cutting, cleaning, manicuring, shaping, massaging hands to elbows and
732
feet to knees, or enhancing the appearance of the hands, feet, and nails of an
733
individual by using the nail technician's hands, mechanical or electrical preparation,
734
antiseptic, lotion, or cream;
735
(b) applying and removing sculptured or artificial nails; and
736
(c) using blades, including corn or callus planer or rasp, for smoothing, shaving, or
737
removing dead skin from the feet.
738
(2) An individual may not engage in the practice of nail technology unless the individual
739
holds a nail technology license.
740
(3) An applicant for a nail technology license shall comply with the requirements of Section
741
58-11a-302 and:
- 22 - Enrolled Copy S.B. 330
742
(a) attend a licensed or recognized school and complete a curriculum that:
743
(i) covers:
744
(A) manicures and pedicures; and
745
(B) artificial nails; and
746
(ii) has a minimum of 300 hours of instruction or the equivalent number of credit
747
hours; or
748
(b) complete an approved nail technology apprenticeship.
749
(4) If the applicant graduates from a recognized school with less than 300 hours of
750
instruction, the applicant may count hours practiced as a licensed nail technician in a
751
jurisdiction other than Utah to satisfy the 300 total hours requirement.
752
(5) An individual with a nail technology license may apply credit hours to another license
753
or permit under this chapter, as allowed in Subsection 58-11a-302(2).
754
Section 18. Section 58-11a-302.21 is enacted to read:
755
58-11a-302.21 . Licensed instructor -- Qualifications.
756
(1) An applicant for licensure as an instructor shall:
757
(a) submit an application in a form prescribed by the division;
758
(b) subject to Subsection (4), pay a fee determined by the division under Section
759
63J-1-504;
760
(c) provide satisfactory documentation that the applicant is currently licensed or
761
permitted in the discipline that the applicant is seeking to instruct;
762
(d) provide satisfactory documentation that the applicant has completed six months of
763
work experience in the discipline the applicant intends to instruct and:
764
(i) an instructor training program for the discipline for which the applicant is
765
licensed, by a licensed or recognized school for a minimum of 35% of the
766
minimum hours for the license or permit the applicant intends to instruct; or
767
(ii) on-the-job instructor training for the discipline for which the applicant is licensed,
768
by a licensed or recognized school for a minimum of 35% of the minimum hours
769
for the license or permit the applicant intends to instruct; and
770
(e) meet the examination requirement established by administrative rules made by the
771
division.
772
(2) An applicant for an instructor license or permit under this chapter whose education in
773
the discipline for which a license or permit is sought was completed at a foreign school
774
may satisfy the educational requirement for licensure by demonstrating, to the
775
satisfaction of the division, the educational equivalency of the foreign school education
- 23 - S.B. 330 Enrolled Copy
776
with a licensed school under this chapter.
777
(3)(a) An individual may not instruct a discipline unless the individual has an instructor
778
license that allows instruction of that discipline.
779
(b) The division shall make rules establishing which disciplines each type of instructor
780
license may instruct.
781
(4) The division may not charge a fee to an individual applying for licensure as an
782
instructor under this chapter if the individual is a licensed instructor in any other
783
discipline under this chapter.
784
(5) The division may offer any required examination under this section, which is prepared
785
by a national testing organization, in languages in addition to English.
786
(6) For purposes of a national accrediting agency recognized by the United States
787
Department of Education, on-the-job instructor training described in this section is not
788
considered a program.
789
Section 19. Section 58-11a-302.22 is enacted to read:
790
58-11a-302.22 . Licensed school -- Qualifications.
791
(1) An applicant for licensure as a licensed school shall:
792
(a) submit an application in a form prescribed by the division;
793
(b) pay a fee determined by the division under Section 63J-1-504; and
794
(c) provide satisfactory documentation:
795
(i) of appropriate registration with the Division of Corporations and Commercial
796
Code;
797
(ii) of business licensure from the municipality in which the school is located;
798
(iii) that the applicant's physical facilities comply with the requirements established
799
by administrative rules made by the division; and
800
(iv) that the applicant meets the standards established by administrative rules made
801
by the division, including staff, curriculum, and accreditation requirements.
802
(2)(a) Except as provided in Subsection (2)(b), a school licensed or applying for
803
licensure under this chapter shall maintain recognition as an institution of
804
postsecondary study by meeting the following conditions:
805
(i) the school shall admit as a regular student only an individual who has earned a
806
recognized high school diploma or the equivalent of a recognized high school
807
diploma, or who is beyond the age of compulsory high school attendance as
808
prescribed by Title 53G, Chapter 6, Part 2, Compulsory Education; and
809
(ii) the school shall be licensed by name, or in the case of an applicant, shall apply for
- 24 - Enrolled Copy S.B. 330
810
licensure by name, under this chapter to offer one or more training programs
811
beyond the secondary level.
812
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
813
division shall establish administrative rules for licensure for a local education agency,
814
technical college, a degree-granting institution with a technical college mission, or
815
private school that primarily serves secondary students.
816
(c) Nothing in this section precludes a local education agency, technical college, a
817
degree-granting institution with a technical college mission, or private school from
818
administering a licensed program for secondary students.
819
(3) A school licensed under this section shall accept credit hours towards graduation for
820
documented, relevant, and substantially equivalent coursework previously completed by:
821
(a) a student that completed only a portion of the student's education while attending a
822
different school or apprenticeship; or
823
(b) an individual licensed or permitted under this chapter, based on the individual's
824
schooling, apprenticeship, or experience.
825
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
826
consistent with this section, the division may make rules governing the acceptance of
827
credit hours.
828
Section 20. Section 58-11a-302.23 is enacted to read:
829
58-11a-302.23 . Practice of esthetics -- Esthetics license -- Qualifications.
830
(1) Except as provided in Subsection (3), the division may not issue an esthetics license
831
after January 1, 2026.
832
(2) An individual with an esthetics license may perform any of the following skincare
833
procedures done on the face or body for cosmetic purposes and not for the treatment of
834
medical, physical, or mental ailments:
835
(a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or
836
masks, and manual extraction, including a comedone extractor, depilatories, waxes,
837
tweezing, the application of eyelash or eyebrow extensions, natural nail manicures or
838
pedicures, or callous removal by buffing or filing;
839
(b) limited chemical exfoliation as defined by rule;
840
(c) manual hair removal;
841
(d) other esthetic preparations or procedures with the use of the hands, a high-frequency
842
or galvanic electrical apparatus, or a heat lamp;
843
(e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes or eyebrows, or
- 25 - S.B. 330 Enrolled Copy
844
applying eyelash or eyebrow extensions; or
845
(f) subject to the requirements described in Section 58-1-506:
846
(i) laser hair removal;
847
(ii) anti-aging resurfacing enhancements; or
848
(iii) photo rejuvenation.
849
(3) The division shall grant an esthetics license to an individual that completes the
850
requirements described in Subsection (4) and:
851
(a) has registered an esthetics apprenticeship with the division on or before January 1,
852
2026; or
853
(b) has enrolled and started an esthetics program with a licensed school on or before
854
January 1, 2026.
855
(4)(a) An individual described in Subsection (3)(a) shall complete at least 800 hours of
856
apprenticeship training that is supervised by a licensed esthetics instructor who
857
provides one-on-one supervision of the apprentice during the apprenticeship.
858
(b) An individual described in Subsection (3)(b) shall graduate from a licensed school
859
with a minimum of 600 hours or the equivalent number of credit hours.
860
(5) An individual with an esthetics license may apply credit hours to another license or
861
permit under this chapter, as allowed in Subsection 58-11a-302(2).
862
Section 21. Section 58-11a-302.24 is enacted to read:
863
58-11a-302.24 . Practice of barbering -- Barbering license -- Qualifications.
864
(1) Except as provided in Subsection (3), the division may not issue a barbering license
865
after January 1, 2026.
866
(2) An individual with a barbering license may engage in the practice of barbering, which
867
includes:
868
(a) cutting, clipping, or trimming the hair of the head of an individual by using scissors,
869
shears, clippers, or other appliances;
870
(b) engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
871
drying;
872
(c) cutting, wet styling, fitting, measuring, or forming caps for wigs and hairpieces on
873
the human head;
874
(d) removing hair from the face or neck of an individual by using shaving equipment;
875
and
876
(e) when providing other services described in this Subsection (2), gently massaging the
877
head, back of the neck, and shoulders by manual or mechanical means.
- 26 - Enrolled Copy S.B. 330
878
(3) The division shall grant a barbering license to an individual that completes the
879
requirement described in Subsection (4) and:
880
(a) has registered a barbering apprenticeship with the division on or before January 1,
881
2026; or
882
(b) has enrolled and started a barbering program with a licensed school on or before
883
January 1, 2026.
884
(4)(a) An individual described in Subsection (3)(a) shall complete at least 1,250 hours of
885
apprenticeship training that is supervised by a licensed barbering instructor who
886
provides one-on-one supervision of the apprentice during the apprenticeship.
887
(b) An individual described in Subsection (3)(b) shall graduate from a licensed school
888
with a minimum of 1,000 hours or the equivalent number of credit hours.
889
(5) An individual with a barbering license may apply credit hours to another license or
890
permit under this chapter, as allowed in Subsection 58-11a-302(2).
891
Section 22. Section 58-11a-302.25 is enacted to read:
892
58-11a-302.25 . License transitions.
893
Beginning on January 1, 2026:
894
(1) a cosmetology/barbering license shall be renewed as a cosmetology license;
895
(2) a master-level esthetics license shall be renewed as a master esthetics license;
896
(3) a hair design license shall be renewed as a master hair design license or a master
897
barbering license;
898
(4) an individual with a barbering license may renew the license as a barbering license; and
899
(5) an individual with an esthetics license may renew the license as an esthetics license.
900
Section 23. Section 58-11a-303 is amended to read:
901
58-11a-303 . Terms of license -- Expiration -- Renewal.
902
(1)(a) The division shall issue each license under this chapter in accordance with a
903
two-year renewal cycle established by rule, except that an instructor license is a
904
one-time certificate and does not expire unless the licensee fails to keep current the
905
license that qualified the licensee to be an instructor under Section [58-11a-302]
906
58-11a-302.21.
907
(b) The division may by rule extend or shorten a renewal period by as much as one year
908
to stagger the renewal cycles it administers.
909
(2) At the time of renewal, a licensed school shall show satisfactory evidence that the
910
school meets the standards for that type of school, including staff, curriculum, and
911
accreditation requirements, established by rule.
- 27 - S.B. 330 Enrolled Copy
912
(3) Each license expires on the expiration date shown on the license unless the licensee
913
renews it in accordance with Section 58-1-308.
914
Section 24. Section 58-11a-304 is amended to read:
915
58-11a-304 . Exemptions from licensure.
916
In addition to the exemptions from licensure in Section 58-1-307, the following [persons]
917
individuals may engage in [the practice of barbering, cosmetology/barbering, hair design,
918
esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow
919
technology] a discipline regulated by this chapter without being licensed under this chapter:
920
(1) [a person ] an individual licensed under the laws of this state to engage in the practice of
921
medicine, surgery, osteopathy, or chiropractic when engaged in the practice of the
922
profession for which they are licensed;
923
(2) a commissioned physician or surgeon serving in the armed forces of the United States or
924
another federal agency;
925
(3) a registered nurse, undertaker, or mortician licensed under the laws of this state when
926
engaged in the practice of the profession for which the [person] individual is licensed;
927
(4) [a person ] an individual who visits the state to engage in instructional seminars,
928
advanced classes, trade shows, or competitions of a limited duration;
929
[(5) a person who engages in the practice of barbering, cosmetology/barbering, hair design,
930
esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow
931
technology without compensation;]
932
(5) an individual who engages in a practice regulated by this chapter without compensation;
933
(6) [a person ] an individual instructing an adult education class or other educational
934
program directed toward [persons] individuals who are not licensed under this chapter
935
and that is not intended to train [persons] individuals to become licensed under this
936
chapter, provided:
937
(a) an attendee receives no credit toward educational requirements for licensure under
938
this chapter;
939
(b) the instructor informs each attendee in writing that taking such a class or program
940
will not certify or qualify the attendee to perform a service for compensation that
941
requires licensure under this chapter; and
942
(c)(i) the instructor is properly licensed; or
943
(ii) the instructor receives no compensation;
944
(7) [a person ] an individual providing instruction in workshops, seminars, training
945
meetings, or other educational programs whose purpose is to provide continuing
- 28 - Enrolled Copy S.B. 330
946
professional development [to licensed barbers, cosmetologists/barbers, hair designers,
947
estheticians, master estheticians, electrologists, or nail technicians] to a qualified licensee
948
or permittee regulated by this chapter;
949
(8) [a person ] an individual enrolled in a licensed [barber, cosmetology/barber, or hair
950
design ]school when participating in an on the job training internship under the direct
951
supervision of a [licensed barber, cosmetologist/barber, or hair designer] licensee under
952
this chapter upon completion of a basic program under the standards established by rule
953
by the division in collaboration with the board;
954
(9) [a person enrolled ] an individual registered with the division in an approved
955
apprenticeship pursuant to Section 58-11a-306;
956
(10)(a) an employee of a company that is primarily engaged in the business of selling
957
products used [in the practice of barbering, cosmetology/barbering, hair design,
958
esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow
959
technology] by a qualified licensee regulated by this chapter;
960
(b) [ ]when demonstrating the company's products to a potential customer[,] ; and
961
(c) [ ]provided the employee makes no representation to a potential customer that
962
attending [such a] the demonstration will certify or qualify the attendee to perform a
963
service for compensation that requires licensure under this chapter;
964
(11) [a person ] an individual who:
965
(a) is qualified to engage in [the practice of barbering, cosmetology/barbering, hair
966
design, esthetics, master-level esthetics, electrology, nail technology, or eyelash and
967
eyebrow technology] a practice regulated by this chapter in another jurisdiction as
968
evidenced by licensure, certification, or lawful practice in the other jurisdiction;
969
(b) is employed by, or under contract with, a motion picture company; and
970
(c) engages in [the practice of barbering, cosmetology/barbering, hair design, esthetics,
971
master-level esthetics, electrology, nail technology, or eyelash and eyebrow
972
technology] a practice regulated by this chapter in the state:
973
(i) solely to assist in the production of a motion picture; and
974
(ii) for no more than 120 days per calendar year;
975
(12) [a person ] an individual who:
976
(a) engages in threading;
977
(b) engages in hair braiding; and
978
[(b)] (c) [unless it is expressly exempted under this section or Section 58-1-307, does not
979
engage in other activity requiring licensure under this chapter; and] is not engaged in
- 29 - S.B. 330 Enrolled Copy
980
a practice that requires a license or permit under this chapter; and
981
(13) [a person ] an individual who:
982
(a) dries, styles, arranges, dresses, curls, hot irons, shampoos, or conditions hair;
983
(b) does not cut the hair;
984
(c) does not apply dye to alter the color of the hair;
985
(d) does not apply reactive chemicals to straighten, curl, or alter the structure of the hair;
986
(e) engages in thermal styling or scalp treatments;
987
[(e)] (f) [unless it is expressly exempted under this section or Section 58-1-307, does not
988
engage in other activity requiring licensure under this chapter] is not engaged in a
989
practice that requires a license or permit under this chapter;
990
[(f)] (g) provides evidence to the division that the [person] individual has received a hair
991
safety permit from completing a hair safety program that:
992
(i) is approved by the division;
993
(ii) consists of no more than two hours of instruction;
994
(iii) is offered by a provider approved by the division; and
995
(iv) includes an examination that requires a passing score of 75%; and
996
[(g)] (h) displays in a conspicuous location in the [person's] individual's place of business:
997
(i) a valid hair safety permit as described in Subsection (13)(f); and
998
(ii) a sign notifying the public that the [person's] individual providing the services [are
999
not provided by an individual who has a license under this chapter.] is not licensed
1000
under this chapter.
1001
Section 25. Section 58-11a-306 is repealed and reenacted to read:
1002
58-11a-306 . Apprenticeship.
1003
(1)(a) An approved apprenticeship shall be conducted by a supervisor who:
1004
(i) is licensed under this chapter as an instructor in the discipline of the
1005
apprenticeship; and
1006
(ii) provides one-on-one direct supervision of the apprentice during the
1007
apprenticeship program.
1008
(b) An apprenticeship supervisor may not provide direct supervision to more than two
1009
apprentices during the apprenticeship program.
1010
(2) An individual seeking a license or permit through an approved apprenticeship under this
1011
chapter shall:
1012
(a) register with the division before beginning the training requirements by:
1013
(i) submitting a form prescribed by the division, which includes the name of the
- 30 - Enrolled Copy S.B. 330
1014
licensed instructor supervisor; and
1015
(ii) paying a fee determined by the division under Section 63J-1-504;
1016
(b) complete the apprenticeship within two years of the date on which the division
1017
approves the registration; and
1018
(c) notify the division within 30 days if the licensed instructor supervisor changes after
1019
the registration is approved by the division.
1020
(3) An individual seeking a license or permit through an approved apprenticeship under this
1021
chapter shall complete a minimum of:
1022
(a) 1,250 apprenticeship hours for a cosmetology license;
1023
(b) 1,200 apprenticeship hours for a master esthetics license;
1024
(c) 1,000 apprenticeship hours for:
1025
(i) a master barber license; or
1026
(ii) a master hair design license;
1027
(d) 600 apprenticeship hours for an electrology license;
1028
(e) 300 apprenticeship hours for a nail technology license;
1029
(f) 270 apprenticeship hours for an eyelash and eyebrow technology license;
1030
(g) 260 apprenticeship hours for a chemical hair services permit;
1031
(h) 200 apprenticeship hours for a basic esthetics permit;
1032
(i) 150 apprenticeship hours for a haircutting permit;
1033
(j) 130 apprenticeship hours for a barbering permit; or
1034
(k) 50 apprenticeship hours for a facial hair removal permit.
1035
Section 26. Section 58-11a-501 is repealed and reenacted to read:
1036
58-11a-501 . Unprofessional conduct.
1037
Unprofessional conduct includes:
1038
(1) a licensed school that fails to:
1039
(a)(i) obtain or maintain accreditation or comply with the required standard of
1040
accreditation; and
1041
(ii) have curriculum approved by the division, as required by administrative rules
1042
made by the division; or
1043
(b) provide adequate instruction to enrolled students;
1044
(2) an apprenticeship supervisor that fails to:
1045
(a) provide direct supervision to an apprentice; or
1046
(b) comply with division rules relating to apprenticeship programs under this chapter;
1047
(3) an instructor that fails to provide direct supervision to students who are providing
- 31 - S.B. 330 Enrolled Copy
1048
services to an individual under the instructor's supervision;
1049
(4) a person that keeps a salon or school, or the salon or school's furnishings, tools, utensils,
1050
linen, or appliances in an unsanitary condition;
1051
(5) an individual licensed or permitted under this chapter that fails to:
1052
(a) comply with Title 26B, Utah Health and Human Services Code;
1053
(b) display a license or permit as required under Section 58-11a-305;
1054
(c) comply with physical facility requirements established by administrative rules made
1055
by the division;
1056
(d) maintain mechanical or electrical equipment in safe operating condition;
1057
(e) adequately monitor patrons using steam rooms, dry heat rooms, baths, showers, or
1058
saunas;
1059
(f) comply with all applicable state and local health or sanitation laws; or
1060
(g) comply with a judgment order from a court of competent jurisdiction regarding a
1061
disagreement over tuition or education costs in relation to the requirements outlined
1062
in this chapter;
1063
(6) an individual licensed or permitted under this chapter:
1064
(a) prescribing or administering prescription drugs;
1065
(b) engaging in any act or practice in a professional capacity that is outside of the
1066
applicable scope of practice;
1067
(c) engaging in any act or practice in a professional capacity that the individual is not
1068
competent to perform through education or training; or
1069
(d) removing proximal nail fold by e-file or other tool or inserting tools beneath the
1070
eponychium;
1071
(7) unless the individual is under the supervision of a licensed health care practitioner
1072
acting within the scope of the health care practitioner's license, an individual licensed or
1073
permitted under this chapter, while using a chemical exfoliant:
1074
(a) using any acid, concentration of acid, or combination of treatments that violate the
1075
standards established by administrative rules made by the division;
1076
(b) removing any layer of skin deeper than the stratum corneum of the epidermis; or
1077
(c) using an exfoliant that contains phenol, trichloroacetic acid of over 15%, or
1078
bichloroacetic acid;
1079
(8) while sanding the skin, an individual licensed or permitted under this chapter, removing
1080
any layer of skin deeper than the stratum corneum of the epidermis, unless the individual
1081
is under the supervision of a licensed health care practitioner acting within the scope of
- 32 - Enrolled Copy S.B. 330
1082
the health care practitioner's license;
1083
(9) using any laser procedure or intense, pulsed light source, besides a nonprescriptive laser
1084
device, unless authorized to do so by an individual's license or permit in this chapter;
1085
(10) marketing or distinguishing an establishment as a school if the establishment is not
1086
licensed as a school under this chapter; and
1087
(11) claiming or advertising unrealistic results for body contouring, including alleviation of
1088
psychological distress.
1089
Section 27. Section 58-11a-503 is amended to read:
1090
58-11a-503 . Penalties.
1091
(1) Unless Subsection (2) applies, an individual who commits an act of unlawful conduct
1092
under Section 58-11a-502 or who fails to comply with a citation issued under this
1093
section after [it] the citation is final is guilty of a class A misdemeanor.
1094
(2) Sexual conduct that violates Section 58-11a-502 and Title 76, Utah Criminal Code, shall
1095
be subject to the applicable penalties in Title 76, Utah Criminal Code.
1096
(3) Grounds for immediate suspension of [a licensee's] an individual's license or permit by
1097
the division include the issuance of a citation for violation of Subsection 58-11a-502(1),
1098
(3), (4), (5), or (6).
1099
(4)[(a)] If upon inspection or investigation, the division concludes that [a person] an
1100
individual has violated the provisions of Subsection 58-11a-502(1), (3), (4), (5), or (6),
1101
or a rule or order issued with respect to Subsection 58-11a-502(1), (3), (4), (5), or (6),
1102
and that disciplinary action is appropriate, the director or the director's designee from
1103
within the division shall promptly issue a citation to [the person] the individual
1104
according to this chapter and any pertinent rules, attempt to negotiate a stipulated
1105
settlement, or notify the [person] individual to appear before an adjudicative
1106
proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
1107
[(i)] (5) [A person who] An individual that is in violation of Subsection 58-11a-502(1), (3),
1108
(4), (5), or (6), as evidenced by an uncontested citation, a stipulated settlement, or [by a ]
1109
finding of violation in an adjudicative proceeding, may be assessed a fine [pursuant to] in
1110
accordance with this Subsection [(4)] (5) and may, in addition to or in lieu of a fine, be
1111
ordered to cease and desist from violating Subsection 58-11a-502(1), (3), (4), (5), or (6).
1112
[(ii)] (6) Except for a cease and desist order, the licensure sanctions [cited] described in
1113
Section 58-11a-401 may not be assessed through a citation.
1114
(7)[(b)] (a)[(i)] Each citation shall be in writing and describe with particularity the
1115
nature of the violation, including a reference to the provision of the chapter, rule,
- 33 - S.B. 330 Enrolled Copy
1116
or order alleged to have been violated.
1117
[(ii)] (b) The citation shall clearly state that the recipient must notify the division in
1118
writing within 20 calendar days of service of the citation if the recipient wishes to
1119
contest the citation at a hearing conducted under Title 63G, Chapter 4,
1120
Administrative Procedures Act.
1121
[(iii)] (c) The citation shall clearly explain the consequences of failure to timely contest
1122
the citation or to make payment of a fine assessed by the citation within the time
1123
specified in the citation.
1124
[(c)] (d) Each citation issued under this section, or a copy of each citation, may be served
1125
upon [a person] an individual upon whom a summons may be served in accordance
1126
with the Utah Rules of Civil Procedure and may be made personally or upon the [
1127
person's] individual's agent by a division investigator or by [a person] an individual
1128
specially designated by the director or by mail.
1129
[(d)] (e)(i) If within 20 calendar days from the service of a citation, the [person to
1130
whom] individual to which the citation was issued fails to request a hearing to
1131
contest the citation, the citation becomes the final order of the division and is not
1132
subject to further agency review.
1133
(ii) The period to contest a citation may be extended by the division for cause.
1134
[(e)] (f) The division may refuse to issue or renew, suspend, revoke, or place on
1135
probation the [license of a licensee who] license or permit of an individual that fails to
1136
comply with a citation after [it] the citation becomes final.
1137
[(f)] (g) The failure of an applicant for licensure to comply with a citation after [it] the
1138
citation becomes final is a ground for denial of license.
1139
[(g)] (h) [No citation may be issued ] The director or the director's designee from within
1140
the division may not issue a citation under this section [after the expiration of] more
1141
than one year [following] after the date on which the violation that is the subject of
1142
the citation is reported to the division.
1143
[(h)] (i) [Fines shall be assessed by the director or the director's designee according to the
1144
following:] The director or the director's designee shall assess fines as follows:
1145
(i) for a first offense under Subsection [(4)(a)] (4), a fine of up to $1,000;
1146
(ii) for a second offense under Subsection [(4)(a)] (4), a fine of up to $2,000; and
1147
(iii) for any subsequent offense under Subsection [(4)(a)] (4), a fine of up to $2,000
1148
for each day of continued offense.
1149
[(i)] (j)[(i)] For purposes of issuing a final order under this section and assessing a
- 34 - Enrolled Copy S.B. 330
1150
fine under Subsection [(4)(h)] (7)(i), an offense constitutes a second or subsequent
1151
offense if:
1152
[(A)] (i) the division previously issued a final order determining that [a person] an
1153
individual committed a first or second offense in violation of Subsection
1154
58-11a-502(1), (3), (4), (5), or (6); or
1155
[(B)] (ii)[(I)] (A) the division initiated an action for a first or second offense;
1156
[(II)] (B) no final order has been issued by the division in the action initiated under
1157
Subsection [(4)(i)(i)(B)(I)] (7)(j)(ii)(A);
1158
[(III)] (C) the division determines during an investigation that occurred after the
1159
initiation of the action under Subsection [(4)(i)(i)(B)(I)] (7)(j)(ii)(A) that the [
1160
person] individual committed a second or subsequent violation of Subsection
1161
58-11a-502(1), (3), (4), (5), or (6); and
1162
[(IV)] (D) after determining that the [person] individual committed a second or
1163
subsequent offense under Subsection [(4)(i)(i)(B)(III)] (7)(j)(ii)(C), the division
1164
issues a final order on the action initiated under Subsection [(4)(i)(i)(B)(I)]
1165
(7)(j)(ii)(A).
1166
[(ii)] (k) In issuing a final order for a second or subsequent offense under Subsection [
1167
(4)(i)(i)] (7)(j), the division shall comply with the requirements of this section.
1168
[(5)] (8)(a) A penalty imposed by the director under Subsection [(4)(h)] (7)(i) shall be
1169
deposited into the [Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail
1170
Technician Education and Enforcement Fund] Cosmetology and Associated
1171
Professions Education and Enforcement Fund.
1172
(b) [A penalty which is not paid may be collected by the director by either:] The director
1173
may collect an unpaid penalty by:
1174
(i) referring the matter to a collection agency; or
1175
(ii) bringing an action in the district court of the county in which the [person]
1176
individual against whom the penalty is imposed resides or in the county where the
1177
office of the director is located.
1178
(c) A county attorney or the attorney general of the state shall provide legal assistance
1179
and advice to the director in an action to collect a penalty.
1180
(d) A court shall award reasonable attorney fees and costs to the prevailing party in an
1181
action brought by the division to collect a penalty.
1182
Section 28. Section 58-67-102 is amended to read:
1183
58-67-102 . Definitions.
- 35 - S.B. 330 Enrolled Copy
1184
In addition to the definitions in Section 58-1-102, as used in this chapter:
1185
(1)(a) "Ablative procedure" means a procedure that is expected to excise, vaporize,
1186
disintegrate, or remove living tissue, including the use of carbon dioxide lasers and
1187
erbium: YAG lasers.
1188
(b) "Ablative procedure" does not include[ ] :
1189
(i) hair removal;
1190
(ii) laser tattoo removal; or[ ]
1191
(iii) cryolipolysis.
1192
(2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
1193
American Medical Association.
1194
(3) "Administrative penalty" means a monetary fine or citation imposed by the division for
1195
acts or omissions determined to constitute unprofessional or unlawful conduct, in
1196
accordance with a fine schedule established by the division in collaboration with the
1197
board, as a result of an adjudicative proceeding conducted in accordance with Title 63G,
1198
Chapter 4, Administrative Procedures Act.
1199
(4) "Associate physician" means an individual licensed under Section 58-67-302.8.
1200
(5) "Attempted sex change" means an attempt or effort to change an individual's body to
1201
present that individual as being of a sex or gender that is different from the individual's
1202
biological sex at birth.
1203
(6) "Biological sex at birth" means an individual's sex, as being male or female, according
1204
to distinct reproductive roles as manifested by:
1205
(a) sex and reproductive organ anatomy;
1206
(b) chromosomal makeup; and
1207
(c) endogenous hormone profiles.
1208
(7) "Board" means the Medical Licensing Board created in Section 58-67-201.
1209
(8) "Collaborating physician" means an individual licensed under Section 58-67-302 who
1210
enters into a collaborative practice arrangement with an associate physician.
1211
(9) "Collaborative practice arrangement" means the arrangement described in Section
1212
58-67-807.
1213
(10)(a) "Cosmetic medical device" means tissue altering energy based devices that have
1214
the potential for altering living tissue and that are used to perform ablative or
1215
nonablative procedures, such as American National Standards Institute [(ANSI) ]
1216
designated Class IIIb and Class IV lasers, intense pulsed light, radio frequency
1217
devices, and lipolytic devices, and excludes [ANSI] American National Standards
- 36 - Enrolled Copy S.B. 330
1218
Institute designated Class IIIa and lower powered devices.
1219
(b) Notwithstanding Subsection (10)(a), if an [ANSI] American National Standards
1220
Institute designated Class IIIa and lower powered device is being used to perform an
1221
ablative procedure, the device is included in the definition of cosmetic medical
1222
device under Subsection (10)(a).
1223
(11)(a) "Cosmetic medical procedure" includes:
1224
(i) the use of cosmetic medical devices to perform ablative or nonablative
1225
procedures; or
1226
(ii) the injection of medication or substance, including a neurotoxin or a filler, for
1227
cosmetic purposes.
1228
(b) "Cosmetic medical procedure" does not include a treatment of the ocular globe
1229
including refractive surgery.
1230
(12) "Diagnose" means:
1231
(a) to examine in any manner another person, parts of a person's body, substances,
1232
fluids, or materials excreted, taken, or removed from a person's body, or produced by
1233
a person's body, to determine the source, nature, kind, or extent of a disease or other
1234
physical or mental condition;
1235
(b) to attempt to conduct an examination or determination described under Subsection
1236
(12)(a);
1237
(c) to hold oneself out as making or to represent that one is making an examination or
1238
determination as described in Subsection (12)(a); or
1239
(d) to make an examination or determination as described in Subsection (12)(a) upon or
1240
from information supplied directly or indirectly by another person, whether or not in
1241
the presence of the person making or attempting the diagnosis or examination.
1242
(13) "LCME" means the Liaison Committee on Medical Education of the American
1243
Medical Association.
1244
(14) "Medical assistant" means an unlicensed individual who may perform tasks as
1245
described in Subsection 58-67-305(6).
1246
(15) "Medically underserved area" means a geographic area in which there is a shortage of
1247
primary care health services for residents, as determined by the Department of Health
1248
and Human Services.
1249
(16) "Medically underserved population" means a specified group of people living in a
1250
defined geographic area with a shortage of primary care health services, as determined
1251
by the Department of Health and Human Services.
- 37 - S.B. 330 Enrolled Copy
1252
(17)(a)(i) "Nonablative procedure" means a procedure that is expected or intended to
1253
alter living tissue, but is not intended or expected to excise, vaporize, disintegrate,
1254
or remove living tissue.
1255
(ii) Notwithstanding Subsection (17)(a)(i) nonablative procedure includes hair
1256
removal.
1257
(b) "Nonablative procedure" does not include:
1258
(i) a superficial procedure as defined in Section 58-1-102;
1259
(ii) the application of permanent make-up;
1260
(iii) laser tattoo removal; or
1261
[(iii)] (iv) the use of photo therapy and lasers for neuromusculoskeletal treatments that
1262
are performed by an individual licensed under this title who is acting within the
1263
individual's scope of practice.
1264
(18) "Physician" means both physicians and surgeons licensed under [Section 58-67-301,
1265
Utah Medical Practice Act] Part 3, Licensing, and osteopathic physicians and surgeons
1266
licensed under [Section 58-68-301, Utah Osteopathic Medical Practice Act] Chapter 68,
1267
Part 3, Licensing.
1268
(19)(a) "Practice of medicine" means:
1269
(i) to diagnose, treat, correct, administer anesthesia, or prescribe for any human
1270
disease, ailment, injury, infirmity, deformity, pain or other condition, physical or
1271
mental, real or imaginary, including to perform cosmetic medical procedures, or to
1272
attempt to do so, by any means or instrumentality, and by an individual in Utah or
1273
outside the state upon or for any human within the state;
1274
(ii) when a person not licensed as a physician directs a licensee under this chapter to
1275
withhold or alter the health care services that the licensee has ordered;
1276
(iii) to maintain an office or place of business for the purpose of doing any of the acts
1277
described in Subsection (19)(a)(i) or (ii) whether or not for compensation; or
1278
(iv) to use, in the conduct of any occupation or profession pertaining to the diagnosis
1279
or treatment of human diseases or conditions in any printed material, stationery,
1280
letterhead, envelopes, signs, or advertisements, the designation "doctor," "doctor
1281
of medicine," "physician," "surgeon," "physician and surgeon," "Dr.," "M.D.," or
1282
any combination of these designations in any manner which might cause a
1283
reasonable person to believe the individual using the designation is a licensed
1284
physician and surgeon, and if the party using the designation is not a licensed
1285
physician and surgeon, the designation must additionally contain the description
- 38 - Enrolled Copy S.B. 330
1286
of the branch of the healing arts for which the person has a license, provided that
1287
an individual who has received an earned degree of doctor of medicine degree but
1288
is not a licensed physician and surgeon in Utah may use the designation "M.D." if
1289
it is followed by "Not Licensed" or "Not Licensed in Utah" in the same size and
1290
style of lettering.
1291
(b) The practice of medicine does not include:
1292
(i) except for an ablative medical procedure as provided in Subsection (19)(b)(ii) the
1293
conduct described in Subsection (19)(a)(i) that is performed in accordance with a
1294
license issued under another chapter of this title;
1295
(ii) an ablative cosmetic medical procedure if the scope of practice for the person
1296
performing the ablative cosmetic medical procedure includes the authority to
1297
operate or perform a surgical procedure; or
1298
(iii) conduct under Subsection 58-67-501(2).
1299
(20) "Prescription device" means an instrument, apparatus, implement, machine,
1300
contrivance, implant, in vitro reagent, or other similar or related article, and any
1301
component part or accessory, which is required under federal or state law to be
1302
prescribed by a practitioner and dispensed by or through a person or entity licensed
1303
under this chapter or exempt from licensure under this chapter.
1304
(21) "Prescription drug" means a drug that is required by federal or state law or rule to be
1305
dispensed only by prescription or is restricted to administration only by practitioners.
1306
(22)(a) "Primary sex characteristic surgical procedure" means any of the following if
1307
done for the purpose of effectuating or facilitating an individual's attempted sex
1308
change:
1309
(i) for an individual whose biological sex at birth is male, castration, orchiectomy,
1310
penectomy, vaginoplasty, or vulvoplasty;
1311
(ii) for an individual whose biological sex at birth is female, hysterectomy,
1312
oophorectomy, metoidioplasty, or phalloplasty; or
1313
(iii) any surgical procedure that is related to or necessary for a procedure described in
1314
Subsection (22)(a)(i) or (ii), that would result in the sterilization of an individual
1315
who is not sterile.
1316
(b) "Primary sex characteristic surgical procedure" does not include:
1317
(i) surgery or other procedures or treatments performed on an individual who:
1318
(A) is born with external biological sex characteristics that are irresolvably
1319
ambiguous;
- 39 - S.B. 330 Enrolled Copy
1320
(B) is born with 46, XX chromosomes with virilization;
1321
(C) is born with 46, XY chromosomes with undervirilization;
1322
(D) has both ovarian and testicular tissue; or
1323
(E) has been diagnosed by a physician, based on genetic or biochemical testing,
1324
with a sex development disorder characterized by abnormal sex chromosome
1325
structure, sex steroid hormone production, or sex steroid hormone action for a
1326
male or female; or
1327
(ii) removing a body part:
1328
(A) because the body part is cancerous or diseased; or
1329
(B) for a reason that is medically necessary, other than to effectuate or facilitate an
1330
individual's attempted sex change.
1331
(23)(a) "Secondary sex characteristic surgical procedure" means any of the following if
1332
done for the purpose of effectuating or facilitating an individual's attempted sex
1333
change:
1334
(i) for an individual whose biological sex at birth is male, breast augmentation
1335
surgery, chest feminization surgery, or facial feminization surgery; or
1336
(ii) for an individual whose biological sex at birth is female, mastectomy, breast
1337
reduction surgery, chest masculinization surgery, or facial masculinization surgery.
1338
(b) "Secondary sex characteristic surgical procedure" does not include:
1339
(i) surgery or other procedures or treatments performed on an individual who:
1340
(A) is born with external biological sex characteristics that are irresolvably
1341
ambiguous;
1342
(B) is born with 46, XX chromosomes with virilization;
1343
(C) is born with 46, XY chromosomes with undervirilization;
1344
(D) has both ovarian and testicular tissue; or
1345
(E) has been diagnosed by a physician, based on genetic or biochemical testing,
1346
with a sex development disorder characterized by abnormal sex chromosome
1347
structure, sex steroid hormone production, or sex steroid hormone action for a
1348
male or female; or
1349
(ii) removing a body part:
1350
(A) because the body part is cancerous or diseased; or
1351
(B) for a reason that is medically necessary, other than to effectuate or facilitate an
1352
individual's attempted sex change.
1353
(24) "SPEX" means the Special Purpose Examination of the Federation of State Medical
- 40 - Enrolled Copy S.B. 330
1354
Boards.
1355
(25) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
1356
58-67-501.
1357
(26) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
1358
and 58-67-502, and as may be further defined by division rule.
1359
Section 29. Section 58-68-102 is amended to read:
1360
58-68-102 . Definitions.
1361
In addition to the definitions in Section 58-1-102, as used in this chapter:
1362
(1)(a) "Ablative procedure" means a procedure that is expected to excise, vaporize,
1363
disintegrate, or remove living tissue, including the use of carbon dioxide lasers and
1364
erbium: YAG lasers.
1365
(b) "Ablative procedure" does not include[ ] :
1366
(i) hair removal[.] ; or
1367
(ii) laser tattoo removal.
1368
(2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
1369
American Medical Association.
1370
(3) "Administrative penalty" means a monetary fine imposed by the division for acts or
1371
omissions determined to constitute unprofessional or unlawful conduct, as a result of an
1372
adjudicative proceeding conducted in accordance with Title 63G, Chapter 4,
1373
Administrative Procedures Act.
1374
(4) "AOA" means the American Osteopathic Association.
1375
(5) "Associate physician" means an individual licensed under Section 58-68-302.5.
1376
(6) "Attempted sex change" means an attempt or effort to change an individual's body to
1377
present that individual as being of a sex or gender that is different from the individual's
1378
biological sex at birth.
1379
(7) "Biological sex at birth" means an individual's sex, as being male or female, according
1380
to distinct reproductive roles as manifested by:
1381
(a) sex and reproductive organ anatomy;
1382
(b) chromosomal makeup; and
1383
(c) endogenous hormone profiles.
1384
(8) "Board" means the Medical Licensing Board created in Section 58-67-201.
1385
(9) "Collaborating physician" means an individual licensed under Section 58-68-302 who
1386
enters into a collaborative practice arrangement with an associate physician.
1387
(10) "Collaborative practice arrangement" means the arrangement described in Section
- 41 - S.B. 330 Enrolled Copy
1388
58-68-807.
1389
(11)(a) "Cosmetic medical device" means tissue altering energy based devices that have
1390
the potential for altering living tissue and that are used to perform ablative or
1391
nonablative procedures, such as American National Standards Institute [(ANSI) ]
1392
designated Class IIIb and Class IV lasers, intense pulsed light, radio frequency
1393
devices, and lipolytic devices and excludes [ANSI] American National Standards
1394
Institute designated Class IIIa and lower powered devices.
1395
(b) Notwithstanding Subsection (11)(a), if an [ANSI] American National Standards
1396
Institute designated Class IIIa and lower powered device is being used to perform an
1397
ablative procedure, the device is included in the definition of cosmetic medical
1398
device under Subsection (11)(a).
1399
(12) "Cosmetic medical procedure":
1400
(a) includes the use of cosmetic medical devices to perform ablative or nonablative
1401
procedures; and
1402
(b) does not include a treatment of the ocular globe such as refractive surgery.
1403
(13) "Diagnose" means:
1404
(a) to examine in any manner another person, parts of a person's body, substances,
1405
fluids, or materials excreted, taken, or removed from a person's body, or produced by
1406
a person's body, to determine the source, nature, kind, or extent of a disease or other
1407
physical or mental condition;
1408
(b) to attempt to conduct an examination or determination described under Subsection
1409
(13)(a);
1410
(c) to hold oneself out as making or to represent that one is making an examination or
1411
determination as described in Subsection (13)(a); or
1412
(d) to make an examination or determination as described in Subsection (13)(a) upon or
1413
from information supplied directly or indirectly by another person, whether or not in
1414
the presence of the person making or attempting the diagnosis or examination.
1415
(14) "Medical assistant" means an unlicensed individual who may perform tasks as
1416
described in Subsection 58-68-305(6).
1417
(15) "Medically underserved area" means a geographic area in which there is a shortage of
1418
primary care health services for residents, as determined by the Department of Health
1419
and Human Services.
1420
(16) "Medically underserved population" means a specified group of people living in a
1421
defined geographic area with a shortage of primary care health services, as determined
- 42 - Enrolled Copy S.B. 330
1422
by the Department of Health and Human Services.
1423
(17)(a)(i) "Nonablative procedure" means a procedure that is expected or intended to
1424
alter living tissue, but is not expected or intended to excise, vaporize, disintegrate,
1425
or remove living tissue.
1426
(ii) Notwithstanding Subsection (17)(a)(i), nonablative procedure includes hair
1427
removal.
1428
(b) "Nonablative procedure" does not include:
1429
(i) a superficial procedure as defined in Section 58-1-102;
1430
(ii) the application of permanent make-up;
1431
(iii) laser tattoo removal; or
1432
[(iii)] (iv) the use of photo therapy lasers for neuromusculoskeletal treatments that are
1433
performed by an individual licensed under this title who is acting within the
1434
individual's scope of practice.
1435
(18) "Physician" means both physicians and surgeons licensed under [Section 58-67-301,
1436
Utah Medical Practice Act] Chapter 67, Part 3, Licensing, and osteopathic physicians and
1437
surgeons licensed under [Section 58-68-301, Utah Osteopathic Medical Practice Act]
1438
Part 3, Licensing.
1439
(19)(a) "Practice of osteopathic medicine" means:
1440
(i) to diagnose, treat, correct, administer anesthesia, or prescribe for any human
1441
disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or
1442
mental, real or imaginary, or to attempt to do so, by any means or instrumentality,
1443
which in whole or in part is based upon emphasis of the importance of the
1444
musculoskeletal system and manipulative therapy in the maintenance and
1445
restoration of health, by an individual in Utah or outside of the state upon or for
1446
any human within the state;
1447
(ii) when a person not licensed as a physician directs a licensee under this chapter to
1448
withhold or alter the health care services that the licensee has ordered;
1449
(iii) to maintain an office or place of business for the purpose of doing any of the acts
1450
described in Subsection (19)(a)(i) or (ii) whether or not for compensation; or
1451
(iv) to use, in the conduct of any occupation or profession pertaining to the diagnosis
1452
or treatment of human diseases or conditions, in any printed material, stationery,
1453
letterhead, envelopes, signs, or advertisements, the designation "doctor," "doctor
1454
of osteopathic medicine," "osteopathic physician," "osteopathic surgeon,"
1455
"osteopathic physician and surgeon," "Dr.," "D.O.," or any combination of these
- 43 - S.B. 330 Enrolled Copy
1456
designations in any manner which might cause a reasonable person to believe the
1457
individual using the designation is a licensed osteopathic physician, and if the
1458
party using the designation is not a licensed osteopathic physician, the designation
1459
must additionally contain the description of the branch of the healing arts for
1460
which the person has a license, provided that an individual who has received an
1461
earned degree of doctor of osteopathic medicine but is not a licensed osteopathic
1462
physician and surgeon in Utah may use the designation "D.O." if it is followed by
1463
"Not Licensed" or "Not Licensed in Utah" in the same size and style of lettering.
1464
(b) The practice of osteopathic medicine does not include:
1465
(i) except for an ablative medical procedure as provided in Subsection (19)(b)(ii), the
1466
conduct described in Subsection (19)(a)(i) that is performed in accordance with a
1467
license issued under another chapter of this title;
1468
(ii) an ablative cosmetic medical procedure if the scope of practice for the person
1469
performing the ablative cosmetic medical procedure includes the authority to
1470
operate or perform a surgical procedure; or
1471
(iii) conduct under Subsection 58-68-501(2).
1472
(20) "Prescription device" means an instrument, apparatus, implement, machine,
1473
contrivance, implant, in vitro reagent, or other similar or related article, and any
1474
component part or accessory, which is required under federal or state law to be
1475
prescribed by a practitioner and dispensed by or through a person or entity licensed
1476
under this chapter or exempt from licensure under this chapter.
1477
(21) "Prescription drug" means a drug that is required by federal or state law or rule to be
1478
dispensed only by prescription or is restricted to administration only by practitioners.
1479
(22)(a) "Primary sex characteristic surgical procedure" means any of the following if
1480
done for the purpose of effectuating or facilitating an individual's attempted sex
1481
change:
1482
(i) for an individual whose biological sex at birth is male, castration, orchiectomy,
1483
penectomy, vaginoplasty, or vulvoplasty;
1484
(ii) for an individual whose biological sex at birth is female, hysterectomy,
1485
oophorectomy, metoidioplasty, or phalloplasty; or
1486
(iii) any surgical procedure that is related to or necessary for a procedure described in
1487
Subsection (22)(a)(i) or (ii), that would result in the sterilization of an individual
1488
who is not sterile.
1489
(b) "Primary sex characteristic surgical procedure" does not include:
- 44 - Enrolled Copy S.B. 330
1490
(i) surgery or other procedures or treatments performed on an individual who:
1491
(A) is born with external biological sex characteristics that are irresolvably
1492
ambiguous;
1493
(B) is born with 46, XX chromosomes with virilization;
1494
(C) is born with 46, XY chromosomes with undervirilization;
1495
(D) has both ovarian and testicular tissue; or
1496
(E) has been diagnosed by a physician, based on genetic or biochemical testing,
1497
with a sex development disorder characterized by abnormal sex chromosome
1498
structure, sex steroid hormone production, or sex steroid hormone action for a
1499
male or female; or
1500
(ii) removing a body part:
1501
(A) because the body part is cancerous or diseased; or
1502
(B) for a reason that is medically necessary, other than to effectuate or facilitate an
1503
individual's attempted sex change.
1504
(23)(a) "Secondary sex characteristic surgical procedure" means any of the following if
1505
done for the purpose of effectuating or facilitating an individual's attempted sex
1506
change:
1507
(i) for an individual whose biological sex at birth is male, breast augmentation
1508
surgery, chest feminization surgery, or facial feminization surgery; or
1509
(ii) for an individual whose biological sex at birth is female, mastectomy, breast
1510
reduction surgery, chest masculinization surgery, or facial masculinization surgery.
1511
(b) "Secondary sex characteristic surgical procedure" does not include:
1512
(i) surgery or other procedures or treatments performed on an individual who:
1513
(A) is born with external biological sex characteristics that are irresolvably
1514
ambiguous;
1515
(B) is born with 46, XX chromosomes with virilization;
1516
(C) is born with 46, XY chromosomes with undervirilization;
1517
(D) has both ovarian and testicular tissue; or
1518
(E) has been diagnosed by a physician, based on genetic or biochemical testing,
1519
with a sex development disorder characterized by abnormal sex chromosome
1520
structure, sex steroid hormone production, or sex steroid hormone action for a
1521
male or female; or
1522
(ii) removing a body part:
1523
(A) because the body part is cancerous or diseased; or
- 45 - S.B. 330 Enrolled Copy
1524
(B) for a reason that is medically necessary, other than to effectuate or facilitate an
1525
individual's attempted sex change.
1526
(24) "SPEX" means the Special Purpose Examination of the Federation of State Medical
1527
Boards.
1528
(25) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
1529
58-68-501.
1530
(26) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
1531
and 58-68-502 and as may be further defined by division rule.
1532
Section 30. Effective Date.
1533
This bill takes effect on January 1, 2026.
- 46 -