No. 29013: R156-11a.Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act Rules

DAR File No.: 29013
Filed: 11/13/2006, 02:47
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Following a public rule hearing, comments received during the rule hearing, and further Division review, additional amendments are being proposed.

Summary of the rule or change:

In Section R156-11a-302a, all subsections that referenced a "theory and practical examination" the titles of the examinations have been split up into two separate subsections so that it is clear that two separate examinations are required, both a practical examination and a theory examination. In Section R156-11a-702, added in subsection (7) that high frequency or galvanic current and heat lamps are to be included in the curriculum. This addition makes the rule consistent with the statute requirements found in Subsection 58-11a-102(25)(e). In Subsections R156-11a-703(17) and (24), amendments are made regarding lymphatic massage and advanced mechanical and electrical devices to return wording to the rule which had previously been deleted in the original rule filing. In Subsection R156-11a-705(2)(c), changed the word "electrologist" to "cosmetologist/barber". (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the October 1, 2006, issue of the Utah State Bulletin, on page 5. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

Section 58-11a-101 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

No additional costs will be incurred beyond those costs previously identified in the original proposed rule amendment filing.

local governments:

The additional proposed changes do not apply to local governments; therefore, no costs or savings are anticipated. The proposed changes only apply to licensees and applicants for licensure as either a cosmetologist/barber, esthetician, electrologist, or nail technician.

other persons:

The Division anticipates no additional costs or savings beyond those previously identified in the original proposed rule filing as a result of these additional proposed amendments.

Compliance costs for affected persons:

The Division anticipates no additional costs or savings beyond those previously identified in the original proposed rule filing as a result of these additional proposed amendments.

Comments by the department head on the fiscal impact the rule may have on businesses:

This change in proposed rule does not create any fiscal impact to businesses. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Daniel T. Jones at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/02/2007

This rule may become effective on:

01/10/2007

Authorized by:

J. Craig Jackson, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-11a. Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act Rules.

R156-11a-302a. Qualifications for Licensure - Examination Requirements.

In accordance with Section 58-11a-302, the various examination requirements for licensure are established as follows:

(1) Applicants for licensure as a cosmetologist/barber shall:

(a) pass the Utah Cosmetology/Barber Theory Examination with a score of at least 75%; and

(b) pass the Utah Cosmetology/Barber Practical Examination with a score of at least 75%; or

([b]c) pass any cosmetology/barber theory and practical examination approved by the licensing authority of another state.

(2) Applicants for licensure as a cosmetologist/barber instructor shall:

(a) pass the Utah Cosmetologist/Barber Instructor Licensing Examination with a score of at least 75%; or

(b) pass any cosmetology/barber instructor examination approved by the licensing authority of another state.

(3) Applicants for licensure as an electrologist shall:

(a) pass the Utah Electrologist Theory Examination with a score of at least 75%; and

(b) pass the Utah Electrologist Practical Examination with a score of at least 75%; or

([b]c) pass any electrologist theory and practical examination approved by the licensing authority of another state.

(4) Applicants for licensure as an electrologist instructor shall:

(a) pass the Utah Electrologist Instructor Examination with a score of at least 75%; or

(b) pass any electrology instructor examination approved by the licensing authority of another state.

(5) Applicants for licensure as an esthetician shall:

(a) pass the Utah Esthetics Theory Examination with a score of at least 75%; and

(b) pass the Utah Esthetics Practical Examination with a score of at least 75%; or

([b]c) pass an esthetics theory and practical examination approved by the licensing authority of another state.

(6) Applicants for licensure as a master esthetician shall:

(a) pass the Utah Master Esthetician Theory Examination with a score of at least 75%; and

(b) pass the Utah Master Esthetician Practical Examination with a score of at least 75%; or

([b]c) pass a master esthetician theory and practical examination approved by the licensing authority of another state.

(7) Applicants for licensure as an esthetician instructor shall:

(a) pass the Utah Esthetician Instructor Examination with a score of at least 75%; or

(b) pass any esthetician instructor examination approved by the licensing authority of another state.

(8) Applicants for licensure as a nail technician shall:

(a) pass the Utah Nail Technician Theory Examination with a score of at least 75%; and

(b) pass the Utah Nail Technician Practical Examination with a score of at least 75%; or

([b]c) pass a nail technician theory and practical examination approved by the licensing authority of another state.

(9) Applicants for licensure as a nail technician instructor shall:

(a) pass the Utah Nail Technician Instructor Examination with a score of at least 75%; or

(b) pass any nail technology instructor examination approved by the licensing authority of another state.

 

R156-11a-702. Curriculum for Esthetics School - Esthetician Programs.

In accordance with Subsection 58-11a-302(10)(c)(iv), the curriculum for an esthetics school esthetician program shall consist of 600 hours of instruction in the following subject areas:

(1) introduction consisting of:

(a) history of esthetics; and

(b) an overview of the curriculum;

(2) personal, client, and salon safety including:

(a) aseptic techniques and sanitary procedures;

(b) sterilization methods and procedures; and

(c) health risks to the esthetician;

(3) business and salon management including:

(a) developing a clientele;

(b) professional image;

(c) professional ethics;

(d) professional associations;

(e) public relations; and

(f) advertising.

(4) legal issues including:

(a) malpractice liability;

(b) regulatory agencies; and

(c) tax laws;

(5) human immune system;

(6) diseases and disorders of the skin including:

(a) bacteriology;

(b) sanitation;

(c) sterilization;

(d) decontamination; and

(e) infection control;

(7) implements, tools, and equipment for esthetics including;

(a) high frequency or galvanic current; and

(b) heat lamps;

(8) first aid;

(9) anatomy;

(10) basic science of esthetics;

(11) analysis of the skin;

(12) physiology of the skin;

(13) facials, manual and mechanical;

(14) limited chemical exfoliation including:

(a) pre-exfoliation consultation;

(b) post-exfoliation treatments; and

(c) chemical reactions;

(15) chemistry for esthetics;

(16) temporary removal of superfluous hair by waxing;

(17) treatment of the skin;

(18) packs and masks;

(19) Aroma therapy;

(20) application of makeup including:

(a) application of false eyelashes;

(b) arching of the eyebrows; and

(c) tinting of the eyelashes and eyebrows;

(21) medical devices;

(22) cardio pulmonary resuscitation (CPR);

(23) basic facials;

(24) chemistry of cosmetics;

(25) skin treatments with and without machines;

(26) manual lymphatic massage of the face and neck;

(27) pedicures;

(28) elective topics; and

(29) Utah Esthetic Examination review.

 

R156-11a-703. Curriculum for Esthetics School -- Master Esthetician Programs.

In accordance with Subsection 58-11a-302(10)(c)(iv), the curriculum for an esthetics school master esthetician program shall consist of 1,200 hours of instruction, 600 of which consist of the curriculum for an esthetician program, the remaining 600 of which shall be in the following subject areas:

(1) introduction consisting of:

(a) history of master esthetics; and

(b) an overview of the curriculum;

(2) personal, client, and salon safety including:

(a) aseptic techniques and sanitary procedures;

(b) sterilization methods and procedures; and

(c) health risks to the master esthetician;

(3) business and salon management consisting of:

(a) developing clients;

(b) professional image;

(c) professional ethics;

(d) professional associations;

(e) advertising; and

(f) public relations;

(4) legal issues including:

(a) malpractice liability;

(b) regulatory agencies; and

(c) tax laws;

(5) the human immune system;

(6) diseases and disorders of the skin including:

(a) bacteriology;

(b) sanitation;

(c) sterilization;

(d) contamination; and

(e) infection controls;

(7) implements, tools and equipment for master esthetics;

(8) first aid;

(9) anatomy;

(10) basic science of master esthetics;

(11) analysis of the skin;

(12) physiology of the skin;

(13) advanced facials, manual and mechanical;

(14) chemistry for master esthetics;

(15) advanced chemical exfoliation, including:

(a) pre-exfoliation consultation;

(b) post-exfoliation treatments; and

(c) reactions;

(16) temporary removal of superfluous hair by waxing and advanced waxing;

(17) 200 hours of instruction in lymphatic massage by manual or other means [consisting of]including:

(a) anatomy and physiology of the lymphatic system to consist of 40 hours of training;

([a]b) manual lymphatic massage of the full body[, including the face and neck; and] to consist of 40 hours of training;

([b]c) lymphatic massage by other means, including but not limited to, suction assisted massage or pressure assisted therapy equipment to consist of 60 applications of one hour each;

(18) advanced pedicures;

(19) advanced Aroma therapy;

(20) the aging process and its damage to the skin;

(21) medical devices;

(22) cardio pulmonary resuscitation (CPR) training;

(23) hydrotherapy;

(24) advanced mechanical and electrical devices including instruction in using:

(a) [mechanical ]sanding and microdermabrasion techniques;[ consisting of:]

([a]b) [electrical devices which use]galvanic or high-frequency current for treatment of the skin;

([b]c) [a ]devices equipped with a brush to cleanse the skin;[

(c) an electrical device which uses galvanic current for the treatment of the skin;]

(d) [a device which applies]devices that apply a mixture of steam and ozone to the skin;

(e) [a device which is used to]devices that spray water and other liquids on the skin[ to stimulate circulation in the skin]; and

(f) any other mechanical devices, [other ]esthetic preparations or procedures approved by the division in collaboration with the board for the care and treatment of the skin[ which is approved by the division in collaboration with the board];

(25) elective topics; and

(26) Utah Master Esthetician Examination review.

 

R156-11a-705. Curriculum for Cosmetology/Barber Schools.

In accordance with Subsection 58-11a-302(3)(c)(iv), the curriculum for a cosmetology/barber school shall consist of 2,000 hours of instruction, 600 of which shall consist of the curriculum for an esthetics school esthetician program; 200 of which shall consist of the curriculum for a nail technology school; and the remaining 1,200 hours shall be in the following subject areas:

(1) introduction consisting of:

(a) history of cosmetology/barbering, esthetics, nail technology; and

(b) overview of the cosmetology/barber curriculum;

(2) personal, client and salon safety including:

(a) aseptic techniques and sanitary procedures;

(b) sterilization methods and procedures;

(c) health risks to the [electrologist]cosmetologist/barber;

(3) business and salon management including:

(a) developing clientele;

(b) professional image;

(c) professional ethics;

(d) professional associations;

(e) public relations; and

(f) advertising;

(4) legal issues including:

(a) malpractice liability;

(b) regulatory agencies; and

(c) tax laws;

(5) human immune system;

(6) diseases and disorders of skin, nails, hair, and scalp including:

(a) bacteriology;

(b) sanitation;

(c) sterilization;

(d) decontamination; and

(e) infection control;

(7) implements, tools and equipment for cosmetology, barbering, esthetics and nail technology;

(8) first aid;

(9) anatomy;

(10) basic science of cosmetology/barbering;

(11) analysis of the skin, hair and scalp;

(12) physiology of the human body;

(13) electricity and light therapy;

(14) limited chemical exfoliation;

(15) chemistry for cosmetology/barbering, esthetics and nail technology;

(16) temporary removal of superfluous hair;

(17) properties of the hair, skin and scalp;

(18) basic hairstyling including:

(a) wet and thermal styling;

(b) permanent waving;

(c) hair coloring;

(d) chemical hair relaxing; and

(e) thermal hair straightening;

(19) men and women's haircuts including:

(a) draping;

(b) clipper variations;

(c) scissor cutting;

(d) shaving; and

(e) wigs and artificial hair;

(20) razor cutting for men;

(21) mustache and beard design;

(22) elective topics; and

(23) Utah Cosmetology/Barber Examination review.

 

KEY: cosmetologists/barbers, estheticians, electrologists, nail technicians

Date of Enactment or Last Substantive Amendment: [2006]2007

Notice of Continuation: July 11, 2002

Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)