No. 29432 (Amendment): R156-11a. Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act Rules

DAR File No.: 29432
Filed: 01/22/2007, 05:23
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division had received input from interested parties requesting the changes being made in this rule filing regarding the definition for "advanced pedicures" and the curriculum for master esthetician programs with respect to lymphatic massage.

Summary of the rule or change:

Throughout the rule, amendments are being proposed to change the rule from plural to singular. In Section R156-11a-102, the definition of "advanced pedicure" is amended to allow master estheticians to use blades for the removal of dead skin, calluses, or corns, and to use advanced implements and equipment for pedicures on clients. The rule amendment also removes lymphatic massaging of the lower leg from the definition of an "advanced pedicure". In Subsection R156-11a-703(17), changes are being proposed to further clarify the 200 hours of instruction in lymphatic massage. The proposed amendments change the 40 hours of training in manual lymphatic massage to 70 applications of one hour each. The 60 applications of one hour each of lymphatic massage by other means is changed to 90 hours of training. The changes in required hours in lymphatic massage for master estheticians is to allow esthetics schools to modernize their training curricula.

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:

The Division will incur minimal costs of approximately $200 to reprint the rule once the proposed changes are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments do not apply to local governments; therefore, no costs or savings are anticipated. The proposed amendments only apply to licensees and applicants for licensure as a master esthetician.

other persons:

As a result of the proposed amendments, licensed master estheticians will be able to practice more advanced skills and techniques on clients. Members of the public may be charged slightly more for some pedicure treatments. However, the Division is unable to determine if any licensed master estheticians may increase their prices for services. Schools that teach master esthetician programs may see a slight increase in costs to update their curriculum to meet the new training hour requirements. As a result of the proposed amendments, the schools would be able to take advantage of upgrades in training, new techniques and audio-visual training advances. The Division is unable to determine any exact cost to the schools as it could vary from school to school.

Compliance costs for affected persons:

As a result of the proposed amendments, licensed master estheticians will be able to practice more advanced skills and techniques on clients. Members of the public may be charged slightly more for some pedicure treatments. However, the Division is unable to determine if any licensed master estheticians may increase their prices for services. Schools that teach master esthetician programs may see a slight increase in costs to update their curriculum to meet the new training hour requirements. As a result of the proposed amendments, the schools would be able to take advantage of upgrades in training, new techniques and audio-visual training advances. The Division is unable to determine any exact cost to the schools as it could vary from school to school.

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

This proposed rule change regarding the use of more advanced pedicure and esthetics techniques could result in some additional costs to schools that train students on these techniques and to the public who receives the more skilled services. It is difficult to estimate these costs. No additional fiscal impact to businesses is anticipated. 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:

03/19/2007

This rule may become effective on:

03/27/2007

Authorized by:

F. David Stanley, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-11a. Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act Rule[s].

R156-11a-101. Title.

Th[ese]is rule[s are]is known as the "Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act Rule[s]."

 

R156-11a-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 11a, as used in Title 58, Chapters 1 and 11a or th[ese]is rule[s]:

(1) "Advanced pedicures", as used in Subsection 58-11a-102(27)(a)(i)(D), means any of the following while caring for the nails, cuticles or calluses of the feet:

(a) utilizing manual instruments, [or ]implements, advanced electrical equipment, tools, or microdermabrasion for cleaning, trimming, softening, smoothing, or buffing[ other than nail clippers for cleaning, trimming, softening, smoothing and caring of the nail, cuticles, and calluses of the feet];

(b) [utilizing advanced equipment, instruments, implements, topical products, and preparations;]the use of blades, including corn or callus planer or rasp, for smoothing, shaving or removing dead skin from the feet as defined in Subsection R156-11a-611; or

(c) [manual, chemical or microdermabrasion for exfoliation as defined in Subsection R156-11a-610(4); or

(d) lymphatic massaging of the lower portion of the feet or legs by manual or other means]utilizing topical products and preparations for chemical exfoliation as defined in Subsection R156-11a-610(4).

(2) "Aroma therapy" means the application of essential oils which are applied directly to the skin, undiluted or in a misted dilution with a carrier oil or lotion. for varied applications such as massage, hot packs, cold packs, compress, inhalation, steam or air diffusion, or in hydrotherapy services.

(3) "BCA acid" means bicloroacetic acid.

(4) "Body wraps", as used in Subsection 58-11a-102(27)(a)(i)(A), means body treatments utilizing products or equipment to enhance and maintain the texture, contour, integrity and health of the skin and body.

(5) "Chemical exfoliation", as used in Subsection 58-11a-102(27)(a)(i)(C), means a resurfacing procedure performed with a chemical solution or product for the purpose of removing superficial layers of the epidermis to a point no deeper than the stratum corneum.

(6) "Dermabrasion or open dermabrasion" means the surgical application of a wire or diamond frieze by a physician to abrade the skin to the epidermis and possibly down to the papillary dermis.

(7) "Dermaplane" means the use of a scalpel or bladed instrument by a physician to shave the upper layers of the stratum corneum.

(8) "Equivalent number of credit hours" means:

(a) the following conversion table if on a semester basis:

(i) theory - 1 credit hour - 30 clock hours;

(ii) practice - 1 credit hour - 30 clock hours; and

(iii) clinical experience - 1 credit hour - 45 clock hours; and

(b) the following conversion table if on a quarter basis:

(i) theory - 1 credit hour - 20 clock hours;

(ii) practice - 1 credit hour - 20 clock hours; and

(iii) clinical experience - 1 credit hour - 30 clock hours.

(9) "Exfoliation" means the sloughing off of non-living skin cells by very superficial and non-invasive means.

(10) "Galvanic current" means a constant low-voltage direct current.

(11) "Health care practitioner" means a physician/surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, or a physician assistant licensed under Title 58, Chapter 70, Physician Assistant Act.

(12) "Hydrotherapy", as used in Subsection 58-11a-102(27)(a)(i)(B), means the use of water for cosmetic purposes or beautification of the body.

(13) "Indirect supervision" means the supervising instructor is present within the facility in which the person being supervised is providing services, and is available to provide immediate face to face communication with the person being supervised.

(14) "Limited chemical exfoliation" means an extremely gentle chemical exfoliation.

(15) "Manipulating", as used in Subsection 58-11a-102(25)(a), means applying a light pressure by the hands to the skin.

(16) "Manual lymphatic massage", as used in Subsection 58-11a-102(25)(b), means a method using light pressure applied by manual or other means to the skin in specific maneuvers to promote drainage of the lymphatic fluid through the tissue.

(17) "Microdermabrasion", as used in Subsection 58-11a-102(27)(a)(i)(E), means a gentle, progressive, superficial, mechanical exfoliation of the uppermost layers of the stratum corneum using a closed-loop vacuum system.

(18) "Patch test" or "predisposition test" means applying a small amount of a chemical preparation to the skin of the arm or behind the ear to determine possible allergies of the client to the chemical preparation.

(19) "Pedicure" means any of the following:

(a) cleaning, trimming, softening, or caring for the nails, cuticles, or calluses of the feet;

(b) the use of manual instruments or implements on the nails, cuticles, or calluses of the feet;

(c) callus removal by sanding, buffing, or filing; or

(d) massaging of the feet or lower portion of the leg.

(20) "Supervision by a licensed health care practitioner" means a health care practitioner who, acting within the scope of the licensee's license, authorizes and directs the work of a licensee pursuant to this chapter in the treatment of a patient of the health care practitioner while:

(a) the health care practitioner is physically located on the premises and is immediately available to care for the patient if complications arise; or

(b) the patient is physically located on the premises of the health care practitioner.

(21) "TCA acid" means trichloroacetic acid.

(22) "Unprofessional conduct" is further defined, in accordance with Subsection 58-1-203(5), in Section R156-11a-502.

 

R156-11a-103. Authority - Purpose.

Th[ese]is rule[s are]is adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 11a.

 

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 including]consisting of:

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

(b) 70 applications of one hour each in manual lymphatic massage of the full body[ to consist of 40 hours of training]; and

(c) 90 hours of training in 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) sanding and microdermabrasion techniques;

(b) galvanic or high-frequency current for treatment of the skin;

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

(d) devices that apply a mixture of steam and ozone to the skin;

(e) devices that spray water and other liquids on the skin; and

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

(25) elective topics; and

(26) Utah Master Esthetician Examination review.

 

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

Date of Enactment or Last Substantive Amendment: [January 11, ]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)