No. 30953 (Amendment): R156-11a. Barber, Cosmetologist/Barber, Esthetician, Electrology, and Nail Technician Licensing Act Rule

DAR File No.: 30953
Filed: 02/06/2008, 01:36
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The division and the Barber, Cosmetology/Barbering, Esthetics, Electrology and Nail Technology Licensing Board are proposing amendments to the rule to change the required licensing examinations for all license classifications governed by this rule from state theory and practical examinations to the National Interstate Council of State Board of Cosmetology (NIC) theory and practical examinations.

Summary of the rule or change:

In Subsection R156-11a-102(24), the definition for UCBIL (Utah Cosmetologist/Barber Instructor Licensing) Examination is being deleted as it is no longer necessary with the change in required examinations. In Section R156-11a-302a, changes are made throughout this section with respect to all license classifications to require the respective NIC theory and practical examinations. Additions are also made with respect to equivalent examinations approved by other state licensing authorities and transition provisions regarding prior examinations taken by applicants for licensure.

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 $150 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 applicants for licensure as a barber, cosmetologist/barber, esthetician, electrologist, or nail technician.

small businesses and persons other than businesses:

The proposed amendments do not apply to small businesses. The proposed amendments only apply to applicants for licensure as a barber, cosmetologist/barber, esthetician, electrologist, or nail technician. Due to the change from a state examination to a national examination, the division has determined each applicant for licensure in the classifications identified above will see an increase of approximately $22 per applicant. The division estimates this increase will affect about 5,000 applicants per year in the various license classifications for an aggregate increased cost of $110,000.

Compliance costs for affected persons:

The proposed amendments only apply to applicants for licensure as a barber, cosmetologist/barber, esthetician, electrologist, or nail technician. Due to the change from a state examination to a national examination, the Division has determined each applicant for licensure in the classifications identified above will see an increase of approximately $22 per applicant.

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

No fiscal impact to businesses is anticipated from this rule filing beyond those discussed in the rule summary. 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:

03/31/2008

Interested persons may attend a public hearing regarding this rule:

3/03/2008 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

04/07/2008

Authorized by:

F. David Stanley, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

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

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 this rule:

(1) "Advanced pedicures", as used in Subsection 58-11a-102(31)(a)(i)(D), means any of the following while caring for the nails, cuticles or calluses of the feet:

(a) utilizing manual instruments, implements, advanced electrical equipment, tools, or microdermabrasion for cleaning, trimming, softening, smoothing, or buffing;

(b) utilizing 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) 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(31)(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 defined in Subsections 58-11a-102(31)(a)(i)(C) and R156-11a-610(4), 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) "Extraction" means the following:

(a) "advanced extraction", as used in Subsections 58-11a-102(31)(a)(i)(F) and R156-11a-611(2)(b), means to perform extraction with a lancet or device that removes impurities from the skin;

(b) "manual extraction", as used in Subsection 58-11a-102(25)(a), means to remove impurities from the skin with protected fingertips, cotton swabs or a loop comedone extractor.

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

(12) "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, or an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act.

(13) "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.

(14) "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.

(15) "Limited chemical exfoliation" means an extremely gentle chemical exfoliation and is further defined in Subsection R156-11a-610(3).

(16) "Lymphatic massage", as used in Subsections 58-11a-102(31)(a)(G)(i) and 58-11a-302(11)(C), 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) "Manipulating", as used in Subsection 58-11a-102(25)(a), means applying a light pressure by the hands to the skin.

(18) "Microdermabrasion", as used in Subsection 58-11a-102(31)(a)(i)(E), means a gentle, progressive, superficial, mechanical exfoliation of the uppermost layers of the stratum corneum using a closed-loop vacuum system.

(19) "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.

(20) "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.

(21) "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.

(22) "TCA acid" means trichloroacetic acid.

(23) "Unprofessional conduct" is further defined, in accordance with Section 58-1-501, in Section R156-11a-502.[

(24) "UCBIL Examination" means the Utah Cosmetologist/Barber Instructor Licensing Examination, the instructor examination for all disciplines addressed in this chapter and adopted under Section R156-11a-302a.]

 

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) [A single examination is adopted for instructors of all disciplines addressed in this chapter. That examination is to be known as the "Utah Cosmetologist/Barber Instructor Licensing Examination (UCBIL).]Applicants for each classification listed below shall pass the respective examination with a passing score as determined by the examination provider.

([2]a) Applicants for licensure as a barber shall pass the National Interstate Council of State Boards of Cosmetology (NIC) Barber Theory and Practical Examinations.[:

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

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

(c) pass any other barber theory and practical examination approved by the licensing authority of another state.

(3) Applicants for licensure as a barber instructor shall:

(a) pass the UCBIL Examination with a score of at least 75%; or

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

([4]b) Applicants for licensure as a cosmetologist/barber shall pass the NIC Cosmetology/Barber Theory and Practical Examinations.[:

(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

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

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

(a) pass the UCBIL Examination with a score of at least 75%; or

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

([6]c) Applicants for licensure as an electrologist shall pass the NIC Electrologist Theory and Practical Examinations.[:

(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

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

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

(a) pass the UCBIL Examination with a score of at least 75%; or

(b) pass any equivalent examination approved by the licensing authority of another state.]

([8]d) Applicants for licensure as a basic esthetician shall pass the NIC Esthetics Theory and Practical Examinations.[:

(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

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

([9]e) Applicants for licensure as a master esthetician shall pass the NIC Master Esthetician Theory and Esthetics Practical Examinations.[:

(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

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

([10]f) Applicants for licensure as a barber instructor, cosmetologist/barber instructor, electrology instructor, [an ]esthetician instructor, or nail technology instructor shall pass the NIC Instructor Examination.[:

(a) pass the UCBIL Examination with a score of at least 75%; or

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

([11]g) Applicants for licensure as a nail technician shall pass the NIC Nail Technician Theory and Practical Examinations.[:

(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

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

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

(a) pass the UCBIL Examination with a score of at least 75%; or

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

(2) Any equivalent theory, practical or instructor examination approved by the licensing authority of any other state is acceptable for any of the examinations specified in Subsection R156-11a-302a(1).

(3) Transition Provisions - Prior Examinations.

Equivalent examinations taken and passed under prior versions of this rule are also acceptable for any of the examinations specified in Subsection R156-11a-302a(1).

 

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

Date of Enactment or Last Substantive Amendment: [August 21, 2007]2008

Notice of Continuation: April 12, 2007

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