No. 30158 (Amendment): R156-11a. Cosmetologist/Barber, Esthetician, Electrologist and Nail Technician Licensing Act Rule

DAR File No.: 30158
Filed: 06/28/2007, 12:27
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed changes to the rule are to bring the rule into compliance with statute (Title 58, Chapter 11a) amendments which were made during the 2007 Legislative Session in H.B. 419. One of the major amendments in H.B. 419 was to reintroduce the profession of "barber" to the practice act. (DAR NOTE: H.B. 419 (2007) is found at Chapter 209, Laws of Utah 2007, and was effective 04/30/2007.)

Summary of the rule or change:

Throughout the rule, all statute and rule references have been updated to reflect amendments made in the statute. The term "barber" is added where required to update the rule. The term "basic" is added to esthetics, where required, to eliminate confusion with master esthetics modalities. Some modifications in language were made to improve grammar and reduce redundancies. In Section R156-11a-102, added a definition for "extraction", "advanced extraction", and "manual extraction". A physician assistant was removed from the definition of "health care practitioner" since a physician assistant must be supervised by a licensed physician and therefore, the physician assistant cannot supervise licensees providing medical treatments. Also added a definition for the Utah Cosmetologist/Barber Instructor Licensing Examination (UCBIL Examination) that will be used for all types of instructor licenses covered in the statute. In Section R156-11a-302a, the statute requires the addition of new examination components for the barber profession. The added examination requirements are consistent with all of the other regulated professions covered in Title 58, Chapter 11a. Also added a single instructor licensing examination for all types of instructors covered in the statute. In Section R156-11a-605, an addition is made to restrict schools and instructors from requiring students to perform hair removal from the genital or anal area of a client. Section R156-11a-700 is a new section which outlines the required curriculum to be used by barber schools. The curriculum is consistent with all of the other regulated professions in statute. In Section R156-11a-701, statute amendments in H.B. 419 required the number of hours to qualify for an electrology license be changed from 500 to 600 hours. This change makes Utah consistent with the existing national average for electrologists. A similar change in hours is made in this section. In Subsection R156-11a-704(25), amendments were made by removing "with" or "without machines" and adding "manual" and "mechanical" to be more consistent with similar modalities in other subsections. In Section R156-11a-703, H.B. 419 removed from the statute the mandatory 200 hours of training in manual lymphatic drainage for master estheticians. Therefore, associated amendments are made in this section. Master esthetic programs that wish to teach manual lymphatic drainage to students are still required to teach a 200-hour component. The breakdown in the hours of education required to teach manual lymphatic drainage is consistent with the existing rule. In Section R156-11a-705, H.B. 419 provides full flexibility to cosmetology/barber school curricula and thus requires deletion of the requirements in this section for 600 hours in esthetics and 200 hours in nail technology. Section R156-11a-800 is a new section which outlines the new apprenticeship requirements for the barber profession. The requirements are consistent with all of the other apprenticeship programs required under the statute. In Section R156-11a-901, throughout this section the term "on-site" has been added to clarify the supervision requirements for the cosmetology/barber on the job training program.

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. Competency-based examinations will be provided by the Division's current testing vendor and the barbering practical and theory examinations already exist; therefore, no additional state funds will be expended on new test development.

local governments:

The proposed amendments do not apply to local governments; therefore, no costs or savings are anticipated. The proposed amendments only apply to licensed barbers, cosmetologists/barbers, estheticians, electrologists, and nail technicians. It should be noted that some local governments may see a slight increase in revenue from business licenses as new barber shops are opened. However, the Division is unable to determine exactly how many new barber shops may open or in what areas of the state they may be opened.

other persons:

The Division does not anticipate the proposed amendments to this rule will result in any higher costs to licensed barbers, cosmetologists/barbers, estheticians, electrologists, and nail technicians; or applicants for licensure in those professions; or any small business consisting of licensees beyond the amount of fiscal impact considered during the 2007 legislative session when the governing statute was amended in H.B. 419. The Division believes that costs associated with the licensing of the professions should remain relatively stable. Tuition costs for barber schools will be less than the cost of cosmetology/barber programs because of the 1,000 fewer required hours. Existing cosmetology/barber schools already have established lesson plans and training materials in place, so curriculum development costs for barbers only will be minimal. The Division anticipates that some stand alone barber schools will open for those persons interested in a barbering career. However, the Division is not able to determine any costs associated with operating a stand alone barber school. It should be noted that more competition for the student dollar will force all schools to keep tuition costs down.

Compliance costs for affected persons:

The Division does not anticipate the proposed amendments to this rule will result in any higher costs to licensed barbers, cosmetologists/barbers, estheticians, electrologists, and nail technicians; or applicants for licensure in those professions; or any small business consisting of licensees beyond the amount of fiscal impact considered during the 2007 legislative session when the governing statute was amended in H.B. 419. The Division believes that costs associated with the licensing of the professions should remain relatively stable. Tuition costs for barber schools will be less than the cost of cosmetology/barber programs because of the 1,000 fewer required hours. Existing cosmetology/barber schools already have established lesson plans and training materials in place, so curriculum development costs for barbers only will be minimal. The Division anticipates that some stand alone barber schools will open for those persons interested in a barbering career. However, the Division is not able to determine any costs associated with operating a stand alone barber school. It should be noted that more competition for the student dollar will force all schools to keep tuition costs down.

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

This proposed rule change adopts standards for the licensing and regulation of barbers and clarifies curriculum standards for cosmetology/barber schools pursuant to statutory amendments in Chapter 209, Laws of Utah 2007 (H.B. 419). No fiscal impact to businesses is anticipated beyond those addressed in H.B. 419. No fiscal impact to businesses is anticipated from additional clarifying amendments as indicated 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:

08/14/2007

Interested persons may attend a public hearing regarding this rule:

7/30/2007 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:

08/21/2007

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-101. Title.

This rule is known as the "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([27]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) [the use of]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([27]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 [used]defined in Subsections 58-11a-102([27]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.

([10]11) "Galvanic current" means a constant low-voltage direct current.

([11]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[, or a physician assistant licensed under Title 58, Chapter 70, Physician Assistant Act].

([12]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.

([13]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.

([14]15) "Limited chemical exfoliation" means an extremely gentle chemical exfoliation and is further defined in Subsection R156-11a-610(3).

(16) "[Manual l]Lymphatic massage", as used in Subsections 58-11a-102[(25)(b)](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.

([15]17) "Manipulating", as used in Subsection 58-11a-102(25)(a), means applying a light pressure by the hands to the skin.

([17]18) "Microdermabrasion", as used in Subsection 58-11a-102([27]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.

([18]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.

([19]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.

([20]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.

([21]22) "TCA acid" means trichloroacetic acid.

([22]23) "Unprofessional conduct" is further defined, in accordance with S[ubs]ection 58-1-[203(5)]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).

(2) Applicants for licensure as a barber shall:

(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.

([1]4) 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

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

([2]5) Applicants for licensure as a cosmetologist/barber instructor shall:

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

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

([3]6) 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

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

([4]7) Applicants for licensure as an electrologist instructor shall:

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

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

([5]8) Applicants for licensure as a[n] basic 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

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

([6]9) 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

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

([7]10) Applicants for licensure as an esthetician instructor shall:

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

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

([8]11) 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

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

([9]12) Applicants for licensure as a nail technician instructor shall:

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

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

 

R156-11a-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) failing to provide direct supervision of an apprentice, a student attending a barber, cosmetology/barber, esthetics, electrology, or nail technology school, or a student instructor;

(2) failing to obtain accreditation as a barber, cosmetology/barber, esthetics, electrology, or nail technology school in accordance with the requirements of Section R156-11a-601;

(3) failing to maintain accreditation as a barber, cosmetology/barber, esthetics, electrology or nail technology school after having been approved for accreditation;

(4) failing to comply with the standards of accreditation applicable to barber, cosmetology/barber, esthetics, electrology, or nail technology schools;

(5) failing to provide adequate instruction or training as applicable to a student of a barber, cosmetology/barber, esthetics, electrology, or nail technology school, or in an approved cosmetology/barber, esthetics, or nail technology apprenticeship;

(6) failing to comply with Title 26, Utah Health Code;

(7) failing to comply with the apprenticeship requirements applicable to barber, cosmetologist/barber, basic esthetician, master esthetician, or nail technician apprenticeships as set forth in Sections R156-11a-[801]800 through R156-11a-[805]804;

(8) failing to comply with the standards for curriculums applicable to barber, cosmetology/barber, esthetics, electrology, or nail technology schools as set forth in Sections R156-11a-[701]700 through R156-11a-[704]706;

(9) using any device classified by the Food and Drug Administration as a medical device without the supervision of a licensed health care practitioner acting in the scope of the licensee's practice;

(10) performing services within the scope of practice as a basic esthetician, or a master esthetician without having been adequately trained to perform such services;

(11) violating any standard established in Sections R156-11a-601 through R156-11a-612;

(12) performing a procedure while the licensee has a known contagious disease of a nature that may be transmitted by performing the procedure, unless the licensee takes medically approved measures to prevent transmission of the disease; and

(13) performing a procedure on a client who has a known contagious disease of a nature that may be transmitted by performing the procedure, unless the licensee takes medically approved measures to prevent transmission of the disease.

 

R156-11a-601. Standards for Accreditation.

In accordance with Subsections 58-11a-302(3)(c)(iv), 58-11a-302(6)(c)(iv), 58-11a-302(9)(c)(iv), 58-11a-302([10]13)(c)(iv), and 58-11a-302([13]16)(c)(iv), the accreditation standards for a barber school, a cosmetology/barber school, an electrology school, an esthetics school, and a nail technology school include:

(1) Each school shall be required to become accredited by:

(a) the National Accrediting Commission of Cosmetology Arts and Sciences (NACCAS); or

(b) other accrediting commissions recognized by the Utah Board of Regents for post secondary schools.

(2) Each school shall maintain and keep the accreditation current.

(3) A new school shall:

(a) submit an application for candidate status for accreditation to an accrediting commission within one month of receiving licensure from the Division as a barber school, a cosmetology/barber school, an electrology school, an esthetics school, or a nail technology school and shall provide evidence of receiving candidate status from the accrediting commission to the Division within 12 months of the date the school was licensed;

(b) file an "Exemption of Registration as a Post-Secondary Proprietary School" form with the Division of Consumer Protection pursuant to Sections 13-34-101 and R152-34-1; and

(c) comply with all applicable accreditation standards during the pendency of its application for accreditation status.

(4) The school shall have 24 months following the date of receiving candidate status to be approved for accreditation.

(5) A licensee who fails to obtain or maintain accreditation status, as required herein, shall immediately surrender to the Division its license as a school. Failure to do so shall constitute a basis for immediate revocation of licensure in accordance with Section 63-46b-20.

 

R156-11a-602. Standards for the Physical Facility.

In accordance with Subsections 58-11a-302(3)(c)(iii), 58-11a-302(6)(c)(iii), 58-11a-302(9)(c)(iii), 58-11a-302([10]13)(c)(iii) and 58-11a-302([13]16)(c)(iii), the standards for the physical facility of a barber, cosmetology/barber[ school], [an ]electrology[ school], [an ]esthetics[ school], [and a ]or nail technology schools shall include:

(1) the governing standards established by the accreditation commission; and

(2) whether or not addressed in the governing standards, each facility shall have the following available:

(a) enough of each type of training equipment so that each student has an equal opportunity to be properly trained;

(b) laundry facilities to maintain sanitation and sterilization; and

(c) appropriate amounts of clean towels, sheets, linen, sponges, headbands, compresses, robes, drapes and other necessary linens for each student's and client's use.

 

R156-11a-603. Standards for a Student Kit.

(1) In accordance with Subsection 58-11a-302(3)(c)(iv), 58-11a-302(6)(c)(iv), 58-11a-302(9)(c)(iv), 58-11a-302([10]13)(c)(iv), and 58-11a-302([13]16)(c)(iv), barber, cosmetology/barber, electrology, esthetics, and nail technology schools shall provide a list of all basic kit supplies needed by each student.

(2) The basic kit may be supplied by the school or purchased independently by the student.

 

R156-11a-604. Standards for Prohibition Against Operation as a Salon.

(1) In accordance with Subsections 58-11a-302(3)(c)([iv]iii), 58-11a-302(6)(c)([iv]iii), 58-11a-302(9)(c)(iv), 58-11-302([10]13)(c)([iv]iii), and 58-11a-302([13]16)(c)([iv]iii), when a barbershop or professional salon [and a school are]is under the same ownership or is otherwise associated with a school, [separate operation of the salon and the school is required]the barbershop or salon shall maintain separate operations for the school.

(2) If the barbershop or salon [and the school are]is located in the same building as a school, separate entrances and visitor reception areas are required. The salon [and the school]or shop shall also use separate public information releases, advertisements and names than that used by the school.

 

R156-11a-605. Standards for Protection of Students.

In accordance with Subsections 58-11a-302(3)(c)(iii) and (iv), 58-11a-302(6)(c)(iii) and (iv), 58-11a-302(9)(c)(iii) and (v), 58-11a-302([10]13)(c)(iii) and (iv), 58-11a-302([13]16)(c)(iii) and (iv), standards for the protection of students shall include the following:

(1) In the event a school ceases to operate for any reason, the school shall notify the division within 15 days by registered or certified mail and shall name a trustee who will be responsible to maintain the student records. Upon request, the trustee shall provide information such as accumulated student hours and dates of attendance.

(2) Schools shall not use students to perform maintenance, janitorial or remodeling work such as scrubbing floor, walls or toilets, cleaning windows, waxing floors, painting, decorating, or performing any outside work on the grounds or building. Students may be required to clean up after themselves and to perform or participate in daily cleanup of work areas, including the floor space, shampoo bowls, laundering of towels and linen and other general cleanup duties that are related to the performance of client services.

(3) Schools shall not require students to sell products applicable to their industry as a condition to graduate, but may provide instruction in product sales techniques as part of their curriculums.

(4) Schools shall keep a daily written record of student attendance.

(5) Schools shall not be permitted to remove hours earned by a student. If a student is late for class, the school may require the student to retake the class before giving credit for the class.

(6) In accordance with Subsection 58-11a-502(3)(a), schools shall not require students to participate in hair removal training that pertains to the genitals or anus of a client.

 

R156-11a-606. Standards for Protection of Schools.

In accordance with Subsections 58-11a-302(3)(c)(iv), 58-11a-302(6)(c)(iv), 58-11a-302(9)(c)(iv), 58-11a-302([10]13)(c)(iv), and 58-11a-302([13]16)(c)(iv), standards for the protection of barber, cosmetology/barber, electrology, esthetics, and nail technology schools shall include the following:

(1) Schools shall not be required to release documentation of hours earned to a student until the student has paid the tuition or fees owed to the school as provided in the terms of the contract.

(2) Schools may accept transfer students. Schools shall determine the amount of hours to be accepted toward graduation based upon an evaluation of the student's level of training.

(3) Hours obtained while enrolled in a barber, cosmetology, electrology, esthetics, master esthetics, or nail technology apprenticeship may not be used to satisfy any of the required hours of school instruction.

 

R156-11a-607. Standards for a Written Contract.

(1) In accordance with Subsections 58-11a-302(3)(c)(iv), 58-11a-302(6)(c)(iv), 58-11a-302([10]9)(c)(iv), [and ]58-11a-302(13)(c)(iv), and 58-11a-302(16)(c)(iv), barber, cosmetology/barber, electrology, esthetics, and nail technology schools shall complete a written contract with each student prior to admission.

(2) Each contract shall contain, as a minimum:

(a) the current status of the school's accreditation;

(b) rules of conduct;

(c) attendance requirements;

(d) provisions for make up work;

(e) grounds for probation, suspension or dismissal; and

(f) a detailed fee schedule which shall include the student's financial responsibility upon voluntarily leaving the school or upon being suspended from the school.

(3) The school shall maintain on file a copy of the contract for each student and shall provide a copy of the contract to the division upon request.

 

R156-11a-608. Standards for Staff Requirements of Schools.

In accordance with Subsections 58-11a-302(3)(c)(iv), 58-11a-302(6)(c)(iv), 58-11a-302(9)(c)(iv), 58-11a-302([10]13)(c)(iv), and 58-11a-302([13]16)(c)(iv), the staff requirement for barber, cosmetology/barber, electrology, esthetics and nail technology school shall include:

(1) Schools shall be required to have, as a minimum, one licensed instructor for every 20 students, or fraction thereof, attending a practical session, and one licensed instructor for any group attending a theory session. Special guest speakers shall not reduce the number of licensed instructors required to be present.

(2) Schools may give credit for special workshops, training seminars, and competitions, or may invite special guest speakers who are not licensed in accordance with Section 58-11a-302, to provide instruction or give practical demonstrations to supplement the curriculum as long as a licensed instructor from the school is present.

(3) Student instructors shall not be counted as part of the instructor staff.

 

R156-11a-609. Standards for Instructors.

(1) In accordance with Subsections 58-11a-302(2)[(c)(iv)](e) and (f), 58-11a-302(5)[(c)(iv)](e) and (f), 58-11a-302[(9)(c)(iv)](8)(e) and (f), [and] 58-11a-302(12)[(c)(iv)](e) and (f), and 58-11a-302(15)(e) and (f), barber, cosmetology/barber, electrology, esthetics, and nail technology instructors may only teach in those areas for which they have received training and are qualified to teach.

(2) In accordance with Subsection 58-11a-102(21)(b), an individual licensed as a cosmetology/barbering instructor may teach barbering, basic esthetics or nail technology in a licensed barber, cosmetology/barber school or an approved barber, cosmetology/barber, basic esthetics or nail technology apprenticeship, provided the individual can demonstrate the same experience as required in [Subsection 58-11a-302(9)(e)]Subsection R156-11a-609(1).

(3) An instructor may only teach the use of a mechanical or electrical apparatus for which the instructor is trained and qualified.

 

R156-11a-610. Standards for the Use of Acids.

In accordance with Subsections 58-11a-102(25)([c]b), 58-11a-102([27]31)(a)(i)(C) and 58-11a-501(17), the standards for the use of any acid or concentration of acids, shall be:

(1) The use of any acid or acid solution which would exfoliate the skin below the stratum corneum, including those listed in Subsections (3) and (4), is prohibited unless used under the supervision of a licensed health care practitioner.

(2) The following acids are prohibited unless used under the supervision of a licensed health care practitioner:

(a) phenol;

(b) [trichloroacetic acid;

(c) ]bichloroacetic acid;

([d]c) resorcinol, except as provided in Subsection (4)(b); and

([e]d) any acid in any concentration level that requires a prescription.

(3) Limited chemical exfoliation for a[n] basic esthetician does not include the mixing, [and ]combining or layering of skin exfoliation products or services, but does include:

(a) alpha hydroxy acids of 30% or less, with a pH of not less than 3.0; and

(b) salicylic acid of [20% with a pH of not less than 3.0]15% or less.

(4) Chemical exfoliation for a master esthetician includes[ using]:

(a) [those ]acids allowed for a[n] basic esthetician;

(b) modified jessner solution on the face and the tissue immediately adjacent to the jaw line;

(c) alpha hydroxy acids with a pH of not less than 1.0 and at a concentration of 50% must include partially neutralized acids, and any acid above the concentration of 50% is prohibited;

(d) beta hydroxy acids with a concentration of not more tha[t]n 30%; and

(e) trichloroacetic acid, in accordance with Subsection 58-11a-501(17)(c), may be used in a concentration of not more than 15%, but no manual, mechanical or acid exfoliation can be used prior to treatment; and

([e]f) vitamin based acids.

(5) A licensee may not apply any exfoliating acid to a client's skin that has undergone microdermabrasion within the previous seven days.

(6)(a) A licensee shall prepare and maintain current documentation of the licensee's cumulative experience in chemical exfoliation, including:

(i) courses of instruction;

(ii) specialized training;

(iii) on-the-job experience; and

(iv) the approximate percentage that chemical exfoliation represents in the licensee's overall business.

(b) A licensee shall provide the documentation required by Subsection (6)(a) to the division upon request.

(7) A licensee may not use an acid or perform a chemical exfoliation for which the licensee is not competent to use or perform through training and experience and as documented in accordance with Subsection (6).

(8) Only commercially available products utilized in accordance with manufacturers' instructions may be used for chemical exfoliation purposes.

(9) A patch test shall be administered to each client prior to beginning any chemical exfoliation series.

 

R156-11a-611. Standards for Approval of Mechanical or Electrical Apparatus.

In accordance with Subsection 58-11a-102([27]31)(a)(i)([F]G)(II), the standards for approval of mechanical or electrical apparatus shall be:

(1) No mechanical or electrical apparatus that is considered a prescription medical device by the FDA may be used by a licensee, unless such use is completed under the supervision of a licensed health care practitioner acting within the scope of the licensee's license.

(2) Dermaplane procedures, dermabrasion procedures, blades, knives, lancets, and any tools that invade the skin or living cells are prohibited except for:

(a) advanced pedicures; and

(b) advanced extraction of impurities from the skin.

(3) The use of any procedure in which human tissue is cut or altered by [mechanical or energy form, including electrical or ]laser energy or ionizing radiation[,] is prohibited for all individuals licensed under this chapter unless under the supervision of a licensed health care practitioner acting within the scope of the licensee's license.

(4) To be approved, a microdermabrasion machine must meet the following criteria:

(a) specifically labeled for cosmetic or esthetic purposes;

(b) closed-loop vacuum system that uses a tissue retention device; and

(c) the normal and customary use of the machine does not result in the removal of the epidermis beyond the stratum corneum.

 

R156-11a-612. Standards for Disclosure.

(1) In accordance with Subsections 58-11a-102(25)([c]b) and 58-11a-102([27]31)(i)(C), a licensee acting within the licensee's scope of practice shall inform a client of the following before applying a chemical exfoliant or using a microdermabrasion machine:

(a) [that ]the procedure may only be performed for cosmetic and not medical purposes, unless the licensee is working under the supervision of a licensed health care practitioner, who is working within the scope of the practitioner's license; and

(b) the benefits and risks of the procedure.

 

R156-11a-700. Curriculum for Barber Schools.

In accordance with Subsection 58-11a-302(3), the curriculum for a barber school shall consist of 1,000 hours of instruction in the following subject areas:

(1) introduction consisting of:

(a) history of barbering,

(b) an overview of the barber curriculum;

(2) personal, client and shop safety including:

(a) aseptic techniques and sanitary procedures;

(b) sterilization methods and procedures;

(c) health risks to the barber;

(3) business and shop management including:

(a) developing a clientele;

(b) professional image;

(c) professional ethics;

(d) professional associations;

(e) public relations;

(f) advertising;

(4) legal issues including:

(a) malpractice liability;

(b) regulatory agencies;

(c) tax laws;

(5) human immune system;

(6) diseases and disorders of the hair and scalp including:

(a) bacteriology;

(b) sanitation;

(c) sterilization;

(d) decontamination;

(e) infection control;

(7) implements, tools and equipment for barbering;

(8) first aid;

(9) anatomy;

(10) basic science of barbering;

(11) chemistry for barbering;

(12) analysis of the hair and scalp;

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

(14) basic hairstyling and hair cutting including:

(a) draping;

(b) clipper variations;

(c) scissor cutting; and

(d) wet and thermal styling;

(15) shaving and razor cutting;

(16) mustache and beard design;

(17) elective topics; and

(18) the Utah Barber Examination review.

 

R156-11a-701. Curriculum for Electrology Schools.

In accordance with Subsection 58-11a-302([6]9)(c)(iv), the curriculum for an electrology school shall consist of [500]600 hours of instruction in the following subject areas:

(1) introduction consisting of:

(a) the history of electrology; 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 electrologist;

(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 and liability;

(b) regulatory agencies; and

(c) tax laws;

(5) human immune system;

(6) diseases and disorders of hair and skin;

(7) implements, tools, and equipment for electrology;

(8) first aid;

(9) anatomy;

(10) basic science of electrology;

(11) analysis of the skin;

(12) physiology of hair and skin;

(13) medical definitions including:

(a) dermatology;

(b) endrocrinology;

(c) angiology; and

(d) neurology;

(14) evaluating the characteristics of skin;

(15) evaluating the characteristics of hair;

(16) medications affecting hair growth including:

(a) over-the-counter preparations;

(b) anesthetics; and

(c) prescription medications;

(17) contraindications;

(18) disease and blood-borne pathogens control including:

(a) pathogenic bacteria and non-bacterial causes; and

(b) American Electrology Association (AEA) infection control standards;

(19) principles of electricity and equipment including:

(a) types of electrical currents, their measurements and classifications;

(b) Food and Drug Administration (FDA) approved needle type epilation equipment;

(c) FDA approved hair removal devices; and

(d) epilator operation and care;

(20) modalities for need type electrolysis including:

(a) needle/probe types, features, and selection;

(b) insertions, considerations, and accuracy;

(c) galvanic multi needle technique;

(d) thermolysis manual and flash technique;

(e) blend and progressive epilation technique; and

(f) one and two handed techniques;

(21) clinical procedures including:

(a) consultation;

(b) health/medical history;

(c) pre and post treatment skin care;

(d) normal healing skin effects;

(e) tissue injury and complications;

(f) treating ingrown hairs;

(g) face and body treatment;

(h) cosmetic electrology; and

(i) positioning and draping;

(22) elective topics; and

(23) Utah Electrology Examination review.

 

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

In accordance with Subsection 58-11a-302([10]13)(c)(iv), the curriculum for an esthetics school basic 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 basic 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 basic esthetics including;

(a) high frequency or galvanic current; and

(b) heat lamps;

(8) first aid;

(9) anatomy;

(10) [basic ]science of basic 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 basic 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]manual and [without machines]mechanical;

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

(27) natural nail manicures and 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]13)(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 a[n] basic 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) for schools teaching lymphatic massage, in accordance with Subsections 58-11a-102(31)(a)(ii) and 58-11a-302(11)(d)(i)(C), 200 hours of instruction [in lymphatic massage consisting of]is required and shall consist of:

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

(b) 70 applications of one hour each in manual lymphatic massage of the full body; and

(c) 90 hours of training in lymphatic massage by other means, including but not limited to energy, mechanical devices, suction assisted massage with or without rollers, compression therapy with equipment, or garment therapy;

(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.

 

R156-11a-704. Curriculum for Nail Technology Schools.

In accordance with Subsection 58-11a-302([6]16)(c)(iv), the curriculum for a nail technology school shall consist of 300 hours of instruction in the following subject areas:

(1) introduction consisting of:

(a) history of nail technology; 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 nail technician;

(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 the nails and skin including:

(a) bacteriology;

(b) sanitation;

(c) sterilization;

(d) decontamination; and

(e) infection control;

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

(8) first aid;

(9) anatomy;

(10) basic science for nail technology;

(11) theory of basic manicuring including hand and arm massage;

(12) physiology of the skin and nails;

(13) chemistry for nail technology;

(14) artificial nail techniques consisting of:

(a) wraps;

(b) nail tips;

(c) gel nails;

(d) sculptured acrylic nails; and

(e) nail art;

(15) pedicures and massaging the lower leg and foot;

(16) elective topics; and

(17) Utah Nail Technology Examination review.

 

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

In accordance with Subsection 58-11a-302([3]6)(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 all of 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 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, basic 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, basic 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.

 

R156-11a-706. Curriculum for Barber, Cosmetology/Barber, Master Esthetics, Electrology, and Nail Technology Instructors School.

In accordance with Subsections 58-11a-302(2)(e)(i), (5)(e)(i), (9)(e)(i), (12)(e)(i) and (15)(e)(i),[ (5), (9) and (12),] the curriculum for an approved barber, cosmetology/barber, basic esthetics, master esthetics, electrology and nail technology instructor school shall consist of [1,000 hours]the number of hours of instruction required in the subsections identified above in the following subject areas:

(1) motivation and the learning process;

(2) teacher preparation;

(3) teaching methods;

(4) classroom management;

(5) testing;

(6) instructional evaluation;

(7) laws, rules and regulations; and

(8) Utah Cosmetology/Barber, Master Esthetics, Electrology and Nail Technology Instructors Examination review.

 

R156-11a-800. Approved Barber Apprenticeship Requirements.

In accordance with Subsection 58-11a-102(1), the requirements for an approved barber apprenticeship shall include the following:

(1) The instructor shall have only one apprentice at a time.

(2) There shall be a conspicuous sign near the work station of the apprentice stating "Apprentice in Training".

(3) The instructor and apprentice shall keep a daily record, which shall include the hours of theory instruction, the hours of practical instruction, the number and type of client services performed, and other services which will document the total number of hours of training. The record shall be available to the Division upon request.

(4) A complete set of barber texts shall be available to the apprentice.

(5) An apprentice may be compensated for services performed.

(6) The instructor shall provide training and technical instruction of 1250 hours using the curriculum defined in Section R156-11a-700.

(7) The instructor shall limit the training of the apprentice to not more than 40 hours per week and not more than five days out of every seven consecutive days.

(8) An apprentice may not perform work on the public until the apprentice has received at least 10% of the hours of technical training, with at least a portion of that time devoted to each of the subjects specified in Section R156-11a-700.

(9) Any hours obtained while enrolled in a cosmetology/barber school shall not be used to satisfy the required 1250 hours of apprentice training.

 

R156-11a-802. Approved Basic Esthetician Apprenticeship Requirements.

In accordance with Subsection 58-11a-102(2), the requirements for an approved basic esthetician apprenticeship include:

(1) The instructor shall have no more than one apprentice at a time.

(2) There shall be a conspicuous sign near the workstation of the apprentice stating, "Apprentice in Training."

(3) The instructor and apprentice shall keep a daily record, which shall include the hours of theory instruction, the hours of practical instruction, the number and type of client services performed, and other services, which will document the total number of hours of training. The record shall be available to the division upon request.

(4) A complete set of esthetics texts shall be available to the apprentice.

(5) An apprentice may be compensated for services performed.

(6) The instructor shall provide training and technical instruction of 800 hours using the curriculum defined in Section R156-11a-702.

(7) The instructor shall limit the training of the apprentice to not more than 40 hours per week and not more than five days out of every seven consecutive days.

(8) An apprentice may not perform work on the public until the apprentice has received at least 10% of the hours required in technical training, with at least a portion of that time devoted to each of the subjects specified in Section R156-11a-702.

(9) Hours obtained while enrolled in an esthetics school shall not be used to satisfy the required 800 hours of apprentice training.

 

R156-11a-901. On the Job Training Internship.

In accordance with Subsection 58-11a-304(8), students enrolled in a licensed cosmetology/barber school may participate in an on the job training internship if they meet the following requirements:

(1) The on the job training intern must have completed at least 1000 hours of the training contracted [for ]with a cosmetology/barber school, of which 400 hours shall be clinical hours.

(2) There shall be a conspicuous sign near the work station of the on the job training intern stating "Intern in Training".

(3) A licensed "on-site" cosmetology/barber [supervisor ]shall supervise only one on the job training intern at a time.

(4) An on the job training intern, while working under the direct supervision of an "on-site" licensed cosmetologist/barber, may perform the following procedures:

(a) draping;

(b) shampooing;

(c) roller setting;

(d) blow drying styling;

(e) applying color;

(f) removing color by rinsing and shampooing;

(g) removing permanent chemicals;

(h) removing permanent rods;

(i) removing rollers;

(j) applying temporary rinses, reconditioners, and rebuilders;

(k) acting as receptionists;

(l) doing retail sales;

(m) sanitizing the salon;

(o) doing inventory and ordering supplies; and

(p) handing equipment to the cosmetologist/barber supervisor.

(5) The "on-site" cosmetologist/barber supervisor must have in [their]her possession a letter, which must be updated on a quarterly basis, from the school where the on the job training intern is enrolled stating that the on the job training intern is currently in good standing at the school and is complying with school requirements.

(6) [Credit toward graduation for work as an on the job training intern will not be allowed]Time earned while performing on the job training as an intern shall not apply towards credits required for graduation.

 

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

Date of Enactment or Last Substantive Amendment: [March 27, ]2007

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)