No. 42018 (Amendment): Rule R156-11a. Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act Rule

(Amendment)

DAR File No.: 42018
Filed: 08/14/2017 10:09:46 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

These amendments are filed to: 1) make minor formatting changes for clarification; 2) establish additional fine schedules for certain unlawful conduct, including changes to conform with provisions of S.B. 145, passed during the 2017 General Session (regarding nail salon source capture systems); and 3) implement changes mandated by H.B. 287, passed during the 2017 General Session (which created new licensing categories for a hair designer, hair designer instructor, and hair design school, and which modified the name of the Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act).

Summary of the rule or change:

Minor formatting changes are made throughout for clarification. In Section R156-11a-101, the proposed amendments change the rule's title to conform with the new Act name, from the "Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act Rule," to the "Cosmetology and Associated Professions Licensing Act Rule." In Section R156-11a-102, the proposed amendments modify citations throughout this section to conform to the other changes made in the rule. In Section R156-11a-302a, the proposed amendments mandate the required examinations for licensure as a hair designer and licensure as a hair designer instructor. In Section R156-11a-302b, the proposed amendments provide foreign school education/credential evaluation standards for the new category of "hair design school" (by adding the new hair design school category to existing foreign school equivalency requirements). In Section R156-11a-302c, the proposed amendments make formatting changes for clarification. In Section R156-11a-502, the proposed amendments provide definitions of unprofessional conduct for the new category of "hair design school" (by adding the hair design school category to existing definitions of unprofessional conduct). In the new Subsections R156-11a-503(4), (5), and (6), the proposed amendments add a fine schedule for the following unlawful conduct: 1) performing an ablative procedure in violation of the statute (first offense $1,000, second offense $2,000); 2) failing as an instructor to give notice to each unlicensed attendee that the education provided is insufficient to qualify the attendee to perform the subject service for compensation, and that the unlicensed attendee must obtain licensure before performing the service for compensation (first offense $500, second offense $1,000); and 3) failing as a salon or school where nail technology is practiced or taught, to maintain the source capture system as required by statute (first offense $500, second offense $1,000). In Section R156-11a-601, the proposed amendments establish accreditation standards for the new category of "hair design school" (by adding the hair design school category to existing accreditation standards). The standards were also rewritten for clarity. In Section R156-11a-602, the proposed amendments establish standards for the physical facilities of a hair design school (by adding the hair design school category to existing school physical facilities standards). In Section R156-11a-603, the proposed amendments establish standards for a student kit for a hair design school (by adding the hair design school category to existing student kit standards). In Section R156-11a-604, the proposed amendments establish standards for the physical facilities of a hair design school that prohibit operation of the school jointly with a barbershop, salon, or spa (by adding the hair design school category to existing school standards). In Section R156-11a-605, the proposed amendments establish standards for the protection of students of a hair design school (by adding the hair design school category to existing school standards). In Section R156-11a-606, the proposed amendments establish standards for the protection of a hair design school (by adding the hair design school category to existing school standards). In Section R156-11a-607, the proposed amendments establish standards for a written contract for students of a hair design school (by adding the hair design school category to existing school standards). In Section R156-11a-608, the proposed amendments establish staff requirements for a hair design school (by adding the hair design school category to existing school standards). In Section R156-11a-609, the proposed amendments establish standards for instructors of a hair design school (by adding the hair design school category to existing school instructor standards). In Sections R156-11a-610, R156-11a-611, R156-11a-612, R156-11a-700, R156-11a-701, R156-11a-702, R156-11a-703, R156-11a-704, and R156-11a-705, minor formatting changes are made throughout these sections for clarification. In Section R156-11a-706, the proposed amendments establish the required curriculum for hair design schools. In Section R156-11a-707, the proposed amendments establish the required curriculum for a hair design instructor school (by adding the hair design school category to existing instructor school standards). In Sections R156-11a-800, R156-11a-801, R156-11a-802, R156-11a-803, and R156-11a-804, minor formatting changes are made throughout these sections for clarification. In Section R156-11a-902, the proposed amendments establish standards for an employee of a hair design school to obtain on-the-job training to become a licensed instructor (by adding the hair design school category to existing standards).

Statutory or constitutional authorization for this rule:

• Section 58-11a-101
• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

First, no fiscal impact is anticipated to the state from any of the formatting changes. Second, the bulk of the proposed amendments are made in accordance with H.B. 287 (2017), which added new license classifications for hair designer, hair designer instructor, and hair design schools, and required the Division to issue rules to implement licensing. Because it is unknown how many individuals or schools will apply for the new licenses, it is difficult to estimate the costs or savings to the Division from filing these proposed amendments, as the costs or savings will vary depending on circumstances. However, the Division's proposed fiscal note for H.B. 287 (2017), which was not funded, estimated approximately $2,700 in costs to the Division, including approximately $30 to process each additional instructor application. Third, the Division estimates that the amendments establishing a fine schedule for certain unlawful conduct under Subsections R156-11a-503(4), (5), and (6) may have a positive fiscal impact on the Division of approximately $13,750 per year. Historically, a review of these offenses occurring in the past year shows that five or fewer offenses would be sanctioned under Subsection R156-11a-503(4) (violation in performing ablative procedure), five or fewer offenses would be sanctioned under Subsection R156-11a-503(5) (instructor failing to notify), and ten or fewer offenses would be sanctioned under Subsection R156-11a-503(6) (failure to maintain source capture system). Under the proposed amendments, this could translate to an estimated $16,500 in fines received by the Division per year, revenue from which would be deposited into the Cosmetology and Associated Professions Education and Enforcement Fund (the "E&E Fund"). In turn, there would be corresponding average costs to the Division of approximately $2,750 for FTEs and operating expenses required to administer the fines and handle any appeals. These costs would be paid out of the E&E Fund, to the extent the additional revenue generated would cover these costs. Finally, the state will incur a cost of approximately $75 to print the new rules.

local governments:

Review of the amendments to this rule confirms that none of these changes will result in any additional cost or savings to local government. Local governments neither enforce nor are affected by the application processes and requirements implemented by these rules. Nor will local governments be indirectly impacted because none of the amendments create a situation requiring services from local governments. Therefore, no cost or savings to local government are anticipated.

small businesses:

First, no fiscal impact is anticipated to small business from any of the proposed formatting changes, because all such changes merely simplify the rule and clarify existing industry practices. Second, the proposed amendments establishing a fine schedule for unlawful conduct under Subsection R156-11a-503(6) (failing as a nail salon or school to maintain the source capture system as required by statute) will not result in a measurable fiscal impact to small business. The Division's review indicates that an estimated ten licensees could be sanctioned per year for a first offense, with a maximum fine of $500, and one licensee sanctioned for a second offense, with a maximum fine of $1,000; this could result in estimated total ongoing citation costs of $6,000 annually. However, the impact of these fines cannot and should not be scaled to all small business nail salons and schools, as they will never affect the overwhelming majority of small businesses who meet the normal standards of their profession and will never be assessed a fine. Stated another way, the nature of the misconduct proposed to be codified in the amended rule is such that the impact of the corresponding fines will never be uniformly felt across the industry. Furthermore, based on the Division's historical review, a licensee sanctioned for misconduct is extremely unlikely to be fined again in succeeding years. This analysis is supported by the fiscal note attached to S.B. 145 (2017), which estimated that enactment of the legislation "likely would not result in direct, measurable expenditures by Utah residents or businesses". In short, after conducting a thorough analysis, the Division has determined that the scope of these proposed amendments is so narrow that they will not affect the vast majority of small business, and will not result in a measurable fiscal impact to small business. Third, the new licensing classifications established by H.B. 287 (2017) for a hair designer, hair designer instructor, and hair design school, could have a positive fiscal impact on small business in two ways: 1) a hair design school established under these new rules may generate revenue from students enrolled in the school; and 2) hair designers and hair designer instructors licensed in accordance with these rules may generate revenue by engaging in a new business. The Division estimates that these proposed rules themselves will not have any fiscal impact on small business over and above this impact from the underlying legislation, except for the choice made to implement the requirements for these classifications and course requirements in as cost-effective a manner as possible. The Division, in collaboration with businesses in the industry, estimates that the start-up costs to add a new hair designer program in accordance with these new rules will be approximately $10,000. This includes accreditation fees and administrative expenditures. It also includes substantial savings on expenses because under these rules the need to comply with expanded cosmetologist/barber license requirements will be unnecessary, and most if not all schools will already have many of the required program features in place. Although it is unknown how many businesses will choose to commence hair designer courses, it is expected that at least most of the schools will have no difficulty in funding these up-front costs and attracting students to cover them. Input from businesses in the industry indicates that the average tuition they will charge for a hair designer license course will range from $10,000 to $12,000 per student, plus an additional $1,300 for the student kit.

persons other than small businesses, businesses, or local governmental entities:

None of the proposed rule changes are expected to impact large businesses; the division is unaware of any current schools or spas employing more than 50 individuals, and the division does not expect any new hair design school to be large enough to employ 50 or more persons. As far as individual licensees, first, the proposed amendments establishing a fine schedule for unlawful conduct under Subsections R156-11a-503(4) (performing an ablative procedure in violation of statute) and R156-11a-503(5) (instructor failing to give notice), is not expected to result in a measurable fiscal impact for these other persons. The division's analysis indicates that under Subsection R156-11a-503(4), an estimated five licensees could be sanctioned yearly for a first offense, with a maximum fine of $1,000, and one licensee sanctioned for a second offense with a maximum fine of $2,000, resulting in estimated aggregate ongoing citation costs of $7,000 annually. In turn, under Subsection R156-11a-503(5), an estimated five licensees could be sanctioned per year for a first offense, with a maximum fine of $500, and one licensee sanctioned for a second offense, with a maximum fine of $1,000, resulting in estimated aggregate ongoing citation costs of $3,500 annually. However, the division's analysis indicates that these fines will never impact the overwhelming majority of individuals in the industry who will never be assessed a fine, and further, based on the Division's historical review these sanctioned individuals are highly unlikely to be fined in succeeding years. This analysis is supported by S.B. 145's fiscal note, which found that enactment of the legislation likely would not result in direct, measurable expenditures by Utah residents. Therefore, after conducting a thorough analysis the division has determined that the scope of these proposed amendment is so narrow that it will not affect the vast majority of individual licensees and will not result in a measurable fiscal impact to these other persons. Second, the new hair designer courses implemented under these proposed rules is expected to save individual license applicants time and money by allowing them to enroll in a 1,200 hour course, rather than completing 1,600 hours for a full cosmetology/barber course. The average tuition for a full cosmetology/barber course with student kit is currently $18,700; in contrast, the average tuition for the hair design course is expected to be $12,300 with the student kit, which would translate into a cost savings of $6,400 per licensee. It is difficult to estimate the aggregate cost savings to licensees because the number of students who will ultimately enroll in the new hair designer courses is unknown; the division's outreach to the potential hair design schools and discussions with other persons in the industry reveals uncertainty about what the future student choices will be. The fiscal note for H.B. 287 (2017) estimated that enactment of the bill would result in 100 new hair designer licensees. However, the number of individuals licensed from year to year is expected to be much greater than 100, because of input from schools and licensees in the industry anticipating that approximately 25% of prospective cosmetologist/barber students and 50% of prospective barber students will choose to instead pursue a hair designer license. Therefore, the best estimate is that, based on the figures from the fiscal note and the number of new cosmetologist/barber and barber licenses issued from June 2016 through June 2017, an average of 609 hair designer licenses may be issued per year. Based on these percentages, an estimated 432 individuals would have sought a cosmetology/barber license but for the availability of this new hair designer license. Accordingly, total aggregate savings for individual applicants is expected to be $2,764,800 per year. Finally, the proposed amendments remove the division's $60 application fee for individuals holding an instructor license who apply for an additional instructor license. It is estimated that approximately 38 licensees per year could potential save $60, for an estimated aggregate total savings to these other persons of $2,280 per year. Division records currently show 76 individual instructors with two or more instructor licenses, and from 05/09/2017, through the date of this analysis, two instructor licenses have already been issued for which the fee was waived due to another instructor license already held by the licensee.

Compliance costs for affected persons:

H.B. 287 (2017) provides three new license classifications. An applicant for a hair designer license will incur a $60 application fee, and a bi-annual renewal fee of $52. An applicant for a hair design school will incur a $110 application fee and bi-annual renewal fee. An applicant for a hair designer instructor will incur a $60 application fee if the individual does not hold any other instructor license.

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

Minor formatting amendments are made throughout most sections of R156-11a for clarification. Substantive amendments: 1) establish additional fine schedules for certain unlawful conduct (including changes to conform with provisions of S.B. 45, passed during the 2017 General Session); 2) create new licensing categories for a hair designer, hair designer instructor and hair design school (as mandated by H.B. 287, passed during the 2017 General Session); and 3) modify the name of the rule to the shortened "Cosmetology and Associated Professions Licensing Act Rule". No fiscal impact to business will result from the formatting amendments and the change of the name of the rule. The proposed amendments establishing a fine schedule for unlawful conduct under Subsections R156-11a-503(1)(d), (e) and (f) (as renumbered and lettered by the formatting changes), will not result in measurable fiscal impact to small business as a whole, and will merely impact those few businesses which are not in compliance with the rule. Further, and based upon the Division's historical review, a licensee sanctioned for misconduct is extremely unlikely to be fined again in a succeeding year (i.e. second offense fines are rare). The new licensing classifications established by H.B. 287 (2017) will likely have a positive fiscal impact on small business in two ways: 1) a hair design school established under these new rules may generate revenue from students enrolled in the school; and 2) hair designers and hair designer instructors licensed in accordance with the rule may generate revenue by beginning new businesses or by earning compensation as instructors.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Allyson Pettley at the above address, by phone at 801-530-6179, 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:

10/02/2017

Interested persons may attend a public hearing regarding this rule:

• 09/06/2017 09:00 AM, Heber Wells Bldg, 160 E 300 S, second floor Commerce Hearing Room,Salt Lake City, UT

This rule may become effective on:

10/09/2017

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

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

R156-11a-101. Title.

This rule is known as the "[Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician]Cosmetology and Associated Professions 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) "Acrylic nail", as used in [Subsections]Section 15A-3-[401(4)]402 and Subsection R156-11a-102(25), means an extension for natural nails molded out of a polymer powder and a liquid monomer buffed to a shine.

(2) "Advanced pedicures", as used in Subsection 58-11a-102([34]39)(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 Section R156-11a-611; or

(c) utilizing topical products and preparations for chemical exfoliation as defined in Subsection R156-11a-610(4).

(3) "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.

(4) "BCA acid" means bicloroacetic acid.

(5) "Body wraps", as used in Subsection 58-11a-102([34]39)(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.

(6) "Chemical exfoliation", as defined in Subsections 58-11a-102([34]39)(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.

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

(8) "Dermaplane" means the use of a scalpel or bladed instrument under the direct supervision of a health care practitioner to shave the upper layers of the stratum corneum.

(9) "Direct 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 as defined under Subsection R156-1-102a(4)(a).

(10) "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.

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

(12) "Extraction" means the following:

(a) "[a]Advanced extraction", as used in Subsections 58-11a-102([34]39)(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) "[m]Manual extraction", as used in Subsection 58-11a-102([25]31)(a), means to remove impurities from the skin with protected fingertips, cotton swabs or a loop comedone extractor.

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

(14) "General 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 as defined under Subsection R156-1-102a(4)(c).

(15) "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, a podiatrist under Title 58, Chapter 5A, Podiatric Physician Licensing Act, or a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Practice Act, acting within the appropriate scope of practice.

(16) "Hydrotherapy", as used in Subsection 58-11a-102([34]39)(a)(i)(B), means the use of water for cosmetic purposes or beautification of the body.

(17) "Indirect supervision" means the supervising instructor who, acting within the scope of the licensee's license, authorizes and directs the work of a licensee pursuant to this chapter as defined under Subsection R156-1-102a(4)(b).

(18) "Limited chemical exfoliation" means a non-invasive chemical exfoliation and is further defined in Subsection R156-11a-610(3).

(19) "Lymphatic massage", as used in Subsections 58-11a-102([34]39)(a)(ii) and 58-11a-302(11)(e), means a method using a light rhythmic pressure applied by manual or other means to the skin using specific lymphatic maneuvers to promote drainage of the lymphatic fluid through the tissue.

(20) "Manipulating", as used in Subsection 58-11a-102([28]31)(a), means applying a light pressure by the hands to the skin.

(21) "Microdermabrasion", as used in Subsection 58-11a-102([34]39)(a)(i)(E), means a gentle, progressive, superficial, mechanical exfoliation of the uppermost layers of the stratum corneum using a closed-loop vacuum system.

(22) "Microneedling" means the use of multiple tiny solid needles designed to pierce the skin for the purpose of stimulating collagen production or cellular renewal. Devices used may be in the form of rollers, stamps or electronic "pens". It is also known as:

(a) dermal needling;

(b) Collagen Induction Therapy (CIT);

(c) dermal rolling;

(d) cosmetic dry needling;

(e) multitrepannic collagen actuation; or

(f) percutaneous collagen induction.

(23) "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.

(24) "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.

(25) "Source capture system", as used in [Subsections]Section 15A-3-[401(4)]402 and Subsection 58-11a-502(7), means an air filtration and recirculation system that shall be:

(a) maintained and cleaned according to the manufacturer's instructions; and

(b) capable of:

(i) filtering and recirculating air to inside space not less than 50 cubic feet per minute (cfm) per acrylic nail station; or

(ii) exhausting not less than 50 cubic feet per minute (cfm) per acrylic nail station.

(26) "TCA acid" means trichloroacetic acid.

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

 

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

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

(1) Except as otherwise provided in Section 58-1-308 and R156-11a-308 for individuals reinstating a license, applicants for each classification listed below shall pass within one year prior to the date of application, or within other reasonable timeframe as approved by the Division upon review of applicable extenuating circumstances, the respective examination with a passing score of at least 75% as determined by the examination provider.

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

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

(c) Applicants for licensure as an electrologist shall pass the NIC Electrology Theory and Practical Examinations.

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

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

(f) Applicants for licensure as a hair designer shall pass the NIC Hair Design Theory and Practical Examinations.

([f]g) Applicants for licensure as a barber instructor, cosmetologist/barber instructor, electrology instructor, esthetician instructor, hair designer instructor, or nail technology instructor shall pass the NIC Instructor Examination s.

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

(2) Any substantially 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(1).

 

R156-11a-302b. Qualifications for Licensure - Equivalency of Foreign School Education.

In accordance with Subsection 58-11a-302(17):

(1) An applicant shall submit documentation of education equivalency from a foreign school education to a Utah licensed barber school, cosmetology/barber school, hair design school, esthetics school, electrology school, or nail technology school.

(2) The documentation shall be an education or credential evaluation from one of the following approved credential evaluation services:

(a) Josef Silny & Associates Incorporated, International Education Consultants; or

(b) Educational Credential Evaluators Incorporated.

 

R156-11a-302c. Qualifications for Licensure - Acceptance of Credit Hours.

In accordance with Subsection 58-11a-302([18]21), a licensed school shall accept credit hours toward graduation [may be accepted ]as follows:

(1) The school shall[A licensed school may] accept credit hours toward the curriculum set forth in Sections R156-11a-700, R156-11a-701, R156-11a-702, R156-11a-703, R156-11a-704 , [and ]R156-11a-705 , and R156-11a-706[from a licensee under Title 58, Chapter 11a, based upon the licensee's schooling, apprenticeship, or experience].

(2) The credit hours accepted [toward graduation ]shall not exceed the number of hours required in Subsections 58-11a-302(1)(d)(i), 58-11a-302(4)(d)(i), 58-11a-302(7)(d), 58-11a-302(10)(d)(i), 58-11a-302(11)(d)(i), [and ]58-11a-302(14)(d)(i) , and 58-11a-302(17)(d)(i) for that professional license in Utah.

 

R156-11a-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

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

(2) failing to obtain accreditation as a barber, cosmetology/barber, esthetics, electrology, hair design, 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 , hair design, 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, hair design, 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 barber, 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-800 through R156-11a-804;

(8) failing to comply with the standards for curriculums applicable to barber, cosmetology/barber, esthetics, electrology, hair design, or nail technology schools as set forth in Sections R156-11a-700 through R156-11a-[706]707;

(9) using any device classified by the Food and Drug Administration as a prescriptive medical device without the appropriate level of supervision by a licensed health care practitioner acting within the licensed health care practitioner's scope of 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) failing as a supervisor to provide the appropriate level of supervision while a basic esthetician, an electrologist or a master esthetician under supervision is performing service within the scope of practice as set forth in Subsections 58-11a-102([25]31), 58-11a-102([28]34) and 58-11a-102([31]39);

(12) performing services within the scope of practice as a basic esthetician, a master esthetician or an electrologist without having the appropriate level of supervision as required by Subsection 58-11a-102([25]31), 58-11a-102([28]34) and 58-11a-102([31]39);

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

(14) 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

(15) 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-503. Administrative Penalties - Unlawful Conduct.

(1) In accordance with Subsections 58-1-501(1)(a) and (c), 58-11a-301(1) and (2), 58-11a-502(1), (2), (4), (5), (6), or (7), and 58-11a-503(4), unless otherwise ordered by the presiding officer, the following fine schedule shall apply to citations issued under Title 58, Chapter 11a[.]:

([1]a) Practicing or engaging in, or attempting to practice or engage in activity for which a license is required under Title 58, Chapter 11a in violation of Subsection 58-11a-502(1)[.]:

First Offense: $500

Second Offense: $1,000;

([2]b) Aiding or abetting a person engaging in the practice of, or attempting to engage in the practice of, knowingly employing any other person to engage in or practice or attempt to engage in or practice any occupation or profession for which a license is required under Title 58, Chapter 11a in violation of Subsection 58-11a-502(2)[.]:

First Offense: $800

Second Offense: $1,600;

([3]c)([a]i) Using a solution composed of at least 10% methyl methacrylete (MMA) on a client in violation of Subsection 58-11a-502(4):

First Offense: $500

Second Offense: $1,000;

([b]ii) Possessing a solution composed of at least 10% methyl methacrylete (MMA) in violation of Subsection 58-11a-502(4) :

First Offense: $500

Second Offense: $1,000;

(d) Performing an ablative procedure as defined in Section 58 - 67 - 102 in violation of Subsection 58-11a-502(5):

First Offense: $1,000

Second Offense: $2,000;

(e) When acting as an instructor regarding a service requiring licensure under Title 58, Chapter 11a, for a class or education program where attendees are not licensed under Title 58, Chapter 11a, violating Subsection 58-11a-502(6) by failing to inform each attendee in writing that:

(i) taking the class or program without completing the requirements for licensure under this chapter is insufficient to certify or qualify the attendee to perform a service for compensation that requires licensure under this chapter; and

(ii) the attendee is required to obtain licensure under this chapter before performing the service for compensation:

First Offense: $500

Second Offense: $1,000;

(f) Failing, as a salon or school where nail technology is practiced or taught, to maintain a source capture system as required under Title 15A, State Construction and Fire Codes Act, including failing to maintain and clean a source capture system's air filter according to the manufacturer's instructions, in violation of Subsection 58-11a-502(7):

First Offense: $500

Second Offense: $1,000.

([4]2) Citations shall not be issued for third offenses, except in extraordinary circumstances approved by the investigative supervisor. If a citation is issued for a third offense, the fine is double the second offense amount, with a maximum amount not to exceed the maximum fine allowed under Subsection 58-11a-503(4)(h).

([5]3) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

([6]4) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

([7]5) The presiding officer for a contested citation shall have the discretion, after a review of the aggravating and mitigating circumstances, to increase or decrease the fine amount imposed by an investigator based upon the evidence reviewed.

 

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(13)(c)(iv), [and ]58-11a-302(16)(c)(iv), and 58-11a-302(19)(c)(iv), the accreditation standards for a barber school, a cosmetology/barber school, an electrology school, an esthetics school, a hair design 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 bodies recognized by the U.S. Department of Education.

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

(3) A newly licensed school shall pursue accreditation under this section using the following procedure:

(a) A new school shall:

(i) within one month of the date the school was licensed as a school by the Division, submit to an accrediting commission an application for candidate status;

(ii) within 18 months of the date the school was licensed by the Division, provide the Division evidence of receiving candidate status from the accrediting commission;

(iii) file with the Utah Department of Commerce's Division of Consumer Protection a "Request for Exemption pursuant to the Postsecondary Proprietary School Act" application, pursuant to Section 13-34-105 and Section R152-34-5;

(iv) during the pendency of its application for accreditation status, comply with all applicable accreditation standards; and

(v) receive approval for accreditation within 24 months following the date it achieved candidate status.

[(i) submit an application for candidate status for accreditation to an accrediting commission within one month of the date when the school was licensed by the Division as a barber school, a cosmetology/barber school, an electrology school, an esthetics school, or a nail technology school;

(ii) provide evidence received from the accrediting commission to the Division of achieving candidate status within 12 months of the date the school was licensed;

(iii) 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;

(iv) comply with all applicable accreditation standards during the pendency of its application for accreditation status; and

(v) have 24 months following the date of achieving candidate status to be approved for accreditation.]

(b) The Division shall determine whether a newly-licensed school entity has succeeded a previously-licensed school entity for the purposes of achieving accreditation.

(c) If a newly-licensed school is determined by the Division to be a new entity, then the newly-licensed school shall comply with the accreditation deadlines [that are ]specified in Subsection R156-11a-601(3)(a) above.

(d) If a newly-licensed school is determined by the Division not to be a new entity, then the newly-licensed school shall meet the accreditation deadlines previously set by its accrediting commission.

(4) The Division's determination shall be based upon whether the newly-licensed school:

(a) operates on essentially the same premises as the previously-licensed school;

(b) uses essentially the same staff;

(c) operates under essentially the same ownership; and

(d) maintains the previously-licensed school[s]'s accreditation status with the applicable governing accreditation commission.

(5) A licensee whose accreditation has been withdrawn shall immediately notify the Division.

(6) 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 63G-4-502.

 

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(13)(c)(iii), [and] 58-11a-302(16)(c)(iii), and 58-11a-302(19)(c)(iii), the standards for the physical facilit[y]ies of a barber, cosmetology/barber, electrology, esthetics, hair design, or nail technology school[s] 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 Subsections 58-11a-302(3)(c)(iv), 58-11a-302(6)(c)(iv), 58-11a-302(9)(c)(iv), 58-11a-302(13)(c)(iv), [and ]58-11a-302(16)(c)(iv), and 58-11a-302(19)(c)(iii), barber, cosmetology/barber, electrology, esthetics, hair design, and nail technology schools shall provide to each student a list of all basic kit supplies needed by [each]that 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 Barbershop, Salon or Spa.

(1) In accordance with Subsections 58-11a-302(3)(c)(iii), 58-11a-302(6)(c)(iii), 58-11a-302(9)(c)(iv), 58-11a-302(13)(c)(iii), [and ]58-11a-302(16)(c)(iii), and 58-11a-302(19)(c)(iii), when a barbershop, [professional] salon, or spa is under the same ownership or is otherwise associated with a school, the barbershop, salon, or spa shall maintain separate operations from the school.

(2) If the barbershop, salon , or spa is located in the same building as a school, separate entrances and visitor reception areas are required. The barbershop, salon , or spa 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 (iv), 58-11a-302(13)(c)(iii) and (iv), 58-11a-302(16)(c)(iii) and (iv), and 58-11a-302(19)(c)(iii) and (iv), standards for the protection of students shall include the following:

(1) [In the event]If a school ceases to operate for any reason, the school shall:

(a) notify the Division within 15 days by registered or certified mail; and

(b) name a trustee who shall be responsible for:

(i) maintaining the student records for a minimum period of ten years; and

(ii) providing student information , such as accumulated [student ]hours and dates of attendance[during that time].

(2) Schools shall provide a copy of the written contract prepared in accordance with Section R156-11a-607 to each student.

(3) Schools shall not use students to perform maintenance, janitorial , or remodeling work such as scrubbing floor s, 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.

(4) 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.

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

(6) 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. Schools may require a student to take a refresher course or retake a class toward graduation based upon an evaluation of the student's level of competency.

(7) 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(13)(c)(iv), [and ]58-11a-302(16)(c)(iv), and 58-11a-302(17)(c)(iv), standards for the protection of barber, cosmetology/barber, electrology, esthetics, hair design, 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 number of hours to be accepted toward graduation based upon an evaluation of the student's level of training in accordance with Section R156-11a-302c.

(3) Hours obtained by a student who is enrolled in [a barber, cosmetology/barber, esthetics, master esthetics, or nail technology] an 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(9)(c)(iv), 58-11a-302(13)(c)(iv), [and ]58-11a-302(16)(c)(iv), and 58-11a-302(17)(c)(iv), barber, cosmetology/barber, electrology, esthetics, hair design and nail technology schools shall complete a written contract with each student prior to admission.

(2) Each contract shall include specifically, or by reference to the school's catalogue or handbook, or both, the following:

(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 and of any referenced catalogue or handbook, [or both, ]for each student, and shall provide a copy of the contract and any catalogue or handbook[, or both] 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(13)(c)(iv), [and]58-11a-302(16)(c)(iv), and 58-11a-302(17)(c)(iv), the staff requirements for barber, cosmetology/barber, electrology, esthetics, hair design, and nail technology schools shall include:

(1) Schools shall [be required to ]have[, as] a minimum[,] of 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 required 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)(e) and (f), 58-11a-302(5)(e) and (f), 58-11a-302(8)(e) and (f), 58-11a-302(12)(e) and (f), [and ]58-11a-302(15)(e) and (f), and 58-11a-302(18)(e) and (f), barber, cosmetology/barber, electrology, esthetics, hair design, 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([9]11), an individual licensed as a cosmetology/barbering instructor may teach:

(a) barbering, basic esthetics, and hair design as part of the cosmetology/barbering [curriculum ]or nail technology curriculums in a licensed barber school, a licensed cosmetology/barber school, a licensed hair design school, or a licensed nail technology school[or]; and

(b) barbering and basic esthetics in an approved barber, cosmetology/barber, or nail technology apprenticeship, provided the individual can demonstrate the same experience as required in Subsection(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)(b), 58-11a-102[and ](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) bichloroacetic acid;

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

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

(3) Limited chemical exfoliation for a basic esthetician does not include the mixing, 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 15% or less.

(4) Chemical exfoliation for a master esthetician includes:

(a) acids allowed for a 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 than 30%;

(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 unless under the general supervision of a licensed health care practitioner; and

(f) vitamin-[]based acids.

(5) A licensee may not apply any exfoliating acid to a client's skin that has undergone microdermabrasion or microneedling within the previous seven days , unless under the general supervision of a licensed health care practitioner.

(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]that 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 Subsections 58-11a-102([31]39)(a)(i)(G)(II) and (H), the standards for approval of mechanical or electrical apparatus [shall be]are:

(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 appropriate level of supervision by a licensed health care practitioner acting within the licensed health care practitioner's scope of practice.

(2) Dermaplane procedures, dermabrasion procedures, blades, knives, and lancets are prohibited except for:

(a) advanced pedicures;

(b) advanced extraction of impurities from the skin; and

(c) dermaplane procedures for advanced exfoliation as defined in Subsection R156-11a-102(7) by a master esthetician under direct supervision of a health care practitioner.

(3) The use of any procedure in which human tissue is cut or altered by laser energy or ionizing radiation is prohibited for all individuals licensed under this chapter unless it is within the scope of practice for the licensee and under the appropriate level of supervision by a licensed health care practitioner acting within the licensed health care practitioner's scope of practice.

(4) To be approved, a microdermabrasion machine must:

(a) be specifically labeled for cosmetic or esthetic purposes;

(b) be a 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.

(5) To be approved, a microneedling device shall:

(a) be used only by a master esthetician:

(i) without supervision if needle penetration does not exceed 1.5 mm; or

(ii) with general supervision by a licensed health care practitioner if needle penetration exceeds 1.5 mm; and

(b) be used specifically for cosmetic or esthetic purposes.

 

R156-11a-612. Standards for Disclosure.

(1) In accordance with Subsections 58-11a-102([25]31)(b) and ([31]39) (a)(i)(C), a licensee acting within the licensee's scope of practice shall inform a client of the following before applying a chemical exfoliant, using a microneedling device , or using a microdermabrasion machine:

(a) 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)(c)(iv), 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) disinfection and 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) 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(9)(c)(iv), the curriculum for an electrology school shall consist of 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) disinfection and 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) science of electrology;

(11) analysis of the skin;

(12) physiology of hair and skin;

(13) medical definitions including:

(a) dermatology;

(b) end[r]ocrinology;

(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(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) disinfection and 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) 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) [A]aroma therapy;

(20) application of makeup including:

(a) application of artificial 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, manual and mechanical;

(26) 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(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 basic esthetician program, the remaining 600 of which shall be in the following subject areas:

(1) introduction consisting of:

(a) history of esthetics and master esthetics; and

(b) an overview of the curriculum;

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

(a) aseptic techniques and sanitary procedures;

(b) disinfection and 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) 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) advanced pedicures;

(18) advanced [A]aroma therapy;

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

(20) medical devices;

(21) cardio[]pulmonary resuscitation (CPR) training;

(22) hydrotherapy;

(23) 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;

(24) elective topics;

(25) for schools teaching lymphatic massage, in accordance with Subsections 58-11a-102([31]39)(a)(ii) and 58-11a-302(11) (e)[(d)(i)(C)], 200 hours of instruction 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; and

(26) [Utah ]Master Esthetician Examination review.

 

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

In accordance with Subsection 58-11a-302([16]19)(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) disinfection and 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) 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 and other 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(6)(c)(iv), the curriculum for a cosmetology/barber school shall consist of 1,600 hours of instruction in all of the following subject areas:

(1) introduction consisting of:

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

(b) overview of the curriculum;

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

(a) aseptic techniques and sanitary procedures;

(b) disinfection and 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, including:

(a) high frequency or galvanic current; and

(b) heat lamps;

(8) first aid;

(9) anatomy;

(10) science of cosmetology/barbering, basic esthetics , and nail technology;

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

(12) physiology of the human body including skin and nails;

(13) electricity and light therapy;

(14) limited chemical exfoliation including:

(a) pre-exfoliation consultation;

(b) post-exfoliation treatments; and

(c) chemical reactions;

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

(16) temporary removal of superfluous hair including by waxing;

(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) 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) basic esthetics including:

(a) treatment of the skin, manual and mechanical;

(b) packs and masks;

(c) aroma therapy;

(d) chemistry of cosmetics;

(e) application of makeup including:

(i) application of artificial eyelashes;

(ii) arching of the eyebrows;

(iii) tinting of the eyelashes and eyebrows;

(f) massage of the face and neck; and

(g) natural manicures and pedicures;

(23) medical devices;

(24) cardio[]pulmonary resuscitation (CPR);

(25) artificial nail techniques consisting of:

(a) wraps;

(b) nail tips;

(c) gel nails;

(d) sculptured and other acrylic nails; and

(e) nail art;

(26) pedicures and massaging of the lower leg and foot;

(27) elective topics; and

(28) [Utah ]Cosmetology/Barber Examination review.

 

R156-11a-706. Curriculum for Hair Design Schools.

In accordance with Subsection 58-11a-302(16)(c)(iv), the curriculum for a hair design school shall consist of 1,200 hours of instruction in the following subject areas:

(1) introduction, consisting of:

(a) history of hair design; and

(b) overview of the curriculum;

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

(a) aseptic techniques and sanitary procedures;

(b) disinfection and sterilization methods and procedures;

(c) health risks to the hair designer;

(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 hair and scalp, including:

(a) bacteriology;

(b) sanitation;

(c) sterilization;

(d) decontamination; and

(e) infection control;

(7) implements, tools, and equipment for hair design, including:

(a) high frequency current; and

(b) heat lamps;

(8) first aid;

(9) anatomy;

(10) science of hair design;

(11) analysis of the hair and scalp;

(12) physiology of the human body;

(13) electricity and light therapy;

(14) chemical reactions;

(15) chemistry for hair design;

(16) properties of the hair and scalp;

(17) basic hairstyling including:

(a) wet and thermal styling;

(b) permanent waving;

(c) hair coloring;

(d) chemical hair relaxing; and

(e) thermal hair straightening;

(18) haircuts, including:

(a) draping;

(b) clipper variations;

(c) scissor cutting;

(d) shaving; and

(e) wigs and artificial hair;

(19) razor cutting;

(20) mustache and beard design;

(21) cardio - pulmonary resuscitation(CPR);

(22) elective topics; and

(23) Hair Designer Examination review.

 

R156-11a-[706]707. Curriculum for Instructor Schools.

In accordance with Subsections 58-11a-302(2)(e)(i), 58-11a-302(5)(e)(i), 58-11a-302(8)(e)(i), 58-11a-302(12)(e)(i), [and ]58-11a-302(15)(e)(i), and 58-11a-302(18)(e)(i), the curriculum for an approved instructor school shall consist of instructor training in the following subjects:

(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 ]Barber, Cosmetology/Barber, Esthetics (Master level), Electrology, Hair Designer, 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) The apprentice shall register with the Division by submitting a form prescribed by the Division.

(3) The instructor must be approved by the Division for the apprenticeship.

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

(5) 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.

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

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

(8) The instructor shall provide training and technical instruction of 1,250 hours using the curriculum defined in Section R156-11a-700.

(9) 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.

(10) An apprentice shall 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.

(11) Any hours obtained while enrolled in a barber school or a cosmetology/barber school shall not be used to satisfy the required 1,250 hours of apprentice training.

(12) An instructor may not begin a new apprenticeship until:

(a) the current apprentice passes the National Interstate Council of State Boards of Cosmetology (NIC) Barber Theory and Practical Examinations and becomes licensed as a barber; or

(b) the Division receives a Notice of Disassociation Form by the apprentice or instructor.

(13) If an apprentice completes the apprenticeship and fails [the National Interstate Council of State Boards of Cosmetology (]NIC[)] Barber Theory Examination or NIC Barber[and] Practical Examination[s] three times, the apprentice and instructor must:

(a) [the apprentice and instructor must ]meet with the Board at the next appropriate Board meeting;

(b) explain to the Board why the apprentice is not able to pass the examination; and

(c) provide to the Board a plan of study in the appropriate subject matter to assist the apprentice in passing the examination.

 

R156-11a-801. Approved Cosmetologist/Barber Apprenticeship Requirements.

In accordance with Subsection 58-11a-102(1), the requirements for an approved cosmetolog[y]ist/barber apprenticeship include:

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

(2) The apprentice shall be registered with the Division by submitting a form prescribed by the Division.

(3) The instructor must be approved by the Division for the apprenticeship.

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

(5) 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.

(6) A complete set of cosmetology/barber texts shall be available to the apprentice.

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

(8) The instructor shall provide training and technical instruction of 2,500 hours using the curriculum defined in Section R156-11a-705.

(9) 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.

(10) An apprentice shall 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-705.

(11) Hours obtained while enrolled in a cosmetology/barber school shall not be used to satisfy the required 2,500 hours of apprentice training.

(12) An instructor may not begin a new apprenticeship until:

(a) the current apprentice passes the National Interstate Council of State Boards of Cosmetology (NIC) Cosmetology/Barber Theory and Practical Examinations and becomes licensed as a cosmetologist/barber; or

(b) the Division receives a Notice of Disassociation Form by the apprentice or instructor.

(13) If an apprentice completes the apprenticeship and fails the [National Interstate Council of State Boards of Cosmetology (]NIC[)] Barber/Cosmetology[/Barber] Theory Examination or NIC Barber/Cosmetology [and] Practical Examination[s] three times , the apprentice and instructor must:

(a) [the apprentice and instructor must ]meet with the Board at the next appropriate Board meeting;

(b) explain to the Board why the apprentice is not able to pass the examination; and

(c) provide to the Board a plan of study in the appropriate subject matter to assist the apprentice in passing the examination.

 

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) The apprentice shall be registered with the Division by submitting a form prescribed by the Division.

(3) The instructor must be approved by the Division for the apprenticeship.

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

(5) 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.

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

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

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

(9) 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.

(10) An apprentice shall 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.

(11) Hours obtained while enrolled in an esthetics school or a cosmetology/barber school shall not be used to satisfy the required 800 hours of apprentice training.

(12) An instructor may not begin a new apprenticeship until:

(a) the current apprentice passes the National Interstate Council of State Boards of Cosmetology (NIC) Esthetics Theory and Practical Examinations and becomes licensed as an esthetician; or

(b) the Division receives a Notice of Disassociation Form by the apprentice or instructor.

(13) If an apprentice completes the apprenticeship and fails the [National Interstate Council of State Boards of Cosmetology (]NIC[)] Esthetics Theory Examination or NIC Esthetics[and] Practical Examination[s] three times , the apprentice and instructor must:

(a) [the apprentice and instructor must ]meet with the Board at the next appropriate Board meeting;

(b) explain to the Board why the apprentice is not able to pass the examination; and

(c) provide to the Board a plan of study in the appropriate subject matter to assist the apprentice in passing the examination.

 

R156-11a-803. Approved Master Esthetician Apprenticeship Requirements.

In accordance with Subsection 58-11a-102(3), the requirements for an approved master esthetician apprenticeship include:

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

(2) The apprentice shall be registered with the Division by submitting a form prescribed by the Division.

(3) The instructor must be approved by the Division for the apprenticeship.

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

(5) 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.

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

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

(8) The instructor shall provide training and technical instruction of 1,500 hours using the curriculum defined in Section R156-11a-703.

(9) 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.

(10) An apprentice shall not perform work on the public until the apprentice has received at least 10% of the required hours of technical training, with at least a portion of that time devoted to each of the subjects specified in Subsection R156-11a-703.

(11) Hours obtained while enrolled in an esthetics school or a cosmetology/barber school shall not be used to satisfy the required 1,500 hours of apprentice training.

(12) An instructor may not begin a new apprenticeship until:

(a) the current apprentice passes the National Interstate Council of State Boards of Cosmetology (NIC) Master Esthetics Theory and Practical Examinations and becomes licensed as a master esthetician; or

(b) the Division receives a Notice of Disassociation Form by the apprentice or instructor.

(13) If an apprentice completes the apprenticeship and fails the [National Interstate Council of State Boards of Cosmetology (]NIC[)] Master Esthetics Theory Examination or NIC Master Esthetics[and] Practical Examination[s] three times, the apprentice and instructor must:

(a) [the apprentice and instructor must ]meet with the Board at the next appropriate Board meeting;

(b) explain to the Board why the apprentice is not able to pass the examination; and

(c) provide to the Board a plan of study in the appropriate subject matter to assist the apprentice in passing the examination.

 

R156-11a-804. Approved Nail Technician Apprenticeship Requirements.

In accordance with Subsection 58-11a-102(4), the requirements for an approved nail technician apprenticeship include:

(1) The instructor shall have no more than two apprentices at a time.

(2) The apprentice shall be registered with the Division by submitting a form prescribed by the Division.

(3) The instructor must be approved by the Division for the apprenticeship.

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

(5) 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.

(6) A complete set of nail technician texts shall be available to the apprentice.

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

(8) The instructor shall provide training and technical instruction of 375 hours using the curriculum defined in Section R156-11a-704.

(9) 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.

(10) An apprentice shall 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 Subsection R156-11a-704.

(11) Hours obtained while enrolled in a nail technology school or a cosmetology/barber school shall not be used to satisfy the required 375 hours of apprentice training.

(12) An instructor may not begin a new apprenticeship until:

(a) the current apprentice passes the National -[ ]Interstate Council of State Boards of Cosmetology (NIC) Nail Technology Theory and Practical Examinations and becomes licensed as a nail technician; or

(b) the Division receives a Notice of Disassociation Form by the apprentice or instructor.

(13) If an apprentice completes the apprenticeship and fails the [National Interstate Council of State Boards of Cosmetology (]NIC[)] Nail Technology Theory Examination or NIC Nail Technology[and] Practical Examination[s] three times, the apprentice and instructor must:

(a) [the apprentice and instructor must ]meet with the Board at the next appropriate Board meeting;

(b) explain to the Board why the apprentice is not able to pass the examination; and

(c) provide to the Board a plan of study in the appropriate subject matter to assist the apprentice in passing the examination.

 

R156-11a-902. Standards for an On-the-Job Instructor Training.

(1) In accordance with Subsections 58-11a-302(2)(e)(ii), 58-11a-302(5)(e)(ii), 58-11a-302(8)(e)(ii), 58-11a-302(12)(e)(ii), [and ]58-11a-302(15)(e)(ii), and 58-11a-302(18)(e)(ii), an employee of a licensed barber, cosmetology/barber, electrology, esthetics, hair design or nail technology school may obtain on-the-job training to become a licensed instructor if they meet the following requirements of this section.

(2) The on-the-job instructor training shall be under the supervision of an instructor licensed as an instructor in the same category as the trainee, except that an instructor providing on-the-job instructor training supervision for basic esthetics instruction shall be licensed as a master esthetician.

(3) The instructor trainee shall have an active license in the same category for which the instructor trainee is seeking licensure to instruct, except an instructor trainee receiving on-the-job training to instruct basic esthetics shall be licensed as a master esthetician.

(4) The on-the-job instructor training shall include all of the following categories:

(a) motivation and the learning process;

(b) teacher preparation;

(c) teaching methods;

(d) classroom management;

(e) testing;

(f) instructional evaluation;

(g) laws, rules, and regulations; and

(h) [Utah ]Barber, Cosmetology/Barber, Esthetics (Master level), Electrology, Hair Design and Nail Technology Instructors Examination review.

(5) The instructor trainee shall not count toward the instructor-to-student ratio.

(6) The on-the-job instructor training shall be completed within one year, unless the instructor trainee provides documentation of extenuating circumstances justifying an extension.

 

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

Date of Enactment or Last Substantive Amendment: [ March 27, ]2017

Notice of Continuation: January 19, 2017

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

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