Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 287 (2017GS)

Sponsor

Rep. Dunnigan, J.

Final action

Governor Signed 3/24/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• modifies the name of the act and the related licensing board and education and enforcement fund;
• creates a license issued by the Division of Occupational and Professional Licensing for a hair designer, a hair designer instructor, and a hair design school;
• describes the requirements for obtaining a license as a hair designer, a hair designer instructor, and a hair design school;
• modifies the requirements for licensed instructors under the act; and
• makes technical changes.

Every vote on this bill

Bill text

COSMETOLOGY LICENSING ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill modifies the Barber, Cosmetologist/Barber, Esthetician, Electrologist, and
Nail Technician Licensing Act (the act). 
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies the name of the act and the related licensing board and education and
enforcement fund;
▸ creates a license issued by the Division of Occupational and Professional Licensing
for a hair designer, a hair designer instructor, and a hair design school;
▸ describes the requirements for obtaining a license as a hair designer, a hair designer
instructor, and a hair design school;
▸ modifies the requirements for licensed instructors under the act; and
▸ makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-11a-101
, as last amended by Laws of Utah 2007, Chapter 209
58-11a-102
, as last amended by Laws of Utah 2016, Chapters 75 and 274
58-11a-103
, as last amended by Laws of Utah 2013, Chapter 400
58-11a-201
, as last amended by Laws of Utah 2007, Chapter 209
58-11a-301
, as last amended by Laws of Utah 2016, Chapter 274
58-11a-302
, as last amended by Laws of Utah 2016, Chapter 274
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-11a-101
 is amended to read:
CHAPTER 11a. COSMETOLOGY AND ASSOCIATED 
PROFESSIONS LICENSING ACT
58-11a-101.
Title.
This chapter is known as the [
"Barber, Cosmetologist/Barber, Esthetician, Electrologist,
and Nail Technician
] 
"Cosmetology and Associated Professions
 Licensing Act."
Section 2. Section 
58-11a-102
 is amended to read:
58-11a-102.
Definitions.
As used in this chapter:
(1) "Approved barber or cosmetologist/barber apprenticeship" means an apprenticeship
that meets the requirements of Subsection 
58-11a-306
(1) for barbers or Subsection
58-11a-306
(2) for cosmetologist/barbers and the requirements established by rule by the
division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(2) "Approved esthetician apprenticeship" means an apprenticeship that meets the
requirements of Subsection 
58-11a-306
(3) and the requirements established by rule by the
division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(3) "Approved master esthetician apprenticeship" means an apprenticeship that meets
the requirements of Subsection 
58-11a-306
(4) and the requirements established by rule by the
division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(4) "Approved nail technician apprenticeship" means an apprenticeship that meets the
requirements of Subsection 
58-11a-306
(5) and the requirements established by rule by the
division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(5) "Barber" means a person who is licensed under this chapter to engage in the
practice of barbering.
(6) "Barber instructor" means a barber who is licensed under this chapter to engage in
the practice of barbering instruction.
(7) "Board" means the [
Barber, Cosmetology/Barbering, Esthetics, Electrology, and
 Nail Technology
] 
Cosmetology and Associated Professions
 Licensing Board created in Section
58-11a-201
.
(8) "Cosmetic laser procedure" includes a nonablative procedure as defined in Section
58-67-102
.
(9) "Cosmetic supervisor" means a supervisor as defined in Section 
58-1-505
.
(10) "Cosmetologist/barber" means a person who is licensed under this chapter to
engage in the practice of cosmetology/barbering.
(11) "Cosmetologist/barber instructor" means a cosmetologist/barber who is licensed
under this chapter to engage in the practice of cosmetology/barbering instruction.
(12) "Direct supervision" means that the supervisor of an apprentice or the instructor of
a student is immediately available for consultation, advice, instruction, and evaluation.
(13) "Electrologist" means a person who is licensed under this chapter to engage in the
practice of electrology.
(14) "Electrologist instructor" means an electrologist who is licensed under this chapter
to engage in the practice of electrology instruction.
(15) "Esthetician" means a person who is licensed under this chapter to engage in the
practice of esthetics.
(16) "Esthetician instructor" means a master esthetician who is licensed under this
chapter to engage in the practice of esthetics instruction.
(17) "Fund" means the [
Barber, Cosmetologist/Barber, Esthetician, Electrologist, and
Nail Technician
] 
Cosmetology and Associated Professions
 Education and Enforcement Fund
created in Section 
58-11a-103
.
(18) (a) "Hair braiding" means the twisting, weaving, or interweaving of a person's
natural human hair.
(b) "Hair braiding" includes the following methods or styles:
(i) African-style braiding;
(ii) box braids;
(iii) cornrows;
(iv) dreadlocks;
(v) french braids;
(vi) invisible braids;
(vii) micro braids;
(viii) single braids;
(ix) single plaits;
(x) twists;
(xi) visible braids;
(xii) the use of lock braids; and
(xiii) the use of decorative beads, accessories, and nonhair extensions.
(c) "Hair braiding" does not include:
(i) the use of:
(A) wefts;
(B) synthetic tape;
(C) synthetic glue;
(D) keratin bonds;
(E) fusion bonds; or
(F) heat tools;
(ii) the cutting of human hair; or
(iii) the application of heat, dye, a reactive chemical, or other preparation to:
(A) alter the color of the hair; or
(B) straighten, curl, or alter the structure of the hair.
(19) "Hair designer" means a person who is licensed under this chapter to engage in the
practice of hair design.
(20) "Hair designer instructor" means a hair designer who is licensed under this chapter
to engage in the practice of hair design instruction.
[
(19)
] 
(21)
 "Licensed barber or cosmetology/barber school" means a barber or
cosmetology/barber school licensed under this chapter.
[
(20)
] 
(22)
 "Licensed electrology school" means an electrology school licensed under
this chapter.
[
(21)
] 
(23)
 "Licensed esthetics school" means an esthetics school licensed under this
chapter.
(24) "Licensed hair design school" means a hair design school licensed under this
chapter.
[
(22)
] 
(25)
 "Licensed nail technology school" means a nail technology school licensed
under this chapter.
[
(23)
] 
(26)
 "Master esthetician" means an individual who is licensed under this chapter
to engage in the practice of master-level esthetics.
[
(24)
] 
(27)
 "Nail technician" means an individual who is licensed under this chapter to
engage in the practice of nail technology.
[
(25)
] 
(28)
 "Nail technician instructor" means a nail technician licensed under this
chapter to engage in the practice of nail technology instruction.
[
(26)
] 
(29)
 "Practice of barbering" means:
(a) cutting, clipping, or trimming the hair of the head of any person by the use of
scissors, shears, clippers, or other appliances;
(b) draping, shampooing, scalp treatments, basic wet styling, and blow drying; and
(c) removing hair from the face or neck of a person by the use of shaving equipment.
[
(27)
] 
(30)
 "Practice of barbering instruction" means teaching the practice of barbering
at a licensed barber school, at a licensed cosmetology/barber school, or for an approved barber
apprenticeship.
[
(28)
] 
(31)
 "Practice of basic esthetics" means any one of the following skin care
procedures done on the body for cosmetic purposes and not for the treatment of medical,
physical, or mental ailments:
(a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or
masks, manual extraction, including a [
comodone
] 
comedone
 extractor, depilatories, waxes,
tweezing, the application of eyelash or eyebrow extensions, natural nail manicures or
pedicures, or callous removal by buffing or filing;
(b) limited chemical exfoliation as defined by rule;
(c) removing superfluous hair by means other than electrolysis, except that an
individual is not required to be licensed as an esthetician to engage in the practice of threading;
(d) other esthetic preparations or procedures with the use of the hands, a
high-frequency or galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not
for the treatment of medical, physical, or mental ailments;
(e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, or applying
eyelash or eyebrow extensions; or
(f) except as provided in Subsection [
(28)
] 
(31)
(f)(i), cosmetic laser procedures under
the direct cosmetic medical procedure supervision of a cosmetic supervisor limited to the
following:
(i) superfluous hair removal which shall be under indirect supervision;
(ii) anti-aging resurfacing enhancements;
(iii) photo rejuvenation; or
(iv) tattoo removal.
[
(29)
] 
(32)
 (a) "Practice of cosmetology/barbering" means:
(i) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
person;
(ii) cutting, clipping, or trimming the hair by the use of scissors, shears, clippers, or
other appliances;
(iii) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, applying
eyelash or eyebrow extensions;
(iv) removing hair from the body of a person by the use of depilatories, waxing, or
shaving equipment;
(v) cutting, curling, styling, fitting, measuring, or forming caps for wigs or hairpieces
or both on the human head; or
(vi) practicing hair weaving or hair fusing or servicing previously medically implanted
hair.
(b) The term "practice of cosmetology/barbering" includes:
(i) the practice of basic esthetics; and
(ii) the practice of nail technology.
(c) An individual is not required to be licensed as a cosmetologist/barber to engage in
the practice of threading.
[
(30)
] 
(33)
 "Practice of cosmetology/barbering instruction" means teaching the practice
of cosmetology/barbering:
(a) at a licensed cosmetology/barber school, a licensed barber school, or a licensed nail
technology school; or
(b) for an approved cosmetologist/barber apprenticeship.
[
(31)
] 
(34)
 "Practice of electrology" means:
(a) the removal of superfluous hair from the body of a person by the use of electricity,
waxing, shaving, or tweezing; or
(b) cosmetic laser procedures under the supervision of a cosmetic supervisor limited to
superfluous hair removal.
[
(32)
] 
(35)
 "Practice of electrology instruction" means teaching the practice of
electrology at a licensed electrology school.
[
(33)
] 
(36)
 "Practice of esthetics instruction" means teaching the practice of basic
esthetics or the practice of master-level esthetics:
(a) at a licensed esthetics school or a licensed cosmetology/barber school; or
(b) for an approved esthetician apprenticeship or an approved master esthetician
apprenticeship.
(37) "Practice of hair design" means:
(a) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
person;
(b) barbering, cutting, clipping, shaving, or trimming the hair by the use of scissors,
shears, clippers, or other appliances;
(c) cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or
both on the human head; or
(d) practicing hair weaving, hair fusing, or servicing previously medically implanted
hair.
(38) "Practice of hair design instruction" means teaching the practice of hair design at a
licensed cosmetology/barber school, a licensed hair design school, or a licensed barber school.
[
(34)
] 
(39)
 (a) "Practice of master-level esthetics" means:
(i) any of the following when done for cosmetic purposes on the body and not for the
treatment of medical, physical, or mental ailments:
(A) body wraps as defined by rule;
(B) hydrotherapy as defined by rule;
(C) chemical exfoliation as defined by rule;
(D) advanced pedicures as defined by rule;
(E) sanding, including microdermabrasion;
(F) advanced extraction;
(G) other esthetic preparations or procedures with the use of:
(I) the hands; or
(II) a mechanical or electrical apparatus which is approved for use by division rule for
beautifying or similar work performed on the body for cosmetic purposes and not for the
treatment of a medical, physical, or mental ailment; or
(H) cosmetic laser procedures under the supervision of a cosmetic supervisor with a
physician's evaluation before the procedure, as needed, unless specifically required under
Section 
58-1-506
, and limited to the following:
(I) superfluous hair removal;
(II) anti-aging resurfacing enhancements;
(III) photo rejuvenation; or
(IV) tattoo removal with a physician's, advanced practice nurse's, or physician
assistant's evaluation before the tattoo removal procedure, as required by Subsection
58-1-506
(3)(a); and
(ii) lymphatic massage by manual or other means as defined by rule.
(b) Notwithstanding the provisions of Subsection [
(34)
] 
(39)
(a), a master-level
esthetician may perform procedures listed in Subsection [
(34)
] 
(39)
(a)(i)(H) if done under the
supervision of a cosmetic supervisor acting within the scope of the cosmetic supervisor license.
(c) The term "practice of master-level esthetics" includes the practice of esthetics, but
an individual is not required to be licensed as an esthetician or master-level esthetician to
engage in the practice of threading.
[
(35)
] 
(40)
 "Practice of nail technology" means to trim, cut, clean, manicure, shape,
massage, or enhance the appearance of the hands, feet, and nails of an individual by the use of
hands, mechanical, or electrical preparation, antiseptic, lotions, or creams, including the
application and removal of sculptured or artificial nails.
[
(36)
] 
(41)
 "Practice of nail technology instruction" means teaching the practice of nail
technology at a licensed nail technician school, at a licensed cosmetology/barber school, or for
an approved nail technician apprenticeship.
[
(37)
] 
(42)
 "Recognized barber school" means a barber school located in a state other
than Utah, whose students, upon graduation, are recognized as having completed the
educational requirements for licensure in that state.
[
(38)
] 
(43)
 "Recognized cosmetology/barber school" means a cosmetology/barber
school located in a state other than Utah, whose students, upon graduation, are recognized as
having completed the educational requirements for licensure in that state.
[
(39)
] 
(44)
 "Recognized electrology school" means an electrology school located in a
state other than Utah, whose students, upon graduation, are recognized as having completed the
educational requirements for licensure in that state.
[
(40)
] 
(45)
 "Recognized esthetics school" means an esthetics school located in a state
other than Utah, whose students, upon graduation, are recognized as having completed the
educational requirements for licensure in that state.
(46) "Recognized hair design school" means a hair design school located in a state
other than Utah, whose students, upon graduation, are recognized as having completed the
educational requirements for licensure in that state.
[
(41)
] 
(47)
 "Recognized nail technology school" means a nail technology school
located in a state other than Utah, whose students, upon graduation, are recognized as having
completed the educational requirements for licensure in that state.
[
(42)
] 
(48)
 "Salon" means a place, shop, or establishment in which
cosmetology/barbering, esthetics, electrology, or nail technology is practiced.
[
(43)
] 
(49)
 "Unlawful conduct" is as defined in Sections 
58-1-501
 and 
58-11a-502
.
[
(44)
] 
(50)
 "Unprofessional conduct" is as defined in Sections 
58-1-501
 and
58-11a-501
 and as may be further defined by rule by the division in collaboration with the
board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 3. Section 
58-11a-103
 is amended to read:
58-11a-103.
Education and enforcement fund.
(1) There is created an expendable special revenue fund known as the [
"Barber,
Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician
] 
"Cosmetology and
Associated Professions
 Education and Enforcement Fund."
(2) The fund consists of money from administrative penalties collected pursuant to this
chapter.
(3) The fund shall earn interest and all interest earned on fund money shall be
deposited into the fund.
(4) The director may, with concurrence of the board, make distributions from the fund
for the following purposes:
(a) education and training of licensees under this chapter;
(b) education and training of the public or other interested persons in matters
concerning the laws governing the practices licensed under this chapter; and
(c) enforcement of this chapter by:
(i) investigating unprofessional or unlawful conduct; and
(ii) providing legal representation to the division when the division takes legal action
against a person engaging in unprofessional or unlawful conduct.
(5) The division shall report annually to the appropriate appropriations subcommittee
of the Legislature concerning the fund.
Section 4. Section 
58-11a-201
 is amended to read:
58-11a-201.
Board.
(1) There is created the [
Barbering, Cosmetology/Barbering, Esthetics, Electrology,
 and Nail Technology
] 
Cosmetology and Associated Professions
 Licensing Board consisting of
the following
 nine members [
as follows
]:
(a) one barber or cosmetologist/barber ;
(b) (i) one barber or cosmetologist/barber instructor; or
(ii) one representative of a licensed barber or cosmetology/barber school;
(c) one master esthetician;
(d) (i) one esthetician instructor; or
(ii) one representative of a licensed esthetics school;
(e) one nail technician;
(f) (i) one nail technician instructor; or
(ii) one representative of a licensed nail technician school;
(g) one electrologist; and
(h) two members from the general public.
(2) (a) The board shall be appointed and serve in accordance with Section 
58-1-201
.
(b) (i) At least one of the members of the board appointed under Subsections (1)(b),
(d), and (f) shall be an instructor at or a representative of a public school.
(ii) At least one of the members of the board appointed under Subsections (1)(b), (d),
and (f) shall be an instructor at or a representative of a private school.
(3) The duties and responsibilities of the board are in accordance with Sections
58-1-202
 and 
58-1-203
. In addition, the board shall designate one of its members on a
permanent or rotating basis to:
(a) assist the division in reviewing complaints concerning the unlawful or
unprofessional conduct of a licensee; and
(b) advise the division in its investigation of these complaints.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised
in its investigation may be disqualified from participating with the board when the board serves
as a presiding officer in an adjudicative proceeding concerning the complaint.
Section 5. Section 
58-11a-301
 is amended to read:
58-11a-301.
Licensure required -- License classifications.
(1) Except as specifically provided in Section 
58-1-307
 or 
58-11a-304
, a license is
required to:
(a) engage in the practice of:
(i) barbering;
(ii) barbering instruction;
(iii) cosmetology/barbering;
(iv) cosmetology/barbering instruction;
(v) electrology;
(vi) electrology instruction;
(vii) esthetics;
(viii) master-level esthetics;
(ix) esthetics instruction;
(x) hair design;
(xi) hair design instruction;
[
(x)
] 
(xii)
 nail technology; or
[
(xi)
] 
(xiii)
 nail technology instruction; or
(b) operate:
(i) a barbering school;
(ii) a cosmetology/barbering school;
(iii) an electrology school;
(iv) an esthetics school; [
or
]
(v) a hair design school; or
[
(v)
] 
(vi)
 a nail technology school.
(2) The division shall issue to a person who qualifies under this chapter a license in the
following classifications:
(a) barber;
(b) barber instructor;
(c) barber school;
(d) cosmetologist/barber;
(e) cosmetologist/barber instructor;
(f) cosmetology/barber school;
(g) electrologist;
(h) electrologist instructor;
(i) electrology school;
(j) esthetician;
(k) master esthetician;
(l) esthetician instructor;
(m) esthetics school;
(n) hair designer;
(o) hair designer instructor;
(p) hair design school;
[
(n)
] 
(q)
 nail technology;
[
(o)
] 
(r)
 nail technology instructor; and
[
(p)
] 
(s)
 nail technology school.
(3) A person who participates as an apprentice in an approved apprenticeship under
this chapter shall register with the division as described in Section 
58-11a-306
.
Section 6. Section 
58-11a-302
 is amended to read:
58-11a-302.
Qualifications for licensure.
(1) Each applicant for licensure as a barber shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) provide satisfactory documentation of:
(i) graduation from a licensed or recognized barber school, or a licensed or recognized
cosmetology/barber school, whose curriculum consists of a minimum of 1,000 hours of
instruction, or the equivalent number of credit hours, over a period of not less than 25 weeks;
(ii) (A) graduation from a recognized barber school located in a state other than Utah
whose curriculum consists of less than 1,000 hours of instruction or the equivalent number of
credit hours; and
(B) practice as a licensed barber in a state other than Utah for not less than the number
of hours required to equal 1,000 total hours when added to the hours of instruction described in
Subsection (1)(d)(ii)(A); or
(iii) completion of an approved barber apprenticeship; and
(e) meet the examination requirement established by rule.
(2) Each applicant for licensure as a barber instructor shall:
(a) submit an application in a form prescribed by the division;
(b) 
subject to Subsection (24),
 pay a fee determined by the department under Section
63J-1-504
;
(c) provide satisfactory documentation that the applicant is currently licensed as a
barber;
(d) be of good moral character;
(e) provide satisfactory documentation of completion of:
(i) an instructor training program conducted by a licensed or recognized school, as
defined by rule, consisting of a minimum of 250 hours or the equivalent number of credit
hours;
(ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
recognized school, as defined by rule, consisting of a minimum of 250 hours or the equivalent
number of credit hours; or
(iii) a minimum of 2,000 hours of experience as a barber; and
(f) meet the examination requirement established by rule.
(3) Each applicant for licensure as a barber school shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
; and
(c) provide satisfactory documentation:
(i) of appropriate registration with the Division of Corporations and Commercial Code;
(ii) of business licensure from the city, town, or county in which the school is located;
(iii) that the applicant's physical facilities comply with the requirements established by
rule; and
(iv) that the applicant meets:
(A) the standards for barber schools, including staff and accreditation requirements,
established by rule; and
(B) the requirements for recognition as an institution of postsecondary study as
described in Subsection [
(19)
] 
(22)
.
(4) Each applicant for licensure as a cosmetologist/barber shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) provide satisfactory documentation of:
(i) graduation from a licensed or recognized cosmetology/barber school whose
curriculum consists of a minimum of 1,600 hours of instruction, or the equivalent number of
credit hours, with full flexibility within those hours;
(ii) (A) graduation from a recognized cosmetology/barber school located in a state
other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
equivalent number of credit hours, with full flexibility within those hours; and
(B) practice as a licensed cosmetologist/barber in a state other than Utah for not less
than the number of hours required to equal 1,600 total hours when added to the hours of
instruction described in Subsection (4)(d)(ii)(A); or
(iii) completion of an approved cosmetology/barber apprenticeship; and
(e) meet the examination requirement established by rule.
(5) Each applicant for licensure as a cosmetologist/barber instructor shall:
(a) submit an application in a form prescribed by the division;
(b) 
subject to Subsection (24),
 pay a fee determined by the department under Section
63J-1-504
;
(c) provide satisfactory documentation that the applicant is currently licensed as a
cosmetologist/barber;
(d) be of good moral character;
(e) provide satisfactory documentation of completion of:
(i) an instructor training program conducted by a licensed or recognized school, as
defined by rule, consisting of a minimum of 400 hours or the equivalent number of credit
hours;
(ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
recognized school, as defined by rule, consisting of a minimum of 400 hours or the equivalent
number of credit hours; or
(iii) a minimum of 3,000 hours of experience as a cosmetologist/barber; and
(f) meet the examination requirement established by rule.
(6) Each applicant for licensure as a cosmetologist/barber school shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
; and
(c) provide satisfactory documentation:
(i) of appropriate registration with the Division of Corporations and Commercial Code;
(ii) of business licensure from the city, town, or county in which the school is located;
(iii) that the applicant's physical facilities comply with the requirements established by
rule; and
(iv) that the applicant meets:
(A) the standards for cosmetology schools, including staff and accreditation
requirements, established by rule; and
(B) the requirements for recognition as an institution of postsecondary study as
described in Subsection [
(19)
] 
(22)
.
(7) Each applicant for licensure as an electrologist shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) provide satisfactory documentation of having graduated from a licensed or
recognized electrology school after completing a curriculum of 600 hours of instruction or the
equivalent number of credit hours; and
(e) meet the examination requirement established by rule.
(8) Each applicant for licensure as an electrologist instructor shall:
(a) submit an application in a form prescribed by the division;
(b) 
subject to Subsection (24),
 pay a fee determined by the department under Section
63J-1-504
;
(c) provide satisfactory documentation that the applicant is currently licensed as an
electrologist;
(d) be of good moral character;
(e) provide satisfactory documentation of completion of:
(i) an instructor training program conducted by a licensed or recognized school, as
defined by rule, consisting of a minimum of 150 hours or the equivalent number of credit
hours;
(ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
recognized school, as defined by rule, consisting of a minimum of 150 hours or the equivalent
number of credit hours; or
(iii) a minimum of 1,000 hours of experience as an electrologist; and
(f) meet the examination requirement established by rule.
(9) Each applicant for licensure as an electrologist school shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
; and
(c) provide satisfactory documentation:
(i) of appropriate registration with the Division of Corporations and Commercial Code;
(ii) of business licensure from the city, town, or county in which the school is located;
(iii) that the applicant's facilities comply with the requirements established by rule; and
(iv) that the applicant meets:
(A) the standards for electrologist schools, including staff, curriculum, and
accreditation requirements, established by rule; and
(B) the requirements for recognition as an institution of postsecondary study as
described in Subsection [
(19)
] 
(22)
.
(10) Each applicant for licensure as an esthetician shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) provide satisfactory documentation of one of the following:
(i) graduation from a licensed or recognized esthetic school or a licensed or recognized
cosmetology/barber school whose curriculum consists of not less than 15 weeks of esthetic
instruction with a minimum of 600 hours or the equivalent number of credit hours;
(ii) completion of an approved esthetician apprenticeship; or
(iii) (A) graduation from a recognized cosmetology/barber school located in a state
other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
equivalent number of credit hours, with full flexibility within those hours; and
(B) practice as a licensed cosmetologist/barber for not less than the number of hours
required to equal 1,600 total hours when added to the hours of instruction described in
Subsection (10)(d)(iii)(A); and
(e) meet the examination requirement established by division rule.
(11) Each applicant for licensure as a master esthetician shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) provide satisfactory documentation of:
(i) completion of at least 1,200 hours of training, or the equivalent number of credit
hours, at a licensed or recognized esthetics school, except that up to 600 hours toward the
1,200 hours may have been completed:
(A) at a licensed or recognized cosmetology/barbering school, if the applicant
graduated from the school and its curriculum consisted of at least 1,600 hours of instruction, or
the equivalent number of credit hours, with full flexibility within those hours; or
(B) at a licensed or recognized cosmetology/barber school located in a state other than
Utah, if the applicant graduated from the school and its curriculum contained full flexibility
within its hours of instruction; or
(ii) completion of an approved master esthetician apprenticeship;
(e) if the applicant will practice lymphatic massage, provide satisfactory documentation
to show completion of 200 hours of training, or the equivalent number of credit hours, in
lymphatic massage as defined by division rule; and
(f) meet the examination requirement established by division rule.
(12) Each applicant for licensure as an esthetician instructor shall:
(a) submit an application in a form prescribed by the division;
(b) 
subject to Subsection (24),
 pay a fee determined by the department under Section
63J-1-504
;
(c) provide satisfactory documentation that the applicant is currently licensed as a
master esthetician;
(d) be of good moral character;
(e) provide satisfactory documentation of completion of:
(i) an instructor training program conducted by a licensed or recognized school, as
defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
hours;
(ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
number of credit hours; or
(iii) a minimum of 1,000 hours of experience in esthetics; and
(f) meet the examination requirement established by rule.
(13) Each applicant for licensure as an esthetics school shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
; and
(c) provide satisfactory documentation:
(i) of appropriate registration with the Division of Corporations and Commercial Code;
(ii) of business licensure from the city, town, or county in which the school is located;
(iii) that the applicant's physical facilities comply with the requirements established by
rule; and
(iv) that the applicant meets:
(A) the standards for esthetics schools, including staff, curriculum, and accreditation
requirements, established by division rule made in collaboration with the board; and
(B) the requirements for recognition as an institution of postsecondary study as
described in Subsection [
(19)
] 
(22)
.
(14) Each applicant for licensure as a hair designer shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) provide satisfactory documentation of:
(i) graduation from a licensed or recognized cosmetology/barber, hair design, or
barbering school whose curriculum consists of a minimum of 1,200 hours of instruction, or the
equivalent number of credit hours, with full flexibility within those hours;
(ii) (A) graduation from a recognized cosmetology/barber, hair design, or barbering
school located in a state other than Utah whose curriculum consists of less than 1,200 hours of
instruction, or the equivalent number of credit hours, with full flexibility within those hours;
and
(B) practice as a licensed cosmetologist/barber or hair designer in a state other than
Utah for not less than the number of hours required to equal 1,200 total hours when added to
the hours of instruction described in Subsection (14)(d)(ii)(A); or
(iii) being a state licensed cosmetologist/barber; and
(e) meet the examination requirements established by rule.
(15) Each applicant for licensure as a hair designer instructor shall:
(a) submit an application in a form prescribed by the division;
(b) subject to Subsection (24), pay a fee determined by the department under Section
63J-1-504
;
(c) provide satisfactory documentation that the applicant is currently licensed as a hair
designer or as a cosmetologist/barber;
(d) be of good moral character;
(e) provide satisfactory documentation of completion of:
(i) an instructor training program conducted by a licensed or recognized school, as
defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
hours;
(ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
number of credit hours; or
(iii) a minimum of 2,500 hours of experience as a hair designer or as a
cosmetologist/barber; and
(f) meet the examination requirement established by rule.
(16) Each applicant for licensure as a hair design school shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
; and
(c) provide satisfactory documentation:
(i) of appropriate registration with the Division of Corporations and Commercial Code;
(ii) of business licensure from the city, town, or county in which the school is located;
(iii) that the applicant's physical facilities comply with the requirements established by
rule; and
(iv) that the applicant meets:
(A) the standards for a hair design school, including staff and accreditation
requirements, established by rule; and
(B) the requirements for recognition as an institution of postsecondary study as
described in Subsection (22).
[
(14)
] 
(17)
 Each applicant for licensure as a nail technician shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) provide satisfactory documentation of:
(i) graduation from a licensed or recognized nail technology school, or a licensed or
recognized cosmetology/barber school, whose curriculum consists of not less than 300 hours of
instruction, or the equivalent number of credit hours;
(ii) (A) graduation from a recognized nail technology school located in a state other
than Utah whose curriculum consists of less than 300 hours of instruction or the equivalent
number of credit hours; and
(B) practice as a licensed nail technician in a state other than Utah for not less than the
number of hours required to equal 300 total hours when added to the hours of instruction
described in Subsection [
(14)
] 
(17)
(d)(ii)(A); or
(iii) completion of an approved nail technician apprenticeship; and
(e) meet the examination requirement established by division rule.
[
(15)
] 
(18)
 Each applicant for licensure as a nail technician instructor shall:
(a) submit an application in a form prescribed by the division;
(b) 
subject to Subsection (24),
 pay a fee determined by the department under Section
63J-1-504
;
(c) provide satisfactory documentation that the applicant is currently licensed as a nail
technician;
(d) be of good moral character;
(e) provide satisfactory documentation of completion of:
(i) an instructor training program conducted by a licensed or recognized school, as
defined by rule, consisting of a minimum of 75 hours or the equivalent number of credit hours;
(ii) an on-the-job instructor training program conducted by a licensed instructor at a
licensed or recognized school, as defined by rule, consisting of a minimum of 75 hours or the
equivalent number of credit hours; or
(iii) a minimum of 600 hours of experience in nail technology; and
(f) meet the examination requirement established by rule.
[
(16)
] 
(19)
 Each applicant for licensure as a nail technology school shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
; and
(c) provide satisfactory documentation:
(i) of appropriate registration with the Division of Corporations and Commercial Code;
(ii) of business licensure from the city, town, or county in which the school is located;
(iii) that the applicant's facilities comply with the requirements established by rule; and
(iv) that the applicant meets:
(A) the standards for nail technology schools, including staff, curriculum, and
accreditation requirements, established by rule; and
(B) the requirements for recognition as an institution of postsecondary study as
described in Subsection [
(19)
] 
(22)
.
[
(17)
] 
(20)
 Each applicant for licensure under this chapter whose education in the field
for which a license is sought was completed at a foreign school may satisfy the educational
requirement for licensure by demonstrating, to the satisfaction of the division, the educational
equivalency of the foreign school education with a licensed school under this chapter.
[
(18)
] 
(21)
 (a) A licensed or recognized school under this section [
may
] 
shall
 accept
credit hours towards graduation [
for any profession listed in this section.
] 
for documented,
relevant, and substantially equivalent coursework previously completed by:
(i) a student that did not complete the student's education while attending a different
school; or
(ii) a licensee of any other profession listed in this section, based on the licensee's
schooling, apprenticeship, or experience.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
consistent with this section, the division may make rules governing the acceptance of credit
hours under Subsection [
(18)
] 
(21)
(a).
[
(19)
] 
(22)
 A school licensed or applying for licensure under this chapter shall maintain
recognition as an institution of postsecondary study by meeting the following conditions:
(a) the school shall admit as a regular student only an individual who has earned a
recognized high school diploma or the equivalent of a recognized high school diploma, or who
is beyond the age of compulsory high school attendance as prescribed by Title 53A, Chapter
11, Students in Public Schools; and
(b) the school shall be licensed by name, or in the case of an applicant, shall apply for
licensure by name, under this chapter to offer one or more training programs beyond the
secondary level.
[
(20)
] 
(23)
 A person seeking to qualify for licensure under this chapter by apprenticing
in an approved apprenticeship shall register with the division as described in Section
58-11a-306
.
(24) The department may only charge a fee to a person applying for licensure as any
type of instructor under this chapter if the person is not a licensed instructor in any other
profession under this chapter.