Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 126 First Substitute (2021GS)

Sponsor

Rep. Brammer, B.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies the definition of "hair braiding" in the act to include the use of wefts if applied without the use of glue or tape; and
• makes technical changes.

Every vote on this bill

Bill text

LICENSING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brady Brammer
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill modifies provisions of the Cosmetology and Associated Professions Licensing
Act (the act).
Highlighted Provisions:
This bill:
▸ modifies the definition of "hair braiding" in the act to include the use of wefts if
applied without the use of glue or tape; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-11a-102
, as last amended by Laws of Utah 2020, Chapter 339
Be it enacted by the Legislature of the state of Utah:
Section 1. 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
(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.
(3) "Approved hair designer 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.
(4) "Approved master esthetician 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) "Approved nail technician apprenticeship" means an apprenticeship that meets the
requirements of Subsection 
58-11a-306
(6) 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.
(6) "Barber" means a person who is licensed under this chapter to engage in the
practice of barbering.
(7) "Barber instructor" means a barber who is licensed under this chapter to engage in
the practice of barbering instruction.
(8) "Board" means the Cosmetology and Associated Professions Licensing Board
created in Section 
58-11a-201
.
(9) "Cosmetic laser procedure" includes a nonablative procedure as defined in Section
58-67-102
.
(10) "Cosmetic supervisor" means a supervisor as defined in Section 
58-1-505
.
(11) "Cosmetologist/barber" means a person who is licensed under this chapter to
engage in the practice of cosmetology/barbering.
(12) "Cosmetologist/barber instructor" means a cosmetologist/barber who is licensed
under this chapter to engage in the practice of cosmetology/barbering instruction.
(13) "Direct supervision" means that the supervisor of an apprentice or the instructor of
a student is immediately available for consultation, advice, instruction, and evaluation.
(14) "Electrologist" means a person who is licensed under this chapter to engage in the
practice of electrology.
(15) "Electrologist instructor" means an electrologist who is licensed under this chapter
to engage in the practice of electrology instruction.
(16) "Esthetician" means a person who is licensed under this chapter to engage in the
practice of esthetics.
(17) "Esthetician instructor" means a master esthetician who is licensed under this
chapter to engage in the practice of esthetics instruction.
(18) "Fund" means the Cosmetology and Associated Professions Education and
Enforcement Fund created in Section 
58-11a-103
.
(19) (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[
.
]
; and
(xiv) the use of wefts if applied without the use of glue or tape.
(c) "Hair braiding" does not include:
(i) the use of:
(A) wefts 
if applied with the use of glue or tape
;
(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.
(20) "Hair designer" means a person who is licensed under this chapter to engage in the
practice of hair design.
(21) "Hair designer instructor" means a hair designer who is licensed under this chapter
to engage in the practice of hair design instruction. 
(22) "Licensed barber or cosmetology/barber school" means a barber or
cosmetology/barber school licensed under this chapter.
(23) "Licensed electrology school" means an electrology school licensed under this
chapter.
(24) "Licensed esthetics school" means an esthetics school licensed under this chapter.
(25) "Licensed hair design school" means a hair design school licensed under this
chapter. 
(26) "Licensed nail technology school" means a nail technology school licensed under
this chapter.
(27) "Master esthetician" means an individual who is licensed under this chapter to
engage in the practice of master-level esthetics.
(28) "Nail technician" means an individual who is licensed under this chapter to engage
in the practice of nail technology.
(29) "Nail technician instructor" means a nail technician licensed under this chapter to
engage in the practice of nail technology instruction.
(30) "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;
(c) removing hair from the face or neck of a person by the use of shaving equipment;
and
(d) when providing other services described in this Subsection (30), gently massaging
the head, back of the neck, and shoulders by manual or mechanical means.
(31) "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.
(32) "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 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 (32)(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.
(33) (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 barbering;
(ii) the practice of basic esthetics; and
(iii) 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.
(34) "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.
(35) "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.
(36) "Practice of electrology instruction" means teaching the practice of electrology at a
licensed electrology school.
(37) "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.
(38) "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.
(39) "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. 
(40) (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 (40)(a), a master-level esthetician
may perform procedures listed in Subsection (40)(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.
(41) "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.
(42) "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.
(43) "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.
(44) "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.
(45) "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.
(46) "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.
(47) "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. 
(48) "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.
(49) "Salon" means a place, shop, or establishment in which cosmetology/barbering,
esthetics, electrology, or nail technology is practiced.
(50) "Unlawful conduct" is as defined in Sections 
58-1-501
 and 
58-11a-502
.
(51) "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.