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.
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Terms Used In Utah Code 58-11a-102

  • 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. See Utah Code 58-11a-102
  • Approved eyelash and eyebrow technician apprenticeship: means an apprenticeship that meets the requirements of Subsection 58-11a-306(7) 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. See Utah Code 58-11a-102
  • 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. See Utah Code 58-11a-102
  • 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. See Utah Code 58-11a-102
  • Barber: means a person who is licensed under this chapter to engage in the practice of barbering. See Utah Code 58-11a-102
  • Board: means the Cosmetology and Associated Professions Licensing Board created in Section 58-11a-201. See Utah Code 58-11a-102
  • Cosmetic supervisor: means a supervisor as defined in Section 58-1-505. See Utah Code 58-11a-102
  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
  • Electrologist: means a person who is licensed under this chapter to engage in the practice of electrology. See Utah Code 58-11a-102
  • Esthetician: means a person who is licensed under this chapter to engage in the practice of esthetics. See Utah Code 58-11a-102
  • Eyelash and eyebrow technician: means a person who is licensed under this chapter to engage in the practice of eyelash and eyebrow technology. See Utah Code 58-11a-102
  • Fund: means the Cosmetology and Associated Professions Education and Enforcement Fund created in Section 58-11a-103. See Utah Code 58-11a-102
  • Hair designer: means a person who is licensed under this chapter to engage in the practice of hair design. See Utah Code 58-11a-102
  • Master esthetician: means an individual who is licensed under this chapter to engage in the practice of master-level esthetics. See Utah Code 58-11a-102
  • Nail technician: means an individual who is licensed under this chapter to engage in the practice of nail technology. See Utah Code 58-11a-102
  • Nonablative procedure: means a procedure that is expected or intended to alter living tissue, but not intended or expected to excise, vaporize, disintegrate, or remove living tissue. See Utah Code 58-1-102
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Practice of barbering: means :
         (33)(a) cutting, clipping, or trimming the hair of the head of any person by the use of scissors, shears, clippers, or other appliances;
         (33)(b) draping, shampooing, scalp treatments, basic wet styling, and blow drying;
         (33)(c) removing hair from the face or neck of a person by the use of shaving equipment; and
         (33)(d) when providing other services described in this Subsection (33), gently massaging the head, back of the neck, and shoulders by manual or mechanical means. See Utah Code 58-11a-102
  • Practice of barbering instruction: means teaching the practice of barbering at a licensed barber school, at any school licensed under this chapter or for an approved barber apprenticeship. See Utah Code 58-11a-102
  • 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:
         (35)(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;
         (35)(b) limited chemical exfoliation as defined by rule;
         (35)(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;
         (35)(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;
         (35)(e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes or eyebrows, or applying eyelash or eyebrow extensions; or
         (35)(f) except as provided in Subsection (35)(f)(i), cosmetic laser procedures under the direct cosmetic medical procedure supervision of a cosmetic supervisor limited to the following:
              (35)(f)(i) superfluous hair removal which shall be under indirect supervision;
              (35)(f)(ii) anti-aging resurfacing enhancements;
              (35)(f)(iii) photo rejuvenation; or
              (35)(f)(iv) tattoo removal. See Utah Code 58-11a-102
  • Practice of electrology: means :
         (38)(a) the removal of superfluous hair from the body of a person by the use of electricity, waxing, shaving, or tweezing; or
         (38)(b) cosmetic laser procedures under the supervision of a cosmetic supervisor limited to superfluous hair removal. See Utah Code 58-11a-102
  • Practice of electrology instruction: means teaching the practice of electrology at any school licensed under this chapter. See Utah Code 58-11a-102
  • Practice of esthetics instruction: means teaching the practice of basic esthetics or the practice of master-level esthetics:
         (40)(a) at any school licensed under this chapter; or
         (40)(b) for an approved esthetician apprenticeship or an approved master esthetician apprenticeship. See Utah Code 58-11a-102
  • Practice of eyelash and eyebrow technology: means arching eyebrows by tweezing, tinting eyelashes or eyebrows, perming eyelashes or eyebrows, or applying eyelash or eyebrow extensions. See Utah Code 58-11a-102
  • Practice of eyelash and eyebrow technology instruction: means teaching the practice of eyelash and eyebrow technology at any school licensed under this chapter or for an approved eyelash and eyebrow technician apprenticeship. See Utah Code 58-11a-102
  • Practice of hair design: means :
         (43)(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;
         (43)(b) barbering, cutting, clipping, shaving, or trimming the hair by the use of scissors, shears, clippers, or other appliances;
         (43)(c) cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or both on the human head; or
         (43)(d) practicing hair weaving, hair fusing, or servicing previously medically implanted hair. See Utah Code 58-11a-102
  • Practice of hair design instruction: means teaching the practice of hair design at any school licensed under this chapter. See Utah Code 58-11a-102
  • practice of master-level esthetics: includes :
              (45)(c)(i) 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; and
              (45)(c)(ii) the practice of eyelash and eyebrow technology. See Utah Code 58-11a-102
  • Practice of nail technology: includes :
              (46)(b)(i) the application and removal of sculptured or artificial nails; and
              (46)(b)(ii) using blades, including corn or callus planer or rasp, for smoothing, shaving, or removing dead skin from the feet. See Utah Code 58-11a-102
  • Practice of nail technology instruction: means teaching the practice of nail technology at any school licensed under this chapter or for an approved nail technician apprenticeship. See Utah Code 58-11a-102
  • 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. See Utah Code 58-11a-102
  • 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. See Utah Code 58-11a-102
  • 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. See Utah Code 58-11a-102
  • Recognized eyelash and eyebrow technology school: means an eyelash and eyebrow 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. See Utah Code 58-11a-102
  • 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. See Utah Code 58-11a-102
  • 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. See Utah Code 58-11a-102
  • Salon: means a place, shop, or establishment in which cosmetology/barbering, esthetics, electrology, nail technology, or eyelash and eyebrow technology is practiced. See Utah Code 58-11a-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(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 eyelash and eyebrow technician apprenticeship” means an apprenticeship that meets the requirements of Subsection 58-11a-306(7) 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 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.
(5) “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.
(6) “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.
(7) “Barber” means a person who is licensed under this chapter to engage in the practice of barbering.
(8) “Barber instructor” means a barber who is licensed under this chapter to engage in the practice of barbering instruction.
(9) “Board” means the Cosmetology and Associated Professions Licensing Board created in Section 58-11a-201.
(10) “Cosmetic laser procedure” includes a nonablative procedure as defined in Section 58-67-102.
(11) “Cosmetic supervisor” means a supervisor as defined in Section 58-1-505.
(12) “Cosmetologist/barber” means a person who is licensed under this chapter to engage in the practice of cosmetology/barbering.
(13) “Cosmetologist/barber instructor” means a cosmetologist/barber who is licensed under this chapter to engage in the practice of cosmetology/barbering instruction.
(14) “Direct supervision” means that the supervisor of an apprentice or the instructor of a student is physically present in the same building as the apprentice or student and readily able to establish direct contact with the apprentice or student for consultation, advice, instruction, and evaluation.
(15) “Electrologist” means a person who is licensed under this chapter to engage in the practice of electrology.
(16) “Electrologist instructor” means an electrologist who is licensed under this chapter to engage in the practice of electrology instruction.
(17) “Esthetician” means a person who is licensed under this chapter to engage in the practice of esthetics.
(18) “Esthetician instructor” means a master esthetician who is licensed under this chapter to engage in the practice of esthetics instruction.
(19) “Eyelash and eyebrow technician” means a person who is licensed under this chapter to engage in the practice of eyelash and eyebrow technology.
(20) “Eyelash and eyebrow technician instructor” means an eyelash and eyebrow technician licensed under this chapter to engage in the practice of eyelash and eyebrow technology instruction.
(21) “Fund” means the Cosmetology and Associated Professions Education and Enforcement Fund created in Section 58-11a-103.
(22)

     (22)(a) “Hair braiding” means the twisting, weaving, or interweaving of a person’s natural human hair.
     (22)(b) “Hair braiding” includes the following methods or styles:

          (22)(b)(i) African-style braiding;
          (22)(b)(ii) box braids;
          (22)(b)(iii) cornrows;
          (22)(b)(iv) dreadlocks;
          (22)(b)(v) french braids;
          (22)(b)(vi) invisible braids;
          (22)(b)(vii) micro braids;
          (22)(b)(viii) single braids;
          (22)(b)(ix) single plaits;
          (22)(b)(x) twists;
          (22)(b)(xi) visible braids;
          (22)(b)(xii) the use of lock braids;
          (22)(b)(xiii) the use of decorative beads, accessories, and extensions; and
          (22)(b)(xiv) the use of wefts if applied without the use of glue or tape.
     (22)(c) “Hair braiding” does not include:

          (22)(c)(i) the use of:

               (22)(c)(i)(A) wefts if applied with the use of glue or tape;
               (22)(c)(i)(B) synthetic tape;
               (22)(c)(i)(C) synthetic glue;
               (22)(c)(i)(D) keratin bonds;
               (22)(c)(i)(E) fusion bonds; or
               (22)(c)(i)(F) heat tools;
          (22)(c)(ii) the cutting of human hair; or
          (22)(c)(iii) the application of heat, dye, a reactive chemical, or other preparation to:

               (22)(c)(iii)(A) alter the color of the hair; or
               (22)(c)(iii)(B) straighten, curl, or alter the structure of the hair.
(23) “Hair designer” means a person who is licensed under this chapter to engage in the practice of hair design.
(24) “Hair designer instructor” means a hair designer who is licensed under this chapter to engage in the practice of hair design instruction.
(25) “Licensed barber or cosmetology/barber school” means a barber or cosmetology/barber school licensed under this chapter.
(26) “Licensed electrology school” means an electrology school licensed under this chapter.
(27) “Licensed esthetics school” means an esthetics school licensed under this chapter.
(28) “Licensed hair design school” means a hair design school licensed under this chapter.
(29) “Licensed nail technology school” means a nail technology school licensed under this chapter.
(30) “Master esthetician” means an individual who is licensed under this chapter to engage in the practice of master-level esthetics.
(31) “Nail technician” means an individual who is licensed under this chapter to engage in the practice of nail technology.
(32) “Nail technician instructor” means a nail technician licensed under this chapter to engage in the practice of nail technology instruction.
(33) “Practice of barbering” means:

     (33)(a) cutting, clipping, or trimming the hair of the head of any person by the use of scissors, shears, clippers, or other appliances;
     (33)(b) draping, shampooing, scalp treatments, basic wet styling, and blow drying;
     (33)(c) removing hair from the face or neck of a person by the use of shaving equipment; and
     (33)(d) when providing other services described in this Subsection (33), gently massaging the head, back of the neck, and shoulders by manual or mechanical means.
(34) “Practice of barbering instruction” means teaching the practice of barbering at a licensed barber school, at any school licensed under this chapter or for an approved barber apprenticeship.
(35) “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:

     (35)(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;
     (35)(b) limited chemical exfoliation as defined by rule;
     (35)(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;
     (35)(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;
     (35)(e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes or eyebrows, or applying eyelash or eyebrow extensions; or
     (35)(f) except as provided in Subsection (35)(f)(i), cosmetic laser procedures under the direct cosmetic medical procedure supervision of a cosmetic supervisor limited to the following:

          (35)(f)(i) superfluous hair removal which shall be under indirect supervision;
          (35)(f)(ii) anti-aging resurfacing enhancements;
          (35)(f)(iii) photo rejuvenation; or
          (35)(f)(iv) tattoo removal.
(36)

     (36)(a) “Practice of cosmetology/barbering” means:

          (36)(a)(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;
          (36)(a)(ii) cutting, clipping, or trimming the hair by the use of scissors, shears, clippers, or other appliances;
          (36)(a)(iii) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes or eyebrows, applying eyelash or eyebrow extensions;
          (36)(a)(iv) removing hair from the body of a person by the use of depilatories, waxing, or shaving equipment;
          (36)(a)(v) cutting, curling, styling, fitting, measuring, or forming caps for wigs or hairpieces or both on the human head; or
          (36)(a)(vi) practicing hair weaving or hair fusing or servicing previously medically implanted hair.
     (36)(b) The term “practice of cosmetology/barbering” includes:

          (36)(b)(i) the practice of barbering;
          (36)(b)(ii) the practice of basic esthetics;
          (36)(b)(iii) the practice of nail technology; and
          (36)(b)(iv) the practice of eyelash and eyebrow technology.
     (36)(c) An individual is not required to be licensed as a cosmetologist/barber to engage in the practice of threading.
(37) “Practice of cosmetology/barbering instruction” means teaching the practice of cosmetology/barbering:

     (37)(a) at any school licensed under this chapter; or
     (37)(b) for an approved cosmetologist/barber apprenticeship.
(38) “Practice of electrology” means:

     (38)(a) the removal of superfluous hair from the body of a person by the use of electricity, waxing, shaving, or tweezing; or
     (38)(b) cosmetic laser procedures under the supervision of a cosmetic supervisor limited to superfluous hair removal.
(39) “Practice of electrology instruction” means teaching the practice of electrology at any school licensed under this chapter.
(40) “Practice of esthetics instruction” means teaching the practice of basic esthetics or the practice of master-level esthetics:

     (40)(a) at any school licensed under this chapter; or
     (40)(b) for an approved esthetician apprenticeship or an approved master esthetician apprenticeship.
(41) “Practice of eyelash and eyebrow technology” means arching eyebrows by tweezing, tinting eyelashes or eyebrows, perming eyelashes or eyebrows, or applying eyelash or eyebrow extensions.
(42) “Practice of eyelash and eyebrow technology instruction” means teaching the practice of eyelash and eyebrow technology at any school licensed under this chapter or for an approved eyelash and eyebrow technician apprenticeship.
(43) “Practice of hair design” means:

     (43)(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;
     (43)(b) barbering, cutting, clipping, shaving, or trimming the hair by the use of scissors, shears, clippers, or other appliances;
     (43)(c) cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or both on the human head; or
     (43)(d) practicing hair weaving, hair fusing, or servicing previously medically implanted hair.
(44) “Practice of hair design instruction” means teaching the practice of hair design at any school licensed under this chapter.
(45)

     (45)(a) “Practice of master-level esthetics” means:

          (45)(a)(i) any of the following when done for cosmetic purposes on the body and not for the treatment of medical, physical, or mental ailments:

               (45)(a)(i)(A) body wraps as defined by rule;
               (45)(a)(i)(B) hydrotherapy as defined by rule;
               (45)(a)(i)(C) chemical exfoliation as defined by rule;
               (45)(a)(i)(D) advanced pedicures as defined by rule;
               (45)(a)(i)(E) sanding, including microdermabrasion;
               (45)(a)(i)(F) advanced extraction;
               (45)(a)(i)(G) dermaplaning;
               (45)(a)(i)(H) other esthetic preparations or procedures with the use of:

                    (45)(a)(i)(H)(I) the hands; or
                    (45)(a)(i)(H)(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
               (45)(a)(i)(I) 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:

                    (45)(a)(i)(I)(I) superfluous hair removal;
                    (45)(a)(i)(I)(II) anti-aging resurfacing enhancements;
                    (45)(a)(i)(I)(III) photo rejuvenation; or
                    (45)(a)(i)(I)(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
          (45)(a)(ii) lymphatic massage by manual or other means as defined by rule.
     (45)(b) Notwithstanding the provisions of Subsection (45)(a), a master-level esthetician may perform procedures listed in Subsection (45)(a)(i)(H) if done under the supervision of a cosmetic supervisor acting within the scope of the cosmetic supervisor license.
     (45)(c) The term “practice of master-level esthetics” includes:

          (45)(c)(i) 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; and
          (45)(c)(ii) the practice of eyelash and eyebrow technology.
(46)

     (46)(a) “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.
     (46)(b) “Practice of nail technology” includes:

          (46)(b)(i) the application and removal of sculptured or artificial nails; and
          (46)(b)(ii) using blades, including corn or callus planer or rasp, for smoothing, shaving, or removing dead skin from the feet.
(47) “Practice of nail technology instruction” means teaching the practice of nail technology at any school licensed under this chapter or for an approved nail technician apprenticeship.
(48) “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.
(49) “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.
(50) “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.
(51) “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.
(52) “Recognized eyelash and eyebrow technology school” means an eyelash and eyebrow 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.
(53) “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.
(54) “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.
(55) “Salon” means a place, shop, or establishment in which cosmetology/barbering, esthetics, electrology, nail technology, or eyelash and eyebrow technology is practiced.
(56) “Unlawful conduct” is as defined in Sections 58-1-501 and 58-11a-502.
(57) “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.

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