Utah Code 58-11a-304. Exemptions from licensure
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In addition to the exemptions from licensure in Section
(1) a person licensed under the laws of this state to engage in the practice of medicine, surgery, osteopathy, or chiropractic when engaged in the practice of the profession for which they are licensed;
Terms Used In Utah Code 58-11a-304
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- 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 - Contract: A legal written agreement that becomes binding when signed.
- 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. 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 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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. 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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- 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
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(2) a commissioned physician or surgeon serving in the armed forces of the United States or another federal agency;(3) a registered nurse, undertaker, or mortician licensed under the laws of this state when engaged in the practice of the profession for which the person is licensed;(4) a person who visits the state to engage in instructional seminars, advanced classes, trade shows, or competitions of a limited duration;(5) a person who engages in the practice of barbering, cosmetology/barbering, hair design, esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow technology without compensation;(6) a person instructing an adult education class or other educational program directed toward persons who are not licensed under this chapter and that is not intended to train persons to become licensed under this chapter, provided:(6)(a) an attendee receives no credit toward educational requirements for licensure under this chapter;(6)(b) the instructor informs each attendee in writing that taking such a class or program will not certify or qualify the attendee to perform a service for compensation that requires licensure under this chapter; and(6)(c)(6)(c)(i) the instructor is properly licensed; or(6)(c)(ii) the instructor receives no compensation;(7) a person providing instruction in workshops, seminars, training meetings, or other educational programs whose purpose is to provide continuing professional development to licensed barbers, cosmetologists/barbers, hair designers, estheticians, master estheticians, electrologists, or nail technicians;(8) a person enrolled in a licensed barber, cosmetology/barber, or hair design school when participating in an on the job training internship under the direct supervision of a licensed barber, cosmetologist/barber, or hair designer upon completion of a basic program under the standards established by rule by the division in collaboration with the board;(9) a person enrolled in an approved apprenticeship pursuant to Section58-11a-306 ;(10) an employee of a company that is primarily engaged in the business of selling products used in the practice of barbering, cosmetology/barbering, hair design, esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow technology when demonstrating the company’s products to a potential customer, provided the employee makes no representation to a potential customer that attending such a demonstration will certify or qualify the attendee to perform a service for compensation that requires licensure under this chapter;(11) a person who:(11)(a) is qualified to engage in the practice of barbering, cosmetology/barbering, hair design, esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow technology in another jurisdiction as evidenced by licensure, certification, or lawful practice in the other jurisdiction;(11)(b) is employed by, or under contract with, a motion picture company; and(11)(c) engages in the practice of barbering, cosmetology/barbering, hair design, esthetics, master-level esthetics, electrology, nail technology, or eyelash and eyebrow technology in the state:(11)(c)(i) solely to assist in the production of a motion picture; and(11)(c)(ii) for no more than 120 days per calendar year;(12) a person who:(12)(a) engages in hair braiding; and(12)(b) unless it is expressly exempted under this section or Section58-1-307 , does not engage in other activity requiring licensure under this chapter; and(13) a person who:(13)(a) dries, styles, arranges, dresses, curls, hot irons, shampoos, or conditions hair;(13)(b) does not cut the hair;(13)(c) does not apply dye to alter the color of the hair;(13)(d) does not apply reactive chemicals to straighten, curl, or alter the structure of the hair;(13)(e) unless it is expressly exempted under this section or Section58-1-307 , does not engage in other activity requiring licensure under this chapter;(13)(f) provides evidence to the division that the person has received a hair safety permit from completing a hair safety program that:(13)(f)(i) is approved by the division;(13)(f)(ii) consists of no more than two hours of instruction;(13)(f)(iii) is offered by a provider approved by the division; and(13)(f)(iv) includes an examination that requires a passing score of 75%; and(13)(g) displays in a conspicuous location in the person’s place of business:(13)(g)(i) a valid hair safety permit as described in Subsection (13)(f); and(13)(g)(ii) a sign notifying the public that the person’s services are not provided by an individual who has a license under this chapter.