Terms Used In Utah Code > Title 58 > Chapter 11a - Cosmetology and Associated Professions Licensing Act

• Ablative procedure: means the same as that term is defined in Section 58-67-102. See Utah Code 58-1-102
• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• 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 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. 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
• 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
• Barber instructor: means a barber who is licensed under this chapter to engage in the practice of barbering instruction. See Utah Code 58-11a-102
• Bequest: Property gifted by will.
• Board: means the Cosmetology and Associated Professions Licensing Board created in Section 58-11a-201. See Utah Code 58-11a-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Cosmetic supervisor: means a supervisor as defined in Section 58-1-505. See Utah Code 58-11a-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Commerce. See Utah Code 58-1-102
• Devise: To gift property by will.
• 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
• Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
• Director: means the director appointed under Section 26B-5-103. See Utah Code 26B-5-101
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Division: means the Division of Integrated Healthcare created in Section 26B-1-1202. See Utah Code 26B-5-101
• Electrologist: means a person who is licensed under this chapter to engage in the practice of electrology. See Utah Code 58-11a-102
• Electrologist instructor: means an electrologist who is licensed under this chapter to engage in the practice of electrology instruction. See Utah Code 58-11a-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Esthetician: means a person who is licensed under this chapter to engage in the practice of esthetics. See Utah Code 58-11a-102
• Esthetician instructor: means a master esthetician who is licensed under this chapter to engage in the practice of esthetics instruction. See Utah Code 58-11a-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.
• 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
• 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. See Utah Code 58-11a-102
• Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
• Fund: means the Cosmetology and Associated Professions Education and Enforcement Fund created in Section 58-11a-103. See Utah Code 58-11a-102
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• 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
• Hair designer instructor: means a hair designer who is licensed under this chapter to engage in the practice of hair design instruction. See Utah Code 58-11a-102
• Institution: means a hospital or a health facility licensed under Section 26B-2-206. See Utah Code 26B-5-301
• 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.
• Licensed esthetics school: means an esthetics school licensed under this chapter. See Utah Code 58-11a-102
• Licensed nail technology school: means a nail technology school licensed under this chapter. See Utah Code 58-11a-102
• Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
• Local mental health authority: means a county legislative body. See Utah Code 26B-5-101
• 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
• Nail technician instructor: means a nail technician licensed under this chapter to engage in the practice of nail technology instruction. 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
• Patient: means an individual who is:
       (20)(a) under commitment to the custody or to the treatment services of a local mental health authority; or
       (20)(b) undergoing essential treatment and intervention. See Utah Code 26B-5-301
• 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
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• 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
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• 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
• State hospital: means the Utah State Hospital established in Section 26B-5-302. See Utah Code 26B-5-301
• Summons: Another word for subpoena used by the criminal justice system.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Treatment: means psychotherapy, medication, including the administration of psychotropic medication, or other medical treatments that are generally accepted medical or psychosocial interventions for the purpose of restoring the patient to an optimal level of functioning in the least restrictive environment. See Utah Code 26B-5-301
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unlawful conduct: is a s defined in Sections 58-1-501 and 58-11a-502. See Utah Code 58-11a-102
• Unprofessional conduct: is a s 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. See Utah Code 58-11a-102
• 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