58-11a-102 - Definitions.
58-11a-102. Definitions.
As used in this chapter:
(1) "Approved barber or cosmetologist/barber apprenticeship" means an apprenticeshipthat meets the requirements of Subsection 58-11a-306(1) for barbers or Subsection58-11a-306(2) for cosmetologist/barbers and the requirements established by rule by the divisionin collaboration with the board in accordance with Title 63G, Chapter 3, Utah AdministrativeRulemaking Act.
(2) "Approved esthetician apprenticeship" means an apprenticeship that meets therequirements of Subsection 58-11a-306(3) and the requirements established by rule by thedivision in collaboration with the board in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act.
(3) "Approved master esthetician apprenticeship" means an apprenticeship that meets therequirements of Subsection 58-11a-306(4) and the requirements established by rule by thedivision in collaboration with the board in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act.
(4) "Approved nail technician apprenticeship" means an apprenticeship that meets therequirements of Subsection 58-11a-306(5) and the requirements established by rule by thedivision in collaboration with the board in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act.
(5) "Barber" means a person who is licensed under this chapter to engage in the practiceof barbering.
(6) "Barber instructor" means a barber who is licensed under this chapter to teachbarbering at a licensed barber school or in an apprenticeship program as defined in Section58-11a-306.
(7) "Board" means the Barber, Cosmetology/Barbering, Esthetics, Electrology, and NailTechnology Licensing Board created in Section 58-11a-201.
(8) "Cosmetologist/barber" means a person who is licensed under this chapter to engagein the practice of cosmetology/barbering.
(9) "Cosmetologist/barber instructor" means a cosmetologist/barber who is licensedunder this chapter to teach cosmetology/barbering at a licensed cosmetology/barber school,licensed barber school, licensed nail technology school, or in an apprenticeship program asdefined in Subsection 58-11a-306(2).
(10) "Direct supervision" means that the supervisor of an apprentice or the instructor of astudent is immediately available for consultation, advice, instruction, and evaluation.
(11) "Electrologist" means a person who is licensed under this chapter to engage in thepractice of electrology.
(12) "Electrologist instructor" means an electrologist who is licensed under this chapterto teach electrology at a licensed electrology school.
(13) "Esthetician" means a person who is licensed under this chapter to engage in thepractice of esthetics.
(14) "Esthetician instructor" means a master esthetician who is licensed under thischapter to teach the practice of esthetics and the practice of master-level esthetics at a licensedesthetics school, a licensed cosmetology/barber school, or in an apprenticeship program asdefined in Subsection 58-11a-306(3).
(15) "Fund" means the Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail
Technician Education and Enforcement Fund created in Section 58-11a-103.
(16) "Licensed barber or cosmetology/barber school" means a barber orcosmetology/barber school licensed under this chapter.
(17) "Licensed electrology school" means an electrology school licensed under thischapter.
(18) "Licensed esthetics school" means an esthetics school licensed under this chapter.
(19) "Licensed nail technology school" means a nail technology school licensed underthis chapter.
(20) "Master esthetician" means an individual who is licensed under this chapter toengage in the practice of master-level esthetics.
(21) "Nail technician" means an individual who is licensed under this chapter to engagein the practice of nail technology.
(22) "Nail technician instructor" means a nail technician licensed under this chapter toteach the practice of nail technology in a licensed nail technology school, a licensedcosmetology/barber school, or in an apprenticeship program as defined in Subsection58-11a-306(5).
(23) "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.
(24) "Practice of barbering instruction" means instructing barbering in a licensed barberschool, licensed cosmetology/barber school, or in an apprenticeship program as defined inSubsection 58-11a-306(1).
(25) "Practice of basic esthetics" means any one of the following skin care proceduresdone on the head, face, neck, arms, hands, legs, feet, eyebrows, or eyelashes for cosmeticpurposes and not for the treatment of medical, physical, or mental ailments:
(a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, ormasks, manual extraction, including a comodone extractor, depilatories, waxes, tweezing, theapplication of eyelash extensions, natural nail manicures or pedicures, or callous removal bybuffing or filing;
(b) limited chemical exfoliation as defined by rule;
(c) removing superfluous hair by means other than electrolysis, except that an individualis 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-frequencyor galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not for the treatment ofmedical, physical, or mental ailments; or
(e) cosmetic laser procedures under direct supervision of a licensed health carepractitioner as defined by rule, limited to the following:
(i) superfluous hair removal;
(ii) anti-aging resurfacing enhancements;
(iii) photo rejuvenation; or
(iv) tattoo removal.
(26) (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 otherappliances;
(iii) arching eyebrows, or tinting eyebrows or eyelashes, applying eyelash extensions, orany combination of these procedures;
(iv) removing hair from the face, neck, shoulders, arms, back, torso, feet, bikini line, orlegs 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 orboth on the human head; or
(vi) practicing hair weaving or hair fusing or servicing previously medically implantedhair.
(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 thepractice of threading.
(27) "Practice of cosmetology/barbering instruction" means instructingcosmetology/barbering as defined in Subsection (26) in a licensed cosmetology/barber school orin an apprenticeship program as defined in Subsection 58-11a-306(2).
(28) "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 general supervision of a licensed health carepractitioner as defined by rule, limited to superfluous hair removal.
(29) "Practice of electrology instruction" means instructing electrology in a licensedelectrology school.
(30) "Practice of esthetics instruction" means instructing esthetics in a licensed estheticsschool, a licensed cosmetology/barber school, or instructing master-level esthetics in a licensedesthetics school or in an apprenticeship program as defined in Subsections 58-11a-306(2), (3),and (4).
(31) (a) "Practice of master-level esthetics" means:
(i) any of the following when done for cosmetic purposes on the head, face, neck, torso,abdomen, back, arms, hands, legs, feet, eyebrows, or eyelashes and not for the treatment ofmedical, 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 forbeautifying or similar work performed on the body for cosmetic purposes and not for thetreatment of a medical, physical, or mental ailment; or
(H) cosmetic laser procedures under the general supervision of a licensed health carepractitioner as defined by rule, with a physician's evaluation before the procedure, as needed, andlimited to the following:
(I) superfluous hair removal;
(II) anti-aging resurfacing enhancements;
(III) photo rejuvenation; or
(IV) tattoo removal with a physician's evaluation before the tattoo removal procedure;and
(ii) lymphatic massage by manual or other means as defined by rule.
(b) Notwithstanding the provisions of Subsection (31)(a), a master-level esthetician mayperform procedures listed in Subsection (31)(a)(i) for noncosmetic purposes if done under thesupervision of a licensed health care practitioner acting within the scope of the licensed healthcare practitioner's license as defined by rule.
(c) The term "practice of master-level esthetics" includes the practice of esthetics, but anindividual is not required to be licensed as an esthetician or master-level esthetician to engage inthe practice of threading.
(32) "Practice of nail technology" means to trim, cut, clean, manicure, shape, massage, orenhance 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 andremoval of sculptured or artificial nails.
(33) "Practice of nail technology instruction" means instructing nail technology in alicensed nail technician school, licensed cosmetology/barber school, or in an apprenticeshipprogram as defined in Subsection 58-11a-306(5).
(34) "Recognized barber school" means a barber school located in a state other thanUtah, whose students, upon graduation, are recognized as having completed the educationalrequirements for licensure in that state.
(35) "Recognized cosmetology/barber school" means a cosmetology/barber schoollocated in a state other than Utah, whose students, upon graduation, are recognized as havingcompleted the educational requirements for licensure in that state.
(36) "Recognized electrology school" means an electrology school located in a stateother than Utah, whose students, upon graduation, are recognized as having completed theeducational requirements for licensure in that state.
(37) "Recognized esthetics school" means an esthetics school located in a state other thanUtah, whose students, upon graduation, are recognized as having completed the educationalrequirements for licensure in that state.
(38) "Recognized nail technology school" means a nail technology school located in astate other than Utah, whose students, upon graduation, are recognized as having completed theeducational requirements for licensure in that state.
(39) "Salon" means a place, shop, or establishment in which cosmetology/barbering,esthetics, electrology, or nail technology is practiced.
(40) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-11a-502.
(41) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-11a-501 and asmay be further defined by rule by the division in collaboration with the board in accordance withTitle 63G, Chapter 3, Utah Administrative Rulemaking Act.
Amended by Chapter 145, 2010 General Session