58-11a-501. Unprofessional conduct. Unprofessional conduct includes:
(1) |
failing as a licensed school to obtain or maintain accreditation as required by rule; |
Terms Used In Utah Code 58-11a-501
- Barber: means a person who is licensed under this chapter to engage in the practice of barbering. See Utah Code 58-11a-102
- Direct supervision: means that the supervisor of an apprentice or the instructor of a student is immediately available for consultation, advice, instruction, and evaluation. 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.
- 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
- Salon: means a place, shop, or establishment in which cosmetology/barbering, esthetics, electrology, or nail 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) |
failing as a licensed school to comply with the standards of accreditation applicable to such schools; |
(3) |
failing as a licensed school to provide adequate instruction to enrolled students; |
(4) |
failing as an apprentice supervisor to provide direct supervision to the apprentice; |
(5) |
failing as an instructor to provide direct supervision to students who are providing services to an individual under the instructor’s supervision; |
(6) |
failing as an apprentice supervisor to comply with division rules relating to apprenticeship programs under this chapter; |
(7) |
keeping a salon or school, its furnishing, tools, utensils, linen, or appliances in an unsanitary condition; |
(9) |
failing to display licenses or certificates as required under Section 58-11a-305; |
(10) |
failing to comply with physical facility requirements established by rule; |
(11) |
failing to maintain mechanical or electrical equipment in safe operating condition; |
(12) |
failing to adequately monitor patrons using steam rooms, dry heat rooms, baths, showers, or saunas; |
(13) |
prescribing or administering prescription drugs; |
(14) |
failing to comply with all applicable state and local health or sanitation laws; |
(15) |
engaging in any act or practice in a professional capacity that is outside the applicable scope of practice; |
(16) |
engaging in any act or practice in a professional capacity which the licensee is not competent to perform through education or training; |
(17) |
in connection with the use of a chemical exfoliant, unless under the supervision of a licensed health care practitioner acting within the scope of his or her license:
(a) |
using any acid, concentration of an acid, or combination of treatments which violates the standards established by rule; |
(b) |
removing any layer of skin deeper than the stratum corneum of the epidermis; or |
(c) |
using an exfoliant that contains phenol, TCA acid of over 15%, or BCA acid; |
|
(18) |
in connection with the sanding of the skin, unless under the supervision of a licensed health care practitioner acting within the scope of his or her license, removing any layer of skin deeper than the stratum corneum of the epidermis; |
(19) |
using as a barber, cosmetologist/barber, or nail technician any laser procedure or intense, pulsed light source, except that nothing in this chapter precludes an individual licensed under this chapter from using a nonprescriptive laser device; or |
(20) |
failing to comply with a judgment order from a court of competent jurisdiction resulting from the failure to pay outstanding tuition or education costs incurred to comply with this chapter. |
Amended by Chapter 328, 2023 General Session