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;

(8)  failing to comply with Title 26B, Utah Health and Human Services Code;

(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