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 48-2e-1156
  • 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
(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 26, Utah Health 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 238, 2016 General Session
Amended by Chapter 274, 2016 General Session