58-11a-502. Unlawful conduct. Unlawful conduct includes:
| (1) |
practicing or engaging in, or attempting to practice or engage in activity for which a license is required under this chapter unless:
Terms Used In Utah Code 58-11a-502- 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.
- Guardian: includes a person who:Utah Code 68-3-12.5
- Person: means :Utah Code 68-3-12.5
- Salon: means a place, shop, or establishment in which cosmetology/barbering, esthetics, electrology, or nail technology is practiced. See Utah Code 58-11a-102
- 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
- Writing: includes :Utah Code 68-3-12.5
| (a) |
the person holds the appropriate license under this chapter; or |
|
| (2) |
touching, or applying an instrument or device to the following areas of a client’s body:
| (a) |
the genitals or the anus, except in cases where the patron states to a licensee that the patron requests a hair removal procedure and signs a written consent form, which must also include the witnessed signature of a legal guardian if the patron is a minor, authorizing the licensee to perform a hair removal procedure; or |
| (b) |
the breast of a female patron, except in cases in which the female patron states to a licensee that the patron requests breast skin procedures and signs a written consent form, which must also include the witnessed signature of a parent or legal guardian if the patron is a minor, authorizing the licensee to perform breast skin procedures; |
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| (3) |
using or possessing a solution composed of at least 10% methyl methacrylete on a client; |
| (4) |
performing an ablative procedure as defined in Section 58-67-102; |
| (5) |
when acting as an instructor regarding a service requiring licensure under this chapter, for a class or education program where attendees are not licensed under this chapter, failing to inform each attendee in writing that:
| (a) |
taking the class or program without completing the requirements for licensure under this chapter is insufficient to certify or qualify the attendee to perform a service for compensation that requires licensure under this chapter; and |
| (b) |
the attendee is required to obtain licensure under this chapter before performing the service for compensation; or |
|
| (6) |
failing as a salon or school where nail technology is practiced or taught to maintain a source capture system required under Title 15A, State Construction and Fire Codes Act, including failing to maintain and clean a source capture system’s air filter according to the manufacturer’s instructions. |
Amended by Chapter 339, 2020 General Session
