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[Utah Administrative Code Table of Contents]
[Title R156. Table of Contents]
R156-11a-101 Title.
These rules are known as the "Cosmetologist/Barber Licensing Act Rules."
R156-11a-102 Definitions.
In addition to the definitions in Title 58, Chapters 1 and 11a, "unprofessional conduct" is further defined, in accordance with Subsection 58-1-203 (5), in Section R156-11a-502.
R156-11a-103 Authority - Purpose.
These rules are adopted by the division under the authority of Subsection 58-1-106 (1) to enable the division to administer Title 58, Chapter 11a.
R156-11a-104 Organization - Relationship to Rule R156-1.
The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.
R156-11a-301 Change of Legal Entity.
In accordance with Section 58-11a-301 , a school shall be required to submit a new application for licensure upon any change of legal entity status. The new legal entity may not engage in practice as a cosmetology/barber school until the application is approved and a license issued.
R156-11a-302a Qualifications for Licensure - Examination Requirements.
In accordance with Subsections 58-11a-302 (1)(e), 58-11a-302 (2)(d), 58-11a-302 (3)(f), and 58-11a-302 (4)(e), the examination requirements for licensure are established as follows:
(1) Applicants for licensure as a cosmetologist/barber shall:
(a) pass the Utah Law and Rules Examination with a score of at least 75%;
(b)(i) pass the Utah Theory Exam with a score of at least 75%; or
(ii) pass the National-Interstate Council of State Boards of Cosmetology National examination with a passing score as established by the Council of State Boards of Cosmetology; and
(c)(i) pass the Utah Practical Exam; or
(ii) have practiced as a licensed cosmetologist/barber in another state for a period of not less than 4,000 hours.
(2) Applicants for licensure as a cosmetologist/barber apprentice shall pass the Utah Law and Rules Examination with a passing score of at least 75%.
(3) Applicants for licensure as a cosmetologist/barber instructor shall pass the following:
(a) the Utah Cosmetologist/Barber Instructor Licensing Examination with a passing score of at least 75%; and
(b) the Utah Law and Rules Examination with a passing score of at least 75%.
(4) Applicants for licensure as an electrologist shall pass the following:
(a) the National-Interstate Council of State Boards of Cosmetology Electrologist test with a passing score as established by the Council of State Boards of Cosmetology; and
(b) the Utah Law and Rules Examination with a passing score of at least 75%.
R156-11a-303 Renewal Cycle - Procedures.
(1) In accordance with Subsection 58-1-308 (1), the renewal date for the two year renewal cycle applicable to licenses and certificates under Title 58, Chapter 11a is established by rule in Section R156-1-308.
(2) Renewal procedures shall be in accordance with Section R156-1-308.
R156-11a-502 Unprofessional Conduct.
"Unprofessional conduct" includes:
(a) failing to provide direct supervision of an apprentice, cosmetology/barber student, or student instructor;
(b) failing to obtain accreditation as a cosmetology/barber school within the specified time;
(c) failing to maintain accreditation as a cosmetology/barber school after having been approved for accreditation;
(d) failing to comply with the standards of accreditation applicable to cosmetology/barber schools;
(e) failing to provide adequate instruction or training as applicable to a cosmetology/barber school or apprentice supervisor;
(f) failing to comply with Title 26 of the Utah Health Code; and
(g) failing to comply with the apprentice program requirements as set forth in Section R156-11a-701.
R156-11a-601 Standard for Accreditation.
In accordance with Subsections 58-11a-302 (5)(c)(iii) and 58-11a-302 (5)(c)(iv), the accreditation standards for cosmetology/barber schools include:
(1) Each school shall be required to become accredited by:
(a) the National Accrediting Commission of Cosmetology Arts and Sciences (NACCAS); or
(b) other accrediting commissions recognized by the Utah Board of Regents for post secondary schools.
(2) Each school shall maintain and keep the accreditation current.
(3) A new school shall submit an application for accreditation within 20 months of the date the school was licensed.
(4) The school shall have 24 months following the date the application for accreditation was submitted to be approved for accreditation.
(5) Each school shall at all times comply with the standards for cosmetology/barber schools set by the National Accrediting Commission of Cosmetology Arts and Sciences (NACCAS).
R156-11a-602 Standards for the Physical Facility.
In accordance with Subsection 58-11a-302 (5)(c)(iii), the standards for the physical facility of a cosmetology/barber school shall be:
(1) the standards established by the National Accrediting Commission of Cosmetology Arts and Sciences (NACCAS) 1996-1997 Handbook, Section 8, Standards and Criteria for Instructional Space and Facilities, which is hereby incorporated by reference; or
(2) the standards established by other accrediting commissions recognized by the Utah Board of Regents for post secondary schools, standards for physical facilities.
R156-11a-603 Standard for a Student Kit.
(1) In accordance with Subsection 58-11a-302 (5)(c)(iv), schools shall provide a list of all basic kit supplies needed by each student.
(2) The basic kit may be supplied by the school or purchased independently by the student.
R156-11a-604 Standard for Administration of the Utah Practical Examination.
(1) In accordance with Subsection 58-11a-302 (5)(c)(iv), schools shall administer the Utah Practical Examination which students must pass as a condition of graduation.
(2) The school shall provide the results of the examination to the division upon forms prescribed by the division.
R156-11a-605 Standard for Prohibition Against Operation as a Salon.
(1) In accordance with Subsection 58-11a-302 (5)(c)(iv), schools shall not operate as a salon.
(2) Any salon operating within the close proximity of a school shall have a separate entrance and shall not share any floor space, facilities or equipment.
R156-11a-606 Standards for Protection of Students.
In accordance with Subsection 58-11a-302 (5)(c)(iv), standards for the protection of students shall include the following:
(1) In the event a school ceases to operate for any reason, the school shall notify the division within 15 days by registered or certified mail and shall name a trustee who will be responsible to maintain the student records. Upon request, the trustee shall provide information such as accumulated student hours and dates of attendance.
(2) Schools shall not use students to perform maintenance, janitorial or remodel work such as scrubbing floor, walls or toilets, cleaning windows, waxing floors, painting, decorating, or performing any outside work on the grounds or building. Students may be required to clean up after themselves and to perform or participate in daily cleanup of work stations, shampoo bowls, laundering of towels and linen and other general cleanup duties that are related to the performance of client services.
(3) Schools shall not require students to sell cosmetology/barber products for the school as a condition to graduate, but may provide instruction in cosmetology/barber products sales techniques as part of their curriculum.
(4) Schools shall keep a written daily log of student attendance at the beginning and end of each break.
(5) Schools shall not be permitted to remove hours earned by a student. If a student is late for class, the school may require the student to retake the class before giving credit for the class.
R156-11a-607 Standards for Protection of Schools.
In accordance with Subsection 58-11a-302 (5)(c)(iv), standards for the protection of schools shall include the following:
(1) Schools shall not be required to release documentation of hours earned to a student until the student has paid the tuition or fees owed to the school as provided in the terms of the contract.
(2) Schools may accept transfer students. Schools shall determine the amount of hours to be accepted toward graduation based upon an evaluation of the student's level of training.
R156-11a-608 Standards for a Written Contract.
(1) In accordance with Subsection 58-11a-302 (5)(c)(iv), schools shall complete a written contract with each student prior to admission.
(2) Each contract shall contain, as a minimum:
(a) the current status of the school's accreditation;
(b) rules of conduct;
(c) attendance requirements;
(d) provisions for make up work;
(e) grounds for probation, suspension or dismissal; and
(f) a detailed fee schedule which shall include the student's financial responsibility upon voluntarily leaving the school or upon being suspended from the school.
(3) The school shall maintain a copy of the contract on file for each student and shall provide a copy of the contract to the division upon request.
R156-11a-609 Standards for Staff Requirements of Cosmetologyst/Barber Schools.
In accordance with Subsection 58-11a-302 (5)(c)(iv), the staff requirement for cosmetology/barber schools shall be as follows:
(1) Schools shall be required to have as a minimum, one licensed instructor for every 20 students, or fraction thereof, present in the school. Special guest speakers shall not reduce the number of licensed instructors required to be present.
(2) Schools may give credit for special workshops, training seminars, competitions, or may invite special guest speakers who are not licensed cosmetologist/barbers or licensed instructors, to provide instruction or give practical demonstrations to supplement the curriculum, as long as a licensed instructor is present.
(3) Student instructors shall not be counted as part of the instructor staff.
R156-11a-701 Cosmetologist/Barber Apprenticeship Requirements.
In accordance with Subsection 58-11a-102 (1), the requirements for an apprenticeship shall include the following:
(1) The supervisor shall have only one apprentice at a time.
(2) There shall be a conspicuous sign near the work station of the apprentice stating "Apprentice in Training".
(3) The supervisor and apprentice shall keep a daily record which shall include the hours of theory instruction, the hours of practical instruction, the number and type of client services performed, and other services which will document the total number of hours of training. Said log shall be available to the division upon request.
(4) A complete set of cosmetology/barber texts shall be available to the apprentice.
(5) An apprentice may be compensated for services performed.
(6) Hours obtained while attending a cosmetology/barber school shall not be used to satisfy the required 2500 hours of apprentice training.
R156-11a-801 Electrology Curriculum.
In accordance with Subsection 58-11a-302 (4)(d), the 500 hours electrology curriculum shall include the following:
(1) Introduction
(a) history of electrology;
(b) overview of curriculum; and
(c) study skills.
(2) Basic Science and Anatomy
(a) medical definitions and diagnosis;
(b) structure and function of the skin;
(c) structure and function of hair;
(d) prescription drugs affecting hair growth; and
(e) contraindications.
(3) Endocrinology
(a) physiology of the glandular system;
(b) common disorders; and
(c) puberty, pregnancy and menopause.
(4) Dermatology
(a) common skin infections, diseases and disorders; and
(b) basal cell, squamous cell and melanoma carcinomas.
(5) Neurology
(a) physiology of the nervous system;
(b) anesthetics: over-the-counter and prescription; and
(c) carpal tunnel syndrome.
(6) Angiology
(a) physiology of the circulatory system; and
(b) physiology of the immune system.
(7) Psychology
(a) client's self-perception and concerns;
(b) aesthetic/cosmetic electrolysis;
(c) gender considerations; and
(d) gender dysphoric clients.
(8) Practical Analysis
(a) evaluating the characteristics of skin;
(b) evaluating the characteristics of hair growth;
(c) needle/probe types, features and selection;
(d) insertions, considerations and accuracy; and
(e) one and two handed techniques.
(9) Infection and Disease Control
(a) pathogenic bacteria and non bacterial causes;
(b) American Electrology Association (AEA) infection control standards;
(c) aseptic techniques and sanitary procedures;
(d) sterilization methods and procedures; and
(e) health risks to the electrologist.
(10) Principles of Electricity and Equipment
(a) currents, measurement and classification;
(b) FDA Class 1 needle type epilation equipment;
(c) FDA Class 3 hair removal devices; and
(d) laser technologies for hair removal.
(11) Modalities for Needle Type Electrolysis
(a) galvanic multi needle technique;
(b) thermolysis manual technique;
(c) thermolysis flash technique;
(d) blend and progressive epilation technique;
(e) face and body treatments; and
(f) epilator operation.
(12) Clinical Procedures
(a) scheduling and time management;
(b) client clinical records;
(c) consultations;
(d) health/medical history;
(e) pre and post treatment skin care;
(f) normal healing skin effects;
(g) tissue injury and complications;
(h) treating ingrown hairs;
(i) evaluation of treatments/regrowth;
(j) positioning and draping; and
(k) stress and relaxation techniques.
(13) Professionalism
(a) image and hygiene;
(b) interpersonal skills;
(c) personal conduct;
(d) business ethics;
(e) telephone inquiries; and
(f) developing referral systems.
(14) Business Management
(a) Business Plan:
(i) business description;
(ii) marketing/advertising;
(iii) financial management; and
(iv) management plan.
(b) regulatory agencies/business licenses;
(c) tax laws and basic accounting;
(d) malpractice liability, and property insurance;
(e) computer programs designed for the electrology business;
(f) affiliation with professional associations; and
(g) continued education sources.
(15) Equipment Operation and Maintenance
(a) epilators and accessories care; and
(b) other equipment, instruments and spare parts.
(16) State Board Exams Review
(a) state rules and regulations;
(b) practical exam;
(c) National Assessment Institute (NAI) electrolysis theory; and
(d) course completion verification.
[Indexing]
KEY: licensing, barbers, cosmetologists*
August 15, 1997
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
58-11a-101
58-1-106
(1)
58-1-202
(1)
