reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 6 - Control of Disposition › Section 608 - Recordkeeping.

58-9-608.
Recordkeeping.
(1)
(a) A funeral service establishment shall furnish to the person who delivers human remains to the establishment for cremation a receipt signed by a representative of the establishment and the person making the delivery, showing:
(i) the date and time of the delivery;
(ii) the type of casket or alternative container delivered;
(iii) the name of the person from whom the human remains were received;
(iv) the name of the funeral establishment or other entity with whom the person making the delivery is affiliated;
(v) the name of the person who received the human remains on behalf of the funeral service establishment; and
(vi) the name of the decedent.
(b) The funeral service establishment shall keep a copy of the receipt in its permanent records for a period of seven years.
(2)
(a) Upon release of cremated remains, a funeral service establishment shall furnish to the person who receives the cremated remains a receipt signed by a representative of the funeral service establishment and the person who receives the remains, showing:
(i) the date and time of the release;
(ii) the name of the person to whom the cremated remains were released; and
(iii) if applicable:
(A) the name of the funeral establishment, cemetery, or other entity with whom the person receiving the cremated remains is affiliated;
(B) the name of the person who released the cremated remains on behalf of the funeral service establishment; and
(C) the name of the decedent.
(b)
(i) The receipt shall contain a representation from the person receiving the cremated remains confirming that the remains will not be used for any improper purpose.
(ii) Upon release of the cremated remains, the person to whom the remains were released may transport them in any manner in the state, without a permit, and dispose of them in accordance with this chapter.
(c) The funeral service establishment shall retain a copy of the receipt in its permanent records for a period of seven years.
(3)
(a) The funeral service establishment shall maintain at its place of business a permanent record of each cremation that took place at its crematory.
(b) The permanent record shall contain:
(i) the name of the decedent;
(ii) the date of cremation;
(iii) the final disposition of the cremated remains; and
(iv) any other document required by this chapter.
Enacted by Chapter 353, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 6 - Control of Disposition › Section 609 - Cremation containers.

58-9-609.
Cremation containers.
(1)
(a) Except as provided in Subsection (2), a funeral service establishment may not make or enforce a rule requiring that human remains be:
(i) placed in a casket before cremation; or
(ii) cremated in a casket.
(b) A funeral service establishment may not refuse to accept human remains for cremation because they are not in a casket.
(2)
(a) Human remains must be delivered to a crematory in a casket or cremation container.
(b) Human remains may not be removed from a casket or cremation container once delivered to the crematory, and the casket or cremation container shall be cremated with the human remains, unless:
(i) the funeral service establishment has been provided with written instructions to the contrary by the authorizing agent; or
(ii) the funeral service establishment does not accept metal caskets for cremation.
Enacted by Chapter 353, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 6 - Control of Disposition › Section 611 - Disposition of cremated remains.

Effective 5/8/2018
58-9-611.
Disposition of cremated remains.
(1)
(a) An authorizing agent shall provide the person with whom cremation arrangements are made with a signed statement specifying the final disposition of the cremated remains, if known.
(b) The funeral services establishment shall retain a copy of the statement.
(2)
(a) The authorizing agent is responsible for the disposition of the cremated remains.
(b) If the authorizing agent or the agent's representative has not specified the ultimate disposition of or claimed the cremated remains within 60 days from the date of the cremation, the funeral service establishment may dispose of the remains in any manner permitted by law, except scattering.
(c) The authorizing agent shall reimburse the funeral services establishment for all reasonable costs incurred in disposing of the cremated remains under Subsection (2)(b).
(d) The person or entity disposing of cremated remains under this section:
(i) shall make and keep a record of the disposition of the remains; and
(ii) is discharged from any legal obligation or liability concerning the remains once the disposition has been made.
(e) Subsection (2)(d)(ii) applies to cremated remains in the possession of a funeral services establishment or other responsible party as of May 5, 2008, or any time after that date.
(3)
(a) An authorizing agent may direct a funeral service establishment to dispose of or arrange for the disposition of cremated remains:
(i) in a crypt, niche, grave, or scattering garden located in a dedicated cemetery;
(ii) by scattering the cremated remains over uninhabited public land, the sea, or other public waterways subject to health and environmental laws and regulations; or
(iii) in any manner on the private property of a consenting owner.
(b) If cremated remains are to be disposed of on private property, other than dedicated cemetery property, the authorizing agent shall provide the funeral service establishment with the written consent of the property owner prior to disposal of the remains.
(c) In order to scatter cremated remains under Subsection (3)(a)(ii) or (iii), the remains must be reduced to a particle size of one-eighth inch or less and removed from their closed container.
(4) A funeral service establishment may not release cremated remains for scattering under this section to the authorizing agent or the agent's designated representative until the funeral service establishment is given a receipt that shows the proper filing has been made with the local registrar of births and deaths.
Amended by Chapter 326, 2018 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 6 - Control of Disposition › Section 612 - Limitation of liability.

58-9-612.
Limitation of liability.
(1) An authorizing agent who signs a cremation authorization form warrants the truthfulness of the facts set forth on the form, including:
(a) the identity of the deceased whose remains are to be cremated; and
(b) the authorizing agent's authority to order the cremation.
(2) A funeral service establishment may rely upon the representations made by an authorizing agent under Subsection (1).
(3) The authorizing agent is personally and individually liable for all damage resulting from a misstatement or misrepresentation made under Subsection (1).
(4)
(a) A funeral service establishment may arrange for the cremation of and cremate human remains upon receipt of a cremation authorization form signed by an authorizing agent.
(b) A funeral service establishment that arranges a cremation, cremates human remains, or releases or disposes of cremated human remains pursuant to a cremation authorization form is not liable for an action it takes pursuant to that authorization.
(5) A funeral service establishment is not responsible or liable for any valuables delivered to the establishment with human remains to be cremated.
(6) A funeral service establishment may refuse to arrange for a cremation, to accept human remains for cremation, or to perform a cremation:
(a) if the establishment is aware of a dispute concerning the cremation of the human remains and it has not received a court order or other suitable confirmation that the dispute has been resolved;
(b) if the establishment has a reasonable basis for questioning any of the representations made by an authorizing agent; or
(c) for any other lawful reason.
(7)
(a) If a funeral service establishment is aware of a dispute concerning the release or disposition of cremated remains in its possession, the establishment may refuse to release the remains until:
(i) the dispute has been resolved; or
(ii) it has received a court order authorizing the release or disposition of the remains.
(b) A funeral service establishment is not liable for its refusal to release or dispose of cremated remains in accordance with this Subsection (7).
Enacted by Chapter 353, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 6 - Control of Disposition › Section 614 - Recordkeeping.

Effective 5/8/2018
58-9-614.
Recordkeeping.
(1)
(a) A funeral service establishment shall furnish to the person who delivers human remains to the establishment for alkaline hydrolysis a receipt signed by a representative of the establishment and the person making the delivery, showing:
(i) the date and time of the delivery;
(ii) the type of casket or alternative container delivered;
(iii) the name of the person from whom the human remains were received;
(iv) the name of the funeral establishment or other entity with whom the person making the delivery is affiliated;
(v) the name of the person who received the human remains on behalf of the funeral service establishment; and
(vi) the name of the decedent.
(b) The funeral service establishment shall keep a copy of the receipt in the funeral service establishment's permanent records for a period of seven years.
(2)
(a) Upon release of human remains after alkaline hydrolysis, a funeral service establishment shall furnish to the person who receives the human remains a receipt signed by a representative of the funeral service establishment and the person who receives the human remains, showing:
(i) the date and time of the release;
(ii) the name of the person to whom the human remains were released; and
(iii) if applicable:
(A) the name of the funeral establishment, cemetery, or other entity with whom the person receiving the human remains is affiliated;
(B) the name of the person who released the human remains on behalf of the funeral service establishment; and
(C) the name of the decedent.
(b)
(i) The receipt shall contain a representation from the person receiving the human remains confirming that the remains will not be used for any improper purpose.
(ii) Upon release of the human remains, the person to whom the human remains were released may transport the human remains in any manner in the state, without a permit, and dispose of the human remains in accordance with this chapter.
(c) The funeral service establishment shall retain a copy of the receipt in the funeral service establishment's permanent records for a period of seven years.
(3)
(a) The funeral service establishment shall maintain at the funeral service establishment's place of business a permanent record of each disposition by alkaline hydrolysis that took place at the funeral service establishment.
(b) The permanent record shall contain:
(i) the name of the decedent;
(ii) the date of disposition by alkaline hydrolysis;
(iii) the final disposition of the human remains; and
(iv) any other document required by this chapter.
Enacted by Chapter 326, 2018 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 6 - Control of Disposition › Section 615 - Accepting remains for alkaline hydrolysis.

Effective 5/8/2018
58-9-615.
Accepting remains for alkaline hydrolysis.
(1) A funeral service establishment may not make or enforce a rule requiring that human remains be placed in a casket before alkaline hydrolysis.
(2) A funeral service establishment may not refuse to accept human remains for alkaline hydrolysis because the human remains are not in a casket.
Enacted by Chapter 326, 2018 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 6 - Control of Disposition › Section 617 - Final disposition of remains from the alkaline hydrolysis process.

Effective 5/8/2018
58-9-617.
Final disposition of remains from the alkaline hydrolysis process.
(1)
(a) An authorizing agent shall provide the person with whom alkaline hydrolysis arrangements are made with a signed statement specifying the final disposition of the remains from the alkaline hydrolysis process, if known.
(b) The funeral service establishment shall retain a copy of the statement.
(2)
(a) The authorizing agent is responsible for the final disposition of the remains from the alkaline hydrolysis process.
(b) If the authorizing agent or the agent's representative has not specified the ultimate disposition of or claimed the remains from the alkaline hydrolysis process within 60 days from the date of the alkaline hydrolysis process, the funeral service establishment may dispose of the remains in any manner permitted by law, except scattering.
(c) The authorizing agent shall reimburse the funeral service establishment for all reasonable costs incurred in disposing of the remains from the alkaline hydrolysis process under Subsection (2)(b).
(d) The person or entity disposing of remains from the alkaline hydrolysis process under this section:
(i) shall make and keep a record of the final disposition of the remains; and
(ii) is discharged from any legal obligation or liability concerning the remains once the final disposition has been made.
(3)
(a) An authorizing agent may direct a funeral service establishment to dispose of or arrange for the final disposition of remains from the alkaline hydrolysis process:
(i) in a crypt, niche, grave, or scattering garden located in a dedicated cemetery;
(ii) by scattering the remains over uninhabited public land, the sea, or other public waterways subject to health and environmental laws and regulations; or
(iii) in any manner on the private property of a consenting owner.
(b) If remains from the alkaline hydrolysis process are to be disposed of on private property, other than dedicated cemetery property, the authorizing agent shall provide the funeral service establishment with the written consent of the property owner before disposal of the remains.
(c) In order to scatter remains from the alkaline hydrolysis process under Subsection (3)(a)(ii) or (iii), the remains must be reduced to a particle size of one-eighth inch or less and removed from the remains' closed container.
(4) Under this section, a funeral service establishment may not release remains from the alkaline hydrolysis process to the authorizing agent or the agent's designated representative for scattering until the funeral service establishment is given a receipt that shows the proper filing has been made with the local registrar of births and deaths.
Enacted by Chapter 326, 2018 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 6 - Control of Disposition › Section 618 - Limitation of liability.

Effective 5/8/2018
58-9-618.
Limitation of liability.
(1) An authorizing agent who signs an alkaline hydrolysis authorization form warrants the truthfulness of the facts set forth on the form, including:
(a) the identity of the deceased whose remains are to undergo the alkaline hydrolysis process; and
(b) the authorizing agent's authority to order the alkaline hydrolysis process.
(2) A funeral service establishment may rely upon the representations made by an authorizing agent under Subsection (1).
(3) The authorizing agent is personally and individually liable for all damage resulting from a misstatement or misrepresentation made under Subsection (1).
(4)
(a) A funeral service establishment may arrange for the alkaline hydrolysis process upon receipt of an alkaline hydrolysis authorization form signed by an authorizing agent.
(b) A funeral service establishment that arranges the alkaline hydrolysis process or releases or disposes of human remains from the alkaline hydrolysis process pursuant to an alkaline hydrolysis authorization form is not liable for an action the funeral service establishment takes pursuant to that authorization.
(5) A funeral service establishment is not responsible or liable for any valuables delivered to the establishment with human remains.
(6) A funeral service establishment may refuse to arrange for the alkaline hydrolysis process of a decedent, to accept human remains for the alkaline hydrolysis process, or to perform the alkaline hydrolysis process:
(a) if the establishment is aware of a dispute concerning the disposition of the human remains and the funeral service establishment has not received a court order or other suitable confirmation that the dispute has been resolved;
(b) if the establishment has a reasonable basis for questioning any of the representations made by an authorizing agent; or
(c) for any other lawful reason.
(7)
(a) If a funeral service establishment is aware of a dispute concerning the release or disposition of remains from the alkaline hydrolysis process in the funeral service establishment's possession, the establishment may refuse to release the remains until:
(i) the dispute has been resolved; or
(ii) the funeral service establishment has received a court order authorizing the release or disposition of the remains.
(b) A funeral service establishment is not liable for its refusal to release or dispose of remains from the alkaline hydrolysis process in accordance with this Subsection (7).
Enacted by Chapter 326, 2018 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 6 - Control of Disposition › Section 619 - Exception for disposition of fetal remains.

Effective 5/12/2020
58-9-619.
Exception for disposition of fetal remains.
(1) As used in this section, "fetal remains" means the same as that term is defined in Section 26B-8-101.
(2) Notwithstanding any other provision in this part, a funeral service establishment:
(a) is exempt from any requirement to name the miscarried fetus or the aborted fetus:
(i) for the purpose of identifying the fetal remains; or
(ii) for any record keeping requirements under this chapter; and
(b) is not required to obtain a death certificate or fetal death certificate for the cremation or disposition of fetal remains that are less than 20 weeks in gestational age.
Enacted by Chapter 251, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 7 - Preneed Funeral Arrangement Requirements › Section 702 - Payments to be held in trust -- Trustee qualifications.

58-9-702.
Payments to be held in trust -- Trustee qualifications.
(1) All money representing payments for the purchase of a preneed funeral arrangement shall be deposited by the provider or sales agent receiving the payment:
(a) within 10 business days after the day on which the provider or sales agent receives the payment in the form of cash or cash equivalent; or
(b) within 35 calendar days after the day on which the provider or sales agent receives the payment in the form of a negotiable instrument.
(2) All money received under Subsection (1) shall be placed in a trust account naming as trustee a Utah financial institution authorized to engage in the trust business under Title 7, Chapter 5, Trust Business.
Enacted by Chapter 49, 2003 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 7 - Preneed Funeral Arrangement Requirements › Section 703 - Trust agreement.

58-9-703.
Trust agreement.
(1) Each trust established by a funeral service establishment shall be administered in accordance with a trust agreement conforming with:
(a) the requirements of this chapter;
(b) rules adopted with respect to this chapter;
(c) the provisions of Title 75, Chapter 7, Utah Uniform Trust Code; and
(d) all other state and federal laws applicable to trusts and trust agreements.
(2) Each trust agreement shall require that the funeral service establishment maintain a copy of the trust agreement until five years after all of its obligations under the trust agreement have been executed or transferred.
(3) Each trust agreement shall require that the trustee:
(a) separately account for each contract; and
(b) separately record payments with respect to each contract made into the corpus of the trust.
(4) Each trust agreement shall provide for distributions from the trust in accordance with the provisions of this chapter upon:
(a) the death of the beneficiary;
(b) revocation of the contract by the funeral service establishment upon nonpayment by the buyer; or
(c) revocation of the contract by the beneficiary or buyer.
Amended by Chapter 144, 2007 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 7 - Preneed Funeral Arrangement Requirements › Section 704 - Interest earned on trust funds.

58-9-704.
Interest earned on trust funds.
Interest earned on trust funds shall be available for expenditure according to the following priority:
(1) to pay the reasonable trustee expenses of administering the trust within a maximum amount established by rule;
(2) to pay within a maximum amount established by rule under Section 58-9-504 the reasonable provider expenses associated with:
(a) the sale of the plan;
(b) administering the collection, remittance, and accounting of the amount of payments made into the corpus of the trust; and
(c) reporting required with respect to those contracts:
(i) that have been sold; and
(ii) under which the provider is obligated;
(3) to pay the costs of providing any of the following for which the provider is obligated under a specific outstanding preneed funeral arrangement contract:
(a) personal property; and
(b) services at need; and
(4) to pay the provider available funds left in the individual trust account after:
(a) all costs of providing personal property and services for which the provider is obligated under the contract underlying the trust; or
(b)
(i) the contract is canceled as provided under this chapter; and
(ii) all amounts payable to the buyer, beneficiary, or any other person have been paid in full.
Enacted by Chapter 49, 2003 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 7 - Preneed Funeral Arrangement Requirements › Section 705 - Distribution of funds.

58-9-705.
Distribution of funds.
(1) Interest earned on trust funds shall be available to the provider according to the priority set forth in Section 58-9-704.
(2) The amount of payments made into the corpus of the trust and any other amount which has been paid into the corpus of the trust shall be paid to the provider in the amount credited to a specific account upon the event of one of the following:
(a) the death of the beneficiary which shall be demonstrated to the trustee by the provider by furnishing to the trustee:
(i) a request for payment from the trust; and
(ii) a certified copy of the death certificate of the beneficiary; or
(b) revocation of the preneed funeral arrangement contract by either the provider or the buyer according to the terms and conditions of the contract, which shall be demonstrated to the trustee by the provider by furnishing to the trustee satisfactory evidence that:
(i) the contract has been revoked; and
(ii) the provider has paid all funds due to the buyer or beneficiary.
(3) Upon an order of a court having jurisdiction, all amounts that have been paid into the corpus of the trust shall be paid to the buyer or beneficiary in the event of:
(a) a judgment to the benefit of a buyer or beneficiary upon a finding that:
(i) the provider is in substantial breach of the contract; or
(ii) there is substantial evidence that the provider is or will be unable to provide the personal property or services to the beneficiary under the contract;
(b) a judgment of bankruptcy against the provider; or
(c) a finding by the court that determines the funds should be rightfully returned to the buyer or beneficiary.
Amended by Chapter 353, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 7 - Preneed Funeral Arrangement Requirements › Section 706 - Trust funds and insurance reports.

58-9-706.
Trust funds and insurance reports.
(1)
(a) Each funeral service establishment shall maintain an annual report of preneed trust funds and insurance.
(b) The report shall contain:
(i) the name of the trustees with which the funeral service establishment has trust funds on deposit; and
(ii) the amount remaining on deposit in the trust fund on:
(A) December 31 of the preceding year; or
(B) another annual reporting period as the division may establish.
(2) Each funeral service establishment may be audited by the division at any time.
Amended by Chapter 144, 2007 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 7 - Preneed Funeral Arrangement Requirements › Section 707 - Records of trustee -- Contents.

58-9-707.
Records of trustee -- Contents.
(1) The trustee shall keep an orderly record of all agreements.
(2) The record shall contain:
(a) the name and address of the person making a payment;
(b) the date and the amount of each payment made;
(c) the date and amount of each withdrawal and to whom paid; and
(d) the name of the bank or trust company depository.
Amended by Chapter 144, 2007 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 7 - Preneed Funeral Arrangement Requirements › Section 708 - Audits.

58-9-708.
Audits.
(1)
(a) The division may at any time:
(i) audit records of the provider; and
(ii) inspect records of the provider.
(b) The provider or trustee shall make available to the division for examination, inspection, or auditing all records pertaining to the accounts relating to:
(i) any contract sold under this chapter; and
(ii) any trust established under this chapter.
(2)
(a) The director may employ experts from outside the division if special need exists to perform examinations, inspections, and audits under this section.
(b) The provider shall be responsible for payment to the division of all reasonable and necessary costs related to the employment of experts under this section.
Enacted by Chapter 49, 2003 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 11a - Cosmetology and Associated Professions Licensing Act › Part 1 - General Provisions › Section 101 - Title.

Effective 5/9/2017
58-11a-101.
Title.
This chapter is known as the "Cosmetology and Associated Professions Licensing Act."
Amended by Chapter 342, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 11a - Cosmetology and Associated Professions Licensing Act › Part 1 - General Provisions › Section 103 - Education and enforcement fund.

Effective 5/9/2017
58-11a-103.
Education and enforcement fund.
(1) There is created an expendable special revenue fund known as the "Cosmetology and Associated Professions Education and Enforcement Fund."
(2) The fund consists of money from administrative penalties collected pursuant to this chapter.
(3) The fund shall earn interest and all interest earned on fund money shall be deposited into the fund.
(4) The director may, with concurrence of the board, make distributions from the fund for the following purposes:
(a) education and training of licensees under this chapter;
(b) education and training of the public or other interested persons in matters concerning the laws governing the practices licensed under this chapter; and
(c) enforcement of this chapter by:
(i) investigating unprofessional or unlawful conduct; and
(ii) providing legal representation to the division when the division takes legal action against a person engaging in unprofessional or unlawful conduct.
(5) The division shall report annually to the appropriate appropriations subcommittee of the Legislature concerning the fund.
Amended by Chapter 342, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 11a - Cosmetology and Associated Professions Licensing Act › Part 2 - Board › Section 201 - Board.

Effective 5/9/2017
58-11a-201.
Board.
(1) There is created the Cosmetology and Associated Professions Licensing Board consisting of the following nine members:
(a) one barber or cosmetologist/barber;
(b)
(i) one barber or cosmetologist/barber instructor; or
(ii) one representative of a licensed barber or cosmetology/barber school;
(c) one master esthetician;
(d)
(i) one esthetician instructor; or
(ii) one representative of a licensed esthetics school;
(e) one nail technician;
(f)
(i) one nail technician instructor; or
(ii) one representative of a licensed nail technician school;
(g) one electrologist; and
(h) two members from the general public.
(2)
(a) The board shall be appointed and serve in accordance with Section 58-1-201.
(b)
(i) At least one of the members of the board appointed under Subsections (1)(b), (d), and (f) shall be an instructor at or a representative of a public school.
(ii) At least one of the members of the board appointed under Subsections (1)(b), (d), and (f) shall be an instructor at or a representative of a private school.
(3) The duties and responsibilities of the board are in accordance with Sections 58-1-202 and 58-1-203. In addition, the board shall designate one of its members on a permanent or rotating basis to:
(a) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and
(b) advise the division in its investigation of these complaints.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised in its investigation may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
Amended by Chapter 342, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 11a - Cosmetology and Associated Professions Licensing Act › Part 3 - Licensing › Section 301 - Licensure required -- License classifications.

Effective 5/9/2017
58-11a-301.
Licensure required -- License classifications.
(1) Except as specifically provided in Section 58-1-307 or 58-11a-304, a license is required to:
(a) engage in the practice of:
(i) barbering;
(ii) barbering instruction;
(iii) cosmetology/barbering;
(iv) cosmetology/barbering instruction;
(v) electrology;
(vi) electrology instruction;
(vii) esthetics;
(viii) master-level esthetics;
(ix) esthetics instruction;
(x) hair design;
(xi) hair design instruction;
(xii) nail technology; or
(xiii) nail technology instruction; or
(b) operate:
(i) a barbering school;
(ii) a cosmetology/barbering school;
(iii) an electrology school;
(iv) an esthetics school;
(v) a hair design school; or
(vi) a nail technology school.
(2) The division shall issue to a person who qualifies under this chapter a license in the following classifications:
(a) barber;
(b) barber instructor;
(c) barber school;
(d) cosmetologist/barber;
(e) cosmetologist/barber instructor;
(f) cosmetology/barber school;
(g) electrologist;
(h) electrologist instructor;
(i) electrology school;
(j) esthetician;
(k) master esthetician;
(l) esthetician instructor;
(m) esthetics school;
(n) hair designer;
(o) hair designer instructor;
(p) hair design school;
(q) nail technology;
(r) nail technology instructor; and
(s) nail technology school.
(3) A person who participates as an apprentice in an approved apprenticeship under this chapter shall register with the division as described in Section 58-11a-306.
Amended by Chapter 342, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 11a - Cosmetology and Associated Professions Licensing Act › Part 3 - Licensing › Section 302.5 - Online curriculum for a licensed school.

Effective 8/31/2020
58-11a-302.5.
Online curriculum for a licensed school.
A barber school, cosmetology/barber school, electrologist school, esthetics school, hair design school, or nail technology school licensed under this chapter may offer up to 50% of the school's total per program curriculum online in accordance with standards adopted by an applicable nationally recognized accrediting organization.
Amended by Chapter 5, 2020 Special Session 6
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 11a - Cosmetology and Associated Professions Licensing Act › Part 3 - Licensing › Section 303 - Terms of license -- Expiration -- Renewal.

58-11a-303.
Terms of license -- Expiration -- Renewal.
(1)
(a) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by rule, except that an instructor license is a one-time certificate and does not expire unless the licensee fails to keep current the license that qualified the licensee to be an instructor under Section 58-11a-302.
(b) The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.
(2) At the time of renewal, a licensed school shall show satisfactory evidence that the school meets the standards for that type of school, including staff, curriculum, and accreditation requirements, established by rule.
(3) Each license expires on the expiration date shown on the license unless the licensee renews it in accordance with Section 58-1-308.
Amended by Chapter 204, 2001 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 11a - Cosmetology and Associated Professions Licensing Act › Part 3 - Licensing › Section 305 - Requirement to display license.

58-11a-305.
Requirement to display license.
Each licensee under this chapter shall prominently display the licensee's license at the location where the licensee engages in the practice for which that license is issued under this chapter.
Amended by Chapter 204, 2001 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 11a - Cosmetology and Associated Professions Licensing Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

58-11a-401.
Grounds for denial of license -- Disciplinary proceedings.
Grounds for refusing to issue a license to an applicant, for refusing to renew the license of a licensee, for revoking, suspending, restricting, or placing on probation the license of a licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease and desist order shall be in accordance with Section 58-1-401.
Enacted by Chapter 96, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 11a - Cosmetology and Associated Professions Licensing Act › Part 5 - Unprofessional and Unlawful Conduct - Penalties › Section 501 - Unprofessional conduct.

Effective 5/3/2023
58-11a-501.
Unprofessional conduct.
Unprofessional conduct includes:
(1) failing as a licensed school to obtain or maintain accreditation as required by rule;
(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
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 11a - Cosmetology and Associated Professions Licensing Act › Part 5 - Unprofessional and Unlawful Conduct - Penalties › Section 502 - Unlawful conduct.

Effective 5/12/2020
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:
(a) the person holds the appropriate license under this chapter; or
(b) an exemption in Section 58-1-307 or 58-11a-304 applies;
(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;
(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
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 13 - Health Care Providers Immunity from Liability Act › Section 1 - Title.

Affected by 63I-1-258 on 7/1/2026
58-13-1.
Title.
This chapter is known as the "Health Care Providers Immunity from Liability Act."
Enacted by Chapter 253, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 13 - Health Care Providers Immunity from Liability Act › Section 2.5 - Standard of proof for emergency care when immunity does not apply.

Affected by 63I-1-258 on 7/1/2026
Effective 5/4/2022
58-13-2.5.
Standard of proof for emergency care when immunity does not apply.
(1) A person who is a health care provider as defined in Section 78B-3-403 who provides emergency care in good faith, but is not immune from suit because of an expectation of payment, a legal duty to respond, or other reason under Section 58-13-2, may only be liable for civil damages if fault, as defined in Section 78B-5-817, is established by clear and convincing evidence.
(2) For purposes of Subsection (1), "emergency care" means the treatment of an emergency medical condition, as defined in Section 31A-1-301, from the time that the person presents at the emergency department of a hospital and including any subsequent transfer to another hospital, until the condition has been stabilized and the patient is either discharged from the emergency department or admitted to another department of the hospital.
(3) This section does not apply to emergency care provided by a physician if:
(a) the physician has a previously established physician/patient relationship with the patient outside of the emergency room;
(b) the patient has been seen in the last three months by the physician for the same condition for which emergency care is sought; and
(c) the physician can access and consult the patient's relevant medical care records while the physician is making decisions about and providing the emergency care.
(4)
(a) Nothing in this section may be construed as:
(i) altering the applicable standard of care for determining fault; or
(ii) applying the standard of proof of clear and convincing evidence to care outside of emergency care and the mandatory legal duty to treat.
(b) This section applies to emergency care given after June 1, 2009.
(5) This section sunsets in accordance with Section 63I-1-258.
Amended by Chapter 198, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 13 - Health Care Providers Immunity from Liability Act › Section 2.6 - Emergency care rendered by a person or health care facility.

Affected by 63I-1-258 on 7/1/2026
Effective 5/3/2023
58-13-2.6.
Emergency care rendered by a person or health care facility.
(1) For purposes of this section:
(a) "Emergency" means an unexpected occurrence involving injury, the threat of injury, or illness to a person or the public due to:
(i) a natural disaster;
(ii) bioterrorism;
(iii) an act of terrorism;
(iv) a pandemic; or
(v) other event of similar nature.
(b) "Emergency care" includes actual assistance or advice offered to avoid, mitigate, or attempt to mitigate the effects of an emergency.
(c) "Person" means the same as that term is defined in Subsection 26B-2-201(18).
(2)
(a) A person who, in good faith, assists governmental agencies or political subdivisions with the activities described in Subsection (2)(b) is not liable for civil damages or penalties as a result of any act or omission unless the person rendering the assistance:
(i) is grossly negligent;
(ii) caused the emergency; or
(iii) has engaged in criminal conduct.
(b) The following activities are protected from liability in accordance with Subsection (2)(a):
(i) implementing measures to control the causes of epidemic, pandemic, communicable diseases, or other conditions significantly affecting public health, as necessary to protect the public health in accordance with Title 26A, Chapter 1, Local Health Departments;
(ii) investigating, controlling, and treating suspected bioterrorism or disease in accordance with Title 26B, Chapter 7, Part 4, Treatment, Isolation, and Quarantine Procedures for Communicable Diseases;
(iii) responding to:
(A) a national, state, or local emergency;
(B) a public health emergency as defined in Section 26B-7-301; or
(C) a declaration by the President of the United States or other federal official requesting public health related activities; and
(iv) providing a facility for use by a governmental agency or political subdivision to distribute pharmaceuticals or administer vaccines to the public.
(c) Subsection (2)(a) applies to a person even if that person has:
(i) a duty to respond; or
(ii) an expectation of payment or remuneration.
(3) The immunity in Subsection (2) is in addition to any immunity protections that may apply in state or federal law.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 13 - Health Care Providers Immunity from Liability Act › Section 4 - Liability immunity for health care providers on committees -- Evaluating and approving medical care.

Affected by 63I-1-258 on 7/1/2026
58-13-4.
Liability immunity for health care providers on committees -- Evaluating and approving medical care.
(1) As used in this section, "health care provider" has the same meaning as in Section 78B-3-403.
(2) Health care providers serving in the following capacities and the organizations or entities sponsoring these activities are immune from liability with respect to deliberations, decisions, or determinations made or information furnished in good faith and without malice:
(a) serving on committees:
(i) established to determine if hospitals and long-term care facilities are being used properly;
(ii) established to evaluate and improve the quality of health care or determine whether provided health care was necessary, appropriate, properly performed, or provided at a reasonable cost;
(iii) functioning under Pub. L. No. 89-97 or as professional standards review organizations under Pub. L. No. 92-603;
(iv) that are ethical standards review committees; or
(v) that are similar to committees listed in this Subsection (2) and that are established by any hospital, professional association, the Utah Medical Association, or one of its component medical societies to evaluate or review the diagnosis or treatment of, or the performance of health or hospital services to, patients within this state;
(b) members of licensing boards established under Title 58, Occupations and Professions, to license and regulate health care providers; and
(c) health care providers or other persons furnishing information to those committees, as required by law, voluntarily, or upon official request.
(3) This section does not relieve any health care provider from liability incurred in providing professional care and treatment to any patient.
(4) Health care providers serving on committees or providing information described in this section are presumed to have acted in good faith and without malice, absent clear and convincing evidence to the contrary.
Amended by Chapter 3, 2008 General Session