2023 Utah Code › Title 58 - Occupations and Professions › Chapter 11a - Cosmetology and Associated Professions Licensing Act › Part 3 - Licensing › Section 304 - Exemptions from licensure.

Effective 5/5/2021
58-11a-304.
Exemptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307, the following persons may engage in the practice of barbering, cosmetology/barbering, hair design, esthetics, master-level esthetics, electrology, or nail technology without being licensed under this chapter:
(1) a person licensed under the laws of this state to engage in the practice of medicine, surgery, osteopathy, or chiropractic when engaged in the practice of the profession for which they are licensed;
(2) a commissioned physician or surgeon serving in the armed forces of the United States or another federal agency;
(3) a registered nurse, undertaker, or mortician licensed under the laws of this state when engaged in the practice of the profession for which the person is licensed;
(4) a person who visits the state to engage in instructional seminars, advanced classes, trade shows, or competitions of a limited duration;
(5) a person who engages in the practice of barbering, cosmetology/barbering, hair design, esthetics, master-level esthetics, electrology, or nail technology without compensation;
(6) a person instructing an adult education class or other educational program directed toward persons who are not licensed under this chapter and that is not intended to train persons to become licensed under this chapter, provided:
(a) an attendee receives no credit toward educational requirements for licensure under this chapter;
(b) the instructor informs each attendee in writing that taking such a class or program will not certify or qualify the attendee to perform a service for compensation that requires licensure under this chapter; and
(c)
(i) the instructor is properly licensed; or
(ii) the instructor receives no compensation;
(7) a person providing instruction in workshops, seminars, training meetings, or other educational programs whose purpose is to provide continuing professional development to licensed barbers, cosmetologists/barbers, hair designers, estheticians, master estheticians, electrologists, or nail technicians;
(8) a person enrolled in a licensed barber, cosmetology/barber, or hair design school when participating in an on the job training internship under the direct supervision of a licensed barber, cosmetologist/barber, or hair designer upon completion of a basic program under the standards established by rule by the division in collaboration with the board;
(9) a person enrolled in an approved apprenticeship pursuant to Section 58-11a-306;
(10) an employee of a company that is primarily engaged in the business of selling products used in the practice of barbering, cosmetology/barbering, hair design, esthetics, master-level esthetics, electrology, or nail technology when demonstrating the company's products to a potential customer, provided the employee makes no representation to a potential customer that attending such a demonstration will certify or qualify the attendee to perform a service for compensation that requires licensure under this chapter;
(11) a person who:
(a) is qualified to engage in the practice of barbering, cosmetology/barbering, hair design, esthetics, master-level esthetics, electrology, or nail technology in another jurisdiction as evidenced by licensure, certification, or lawful practice in the other jurisdiction;
(b) is employed by, or under contract with, a motion picture company; and
(c) engages in the practice of barbering, cosmetology/barbering, hair design, esthetics, master-level esthetics, electrology, or nail technology in the state:
(i) solely to assist in the production of a motion picture; and
(ii) for no more than 120 days per calendar year;
(12) a person who:
(a) engages in hair braiding; and
(b) unless it is expressly exempted under this section or Section 58-1-307, does not engage in other activity requiring licensure under this chapter; and
(13) a person who:
(a) dries, styles, arranges, dresses, curls, hot irons, shampoos, or conditions hair;
(b) does not cut the hair;
(c) does not apply dye to alter the color of the hair;
(d) does not apply reactive chemicals to straighten, curl, or alter the structure of the hair;
(e) unless it is expressly exempted under this section or Section 58-1-307, does not engage in other activity requiring licensure under this chapter; and
(f) provides evidence to the division that the person has received a hair safety permit from completing a hair safety program that:
(i) is approved by the division;
(ii) consists of no more than two hours of instruction;
(iii) is offered by a provider approved by the division; and
(iv) includes an examination that requires a passing score of 75%; and
(g) displays in a conspicuous location in the person's place of business:
(i) a valid hair safety permit as described in Subsection (13)(f); and
(ii) a sign notifying the public that the person's services are not provided by an individual who has a license under this chapter.
Amended by Chapter 227, 2021 General Session