§ 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 under their instruction;

(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; or

(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.

Amended by Chapter 130, 2009 General Session