Unprofessional conduct includes: (1) a licensed school that fails to: (a) (i) obtain or maintain accreditation or comply with the required standard of accreditation; and (ii) have curriculum approved by the division, as required by administrative rules made by the division; or (b) provide adequate instruction to enrolled students; (2) an apprenticeship supervisor that fails to: (a) provide direct supervision to an apprentice; or (b) comply with division rules relating to apprenticeship programs under this chapter; (3) an instructor that fails to provide direct supervision to students who are providing services to an individual under the instructor's supervision; (4) a person that keeps a salon or school, or the salon or school's furnishings, tools, utensils, linen, or appliances in an unsanitary condition; (5) an individual licensed or permitted under this chapter that fails to: (a) comply with Title 26B, Utah Health and Human Services Code; (b) display a license or permit as required under Section 58-11a-305; (c) comply with physical facility requirements established by administrative rules made by the division; (d) maintain mechanical or electrical equipment in safe operating condition; (e) adequately monitor patrons using steam rooms, dry heat rooms, baths, showers, or saunas; (f) comply with all applicable state and local health or sanitation laws; or (g) comply with a judgment order from a court of competent jurisdiction regarding a disagreement over tuition or education costs in relation to the requirements outlined in this chapter; (6) an individual licensed or permitted under this chapter: (a) prescribing or administering prescription drugs; (b) engaging in any act or practice in a professional capacity that is outside of the applicable scope of practice; (c) engaging in any act or practice in a professional capacity that the individual is not competent to perform through education or training; or (d) removing proximal nail fold by e-file or other tool or inserting tools beneath the eponychium; (7) unless the individual is under the supervision of a licensed health care practitioner acting within the scope of the health care practitioner's license, an individual licensed or permitted under this chapter, while using a chemical exfoliant: (a) using any acid, concentration of acid, or combination of treatments that violate the standards established by administrative rules made by the division; (b) removing any layer of skin deeper than the stratum corneum of the epidermis; or (c) using an exfoliant that contains phenol, trichloroacetic acid of over 15%, or bichloroacetic acid; (8) while sanding the skin, an individual licensed or permitted under this chapter, removing any layer of skin deeper than the stratum corneum of the epidermis, unless the individual is under the supervision of a licensed health care practitioner acting within the scope of the health care practitioner's license; (9) using any laser procedure or intense, pulsed light source, besides a nonprescriptive laser device, unless authorized to do so by an individual's license or permit in this chapter; (10) marketing or distinguishing an establishment as a school if the establishment is not licensed as a school under this chapter; and (11) claiming or advertising unrealistic results for body contouring, including alleviation of psychological distress. Repealed and Re-enacted by Chapter 491, 2025 General Session
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