Utah Code § 58-11a-502

Current through the 2024 Fourth Special Session
Section 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.

Utah Code § 58-11a-502

Amended by Chapter 339, 2020 General Session ,§ 19, eff. 5/12/2020.
Amended by Chapter 249, 2016 General Session ,§ 45, eff. 7/1/2016.
Amended by Chapter 274, 2016 General Session ,§ 6, eff. 5/10/2016.
Amended by Chapter 100, 2014 General Session ,§ 2, eff. 7/1/2014.
Amended by Chapter 13, 2013 General Session ,§ 4, eff. 3/12/2013.
Amended by Chapter 362, 2012 General Session ,§ 6, eff. 5/8/2012.
Amended by Chapter 130, 2009 General Session