58-11a-502. Unlawful conduct.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/12/2020

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