DAR File No. 42778

Commerce, Occupational and Professional Licensing

Rule R156-11a

Cosmetology and Associated Professions Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 42778
Filed: 04/05/2018 01:38:13 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Following a review by the Cosmetology and Associated Professions Licensing Board and the Division of Occupational and Professional Licensing (Division), the proposed rule amendments will more clearly comply with the provisions of Section 58-11a-306.

Summary of the rule or change:

In Subsection R156-11a-800(1), this proposed rule change will clarify that a barber instructor may have more than one barber apprentice; however, the instructor may only provide one-on-one direct supervision to one apprentice at a time. In Subsection R156-11a-801(1), this proposed rule change will clarify that a cosmetologist/barber instructor may have more than one cosmetologist/barber apprentice; however, the instructor may only provide one-on-one direct supervision to one apprentice at a time. In Subsection R156-11a-802(1), this proposed rule change will clarify that a basic esthetician instructor may have more than one basic esthetician apprentice; however, the instructor may only provide one-on-one direct supervision to one apprentice at a time. In Subsection R156-11a-803(1), this proposed rule change will clarify that a master esthetician instructor may have more than one master esthetician apprentice; however, the instructor may only provide one-on-one direct supervision to one apprentice at a time. In Subsection R156-11a-804(1), this proposed rule change will clarify that a nail technician instructor may have more than two nail technician apprentices; however, the instructor may only provide one-on-one direct supervision to two apprentices at a time. Subsections R156-11a-800(12), R156-11a-801(12), R156-11a-802(12), R156-11a-803(12), and R156-11a-804(12) are deleted. These proposed rule amendments allow instructors to add additional apprentices prior to current apprentices passing the required exams and becoming licensed or submitting a Notice of Disassociation Form to the Division. Subsections R156-11a-800(13), R156-11a-801(13), R156-11a-802(13), R156-11a-803(13), and R156-11a-804(13) are renumbered to (12).

Statutory or constitutional authorization for this rule:

• Section 58-11a-101
• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

No state agencies will be directly or indirectly affected by these rule changes because the constrained parties consist only of: 1) individuals appropriately licensed in the cosmetology and associated professions who wish to instruct more than one apprentice at a time, and 2) potential apprentices in these professions who wish to be instructed by such individuals. Additionally, there are no state government entities acting as businesses that will be impacted. As a result, this rule is not expected to impact the state beyond a minimal cost to the Division approximately $75 to print and distribute the rule once these proposed amendments are made effective.

local governments:

No local government agencies will be directly or indirectly affected by these rule changes because the constrained parties consist only of: 1) individuals appropriately licensed in the cosmetology and associated professions who wish to instruct more than one apprentice at a time, and 2) potential apprentices in these professions who wish to be instructed by such individuals. Additionally, there are no local government entities acting as businesses that will be impacted.

small businesses:

First, there are 853 small businesses in Utah owned by individuals in the barber shops (41), cosmetology/esthetician (beauty salon) (726), and nail salon (86) industries (NAICS 812111, NAICS 812112, and NAICS 812113). Some of these businesses may experience a fiscal benefit from this amended rule because the businesses will have increased opportunities to charge for apprentice instruction services. The full impact to these small businesses cannot be estimated as the necessary data is unavailable because it cannot be estimated how many instructors licensed in these industries own and/or work for these small businesses, nor how many of the instructors will choose to instruct more than one apprentice at a time, nor how many potential applicants for licensure will choose to pursue an apprenticeship pathway or choose to be engaged in an apprenticeship where the instructor has more than one apprentice. Second, there are 48 small businesses in Utah in the barber, cosmetology, esthetician, and nail technician school industries (NAICS 611511). Some of these businesses may experience a fiscal cost associated with decreased student enrollment, due to prospective students choosing to pursue a more accessible apprenticeship path to licensure instead of an educational path to licensure. The full impact to these small businesses cannot be estimated as the necessary data is unavailable as it cannot be estimated how many potential students will actually choose to pursue an apprenticeship pathway.

persons other than small businesses, businesses, or local governmental entities:

In Utah there are 25 licensed barber instructors, 1,865 licensed cosmetologist/barber instructors, 558 licensed master estheticians (who can supervise both master esthetician apprentices and basic esthetician apprentices), and 212 nail technician instructors. These individuals may experience a fiscal benefit associated with increased opportunity to charge for apprentice instruction. The full impact to these individuals cannot be estimated as the necessary data is unavailable. It cannot be estimated, firstly, which of the individuals will choose to instruct apprentices, how many will actually choose to instruct more than one apprentice at a time, nor how many will conduct such instruction through their regular employment instead of charging the apprentices in full directly for such services. Additionally, it cannot be estimated how many apprentices will choose to be instructed by individuals instructing multiple apprentices.

Compliance costs for affected persons:

These proposed amendments do not impose any compliance cost to any affected persons, as they merely allow additional opportunities for licensees to instruct apprentices.

Comments by the department head on the fiscal impact the rule may have on businesses:

Changes have been made in sections of Rule R156-11a pertaining to barber instructors, cosmetologist/barber instructors, esthetician instructors, master esthetician instructors and nail technician instructors to provide that an instructor may have more than one apprentice, but provides a limitation as to how many apprentices an instructor may have under direct supervision, one-on-one, at any given time. There are 853 small businesses in Utah owned by individuals in the barber shop (41), cosmetology/esthetician (beauty salon) (726), and nail salon (86) industries (NAICS 812111, NAICS 812112, and NAICS 813113). Some of these businesses may experience a fiscal benefit from these amendments because the businesses will have increased opportunities to charge for apprentice instruction services. The full impact to these small businesses cannot be estimated as the necessary data is unavailable because it cannot be estimated how many of the instructors will choose to instruct more than one apprentice at a time, nor how many potential applicants for licensure will choose to pursue an apprenticeship pathway or choose to be engaged in an apprenticeship where the instructor has more than one apprentice. There are 48 small businesses in Utah in the barber, cosmetology, esthetician, and nail technician school industries (NAICS 611511). Some of these businesses may experience a fiscal cost associated with decreased student enrollment, due to prospective students choosing to pursue a more accessible apprenticeship path to licensure instead of an educational path to licensure. The full impact to these small businesses cannot be estimated as the necessary data is unavailable as it cannot be estimated how many potential students will actually choose to pursue an apprenticeship pathway.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Allyson Pettley at the above address, by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at apettley@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/31/2018

Interested persons may attend a public hearing regarding this rule:

• 05/21/2018 02:00 PM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

06/07/2018

Authorized by:

Mark Steinagel, Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2018	FY 2019	FY 2020
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses:

These proposed rule changes are not expected to impact non-small businesses because there are no non-small businesses in Utah in the industries in question.

 

The head of the Department of Commerce, Francine A. Giani, has reviewed and approved this fiscal analysis

 

 

R156. Commerce, Occupational and Professional Licensing.

R156-11a. Cosmetology and Associated Professions Licensing Act Rule.

R156-11a-800. Approved Barber Apprenticeship Requirements.

In accordance with Subsection 58-11a-102(1), the requirements for an approved barber apprenticeship shall include the following:

(1) [The instructor shall have only one apprentice at a time.]In accordance with Subsection 58-11a-306(1)(b)(ii), an instructor is required to provide one-on-one direct supervision of their apprentice during the apprenticeship program. This does not preclude an instructor from having more than one apprentice; however, if an instructor has more than one apprentice, the instructor may not simultaneously supervise the apprentices, and the same hour or hours of instruction may not be credited toward more than one apprentice.

(2) The apprentice shall register with the Division by submitting a form prescribed by the Division.

(3) The instructor must be approved by the Division for the apprenticeship.

(4) There shall be a conspicuous sign near the work station of the apprentice stating "Apprentice in Training".

(5) The instructor and apprentice shall keep a daily record, which shall include the hours of theory instruction, the hours of practical instruction, the number and type of client services performed, and other services which will document the total number of hours of training. The record shall be available to the Division upon request.

(6) A complete set of barber texts shall be available to the apprentice.

(7) An apprentice may be compensated for services performed.

(8) The instructor shall provide training and technical instruction of 1,250 hours using the curriculum defined in Section R156-11a-700.

(9) The instructor shall limit the training of the apprentice to not more than 40 hours per week and not more than five days out of every seven consecutive days.

(10) An apprentice shall not perform work on the public until the apprentice has received at least 10% of the hours of technical training, with at least a portion of that time devoted to each of the subjects specified in Section R156-11a-700.

(11) Any hours obtained while enrolled in a barber school or a cosmetology/barber school shall not be used to satisfy the required 1,250 hours of apprentice training.

(12) [An instructor may not begin a new apprenticeship until:

(a) the current apprentice passes the National Interstate Council of State Boards of Cosmetology (NIC) Barber Theory and Practical Examinations and becomes licensed as a barber; or

(b) the Division receives a Notice of Disassociation Form by the apprentice or instructor.

(13) ]If an apprentice completes the apprenticeship and fails NIC Barber Theory Examination or NIC Barber Practical Examination three times, the apprentice and instructor must:

(a) meet with the Board at the next appropriate Board meeting;

(b) explain to the Board why the apprentice is not able to pass the examination; and

(c) provide to the Board a plan of study in the appropriate subject matter to assist the apprentice in passing the examination.

 

R156-11a-801. Approved Cosmetologist/Barber Apprenticeship Requirements.

In accordance with Subsection 58-11a-102(1), the requirements for an approved cosmetologist/barber apprenticeship include:

(1) [The instructor shall have only one apprentice at a time.]In accordance with Subsection 58-11a-306(2)(b)(ii), an instructor is required to provide one-on-one direct supervision of their apprentice during the apprenticeship program. This does not preclude an instructor from having more than one apprentice; however, if an instructor has more than one apprentice, the instructor may not simultaneously supervise the apprentices, and the same hour or hours of instruction may not be credited toward more than one apprentice.

(2) The apprentice shall be registered with the Division by submitting a form prescribed by the Division.

(3) The instructor must be approved by the Division for the apprenticeship.

(4) There shall be a conspicuous sign near the work station of the apprentice stating "Apprentice in Training".

(5) The instructor and apprentice shall keep a daily record, which shall include the hours of theory instruction, the hours of practical instruction, the number and type of client services performed, and other services which will document the total number of hours of training. The record shall be available to the Division upon request.

(6) A complete set of cosmetology/barber texts shall be available to the apprentice.

(7) An apprentice may be compensated for services performed.

(8) The instructor shall provide training and technical instruction of 2,500 hours using the curriculum defined in Section R156-11a-705.

(9) The instructor shall limit the training of the apprentice to not more than 40 hours per week and not more than five days out of every seven consecutive days.

(10) An apprentice shall not perform work on the public until the apprentice has received at least 10% of the hours of technical training, with at least a portion of that time devoted to each of the subjects specified in Section R156-11a-705.

(11) Hours obtained while enrolled in a cosmetology/barber school shall not be used to satisfy the required 2,500 hours of apprentice training.

(12) [An instructor may not begin a new apprenticeship until:

(a) the current apprentice passes the National Interstate Council of State Boards of Cosmetology (NIC) Cosmetology/Barber Theory and Practical Examinations and becomes licensed as a cosmetologist/barber; or

(b) the Division receives a Notice of Disassociation Form by the apprentice or instructor.

(13) ]If an apprentice completes the apprenticeship and fails the NIC Barber/Cosmetology Theory Examination or NIC Barber/Cosmetology Practical Examination three times, the apprentice and instructor must:

(a) meet with the Board at the next appropriate Board meeting;

(b) explain to the Board why the apprentice is not able to pass the examination; and

(c) provide to the Board a plan of study in the appropriate subject matter to assist the apprentice in passing the examination.

 

R156-11a-802. Approved Basic Esthetician Apprenticeship Requirements.

In accordance with Subsection 58-11a-102(2), the requirements for an approved basic esthetician apprenticeship include:

(1) [The instructor shall have no more than one apprentice at a time.]In accordance with Subsection 58-11a-306(3)(b)(ii), an instructor is required to provide one-on-one direct supervision of their apprentice during the apprenticeship program. This does not preclude an instructor from having more than one apprentice; however, if an instructor has more than one apprentice, the instructor may not simultaneously supervise the apprentice, and the same hour or hours of instruction may not be credited toward more than one apprentice.

(2) The apprentice shall be registered with the Division by submitting a form prescribed by the Division.

(3) The instructor must be approved by the Division for the apprenticeship.

(4) There shall be a conspicuous sign near the workstation of the apprentice stating, "Apprentice in Training".

(5) The instructor and apprentice shall keep a daily record, which shall include the hours of theory instruction, the hours of practical instruction, the number and type of client services performed, and other services, which will document the total number of hours of training. The record shall be available to the Division upon request.

(6) A complete set of esthetics texts shall be available to the apprentice.

(7) An apprentice may be compensated for services performed.

(8) The instructor shall provide training and technical instruction of 800 hours using the curriculum defined in Section R156-11a-702.

(9) The instructor shall limit the training of the apprentice to not more than 40 hours per week and not more than five days out of every seven consecutive days.

(10) An apprentice shall not perform work on the public until the apprentice has received at least 10% of the hours required in technical training, with at least a portion of that time devoted to each of the subjects specified in Section R156-11a-702.

(11) Hours obtained while enrolled in an esthetics school or a cosmetology/barber school shall not be used to satisfy the required 800 hours of apprentice training.

(12) [An instructor may not begin a new apprenticeship until:

(a) the current apprentice passes the National Interstate Council of State Boards of Cosmetology (NIC) Esthetics Theory and Practical Examinations and becomes licensed as an esthetician; or

(b) the Division receives a Notice of Disassociation Form by the apprentice or instructor.

(13) ]If an apprentice completes the apprenticeship and fails the NIC Esthetics Theory Examination or NIC Esthetics Practical Examination three times, the apprentice and instructor must:

(a) meet with the Board at the next appropriate Board meeting;

(b) explain to the Board why the apprentice is not able to pass the examination; and

(c) provide to the Board a plan of study in the appropriate subject matter to assist the apprentice in passing the examination.

 

R156-11a-803. Approved Master Esthetician Apprenticeship Requirements.

In accordance with Subsection 58-11a-102(3), the requirements for an approved master esthetician apprenticeship include:

(1) [The instructor shall have no more than one apprentice at a time.]In accordance with Subsection 58-11a-306(4)(b)(ii), an instructor is required to provide one-on-one direct supervision of their apprentice during the apprenticeship program. This does not preclude an instructor from having more than one apprentice; however, if an instructor has more than one apprentice, the instructor may not simultaneously supervise the apprentices, and the same hour or hours of instruction may not be credited toward more than one apprentice.

(2) The apprentice shall be registered with the Division by submitting a form prescribed by the Division.

(3) The instructor must be approved by the Division for the apprenticeship.

(4) There shall be a conspicuous sign near the workstation of the apprentice stating, "Apprentice in Training."

(5) The instructor and apprentice shall keep a daily record, which shall include the hours of theory instruction, the hours of practical instruction, the number and type of client services performed, and other services, which will document the total number of hours of training. The record shall be available to the Division upon request.

(6) A complete set of esthetics texts shall be available to the apprentice.

(7) An apprentice may be compensated for services performed.

(8) The instructor shall provide training and technical instruction of 1,500 hours using the curriculum defined in Section R156-11a-703.

(9) The instructor shall limit the training of the apprentice to not more than 40 hours per week and not more than five days out of every seven consecutive days.

(10) An apprentice shall not perform work on the public until the apprentice has received at least 10% of the required hours of technical training, with at least a portion of that time devoted to each of the subjects specified in Subsection R156-11a-703.

(11) Hours obtained while enrolled in an esthetics school or a cosmetology/barber school shall not be used to satisfy the required 1,500 hours of apprentice training.

(12) [An instructor may not begin a new apprenticeship until:

(a) the current apprentice passes the National Interstate Council of State Boards of Cosmetology (NIC) Master Esthetics Theory and Practical Examinations and becomes licensed as a master esthetician; or

(b) the Division receives a Notice of Disassociation Form by the apprentice or instructor.

(13) ]If an apprentice completes the apprenticeship and fails the NIC Master Esthetics Theory Examination or NIC Master Esthetics Practical Examination three times, the apprentice and instructor must:

(a) meet with the Board at the next appropriate Board meeting;

(b) explain to the Board why the apprentice is not able to pass the examination; and

(c) provide to the Board a plan of study in the appropriate subject matter to assist the apprentice in passing the examination.

 

R156-11a-804. Approved Nail Technician Apprenticeship Requirements.

In accordance with Subsection 58-11a-102(4), the requirements for an approved nail technician apprenticeship include:

(1) [The instructor shall have no more than two apprentices at a time.]In accordance with Subsection 58-11a-306(5)(b)(iii), an instructor is required to provide one-on-two direct supervision of their apprentices during the apprenticeship program. This does not preclude an instructor from having more than two apprentices; however, if an instructor has more than two apprentices, the instructor may not simultaneously supervise more than two apprentices, and the same hour or hours of instruction may not be credited toward more than two apprentices.

(2) The apprentice shall be registered with the Division by submitting a form prescribed by the Division.

(3) The instructor must be approved by the Division for the apprenticeship.

(4) There shall be a conspicuous sign near the workstation of the apprentice stating, "Apprentice in Training."

(5) The instructor and apprentice shall keep a daily record, which shall include the hours of theory instruction, the hours of practical instruction, the number and type of client services performed, and other services, which will document the total number of hours of training. The record shall be available to the Division upon request.

(6) A complete set of nail technician texts shall be available to the apprentice.

(7) An apprentice may be compensated for services performed.

(8) The instructor shall provide training and technical instruction of 375 hours using the curriculum defined in Section R156-11a-704.

(9) The instructor shall limit the training of the apprentice to not more than 40 hours per week and not more than five days out of every seven consecutive days.

(10) An apprentice shall not perform work on the public until the apprentice has received at least 10% of the hours of technical training, with at least a portion of that time devoted to each of the subjects specified in Subsection R156-11a-704.

(11) Hours obtained while enrolled in a nail technology school or a cosmetology/barber school shall not be used to satisfy the required 375 hours of apprentice training.

(12) [An instructor may not begin a new apprenticeship until:

(a) the current apprentice passes the National-Interstate Council of State Boards of Cosmetology (NIC) Nail Technology Theory and Practical Examinations and becomes licensed as a nail technician; or

(b) the Division receives a Notice of Disassociation Form by the apprentice or instructor.

(13) ]If an apprentice completes the apprenticeship and fails the NIC Nail Technology Theory Examination or NIC Nail Technology Practical Examination three times, the apprentice and instructor must:

(a) meet with the Board at the next appropriate Board meeting;

(b) explain to the Board why the apprentice is not able to pass the examination; and

(c) provide to the Board a plan of study in the appropriate subject matter to assist the apprentice in passing the examination.

 

KEY: cosmetologists/barbers, estheticians, electrologists, nail technicians

Date of Enactment or Last Substantive Amendment: [October 10, 2017]2018

Notice of Continuation: January 19, 2017

Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)