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 suchschools;
(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 apprenticeshipprograms under this chapter;
(7) keeping a salon or school, its furnishing, tools, utensils, linen, or appliances in an unsanitarycondition;
(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 applicablescope of practice;
(16) engaging in any act or practice in a professional capacity which the licensee is notcompetent to perform through education or training;
(17) in connection with the use of a chemical exfoliant, unless under the supervision of alicensed 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 thestandards 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 healthcare practitioner acting within the scope of his or her license, removing any layer of skin deeper than thestratum 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 thischapter from using a nonprescriptive laser device.
Amended by Chapter 130, 2009 General Session