Unlawful conduct.

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  • (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.




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