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Senate approves bill allowing unlicensed shampooing and blow‑drying with enforcement and signage requirements

Utah State Senate · January 22, 2021
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Summary

On Jan. 22 the Utah Senate passed SB87 to allow shampooing and blow‑drying without a cosmetology license, while prohibiting cutting or coloring and adding enforcement tools (a $500 civil penalty and cease‑and‑desist authority); third‑reading vote 23‑3 with 3 absent.

The Utah Senate on Jan. 22 passed Senate Bill 87, a professional‑licensing amendment that would let individuals perform shampooing and blow‑drying without holding a cosmetology license while explicitly prohibiting cutting, coloring, perming or other licensed acts.

Sponsor Senator Bramble characterized the measure as a narrow change to allow activities like shampooing and blow‑drying in limited settings. “It just says that, someone can do a shampoo, shampooing and blow drying without needing to have a license,” he said on the floor, and repeatedly emphasized the bill does not authorize cutting or chemical services.

Senators asked how the state would enforce the line between permitted and licensed activities. Bramble told the floor the enforcement framework includes investigations and a civil citation regime: "It's a $500 civil penalty. When a citation is issued, it's a $500 penalty," and he said the Department of Commerce has authority to issue cease‑and‑desist orders and that the existing enforcement apparatus (investigators within the licensing program) is in place to respond to complaints.

The bill also requires that an unlicensed provider display a conspicuous sign notifying customers that services are not provided by a person licensed under the Cosmetology Act; the sponsor said an industry amendment addressing sanitation was expected before third reading if stakeholders reach agreement.

Senator Riebe and others raised safety concerns about hot irons and the difference between regulation and licensing. Riebe said regulating rather than licensing could reduce costs but might limit enforcement, and she voted against the measure on policy grounds; Senator Winterton said her licensed cosmetologist daughters reviewed the change and she supported moving it forward for more negotiation.

On third reading the Senate recorded 23 "yay" votes, 3 "nay" and 3 absent; the motion carried and the bill was read a third time. The measure will proceed to the House, where sponsors indicated they expect to continue negotiating industry amendments including sanitation language.

The Senate floor debate focused on balancing consumer safety and access to low‑cost services, and on how existing investigators and civil penalties would be used to prevent scope creep into cutting, coloring or other licensed activities.