(1) This chapter does not apply to:

1. (a) a Utah institution directly supported, to a substantial degree, with funds provided by:

   1. (i) the state;
   2. (ii) a local school district; or
   3. (iii) other Utah governmental subdivision;
2. (b) an institution that offers instruction exclusively at or below the 12th grade level;
3. (c) a lawful enterprise that offers only professional review programs, such as C.P.A. and bar examination review and preparation courses;
4. (d) a private, postsecondary educational institution that is owned, controlled, operated, or maintained by a bona fide church or religious denomination, which is exempted from property taxation under the laws of this state;
5. (e) subject to Subsection (3) and Section 13-34-107.5, a school or institution that is accredited by a regional or national accrediting agency recognized by the United States Department of Education;

6. (f) subject to Subsection (4), a business organization, trade or professional association, fraternal society, or labor union that:

   1. (i) sponsors or conducts courses of instruction or study predominantly for bona fide employees or members; and
   2. (ii) does not, in advertising, describe itself as a school;

7. (g) an institution that:

   1. (i)

      1. (A) exclusively offers general education courses or instruction solely remedial, avocational, nonvocational, or recreational in nature; and
      2. (B) does not advertise occupation objectives or grant educational credentials; or
   2. (ii) exclusively prepares individuals to teach courses or instruction described in Subsection (1)(g)(i)(A);

8. (h) an institution that offers only workshops or seminars:

   1. (i) lasting no longer than three calendar days; and
   2. (ii) for which academic credit is not awarded;

9. (i) an institution that offers programs:

   1. (i) in barbering, cosmetology, real estate, or insurance; and
   2. (ii) that are regulated and approved by a state or federal governmental agency;
10. (j) an education provider certified by the Division of Real Estate under Section 61-2c-204.1;

11. (k) an institution that offers aviation training if the institution:

    1. (i)

       1. (A) is approved under Federal Aviation Regulations, 14 C.F.R. Part 141; or
       2. (B) provides aviation training under Federal Aviation Regulations, 14 C.F.R. Part 61; and
    2. (ii) exclusively offers aviation training that a student fully receives within 24 hours after the student pays any tuition, fee, or other charge for the aviation training;
12. (l) an institution that provides emergency medical services training if all of the institution's instructors, course coordinators, and courses are approved by the Department of Health;
13. (m) an institution that exclusively conducts nurse aide training programs that are approved by the State Office of Vocational Education and are subject to the Nurse Aide Registry; and
14. (n) a private, nonprofit educational institution that has been in continuous operation as a private, nonprofit educational institution for at least 20 years, except as provided in Subsection (5), Subsection 13-34-106(8) and Section 13-34-107.6.

(4) For purposes of Subsection (1)(f), a business organization, trade or professional association, fraternal society, or labor union is considered to be conducting the course predominantly for bona fide employees or members if it hires a majority of the persons who:

1. (a) successfully complete its course of instruction or study with a reasonable degree of proficiency; and
2. (b) apply for employment with that same entity.

(5) An institution subject to, or expressly exempted from any part of, this chapter is:

1. (a) established as an educational institution within the state;
2. (b) independent of the state system of higher education;
3. (c) subject to compliance with the applicable provisions of this chapter; and
4. (d) authorized to operate educational programs beyond secondary education, including programs leading to a degree or certificate.