HOUSE BILL NO. 28

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H0028aa......................................................by MR. SPEAKER
               Requested by: Bureau of Occupational Licenses
BARBERS - BARBER-STYLISTS - Amends existing law to provide for licensure of
barbers and barber-stylists; to provide for qualifications and requirements
for licensure; to provide license fees; and to provide for barber school
teacher licenses.
                                                                        
01/08    House intro - 1st rdg - to printing
    Rpt prt - to Bus
02/22    Rpt out - to Gen Ord
    Rpt out amen - to engros
02/23    Rpt engros - 1st rdg - to 2nd rdg as amen
02/26    2nd rdg - to 3rd rdg as amen
02/27    3rd rdg as amen - PASSED - 65-0-5
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
      Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Tilman,
      Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Jones, Robison, Stone, Swan, Trail
    Floor Sponsor -- Callister
    Title apvd - to Senate
02/28    Senate intro - 1st rdg - to Com/HuRes
03/12    Rpt out - rec d/p - to 2nd rdg as amen
03/13    2nd rdg - to 3rd rdg as amen
03/20    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
      Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
      Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor -- Dunklin
    Title apvd - to House
03/21    To enrol
03/22    Rpt enrol - Sp signed - Pres signed - to Gov
03/23    Governor signed
         Session Law Chapter 133
         Effective: 07/01/01

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 28
                                                                        
                                       BY MR. SPEAKER
                       Requested by: Bureau of Occupational Licenses
                                                                        
  1                                        AN ACT
  2    RELATING TO BARBERS; AMENDING SECTION 54-501, IDAHO CODE, TO  PROVIDE  PURPOSE
  3        OF  LICENSURE; AMENDING SECTION 54-502, IDAHO CODE, TO ADD DESIGNATION AND
  4        DEFINITION OF "BARBER-STYLIST"  AND  TO  ADD  DEFINITION  OF  "BARBERING";
  5        AMENDING  SECTION 54-506, IDAHO CODE, TO PROVIDE QUALIFICATIONS FOR LICEN-
  6        SURE; AMENDING  SECTION  54-507,  IDAHO  CODE,  TO  REQUIRE  LICENSING  OF
  7        APPROVED  BARBER  COLLEGES  AND  TO  MODIFY  REQUIREMENTS FOR INSTRUCTION;
  8        AMENDING SECTION 54-509, IDAHO CODE, TO REQUIRE THAT THE FEE AND  A  PASS-
  9        PORT  PHOTOGRAPH  ACCOMPANY THE APPLICATION FOR EXAMINATION; AMENDING SEC-
 10        TION 54-510, IDAHO CODE, TO PROVIDE FOR EXAMINATION OF BARBER-STYLISTS, TO
 11        PROVIDE FOR LICENSURE AND TO CLARIFY  EXAMINATION  REQUIREMENTS;  AMENDING
 12        SECTION  54-511,  IDAHO  CODE, TO PROVIDE FOR ISSUANCE OF REGISTRATION AND
 13        LICENSE AS A BARBER OR  BARBER-STYLIST;  AMENDING  SECTION  54-512,  IDAHO
 14        CODE, TO PROHIBIT PRACTICE AS A BARBER OR BARBER-STYLIST WITHOUT A LICENSE
 15        AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-514, IDAHO CODE, TO
 16        REQUIRE  DISPLAY  OF  LICENSE  AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
 17        SECTION 54-516, IDAHO CODE, TO BROADEN DISCIPLINARY AUTHORITY OF THE BOARD
 18        OF BARBER EXAMINERS, TO PROVIDE FOR REFUSAL, REVOCATION OR  SUSPENSION  OF
 19        PERMITS  AND LICENSES, TO CLARIFY BASIS FOR DISCIPLINE AND TO MAKE TECHNI-
 20        CAL CORRECTIONS; AMENDING SECTION  54-517,  IDAHO  CODE,  TO  PROVIDE  FOR
 21        NOTICE  AND  HEARING BY THE BOARD OF BARBER EXAMINERS PRIOR TO THE BOARD'S
 22        REFUSAL TO ISSUE, RENEW, SUSPEND OR REVOKE A PERMIT OR  LICENSE;  AMENDING
 23        SECTION  54-518,  IDAHO  CODE,  TO PROVIDE FOR PERMIT AND LICENSE FEES, TO
 24        PROVIDE AN ORIGINAL LICENSE AND ANNUAL RENEWAL FEE FOR BARBER-STYLISTS AND
 25        TO MAKE TECHNICAL CHANGES; AMENDING SECTION 54-519, IDAHO CODE, TO  DELETE
 26        REFERENCE TO A FINE FOR MISDEMEANOR CONVICTION AND TO PROHIBIT PRACTICE BY
 27        UNLICENSED  BARBER-STYLISTS, FRAUDULENT OBTAINMENT OF LICENSES, FAILURE TO
 28        DISPLAY LICENSES AND UNLICENSED OPERATION OF A SHOP OR SCHOOL AND TO  MAKE
 29        TECHNICAL  CORRECTIONS;  AMENDING  SECTION 54-521, IDAHO CODE, TO INCREASE
 30        BOARD COMPENSATION AND TO MAKE  TECHNICAL  CORRECTIONS;  AMENDING  SECTION
 31        54-527,  IDAHO  CODE,  TO  PROVIDE  FOR  ISSUANCE OF LICENSES TO TEACHERS;
 32        AMENDING SECTION 54-528, IDAHO CODE, TO REQUIRE LICENSING OF BARBER TEACH-
 33        ERS AND TO PROVIDE QUALIFICATIONS FOR LICENSING OF TEACHERS  OF  BARBERING
 34        AND  BARBER-STYLING;  AND  AMENDING  SECTION 54-530, IDAHO CODE, TO DELETE
 35        REFERENCE TO CERTIFICATE OF REGISTRATION.
                                                                        
 36    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 37        SECTION 1.  That Section 54-501, Idaho Code, be, and the  same  is  hereby
 38    amended to read as follows:
                                                                        
 39        54-501.  REQUIREMENTS  OF  REGISTRATION  LICENSURE AND BARBERSHOP  LICENSE
 40    LICENSURE. After July 1, 1927, in order to safeguard the public health, safety
 41    and welfare, it shall be unlawful to practice, or attempt to practice, barber-
 42    ing without a certificate of  registration  license  as  a  registered  barber
 43    issued pursuant to provisions of this act by the board of barber examiners.
                                                                        
                                           2
                                                                        
  1        After  July  1,  1957, in order to safeguard the public health, safety and
  2    welfare, it shall be unlawful to own or operate any barbershop unless  a  bar-
  3    bershop  license  is  first  obtained  from  the board. The applicant for such
  4    license must furnish proof that the shop is located and equipped to  meet  the
  5    sanitary  requirements  and rules of the board. The maintenance of a bona fide
  6    establishment with a permanent and definite location shall be prerequisite for
  7    the issuance of a barbershop license, the  establishment  of  itinerant  shops
  8    being  prohibited. The holder of a barbershop license must notify the board in
  9    writing of any change of address and  at  the  same  time  shall  return  said
 10    license,  upon  the  fact  of  which such change shall be properly indorsed. A
 11    change of address by a licensee without  such  notice  and  indorsement  shall
 12    operate to cancel the license.
                                                                        
 13        SECTION  2.  That  Section  54-502, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        54-502.  PRACTICE DEFINED. Any one (1) or any combination of the following
 16    practices (when done upon the upper part of the human body for  cosmetic  pur-
 17    poses  and not for the treatment of disease or physical or mental ailments and
 18    when done for payment either directly or indirectly or without payment for the
 19    public generally) constitutes the practice of barbering or barber-styling:
 20        (1)  Barber-Styling: Shaving or trimming the beard or  cutting,  trimming,
 21    arranging,  dressing, curling, waving by any method, straightening, cleansing,
 22    singeing, bleaching, coloring, or similar work upon the hair;
 23        Fitting, cutting or dressing hairpieces or toupees;
 24        Giving facial and scalp massage or treatments with oils,  creams,  lotions
 25    or other preparations, either by hand or mechanical appliances;
 26        Applying  cosmetic  preparations,  antiseptics,  powders,  oils,  clays or
 27    lotions to scalp, face, neck or upper part of the body.
 28        (2)  Barbering: Shaving  or  trimming  the  beard  or  cutting,  trimming,
 29    arranging,  dressing,  curling,  cleansing, singeing, or similar work upon the
 30    hair;
 31        Fitting, cutting or dressing hairpieces or toupees;
 32        Giving facial and scalp massage or treatments with oils,  creams,  lotions
 33    or other preparations, either by hand or mechanical appliances;
 34        Applying  cosmetic  preparations,  antiseptics,  powders,  oils,  clays or
 35    lotions to scalp, face, neck or upper part of the body.
                                                                        
 36        SECTION 3.  That Section 54-506, Idaho Code, be, and the  same  is  hereby
 37    amended to read as follows:
                                                                        
 38        54-506.  QUALIFICATIONS  FOR  CERTIFICATE  OF  REGISTRATION  AS REGISTERED
 39    LICENSURE. (1) A person is qualified to receive a certificate of  registration
 40    license to practice barbering as a barber-stylist who:
 41        1.(a)  Who hHas two (2) years of  a twelfth grade high school education or
 42        an  equivalent  education as determined by an examination conducted by the
 43        board.; and
 44        2.(b)  Who iIs at least sixteen and one-half (16 1/2) years of age.; and
 45        3.(c)  Who iIs of good moral character and temperate habits.; and
 46        4.(d)  Who hHas completed  and  graduated  from  a  course  consisting  of
 47        instruction  of  at  least  seventeen  one thousand eight hundred (17,800)
 48        hours within a period of ten and one-half (10 1/2) months in a  school  of
 49        barbering approved by the board.; and
 50        5.(e)  As  applicant  shall  be  required  to  submit to and sSuccessfully
 51        passes a barber's an examination under the supervision  of  the  board  of
                                                                        
                                           3
                                                                        
  1        barber  examiners. An applicant for a certificate of registration to prac-
  2        tice as a barber who fails to pass a satisfactory  examination  must  com-
  3        plete  a  further course of three (3) months of not less than five hundred
  4        (500) hours in an approved school of barbering before he  is  entitled  to
  5        take an examination again
  6        (2)  A  person  is  qualified to receive a license to practice as a barber
  7    who:
  8        (a)  Has a twelfth grade high school education or an equivalent as  deter-
  9        mined by the board; and
 10        (b)  Is at least sixteen and one-half (16 1/2) years of age; and
 11        (c)  Is of good moral character and temperate habits; and
 12        (d)  Has  completed and graduated from a course of instruction of at least
 13        one thousand two hundred (1,200) hours in a school of  barbering  approved
 14        by the board; and
 15        (e)  Successfully passes an examination under the supervision of the board
 16        of barber examiners.
                                                                        
 17        SECTION  4.  That  Section  54-507, Idaho Code, be, and the same is hereby
 18    amended to read as follows:
                                                                        
 19        54-507.  APPROVED BARBER COLLEGES  --  REQUIREMENTS  --  BOND.  No  school
 20    teaching  the  art  or science of barbering shall be approved by the board nor
 21    shall it operate or be recognized licensed as a school  of  barbering,  unless
 22    the  entrance  requirements  are equal to those which are required for appren-
 23    tices under section 54-506, Idaho Code. An approved college may teach  special
 24    courses, but as a prerequisite to graduation the college must give provide:
 25        (1)  A a course of instruction for barber-stylists of not less than seven-
 26    teen  one thousand eight hundred (17,800) hours over a period of not less than
 27    ten and one-half (10 1/2) months and include in its course of instruction  the
 28    following subjects:
 29        Sscientific  fundamentals  for barbering: hygiene; bacteriology; histology
 30    of the hair, skin, nails, muscles and nerves; structure of the head, face  and
 31    neck; elementary chemistry relating to sterilization and antiseptics; diseases
 32    of the skin, hair, glands and nails; massaging and manipulating the muscles of
 33    the  upper  body;  hair  cutting;  shaving;  and arranging, dressing, curling,
 34    waving, straightening, coloring, bleaching and tinting of the hair; and
 35        (2)  A course of instruction for barbers of not less than one thousand two
 36    hundred (1,200) hours and include in its course of instruction the  scientific
 37    fundamentals  for  barbering:  hygiene;  bacteriology;  histology of the hair,
 38    skin, nails, muscles and nerves; structure of the head, face and neck; elemen-
 39    tary chemistry relating to sterilization  and  antiseptics;  diseases  of  the
 40    skin,  hair,  glands  and nails; massaging and manipulating the muscles of the
 41    upper body; hair cutting; shaving; and arranging and dressing of the hair.
 42        For the purpose of this chapter, a recognized approved  barber  school  or
 43    college  (hereinafter  referred  to  as a college) shall be understood to be a
 44    college that has met with the provisions of this  chapter,  and  has  a  valid
 45    unrevoked  certificate  license  issued  by the board, to the effect that said
 46    college is approved by the state of Idaho.
 47        No college in the state shall advertise or use any signs or terms to indi-
 48    cate that the college is approved, recognized, accredited,  or  certified,  or
 49    licensed  unless said college is approved licensed by the board. Every college
 50    shall advertise as a college and make known to the public and  customers  that
 51    the work is being done by students.
 52        All  instructors  in  an approved college must be licensed in the state of
 53    Idaho as a barber instructor or a cosmetology instructor.
                                                                        
                                           4
                                                                        
  1        Every instructor in an approved college shall devote  his  or  her  entire
  2    time  during  class  hours  to  that of instructing the students and shall not
  3    apply his time to that of private or public  practice  during  the  school  or
  4    class hours.
  5        School  hours  for the purpose of instruction in an approved college shall
  6    not begin before 8 a.m., or continue longer than 6 p.m.,  and  shall  be  con-
  7    ducted for at least five (5) days during the week except Sunday and holidays.
  8        The  school  day  in an approved college shall not be divided into periods
  9    that may work to the detriment of the students. Each student shall be required
 10    to work or receive instruction in the college at least seven  (7)  hours  each
 11    day.  Credit  will  be allowed students for their actual time in attendance at
 12    the college, but not to exceed eight (8) hours per day.
 13        A college furnishing satisfactory evidence  that  it  is  maintaining  the
 14    requirements  set forth in this chapter, whether located within or without the
 15    state, shall, upon the payment of the required fee, be  issued  a  certificate
 16    license to the effect that the college is approved by the board.
 17        A certificate license issued to a college must be renewed annually on July
 18    first  of  each  year.  Should a college fail or refuse to renew a certificate
 19    license said college shall cease to operate if within the state of  Idaho  and
 20    be removed from the list of the approved colleges.
 21        The  board may cancel or refuse to renew a certificate license issued to a
 22    college upon proof that said college has failed or refused to  meet  with  the
 23    requirements for approved colleges set forth in this chapter.
 24        One (1) instructor must be employed to each fifteen (15) students or frac-
 25    tional  part thereof and one (1) barber instructor must be employed on a full-
 26    time basis in each school or college.
 27        Every school or college approved by the board shall deliver to the  board,
 28    a  bond  to  the state of Idaho in a form approved by the board, and renew the
 29    same annually, in the sum of two thousand dollars ($2,000), executed by a cor-
 30    porate surety company duly authorized to do business  in  this  state,  condi-
 31    tioned  that  such  school  or  college  shall continue to give its courses of
 32    instruction, in accordance with the provision of this chapter,  until  it  has
 33    completed  all  such courses for which students have enrolled, and conditioned
 34    that such school or college shall fully comply with all promises or  represen-
 35    tations made to enrolled students as an inducement to such students to enroll.
 36    Any  student  so  enrolled who may be damaged by reason of the failure of such
 37    school or college to comply with such conditions, shall have a right of action
 38    in his or her own name, on such bonds, for such damage.
                                                                        
 39        SECTION 5.  That Section 54-509, Idaho Code, be, and the  same  is  hereby
 40    amended to read as follows:
                                                                        
 41        54-509.  APPLICATION  FOR  EXAMINATION.  Each  applicant  for  examination
 42    shall:
 43        Make  application to the board of barber examiners on blank forms prepared
 44    and furnished by said board and furnish to the board two  one  (21)  3"  x  2"
 45    passport  photographs of the applicant, which shall accompany the application.
 46    Should he pass, one (1) photograph is attached permanently to his  certificate
 47    of  registration,  and  he  shall  pay to the board together with the required
 48    fees.
                                                                        
 49        SECTION 6.  That Section 54-510, Idaho Code, be, and the  same  is  hereby
 50    amended to read as follows:
                                                                        
 51        54-510.  EXAMINATIONS.  The board of barber examiners shall conduct exami-
                                                                        
                                           5
                                                                        
  1    nations of applicants for certificates of registration licensure  to  practice
  2    as  registered  barbers  and  barber-stylists at such times and places as said
  3    board may determine.
  4        The examination of applicants for certificates of  registration  licensure
  5    as  registered  barbers  and  barber-stylists  shall  include both a practical
  6    demonstration and a written and oral test, and shall embrace the subjects usu-
  7    ally taught in schools of barbering approved by the board.
  8        An examination is failed when an applicant obtains a score of below seven-
  9    ty-five percent (75%). Any applicant failing below seventy-five percent  (75%)
 10    on any portion of the examination on the first attempt will not be required to
 11    complete any additional training. An applicant failing below seventy-five per-
 12    cent (75%) on a second attempt and all subsequent attempts will be required to
 13    complete  additional  training  equal  to twenty percent (20%) of the original
 14    course of instruction.
                                                                        
 15        SECTION 7.  That Section 54-511, Idaho Code, be, and the  same  is  hereby
 16    amended to read as follows:
                                                                        
 17        54-511.  ISSUANCE OF CERTIFICATE OF REGISTRATION AND LICENSE. Whenever the
 18    provisions  of  this  chapter have been complied with, the board shall issue a
 19    certificate of registration and license  as  either  a  registered  barber  or
 20    barber-stylist.
                                                                        
 21        SECTION  8.  That  Section  54-512, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        54-512.  PERSONS HAVING PRACTICED BARBERING IN ANOTHER STATE OR COUNTRY. A
 24    person who is at least eighteen (18) years of age and of good moral  character
 25    and temperate habits and who has completed two (2) years of high school or its
 26    equivalent as determined by the board, and either:
 27        (1.)  Has  a license or certificate of registration as a practicing barber
 28    from another state or country, which has substantially the  same  requirements
 29    for licensing or registering barbers as required by this chapter, or
 30        (2.)  Who has been licensed as a barber in another state or country for at
 31    least three (3) years immediately prior to making application in this state:
 32        May  be  granted a license by the board to practice as a registered barber
 33    upon application and payment of the required  fee.  No  such  license  may  be
 34    issued  except  upon authorization by the board. It is unlawful for any person
 35    to practice as a registered barber or barber-stylist without a certificate  of
 36    registration license.
                                                                        
 37        SECTION  9.  That  Section  54-514, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        54-514.  DISPLAY OF CERTIFICATE AND LICENSE. Every holder of a certificate
 40    of registration license shall display it in a conspicuous place adjacent to or
 41    near his work chair. A barbershop license must at all times  during  the  term
 42    thereof be displayed in the barber shop barbershop for which it is issued.
                                                                        
 43        SECTION  10.  That  Section 54-516, Idaho Code, be, and the same is hereby
 44    amended to read as follows:
                                                                        
 45        54-516.  REFUSAL, REVOCATION OR SUSPENSION OF CERTIFICATE  AND  PERMIT  OR
 46    LICENSE.  The board of barber examiners may either refuse to issue or renew or
 47    may suspend or revoke or impose any other discipline upon any  certificate  of
                                                                        
                                           6
                                                                        
  1    registration license for any one (1) or combination of the following causes:
  2        (1.)  Conviction  of  a  felony shown by a certified copy of the record of
  3    the court of conviction;
  4        (2.)  Gross malpractice or gross incompetency;
  5        (3.)  Failure to meet the sanitary and health requirements as  promulgated
  6    for barbers under the provisions of this chapter;
  7        (4.)  Advertising by means of knowingly false or deceptive statements;
  8        (5.)  Habitual  drunkenness  or habitual addiction to the use of morphine,
  9    cocaine or other habit-forming drugs;
 10        (6.)  Immoral or unprofessional conduct; and
 11        (7.)  The commission of any of the offenses described in  section  54-519,
 12    Idaho Code.
 13        The  board may suspend for not more than thirty (30) days or until compli-
 14    ance with the requirements, a barber shop license if the  owner  and  operator
 15    fail  to meet the sanitary requirements of the board or if either the owner or
 16    operator employs unlicensed barbers in the shop.
 17        (8)  The board may refuse to issue or renew a permit or license for a per-
 18    son who is in default in the repayment  of  any  student  loan  guaranteed  or
 19    insured  by  a  state  or  the federal government if, at the time the loan was
 20    incurred, the student is provided notice of the power of the board  to  refuse
 21    to  issue or renew a permit or license in the event of a default in the repay-
 22    ment, which notice shall be in writing and acknowledged by  the  signature  of
 23    the  student six (6) months prior to the refusal to issue or renew a permit or
 24    license. The board shall not renew the permit or license until the  person  in
 25    default  enters into a payment agreement with the financial institution or its
 26    assignee and the board  is  notified  by  the  financial  institution  or  its
 27    assignee  that  the agreement is in effect and in compliance with U.S. depart-
 28    ment of education regulations.
 29        (9)  The violation of any of the provisions of this act, or  rule  adopted
 30    pursuant thereto.
                                                                        
 31        SECTION  11.  That  Section 54-517, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        54-517.  HEARINGS. The board may neither refuse to  issue  nor  refuse  to
 34    renew,  nor  suspend,  nor  revoke  any  certificate of registration permit or
 35    license, however, for any of these causes unless the person accused  has  been
 36    given  at  least twenty (20) days' notice in writing of the charge against him
 37    and a public hearing by the board.
 38        Upon the hearing of any such proceeding, said board may  administer  oaths
 39    and  may  procure by its subpoena, the attendance of witnesses and the produc-
 40    tion of relevant books and papers.
 41        Any district court, or any judge of the district  court,  either  in  term
 42    time  or  in  vacation, upon application either of the accused or of the board
 43    may, by order duly entered, require the attendance of witnesses and  the  pro-
 44    duction of relevant books and papers before said board in any hearing relating
 45    to  the  refusal,  suspension or revocation of certificates for registration a
 46    permit or license.
                                                                        
 47        SECTION 12.  That Section 54-518, Idaho Code, be, and the same  is  hereby
 48    amended to read as follows:
                                                                        
 49        54-518.  FEES. The various fees to be paid by applicants for original reg-
 50    istrations,  original  licenses,  annual  renewals,  certificates  issued upon
 51    endorsement permits and examinations as required under this chapter  shall  be
                                                                        
                                           7
                                                                        
  1    fixed by rules of the board in amounts not to exceed the following:
  2        (1.)  Original   registrations,  licenses,  permits  and  annual  renewals
  3    thereof:
  4             approved  barber  college  within  the  state,  original  certificate
  5             license/annual renewals.......................................$200.00
  6             approved barber college located outside the state, original  certifi-
  7             cate license/annual renewals...................................100.00
  8             barbershop original license/annual renewals.....................50.00
  9             registered barber, original license/annual renewals.............50.00
 10             barber-stylist, original license/annual renewals................50.00
 11             teacher, original license/annual renewals.......................60.00
 12             student registration (no renewal fees required).................60.00
 13             temporary permit fee (no renewal fees required).................60.00
 14             endorsement.....................................................80.00
 15        (2.)  Examination/Reexamination:
 16             registered barber.............................................$ 75.00
 17             teacher certificate license examination........................100.00
 18        All  fees shall be paid to the bureau of occupational licenses. Fees shall
 19    not be prorated or refundable. The fee for reinstatement shall be as  provided
 20    in section 67-2614, Idaho Code. All certificates/ licenses expire on June 30.
                                                                        
 21        SECTION  13.  That  Section 54-519, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        54-519.  CERTAIN ACTS PROHIBITED. Each of the following constitutes  shall
 24    be  unlawful  and punishable as a misdemeanor, punishable upon conviction by a
 25    fine of not less than twenty-five dollars ($25.00), nor more than two  hundred
 26    dollars ($200):
 27        (1.)  The violation of any of the provisions of this chapter;
 28        (2.)  Permitting  any  person  in  one's employ, supervision or control to
 29    practice as a barber or barber-stylist unless that person has a  valid,  unre-
 30    voked  certificate  of  registration  license  as a registered barber, barber-
 31    stylist, or a temporary permit from the department or to practice  cosmetology
 32    unless  that  person  has  a valid, unrevoked certificate of registration as a
 33    registered cosmetologist;
 34        (3.)  Obtaining or attempting to  obtain  a  certificate  of  registration
 35    license for money other than the required fee, or any other thing of value, or
 36    by fraudulent misrepresentation;
 37        (4.)  Practicing  or  attempting  to practice by fraudulent misrepresenta-
 38    tions;
 39        (5.)  The wilful willful failure to display a certificate of  registration
 40    license as required by section 54-514, Idaho Code; or
 41        (6.)  The  use of any room or place for cutting or trimming the hair which
 42    is also used for residential or business purposes (except  the  sale  of  such
 43    commodities as are used in barber shops barbershops) unless a substantial par-
 44    tition  of  ceiling height separates the portion used for residential or busi-
 45    ness purposes.
 46        (7)  Maintaining or  operating  a  barbershop  or  barber  college  unless
 47    licensed as herein provided.
                                                                        
 48        SECTION  14.  That  Section 54-521, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
                                                                        
 50        54-521.  BOARD OF BARBER EXAMINERS -- POWERS AND DUTIES -- DESIGNATION  OF
 51    PERSONS  TO  REPORT  TO BOARD. There is hereby created, and established in the
                                                                        
                                           8
                                                                        
  1    department of self-governing agencies, the  board  of  barber  examiners.  The
  2    board may, by written agreement, authorize the bureau of occupational licenses
  3    as agent to act in its interest (in this chapter referred to as the board) and
  4    in addition to the powers herein elsewhere conferred, shall have the following
  5    powers and it shall be the duty of the board:
  6        (1)  To  conduct  examinations to ascertain the qualifications and fitness
  7    of applicants for licenses hereunder and to pass upon  the  qualifications  of
  8    all applicants for licenses.
  9        (2)  To conduct hearings and proceedings in accordance with the provisions
 10    of  chapter  52,  title  67, Idaho Code, to revoke licenses  issued under this
 11    chapter and to revoke such licenses subject to the provisions of this chapter.
 12        (3)  To designate what schools of barbering within and without  the  state
 13    are  approved  schools, and from time to time, to change such designations and
 14    to keep public records thereof.
 15        (4)  To prescribe rules in accordance with the provisions of  chapter  52,
 16    title 67, Idaho Code, for a fair and wholly impartial method of examination of
 17    applicants  for  licenses  hereunder and, subject to the provisions of chapter
 18    52, title 67, Idaho Code,  for  conducting  hearings  for  the  revocation  of
 19    licenses,  defining  the qualifications of an approved school of barbering and
 20    for the administration of this chapter in general.
 21        Excepting the regulation of schools  under  section  54-507,  Idaho  Code,
 22    hereof, and the issuance of licenses under section 54-513, Idaho Code, none of
 23    the powers and duties specified in the subsections (1) to (4) of this section,
 24    shall  be  exercised  by  the said bureau except on the action of the board of
 25    barber examiners. When vacancies occur  on  said  board,  the  governor  shall
 26    appoint  new  members, but not more than a total of three (3) members, each of
 27    whom shall be a registered barber, and shall have been a resident of, and law-
 28    fully practicing barbering within the state of Idaho for a period of at  least
 29    five  (5)  years  next before his appointment, and who is neither directly nor
 30    indirectly in any way connected with or interested in the barber supply  busi-
 31    ness  nor  in any institution offering instruction in barbering. In appointing
 32    the members of such board the governor shall give consideration to the  recom-
 33    mendations  received  from  the Idaho state barbers association. The board and
 34    all assistants shall be compensated as provided by section  59-509(gh),  Idaho
 35    Code.
 36        The  regular term of office of a member of the board shall begin as of the
 37    first Monday of July of the year in which he is appointed and  shall  continue
 38    for  three  (3)  years  thereafter. A member appointed to fill a vacancy occa-
 39    sioned otherwise than by expiration of a term shall serve the  unexpired  term
 40    of his predecessor.
 41        A  vacancy  in membership in the board shall occur, and be declared by the
 42    governor, whenever the regular term of a member expires, or whenever a  member
 43    dies,  resigns, or is found by the governor to be mentally or physically inca-
 44    pable of acting, or to be neglecting or refusing to act, or to cease  to  have
 45    the  qualifications  of  a  member, or to have acquired disqualifications of a
 46    member, or to have been absent without reasonable cause from two  (2)  succes-
 47    sive meetings of the board.
 48        The  board  of  barber examiners shall select from its members a chairman,
 49    vice-chairman vice chairman, and secretary who shall serve at the pleasure  of
 50    the board.
 51        The  action and report in writing of the board so designated shall be suf-
 52    ficient authority upon which the bureau may act.
 53        Whenever the board is satisfied that  substantial  justice  has  not  been
 54    done, either in examination or in revocation of a license or otherwise, it may
 55    order a reexamination or rehearing of the matter.
                                                                        
                                           9
                                                                        
  1        SECTION  15.  That  Section 54-527, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        54-527.  CERTIFICATES LICENSES OF TEACHERS. The board of barber  examiners
  4    is  authorized  to issue certificates licenses to teach in a barber school and
  5    must determine by examination the qualifications of applicants to teach.
                                                                        
  6        SECTION 16.  That Section 54-528, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        54-528.  QUALIFICATIONS  OF TEACHERS. No person shall teach or be employed
  9    to teach in any barber school within the state, who at the time  of  rendering
 10    such  service is not a holder of a teacher's certificate license for barbering
 11    or cosmetology.
 12        No person shall be issued a teacher's certificate  license  until  he  has
 13    satisfactorily  completed a minimum six (6) month course of barber teaching as
 14    a student in a properly licensed barber college or had a minimum of three  (3)
 15    years'  experience in practical barbering. Any person who makes application to
 16    obtain a certificate license to teach barbering and barber-styling  must  pass
 17    satisfactorily  the  barber teachers' examination to be conducted by the board
 18    of barber examiners.
 19        The barber teachers' examination  will  determine  fully  the  applicants'
 20    ability to teach all the branches of barbering, both practical and scientific.
 21        A  barber  teacher's license may be renewed annually by the payment of the
 22    required fee and proof of  having  met  the  continued  education  as  may  be
 23    required by board rule.
                                                                        
 24        SECTION  17.  That  Section 54-530, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        54-530.  JUDICIAL REVIEW. Any person who shall feel aggrieved by an action
 27    of the board in denying, suspending or revoking his certificate  of  registra-
 28    tion or license may seek judicial review thereof in accordance with the provi-
 29    sions of chapter 52, title 67, Idaho Code.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                                     Moved by    Callister           
                                                                        
                                                     Seconded by Kellogg             
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENTS TO H.B. NO. 28
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 3
  2        On page 2 of the printed bill, in line 41, delete  "two  (2)  years  of  a
  3    twelfth  grade  high  school  education"  and  insert:  "two (2) years of high
  4    school"; in line 42, delete "education" and insert: "education"; also in  line
  5    42, delete "an examination conducted by" and insert: "an examination conducted
  6    by"; in line 45, delete "and temperate habits" and insert: "and temperate hab-
  7    its"; on page 3, delete lines 8 and 9, and insert:
  8        "(a) Has two (2) years of high school or an equivalent education as deter-
  9        mined  by  an examination conducted by the board; and"; in line 11, delete
 10        "and temperate habits"; and in line 13, delete "one thousand  two  hundred
 11        (1,200)" and insert: "nine hundred (900)".
                                                                        
 12                               AMENDMENTS TO SECTION 4
 13        On  page  3, in line 35, delete "one thousand two" and insert: "nine"; and
 14    in line 36, delete "(1,200)" and insert: "(900)".
                                                                        
 15                               AMENDMENTS TO SECTION 8
 16        On page 5, in line 23, following "BARBERING" insert: "OR  BARBER-STYLING";
 17    in  line 25, delete "and temperate habits" and insert: "and temperate habits";
 18    in line 27, following "barber" insert: "or barber-stylist"; in line  29,  fol-
 19    lowing  "barbers" insert: "or barber-stylists"; in line 30, following "barber"
 20    insert: "or barber-stylist"; and in line 32, following  "barber"  insert:  "or
 21    barber-stylist".
                                                                        
 22                               AMENDMENTS TO SECTION 10
 23        On  page  5, in line 45, delete "PERMIT OR"; in line 47, delete "or impose
 24    any other discipline upon"; on page 6, delete lines 17 through 28; in line 29,
 25    delete "(9)" and insert: "(8)"; and also in line 29, delete "act" and  insert:
 26    "chapter".
                                                                        
 27                               AMENDMENTS TO SECTION 11
 28        On  page 6, in line 34, delete "permit or"; and in line 46, delete "permit
 29    or".
                                                                        
 30                               AMENDMENTS TO SECTION 12
 31        On page 6, in line 51, delete "permits"; and on page 7, in line 2,  delete
 32    ", permits".
                                                                        
 33                                 CORRECTIONS TO TITLE
 34        On page 1, in line 14, following "CODE," insert: "TO PROVIDE REFERENCES TO
 35    BARBER-STYLISTS,  TO  DELETE LANGUAGE REFERRING TO TEMPERATE HABITS,"; in line
 36    17, delete "TO BROADEN DISCIPLINARY AUTHORITY  OF  THE  BOARD";  in  line  18,
 37    delete  "OF BARBER EXAMINERS, TO PROVIDE" and insert: "TO CLARIFY GROUNDS"; in
                                                                        
                                          2
                                                                        
  1    line 19, delete "PERMITS AND"; also in line 19, delete "TO CLARIFY  BASIS  FOR
  2    DISCIPLINE"  and  insert: "TO PROVIDE REFERENCE TO LICENSE, TO DELETE LANGUAGE
  3    REFERRING TO SUSPENSION OF LICENSE IF AN OWNER OR OPERATOR FAILS TO MEET SANI-
  4    TARY REQUIREMENTS OR EMPLOYS UNLICENSED BARBERS, TO PROVIDE THAT A LICENSE MAY
  5    BE REFUSED, REVOKED OR SUSPENDED BASED UPON CERTAIN VIOLATIONS"; in  line  22,
  6    delete "PERMIT OR"; and in line 23, delete "PERMIT AND LICENSE".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 28, As Amended
                                                                        
                                       BY MR. SPEAKER
                       Requested by: Bureau of Occupational Licenses
                                                                        
  1                                        AN ACT
  2    RELATING TO BARBERS; AMENDING SECTION 54-501, IDAHO CODE, TO  PROVIDE  PURPOSE
  3        OF  LICENSURE; AMENDING SECTION 54-502, IDAHO CODE, TO ADD DESIGNATION AND
  4        DEFINITION OF "BARBER-STYLIST"  AND  TO  ADD  DEFINITION  OF  "BARBERING";
  5        AMENDING  SECTION 54-506, IDAHO CODE, TO PROVIDE QUALIFICATIONS FOR LICEN-
  6        SURE; AMENDING  SECTION  54-507,  IDAHO  CODE,  TO  REQUIRE  LICENSING  OF
  7        APPROVED  BARBER  COLLEGES  AND  TO  MODIFY  REQUIREMENTS FOR INSTRUCTION;
  8        AMENDING SECTION 54-509, IDAHO CODE, TO REQUIRE THAT THE FEE AND  A  PASS-
  9        PORT  PHOTOGRAPH  ACCOMPANY THE APPLICATION FOR EXAMINATION; AMENDING SEC-
 10        TION 54-510, IDAHO CODE, TO PROVIDE FOR EXAMINATION OF BARBER-STYLISTS, TO
 11        PROVIDE FOR LICENSURE AND TO CLARIFY  EXAMINATION  REQUIREMENTS;  AMENDING
 12        SECTION  54-511,  IDAHO  CODE, TO PROVIDE FOR ISSUANCE OF REGISTRATION AND
 13        LICENSE AS A BARBER OR  BARBER-STYLIST;  AMENDING  SECTION  54-512,  IDAHO
 14        CODE,  TO PROVIDE REFERENCES TO BARBER-STYLISTS, TO DELETE LANGUAGE REFER-
 15        RING TO TEMPERATE HABITS, TO PROHIBIT PRACTICE  AS  A  BARBER  OR  BARBER-
 16        STYLIST WITHOUT A LICENSE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
 17        TION 54-514, IDAHO CODE, TO REQUIRE DISPLAY OF LICENSE AND TO MAKE TECHNI-
 18        CAL  CORRECTIONS;  AMENDING SECTION 54-516, IDAHO CODE, TO CLARIFY GROUNDS
 19        FOR REFUSAL, REVOCATION OR SUSPENSION OF LICENSES, TO PROVIDE REFERENCE TO
 20        LICENSE, TO DELETE LANGUAGE REFERRING TO SUSPENSION OF LICENSE IF AN OWNER
 21        OR OPERATOR FAILS TO MEET SANITARY REQUIREMENTS OR EMPLOYS UNLICENSED BAR-
 22        BERS, TO PROVIDE THAT A LICENSE MAY BE REFUSED, REVOKED OR SUSPENDED BASED
 23        UPON CERTAIN VIOLATIONS AND TO MAKE TECHNICAL CORRECTIONS;  AMENDING  SEC-
 24        TION 54-517, IDAHO CODE, TO PROVIDE FOR NOTICE AND HEARING BY THE BOARD OF
 25        BARBER  EXAMINERS PRIOR TO THE BOARD'S REFUSAL TO ISSUE, RENEW, SUSPEND OR
 26        REVOKE A LICENSE; AMENDING SECTION 54-518,  IDAHO  CODE,  TO  PROVIDE  FOR
 27        FEES,  TO  PROVIDE  AN ORIGINAL LICENSE AND ANNUAL RENEWAL FEE FOR BARBER-
 28        STYLISTS AND TO MAKE TECHNICAL CHANGES;  AMENDING  SECTION  54-519,  IDAHO
 29        CODE, TO DELETE REFERENCE TO A FINE FOR MISDEMEANOR CONVICTION AND TO PRO-
 30        HIBIT  PRACTICE  BY  UNLICENSED  BARBER-STYLISTS, FRAUDULENT OBTAINMENT OF
 31        LICENSES, FAILURE TO DISPLAY LICENSES AND UNLICENSED OPERATION OF  A  SHOP
 32        OR  SCHOOL  AND  TO  MAKE  TECHNICAL CORRECTIONS; AMENDING SECTION 54-521,
 33        IDAHO CODE, TO INCREASE BOARD COMPENSATION AND TO MAKE  TECHNICAL  CORREC-
 34        TIONS;  AMENDING  SECTION  54-527,  IDAHO CODE, TO PROVIDE FOR ISSUANCE OF
 35        LICENSES TO TEACHERS; AMENDING SECTION  54-528,  IDAHO  CODE,  TO  REQUIRE
 36        LICENSING  OF  BARBER TEACHERS AND TO PROVIDE QUALIFICATIONS FOR LICENSING
 37        OF TEACHERS OF BARBERING AND BARBER-STYLING; AND AMENDING SECTION  54-530,
 38        IDAHO CODE, TO DELETE REFERENCE TO CERTIFICATE OF REGISTRATION.
                                                                        
 39    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 40        SECTION  1.  That  Section  54-501, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
 42        54-501.  REQUIREMENTS OF REGISTRATION LICENSURE AND  BARBERSHOP    LICENSE
 43    LICENSURE. After July 1, 1927, in order to safeguard the public health, safety
                                                                        
                                           2
                                                                        
  1    and welfare, it shall be unlawful to practice, or attempt to practice, barber-
  2    ing  without  a  certificate  of  registration  license as a registered barber
  3    issued pursuant to provisions of this act by the board of barber examiners.
  4        After July 1, 1957, in order to safeguard the public  health,  safety  and
  5    welfare,  it  shall be unlawful to own or operate any barbershop unless a bar-
  6    bershop license is first obtained from  the  board.  The  applicant  for  such
  7    license  must  furnish proof that the shop is located and equipped to meet the
  8    sanitary requirements and rules of the board. The maintenance of a  bona  fide
  9    establishment with a permanent and definite location shall be prerequisite for
 10    the  issuance  of  a  barbershop license, the establishment of itinerant shops
 11    being prohibited. The holder of a barbershop license must notify the board  in
 12    writing  of  any  change  of  address  and  at the same time shall return said
 13    license, upon the fact of which such change  shall  be  properly  indorsed.  A
 14    change  of  address  by  a  licensee without such notice and indorsement shall
 15    operate to cancel the license.
                                                                        
 16        SECTION 2.  That Section 54-502, Idaho Code, be, and the  same  is  hereby
 17    amended to read as follows:
                                                                        
 18        54-502.  PRACTICE DEFINED. Any one (1) or any combination of the following
 19    practices  (when  done upon the upper part of the human body for cosmetic pur-
 20    poses and not for the treatment of disease or physical or mental ailments  and
 21    when done for payment either directly or indirectly or without payment for the
 22    public generally) constitutes the practice of barbering or barber-styling:
 23        (1)  Barber-Styling:  Shaving  or trimming the beard or cutting, trimming,
 24    arranging, dressing, curling, waving by any method, straightening,  cleansing,
 25    singeing, bleaching, coloring, or similar work upon the hair;
 26        Fitting, cutting or dressing hairpieces or toupees;
 27        Giving  facial  and scalp massage or treatments with oils, creams, lotions
 28    or other preparations, either by hand or mechanical appliances;
 29        Applying cosmetic  preparations,  antiseptics,  powders,  oils,  clays  or
 30    lotions to scalp, face, neck or upper part of the body.
 31        (2)  Barbering:  Shaving  or  trimming  the  beard  or  cutting, trimming,
 32    arranging, dressing, curling, cleansing, singeing, or similar  work  upon  the
 33    hair;
 34        Fitting, cutting or dressing hairpieces or toupees;
 35        Giving  facial  and scalp massage or treatments with oils, creams, lotions
 36    or other preparations, either by hand or mechanical appliances;
 37        Applying cosmetic  preparations,  antiseptics,  powders,  oils,  clays  or
 38    lotions to scalp, face, neck or upper part of the body.
                                                                        
 39        SECTION  3.  That  Section  54-506, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        54-506.  QUALIFICATIONS FOR  CERTIFICATE  OF  REGISTRATION  AS  REGISTERED
 42    LICENSURE.  (1) A person is qualified to receive a certificate of registration
 43    license to practice barbering as a barber-stylist who:
 44        1.(a)  Who hHas two (2) years of high school or an equivalent education as
 45        determined by an examination conducted by the board.; and
 46        2.(b)  Who iIs at least sixteen and one-half (16 1/2) years of age.; and
 47        3.(c)  Who iIs of good moral character and temperate habits.; and
 48        4.(d)  Who hHas completed  and  graduated  from  a  course  consisting  of
 49        instruction  of  at  least  seventeen  one thousand eight hundred (17,800)
 50        hours within a period of ten and one-half (10 1/2) months in a  school  of
 51        barbering approved by the board.; and
                                                                        
                                           3
                                                                        
  1        5.(e)  As  applicant  shall  be  required  to  submit to and sSuccessfully
  2        passes a barber's an examination under the supervision  of  the  board  of
  3        barber  examiners. An applicant for a certificate of registration to prac-
  4        tice as a barber who fails to pass a satisfactory  examination  must  com-
  5        plete  a  further course of three (3) months of not less than five hundred
  6        (500) hours in an approved school of barbering before he  is  entitled  to
  7        take an examination again
  8        (2)  A  person  is  qualified to receive a license to practice as a barber
  9    who:
 10        (a)  Has two (2) years of high school or an equivalent education as deter-
 11        mined by an examination conducted by the board; and
 12        (b)  Is at least sixteen and one-half (16 1/2) years of age; and
 13        (c)  Is of good moral character; and
 14        (d)  Has completed and graduated from a course of instruction of at  least
 15        nine  hundred  (900) hours in a school of barbering approved by the board;
 16        and
 17        (e)  Successfully passes an examination under the supervision of the board
 18        of barber examiners.
                                                                        
 19        SECTION 4.  That Section 54-507, Idaho Code, be, and the  same  is  hereby
 20    amended to read as follows:
                                                                        
 21        54-507.  APPROVED  BARBER  COLLEGES  --  REQUIREMENTS  --  BOND. No school
 22    teaching the art or science of barbering shall be approved by  the  board  nor
 23    shall  it  operate  or be recognized licensed as a school of barbering, unless
 24    the entrance requirements are equal to those which are  required  for  appren-
 25    tices  under section 54-506, Idaho Code. An approved college may teach special
 26    courses, but as a prerequisite to graduation the college must give provide:
 27        (1)  A a course of instruction for barber-stylists of not less than seven-
 28    teen one thousand eight hundred (17,800) hours over a period of not less  than
 29    ten  and one-half (10 1/2) months and include in its course of instruction the
 30    following subjects:
 31        Sscientific fundamentals for barbering: hygiene;  bacteriology;  histology
 32    of  the hair, skin, nails, muscles and nerves; structure of the head, face and
 33    neck; elementary chemistry relating to sterilization and antiseptics; diseases
 34    of the skin, hair, glands and nails; massaging and manipulating the muscles of
 35    the upper body; hair  cutting;  shaving;  and  arranging,  dressing,  curling,
 36    waving, straightening, coloring, bleaching and tinting of the hair; and
 37        (2)  A  course  of  instruction  for barbers of not less than nine hundred
 38    (900) hours and include in its course of instruction the scientific  fundamen-
 39    tals for barbering: hygiene; bacteriology; histology of the hair, skin, nails,
 40    muscles and nerves; structure of the head, face and neck; elementary chemistry
 41    relating  to sterilization and antiseptics; diseases of the skin, hair, glands
 42    and nails; massaging and manipulating the muscles of the upper body; hair cut-
 43    ting; shaving; and arranging and dressing of the hair.
 44        For the purpose of this chapter, a recognized approved  barber  school  or
 45    college  (hereinafter  referred  to  as a college) shall be understood to be a
 46    college that has met with the provisions of this  chapter,  and  has  a  valid
 47    unrevoked  certificate  license  issued  by the board, to the effect that said
 48    college is approved by the state of Idaho.
 49        No college in the state shall advertise or use any signs or terms to indi-
 50    cate that the college is approved, recognized, accredited,  or  certified,  or
 51    licensed  unless said college is approved licensed by the board. Every college
 52    shall advertise as a college and make known to the public and  customers  that
 53    the work is being done by students.
                                                                        
                                           4
                                                                        
  1        All  instructors  in  an approved college must be licensed in the state of
  2    Idaho as a barber instructor or a cosmetology instructor.
  3        Every instructor in an approved college shall devote  his  or  her  entire
  4    time  during  class  hours  to  that of instructing the students and shall not
  5    apply his time to that of private or public  practice  during  the  school  or
  6    class hours.
  7        School  hours  for the purpose of instruction in an approved college shall
  8    not begin before 8 a.m., or continue longer than 6 p.m.,  and  shall  be  con-
  9    ducted for at least five (5) days during the week except Sunday and holidays.
 10        The  school  day  in an approved college shall not be divided into periods
 11    that may work to the detriment of the students. Each student shall be required
 12    to work or receive instruction in the college at least seven  (7)  hours  each
 13    day.  Credit  will  be allowed students for their actual time in attendance at
 14    the college, but not to exceed eight (8) hours per day.
 15        A college furnishing satisfactory evidence  that  it  is  maintaining  the
 16    requirements  set forth in this chapter, whether located within or without the
 17    state, shall, upon the payment of the required fee, be  issued  a  certificate
 18    license to the effect that the college is approved by the board.
 19        A certificate license issued to a college must be renewed annually on July
 20    first  of  each  year.  Should a college fail or refuse to renew a certificate
 21    license said college shall cease to operate if within the state of  Idaho  and
 22    be removed from the list of the approved colleges.
 23        The  board may cancel or refuse to renew a certificate license issued to a
 24    college upon proof that said college has failed or refused to  meet  with  the
 25    requirements for approved colleges set forth in this chapter.
 26        One (1) instructor must be employed to each fifteen (15) students or frac-
 27    tional  part thereof and one (1) barber instructor must be employed on a full-
 28    time basis in each school or college.
 29        Every school or college approved by the board shall deliver to the  board,
 30    a  bond  to  the state of Idaho in a form approved by the board, and renew the
 31    same annually, in the sum of two thousand dollars ($2,000), executed by a cor-
 32    porate surety company duly authorized to do business  in  this  state,  condi-
 33    tioned  that  such  school  or  college  shall continue to give its courses of
 34    instruction, in accordance with the provision of this chapter,  until  it  has
 35    completed  all  such courses for which students have enrolled, and conditioned
 36    that such school or college shall fully comply with all promises or  represen-
 37    tations made to enrolled students as an inducement to such students to enroll.
 38    Any  student  so  enrolled who may be damaged by reason of the failure of such
 39    school or college to comply with such conditions, shall have a right of action
 40    in his or her own name, on such bonds, for such damage.
                                                                        
 41        SECTION 5.  That Section 54-509, Idaho Code, be, and the  same  is  hereby
 42    amended to read as follows:
                                                                        
 43        54-509.  APPLICATION  FOR  EXAMINATION.  Each  applicant  for  examination
 44    shall:
 45        Make  application to the board of barber examiners on blank forms prepared
 46    and furnished by said board and furnish to the board two  one  (21)  3"  x  2"
 47    passport  photographs of the applicant, which shall accompany the application.
 48    Should he pass, one (1) photograph is attached permanently to his  certificate
 49    of  registration,  and  he  shall  pay to the board together with the required
 50    fees.
                                                                        
 51        SECTION 6.  That Section 54-510, Idaho Code, be, and the  same  is  hereby
 52    amended to read as follows:
                                                                        
                                           5
                                                                        
  1        54-510.  EXAMINATIONS.  The board of barber examiners shall conduct exami-
  2    nations of applicants for certificates of registration licensure  to  practice
  3    as  registered  barbers  and  barber-stylists at such times and places as said
  4    board may determine.
  5        The examination of applicants for certificates of  registration  licensure
  6    as  registered  barbers  and  barber-stylists  shall  include both a practical
  7    demonstration and a written and oral test, and shall embrace the subjects usu-
  8    ally taught in schools of barbering approved by the board.
  9        An examination is failed when an applicant obtains a score of below seven-
 10    ty-five percent (75%). Any applicant failing below seventy-five percent  (75%)
 11    on any portion of the examination on the first attempt will not be required to
 12    complete any additional training. An applicant failing below seventy-five per-
 13    cent (75%) on a second attempt and all subsequent attempts will be required to
 14    complete  additional  training  equal  to twenty percent (20%) of the original
 15    course of instruction.
                                                                        
 16        SECTION 7.  That Section 54-511, Idaho Code, be, and the  same  is  hereby
 17    amended to read as follows:
                                                                        
 18        54-511.  ISSUANCE OF CERTIFICATE OF REGISTRATION AND LICENSE. Whenever the
 19    provisions  of  this  chapter have been complied with, the board shall issue a
 20    certificate of registration and license  as  either  a  registered  barber  or
 21    barber-stylist.
                                                                        
 22        SECTION  8.  That  Section  54-512, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        54-512.  PERSONS HAVING PRACTICED BARBERING OR BARBER-STYLING  IN  ANOTHER
 25    STATE  OR  COUNTRY. A person who is at least eighteen (18) years of age and of
 26    good moral character and temperate habits and who has completed two (2)  years
 27    of high school or its equivalent as determined by the board, and either:
 28        (1.)  Has  a license or certificate of registration as a practicing barber
 29    or barber-stylist from another state or country, which has  substantially  the
 30    same  requirements  for licensing or registering barbers or barber-stylists as
 31    required by this chapter, or
 32        (2.)  Who has been licensed as a barber or barber-stylist in another state
 33    or country for at least three (3) years immediately prior to  making  applica-
 34    tion in this state:
 35        May  be  granted a license by the board to practice as a registered barber
 36    or barber-stylist upon application and payment of the required  fee.  No  such
 37    license  may  be issued except upon authorization by the board. It is unlawful
 38    for any person to practice as a registered barber or barber-stylist without  a
 39    certificate of registration license.
                                                                        
 40        SECTION  9.  That  Section  54-514, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
 42        54-514.  DISPLAY OF CERTIFICATE AND LICENSE. Every holder of a certificate
 43    of registration license shall display it in a conspicuous place adjacent to or
 44    near his work chair. A barbershop license must at all times  during  the  term
 45    thereof be displayed in the barber shop barbershop for which it is issued.
                                                                        
 46        SECTION  10.  That  Section 54-516, Idaho Code, be, and the same is hereby
 47    amended to read as follows:
                                                                        
                                           6
                                                                        
  1        54-516.  REFUSAL, REVOCATION OR SUSPENSION OF CERTIFICATE AND LICENSE. The
  2    board of barber examiners may either refuse to issue or renew or  may  suspend
  3    or  revoke any certificate of registration license for any one (1) or combina-
  4    tion of the following causes:
  5        (1.)  Conviction of a felony shown by a certified copy of  the  record  of
  6    the court of conviction;
  7        (2.)  Gross malpractice or gross incompetency;
  8        (3.)  Failure  to meet the sanitary and health requirements as promulgated
  9    for barbers under the provisions of this chapter;
 10        (4.)  Advertising by means of knowingly false or deceptive statements;
 11        (5.)  Habitual drunkenness or habitual addiction to the use  of  morphine,
 12    cocaine or other habit-forming drugs;
 13        (6.)  Immoral or unprofessional conduct; and
 14        (7.)  The  commission  of any of the offenses described in section 54-519,
 15    Idaho Code.
 16        The board may suspend for not more than thirty (30) days or until  compli-
 17    ance  with  the  requirements, a barber shop license if the owner and operator
 18    fail to meet the sanitary requirements of the board or if either the owner  or
 19    operator employs unlicensed barbers in the shop.
 20        (8)  The  violation  of  any  of  the  provisions of this chapter, or rule
 21    adopted pursuant thereto.
                                                                        
 22        SECTION 11.  That Section 54-517, Idaho Code, be, and the same  is  hereby
 23    amended to read as follows:
                                                                        
 24        54-517.  HEARINGS.  The  board  may  neither refuse to issue nor refuse to
 25    renew, nor suspend, nor revoke any certificate of registration  license,  how-
 26    ever,  for  any  of  these  causes unless the person accused has been given at
 27    least twenty (20) days' notice in writing of the charge against him and a pub-
 28    lic hearing by the board.
 29        Upon the hearing of any such proceeding, said board may  administer  oaths
 30    and  may  procure by its subpoena, the attendance of witnesses and the produc-
 31    tion of relevant books and papers.
 32        Any district court, or any judge of the district  court,  either  in  term
 33    time  or  in  vacation, upon application either of the accused or of the board
 34    may, by order duly entered, require the attendance of witnesses and  the  pro-
 35    duction of relevant books and papers before said board in any hearing relating
 36    to  the  refusal,  suspension or revocation of certificates for registration a
 37    license.
                                                                        
 38        SECTION 12.  That Section 54-518, Idaho Code, be, and the same  is  hereby
 39    amended to read as follows:
                                                                        
 40        54-518.  FEES. The various fees to be paid by applicants for original reg-
 41    istrations,  original  licenses,  annual  renewals,  certificates  issued upon
 42    endorsement and examinations as required under this chapter shall be fixed  by
 43    rules of the board in amounts not to exceed the following:
 44        (1.)  Original registrations, licenses and annual renewals thereof:
 45             approved  barber  college  within  the  state,  original  certificate
 46             license/annual renewals.......................................$200.00
 47             approved  barber college located outside the state, original certifi-
 48             cate license/annual renewals...................................100.00
 49             barbershop original license/annual renewals.....................50.00
 50             registered barber, original license/annual renewals.............50.00
 51             barber-stylist, original license/annual renewals................50.00
                                                                        
                                           7
                                                                        
  1             teacher, original license/annual renewals.......................60.00
  2             student registration (no renewal fees required).................60.00
  3             temporary permit fee (no renewal fees required).................60.00
  4             endorsement.....................................................80.00
  5        (2.)  Examination/Reexamination:
  6             registered barber.............................................$ 75.00
  7             teacher certificate license examination........................100.00
  8        All fees shall be paid to the bureau of occupational licenses. Fees  shall
  9    not  be prorated or refundable. The fee for reinstatement shall be as provided
 10    in section 67-2614, Idaho Code. All certificates/ licenses expire on June 30.
                                                                        
 11        SECTION 13.  That Section 54-519, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
                                                                        
 13        54-519.  CERTAIN  ACTS PROHIBITED. Each of the following constitutes shall
 14    be unlawful and punishable as a misdemeanor, punishable upon conviction  by  a
 15    fine  of not less than twenty-five dollars ($25.00), nor more than two hundred
 16    dollars ($200):
 17        (1.)  The violation of any of the provisions of this chapter;
 18        (2.)  Permitting any person in one's employ,  supervision  or  control  to
 19    practice  as  a barber or barber-stylist unless that person has a valid, unre-
 20    voked certificate of registration license  as  a  registered  barber,  barber-
 21    stylist,  or a temporary permit from the department or to practice cosmetology
 22    unless that person has a valid, unrevoked certificate  of  registration  as  a
 23    registered cosmetologist;
 24        (3.)  Obtaining  or  attempting  to  obtain  a certificate of registration
 25    license for money other than the required fee, or any other thing of value, or
 26    by fraudulent misrepresentation;
 27        (4.)  Practicing or attempting to practice  by  fraudulent  misrepresenta-
 28    tions;
 29        (5.)  The  wilful willful failure to display a certificate of registration
 30    license as required by section 54-514, Idaho Code; or
 31        (6.)  The use of any room or place for cutting or trimming the hair  which
 32    is  also  used  for  residential or business purposes (except the sale of such
 33    commodities as are used in barber shops barbershops) unless a substantial par-
 34    tition of ceiling height separates the portion used for residential  or  busi-
 35    ness purposes.
 36        (7)  Maintaining  or  operating  a  barbershop  or  barber  college unless
 37    licensed as herein provided.
                                                                        
 38        SECTION 14.  That Section 54-521, Idaho Code, be, and the same  is  hereby
 39    amended to read as follows:
                                                                        
 40        54-521.  BOARD  OF BARBER EXAMINERS -- POWERS AND DUTIES -- DESIGNATION OF
 41    PERSONS TO REPORT TO BOARD. There is hereby created, and  established  in  the
 42    department  of  self-governing  agencies,  the  board of barber examiners. The
 43    board may, by written agreement, authorize the bureau of occupational licenses
 44    as agent to act in its interest (in this chapter referred to as the board) and
 45    in addition to the powers herein elsewhere conferred, shall have the following
 46    powers and it shall be the duty of the board:
 47        (1)  To conduct examinations to ascertain the qualifications  and  fitness
 48    of  applicants  for  licenses hereunder and to pass upon the qualifications of
 49    all applicants for licenses.
 50        (2)  To conduct hearings and proceedings in accordance with the provisions
 51    of chapter 52, title 67, Idaho Code, to revoke  licenses   issued  under  this
                                                                        
                                           8
                                                                        
  1    chapter and to revoke such licenses subject to the provisions of this chapter.
  2        (3)  To  designate  what schools of barbering within and without the state
  3    are approved schools, and from time to time, to change such  designations  and
  4    to keep public records thereof.
  5        (4)  To  prescribe  rules in accordance with the provisions of chapter 52,
  6    title 67, Idaho Code, for a fair and wholly impartial method of examination of
  7    applicants for licenses hereunder and, subject to the  provisions  of  chapter
  8    52,  title  67,  Idaho  Code,  for  conducting  hearings for the revocation of
  9    licenses, defining the qualifications of an approved school of  barbering  and
 10    for the administration of this chapter in general.
 11        Excepting  the  regulation  of  schools  under section 54-507, Idaho Code,
 12    hereof, and the issuance of licenses under section 54-513, Idaho Code, none of
 13    the powers and duties specified in the subsections (1) to (4) of this section,
 14    shall be exercised by the said bureau except on the action  of  the  board  of
 15    barber  examiners.  When  vacancies  occur  on  said board, the governor shall
 16    appoint new members, but not more than a total of three (3) members,  each  of
 17    whom shall be a registered barber, and shall have been a resident of, and law-
 18    fully  practicing barbering within the state of Idaho for a period of at least
 19    five (5) years next before his appointment, and who is  neither  directly  nor
 20    indirectly  in any way connected with or interested in the barber supply busi-
 21    ness nor in any institution offering instruction in barbering.  In  appointing
 22    the  members of such board the governor shall give consideration to the recom-
 23    mendations received from the Idaho state barbers association.  The  board  and
 24    all  assistants  shall be compensated as provided by section 59-509(gh), Idaho
 25    Code.
 26        The regular term of office of a member of the board shall begin as of  the
 27    first  Monday  of July of the year in which he is appointed and shall continue
 28    for three (3) years thereafter. A member appointed to  fill  a  vacancy  occa-
 29    sioned  otherwise  than by expiration of a term shall serve the unexpired term
 30    of his predecessor.
 31        A vacancy in membership in the board shall occur, and be declared  by  the
 32    governor,  whenever the regular term of a member expires, or whenever a member
 33    dies, resigns, or is found by the governor to be mentally or physically  inca-
 34    pable  of  acting, or to be neglecting or refusing to act, or to cease to have
 35    the qualifications of a member, or to have  acquired  disqualifications  of  a
 36    member,  or  to have been absent without reasonable cause from two (2) succes-
 37    sive meetings of the board.
 38        The board of barber examiners shall select from its  members  a  chairman,
 39    vice-chairman  vice chairman, and secretary who shall serve at the pleasure of
 40    the board.
 41        The action and report in writing of the board so designated shall be  suf-
 42    ficient authority upon which the bureau may act.
 43        Whenever  the  board  is  satisfied  that substantial justice has not been
 44    done, either in examination or in revocation of a license or otherwise, it may
 45    order a reexamination or rehearing of the matter.
                                                                        
 46        SECTION 15.  That Section 54-527, Idaho Code, be, and the same  is  hereby
 47    amended to read as follows:
                                                                        
 48        54-527.  CERTIFICATES  LICENSES OF TEACHERS. The board of barber examiners
 49    is authorized to issue certificates licenses to teach in a barber  school  and
 50    must determine by examination the qualifications of applicants to teach.
                                                                        
 51        SECTION  16.  That  Section 54-528, Idaho Code, be, and the same is hereby
 52    amended to read as follows:
                                                                        
                                           9
                                                                        
  1        54-528.  QUALIFICATIONS OF TEACHERS. No person shall teach or be  employed
  2    to  teach  in any barber school within the state, who at the time of rendering
  3    such service is not a holder of a teacher's certificate license for  barbering
  4    or cosmetology.
  5        No  person  shall  be  issued a teacher's certificate license until he has
  6    satisfactorily completed a minimum six (6) month course of barber teaching  as
  7    a  student in a properly licensed barber college or had a minimum of three (3)
  8    years' experience in practical barbering. Any person who makes application  to
  9    obtain  a  certificate license to teach barbering and barber-styling must pass
 10    satisfactorily the barber teachers' examination to be conducted by  the  board
 11    of barber examiners.
 12        The  barber  teachers'  examination  will  determine fully the applicants'
 13    ability to teach all the branches of barbering, both practical and scientific.
 14        A barber teacher's license may be renewed annually by the payment  of  the
 15    required  fee  and  proof  of  having  met  the  continued education as may be
 16    required by board rule.
                                                                        
 17        SECTION 17.  That Section 54-530, Idaho Code, be, and the same  is  hereby
 18    amended to read as follows:
                                                                        
 19        54-530.  JUDICIAL REVIEW. Any person who shall feel aggrieved by an action
 20    of  the  board in denying, suspending or revoking his certificate of registra-
 21    tion or license may seek judicial review thereof in accordance with the provi-
 22    sions of chapter 52, title 67, Idaho Code.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 10480
    
The change from certificate to license would correspond with the board
practice of issuing licenses and not certificates. By adding "safeguard 
the public health, safety, and welfare" language, the purpose of 
licensure will be clearly specified in the statute. By offering both
a Barber-Stylist and Barber license, those persons wishing to practice 
"pure barbering" (without chemicals i.e. permanent waves, coloring, 
straightening, etc.) will be able to obtain a Barber license for that 
purpose.  Those who include the chemical work in their practice will
be issued a Barber-Stylist license. Deletion of references concerning
a schools hours, days, and months, or training and operation will allow 
schools to offer training programs at times more compatible for non-
traditional students. Clarifies what constitutes failure of an exam, and
the re-qualification requirements. Allows the board to withhold a license 
if payment of a student loan is not made. Allows the board the discretion 
to apply discipline other than the suspension or revocation of a license. 
This action is taken at the Deputy AG's suggestion which will allow the 
board to enter into consent agreements with licensees to assess fines and
recover costs rather than being forced to go through the hearing process
(which is more costly to both the board and the licensee; typically $5 - 
$50 thousand). Revises the language concerning a misdemeanor conviction 
and define the operation of an unlicensed facility as a misdemeanor. 
Increase the board's honorarium from $35.00 to $50.00.
      
    
                                 
                         FISCAL IMPACT
                                   
There is no fiscal impact to the general fund. The increase in the board's
honorarium is $135.00 per year in dedicated funds. 
      
      
    
    
   
   
    
    
    
    
    
CONTACT
Name:   Thomas E. Limbaugh
Agency: Bureau of Occupational Licenses, 
        Board of Barber Examiners
Phone: 334-3233


    
Statement of Purpose/Fiscal Note               Bill No. H 28