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
|||| 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.
|||| 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".
|||| 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
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